South Carolina General Assembly
119th Session, 2011-2012
Journal of the Senate


Printed Page 1100 . . . . . Wednesday, February 22, 2012

Wednesday, February 22, 2012
(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:

"Have mercy on me, O God, according to your unfailing love; according to your great compassion blot out my transgressions. Wash away all my iniquity and cleanse me from my sin." (Psalm 51:1-2)

Friends, please join me as we bow in prayer:

Holy God, as those who wish to honor You, it is always fitting for us to pause and to reflect on how we live our lives, how we spend our time, and how far short we fall of Your expectations of us. We do acknowledge our sinfulness, Lord, even here in the Senate of South Carolina. We beseech You to forgive us for our failures to be the women and men You would have us be. By Your grace enable us always to live and to serve more faithfully. In Your precious name we pray, dear Lord.
Amen.

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

Doctor of the Day

Senators LEVENTIS and LAND introduced Dr. Gary Culbertson of Sumter, S.C., Doctor of the Day.

Leave of Absence

At 2:05 P.M., Senator SHANE MARTIN requested a leave of absence beginning at 8:00 P.M. this evening and lasting until 4:00 P.M. on Monday.

Leave of Absence

At 3:30 P.M., Senator THOMAS requested a leave of absence from 3:45 - 6:00 P.M.


Printed Page 1101 . . . . . Wednesday, February 22, 2012

Leave of Absence

At 5:20 P.M., Senator COURSON requested a leave of absence until 7:00 P.M.

Leave of Absence

On motion of Senator LEATHERMAN, at 5:29 P.M., Senator McCONNELL was granted a leave of absence for the balance of the day.

Leave of Absence

At 6:23 P.M., Senator KNOTTS requested a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator BRYANT, at 6:42 P.M., Senator RYBERG was granted a leave of absence until 10:00 A.M. on Thursday, February 23, 2012.

Leave of Absence

At 6:42 P.M., Senator FAIR requested a leave of absence for the balance of the day.

Leave of Absence

At 6:42 P.M., Senator McGILL requested a leave of absence until 7:42 P.M.

Leave of Absence

At 6:46 P.M., Senator JACKSON requested a leave of absence for Senators JACKSON and FORD until 11:00 A.M. on Thursday, February 23, 2012.

Leave of Absence

At 7:00 P.M., Senator CLEARY requested a leave of absence until 7:00 A.M. in the morning.

Leave of Absence

At 7:00 P.M., Senator CROMER requested a leave of absence until 8:00 P.M. this evening.


Printed Page 1102 . . . . . Wednesday, February 22, 2012

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 11 (Word version)       Sen. Alexander
S. 27 (Word version)       Sen. Knotts
S. 419 (Word version)       Sen. Knotts
S. 501 (Word version)       Sen. Knotts
S. 872 (Word version)       Sen. Alexander
S. 1213 (Word version)     Sens. Larry Martin, Scott

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 4251
Promulgated by Board of Examiners in Psychology
Continuing Education Credits
Received by Lt. Governor February 7, 2012
Referred to Senate Committee on Medical Affairs
Legislative Review Expiration June 6, 2012
Withdrawn and resubmitted February 22, 2012

REGULATION RECALLED AND COMMITTED

Document No. 4240
Agency: Department of Labor, Licensing and Regulation - Soil Classifiers Advisory Council
Chapter: 116
Statutory Authority: 1976 Code Section 40-65-10
SUBJECT: Requirements of Licensure for Soil Classifiers
Received by Lieutenant Governor February 7, 2012
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 6, 2012
Recalled from Agriculture and Natural Resources February 22, 2012
Committed to Labor, Commerce and Industry February 22, 2012

Motion Adopted

On motion of Senator SHANE MARTIN, with unanimous consent, Senators CLEARY, FORD, LOURIE, CAMPBELL and BRIGHT were granted leave to attend a meeting and were granted leave to vote from the balcony.


Printed Page 1103 . . . . . Wednesday, February 22, 2012

RECALLED

S. 1237 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO DECLARE MARCH 2012 AS "HOME SCHOOL RECOGNITION MONTH" IN SOUTH CAROLINA, TO RECOGNIZE THE DILIGENT EFFORTS OF HOME SCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, AND TO EXPRESS SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN.

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

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

RECALLED

S. 1063 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 7-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHEROKEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.

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

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1243 (Word version) -- Senators McConnell, Malloy, Rose, Land, Setzler and L. Martin: A BILL TO AMEND TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO, AMONG OTHER THINGS, DEFINE THE JURISDICTION OF THE PROBATE CODE, TO DETERMINE INTESTATE SUCCESSION, TO PROVIDE FOR


Printed Page 1104 . . . . . Wednesday, February 22, 2012

THE PROCESS OF EXECUTING A WILL, TO PROVIDE FOR THE PROCESS TO PROBATE AND ADMINISTER A WILL, TO PROVIDE FOR LOCAL AND FOREIGN PERSONAL REPRESENTATIVES, TO PROVIDE FOR THE PROTECTION OF PERSONS WITH DISABILITIES, TO PROVIDE FOR THE GOVERNANCE OF NONPROBATE TRANSFERS, AND TO AMEND THE SOUTH CAROLINA TRUST CODE; AND TO AMEND CHAPTER 6, TITLE 27, RELATING TO THE RULE AGAINST PERPETUITIES, SO AS TO PROVIDE THAT NO RULE AGAINST PERPETUITIES SHALL BE IN FORCE IN THIS STATE.
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Senator McCONNELL spoke on the Bill.

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

S. 1244 (Word version) -- Senator S. Martin: A BILL TO AMEND CHAPTER 3, TITLE 29 OF THE 1976 CODE, RELATING GENERALLY TO MORTGAGES AND DEEDS OF TRUST, BY ADDING SECTION 29-3-110 TO REQUIRE NOTICE TO A MORTGAGE HOLDER UPON A SALE OR OTHER TRANSFER OF INTEREST IN THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUSINESS ENTITY IF THE MORTGAGOR HAS AN INTEREST IN THE BUSINESS ENTITY ACQUIRING AN INTEREST IN THE PROPERTY.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1245 (Word version) -- Senators Setzler, Massey and Ryberg: A BILL TO AMEND SECTION 47-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF EQUINE LIABILITY IMMUNITY, SO AS TO INCLUDE TRAIL RIDING IN THE DEFINITION OF "EQUINE ACTIVITY" AND TO EXPAND THE DEFINITION OF "EQUINE ACTIVITY SPONSOR" TO INCLUDE A LANDOWNER WHO HAS GIVEN PERMISSION FOR THE USE OF HIS LAND FOR AN EQUINE ACTIVITY; AND TO AMEND SECTION 47-9-730, RELATING TO WARNING SIGNS REQUIRED TO BE POSTED BY EQUINE PROFESSIONALS AND EQUINE ACTIVITY SPONSORS, SO AS TO INCLUDE A REQUIREMENT THAT WARNING SIGNS ARE TO BE POSTED AT THE ENTRANCE TO RIDING TRAILS.


Printed Page 1105 . . . . . Wednesday, February 22, 2012

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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1246 (Word version) -- Senators Lourie and McConnell: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO REVISE CERTAIN CRIMINAL PENALTIES.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1247 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND SECTION 58-3-250 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, TO ALLOW THE PUBLIC SERVICE COMMISSION TO SERVE A FINAL ORDER OR DECISION BY ELECTRONIC SERVICE, REGISTERED MAIL, OR CERTIFIED MAIL.
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Read the first time and referred to the Committee on Judiciary.

S. 1248 (Word version) -- Senator Coleman: A SENATE RESOLUTION TO RECOGNIZE AND HONOR GARY FREEMAN OF WINNSBORO, PIT MASTER OF CAN'T QUIT SMOKING, ON HIS TEAM'S FIRST-PLACE FINISH IN THE 2011 SOUTH CAROLINA BARBEQUE ASSOCIATION MASTER BARBEQUE COMPETITION, AND TO CONGRATULATE MR. FREEMAN AND HIS FELLOW CHEFS ON BEING NAMED 2011 SOUTH CAROLINA STATE CHAMPION BARBEQUE TEAM.
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The Senate Resolution was adopted.

S. 1249 (Word version) -- Senator Coleman: A SENATE RESOLUTION TO RECOGNIZE AND HONOR GEORGE KING OF WINNSBORO, PIT MASTER OF CAN'T QUIT SMOKING, ON HIS TEAM'S FIRST-PLACE FINISH IN THE 2011 SOUTH CAROLINA BARBEQUE ASSOCIATION MASTER BARBEQUE COMPETITION, AND TO CONGRATULATE MR. KING AND HIS FELLOW CHEFS ON BEING NAMED 2011 SOUTH CAROLINA STATE CHAMPION BARBEQUE TEAM.
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Printed Page 1106 . . . . . Wednesday, February 22, 2012

The Senate Resolution was adopted.

S. 1250 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE UNITED STATES CONGRESS TO PROPOSE THE PARENTAL RIGHTS AMENDMENT TO THE STATES FOR RATIFICATION.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1251 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION RECOGNIZING THE DESTRUCTIVE AND INSIDIOUS NATURE OF UNITED NATIONS AGENDA 21 AND REJECTING ITS RADICAL POLICIES AND ANY GRANT MONIES ATTACHED TO IT.
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The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 1252 (Word version) -- Senator Fair: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SYLVIA GUY KITCHENS OF RICHLAND COUNTY UPON THE OCCASION OF HER RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

H. 4749 (Word version) -- Rep. Thayer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF MOTOR VEHICLES NAME ITS HEADQUARTERS BUILDING LOCATED AT 10311 WILSON BOULEVARD, BLYTHEWOOD, SOUTH CAROLINA THE "COLONEL AND MRS. CHARLES P. MURRAY, JR. BUILDING".

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

REPORTS OF STANDING COMMITTEES

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


Printed Page 1107 . . . . . Wednesday, February 22, 2012

S. 11 (Word version) -- Senators McConnell, Cromer, McGill, Rose, Peeler, Grooms, Campsen and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ENACTING THE "TAXPAYER FAIRNESS ACT" BY ADDING SECTION 12-4-397 SO AS TO PROVIDE THE MANNER IN WHICH THE SOUTH CAROLINA DEPARTMENT OF REVENUE MUST INTERPRET TAX STATUTES OF THIS STATE, TO PROVIDE THAT TERMS IN THE TAX STATUTES OF THIS STATE MAY NOT BE GIVEN BROADER MEANING THAN INTENDED BY POLICY DOCUMENTS AND REGULATIONS OF THE DEPARTMENT OF REVENUE, TO PROVIDE THAT AMBIGUITY IN TAX STATUTES MUST BE RESOLVED IN FAVOR OF THE TAXPAYER, TO REQUIRE THE DEPARTMENT TO REPORT AMBIGUITIES TO CERTAIN MEMBERS OF THE GENERAL ASSEMBLY, AND TO DEFINE "TAX STATUTES OF THIS STATE".

Ordered for consideration tomorrow.

Senator MASSEY from the Committee on Judiciary submitted a favorable report on:

S. 41 (Word version) -- Senators McConnell, Rankin and Ford: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISSING PERSON INFORMATION CENTER, SO AS TO CHANGE THE DEFINITION OF "MISSING CHILD" AND "MISSING PERSON".

Ordered for consideration tomorrow.

Senator SHEHEEN from the Committee on Judiciary submitted a favorable report on:

S. 43 (Word version) -- Senators McConnell, Ford and Knotts: A BILL TO AMEND SECTION 39-5-37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A NAME TO MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS AS AN UNLAWFUL TRADE PRACTICE, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE TO PUBLISH IN A TELEPHONE ASSISTANCE DATABASE OR A PRINT ADVERTISEMENT AN INTENTIONALLY MISLEADING REPRESENTATION OF THE GEOGRAPHICAL LOCATION OF THE BUSINESS, AND TO PROVIDE AN EXCEPTION FOR PROVIDERS OF TELEPHONE SERVICES OR TELEPHONE DIRECTORIES.


Printed Page 1108 . . . . . Wednesday, February 22, 2012

Ordered for consideration tomorrow.

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

S. 426 (Word version) -- Senators Hayes, Hutto, Grooms, Land and O'Dell: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF A LICENSE PLATE AND REGISTRATION CERTIFICATE WHEN A VEHICLE OWNER MOVES OUT OF STATE AND THE PRORATED PROPERTY TAX REFUND DUE ON THAT CANCELLATION, SO AS TO ALLOW THE APPROPRIATE RECEIPT ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES TO SUBSTITUTE FOR THE ACTUAL LICENSE PLATE AND CERTIFICATE; TO AMEND SECTION 12-39-220, RELATING TO THE DISCOVERY OF UNTAXED PROPERTY FOR PURPOSES OF PROPERTY TAXES, SO AS TO PROVIDE THE DUTIES OF THE ASSESSOR WITH RESPECT TO THIS PROPERTY; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO THE TIME LIMITS APPLICABLE FOR ASSESSING DELINQUENT TAXES, SO AS TO MAKE A CONFORMING AMENDMENT.

Ordered for consideration tomorrow.

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

S. 492 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-53-45 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO FILE ELECTRONICALLY ALL DOCUMENTS RELATING TO THE ENFORCED COLLECTION OF TAXES DUE THIS STATE WITH COUNTY CLERKS OF COURT AND REGISTERS OF DEEDS IN THOSE COUNTIES WHICH ACCEPT ELECTRONIC FILINGS.

Ordered for consideration tomorrow.

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

S. 704 (Word version) -- Senator S. Martin: A BILL TO AMEND SECTION 12-59-40 OF THE 1976 CODE, RELATING TO THE METHOD AND TERMS OF SALE OF FORFEITED LANDS, TO PROVIDE THAT A COUNTY TAX COLLECTOR MAY BID IN FOR THAT


Printed Page 1109 . . . . . Wednesday, February 22, 2012

COUNTY'S FORFEITED LAND COMMISSION ON PROPERTY SOLD FOR NONPAYMENT OF AD VALOREM TAXES AND TO PROVIDE THAT LANDS DEEDED TO THE COMMISSION ARE ONLY COUNTY ASSETS, NOT STATE ASSETS, AND MUST BE SOLD TO THE BEST INTEREST OF THE COUNTY, NOT THE COUNTY AND THE STATE; TO AMEND SECTION 12-59-50, RELATING TO THE APPLICATION TO THE COMMISSION FOR APPROVAL TO SELL FORFEITED LAND BY THE FORMER OWNER, TO REMOVE REFERENCES TO DELINQUENT STATE TAXES; TO AMEND SECTION 12-59-70, RELATING TO THE CONVEYANCE OF PROPERTY BY THE COMMISSION OF FORFEITED LAND SOLD BY THE FORMER OWNER, TO PROVIDE THAT THE COUNTY TAX COLLECTOR, RATHER THAN THE SHERIFF, MUST DELIVER THE TITLE TO THE FORFEITED LAND COMMISSION; TO AMEND SECTION 12-59-80, RELATING TO THE ASSIGNMENT OF COMMISSION BIDS, TO PROVIDE THAT THE CHAIRMAN OF A COUNTY FORFEITED LAND COMMISSION MAY ACCEPT BIDS FOR ASSIGNMENTS OF THE COMMISSION'S BIDS; TO AMEND SECTION 12-59-90, RELATING TO THE EXECUTION OF DEEDS AND VALIDATION OF CERTAIN DEEDS, TO PROVIDE THAT THE COUNTY TAX COLLECTOR MAY EXECUTE A DEED TO THE PURCHASER OF PROPERTY BID IN BY THE COUNTY TAX COLLECTOR FOR THAT COUNTY'S FORFEITED LAND COMMISSION ON PROPERTY SOLD FOR NONPAYMENT OF AD VALOREM TAXES; TO AMEND SECTION 12-59-100, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY, TO PROVIDE THAT THE NET PROCEEDS MUST GO TO THE COUNTY IN WHICH THE PROPERTY IS LOCATED; AND TO REPEAL SECTION 12-59-30.

Ordered for consideration tomorrow.

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

S. 731 (Word version) -- Senators Scott and Jackson: A BILL TO AMEND SECTION 5-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR FORFEITURE OF THE OFFICE OF MAYOR OR COUNCILMAN AND THE FILLING OF A VACANCY IN EITHER OFFICE, SO AS TO PROVIDE AN ADDITIONAL PERIOD OF TIME THAT MAY BE UTILIZED TO FILL A VACANCY IN EITHER OFFICE.


Printed Page 1110 . . . . . Wednesday, February 22, 2012

Ordered for consideration tomorrow.

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

S. 732 (Word version) -- Senators Pinckney, Knotts, Scott, Peeler, Fair, Cleary, Ford, Nicholson, Williams, Hutto, Elliott, Alexander, Matthews, Land, Setzler, Campbell, Hayes, McConnell, Davis, Thomas, Rose and Lourie: A BILL TO AMEND SECTION 16-11-523, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING NONFERROUS METALS UNLAWFULLY, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS PROVISION; TO AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE PURCHASE OF NONFERROUS METALS, PROCEDURES AND REQUIREMENTS FOR PURCHASE OF NONFERROUS METALS, AND EXCEPTIONS, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS RELATED TO THE SALE OF COPPER; TO AMEND SECTION 16-17-685, RELATING TO THE UNLAWFUL TRANSPORTATION OF NONFERROUS METALS, SO AS TO INCREASE THE PENALTIES FOR CERTAIN VIOLATIONS OF THIS PROVISION; AND BY ADDING CHAPTER 40 TO TITLE 40 SO AS TO REQUIRE SECONDARY METALS RECYCLERS TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE REGISTRATION AND RENEWAL REQUIREMENTS.

Ordered for consideration tomorrow.

Senator ALEXANDER from the General Committee submitted a favorable report on:

S. 872 (Word version) -- Senators Knotts, Rose, Reese, O'Dell, Verdin, Rankin, Bryant, Malloy, McConnell, Scott, Grooms, Fair, Campbell, Elliott, Setzler, McGill, Davis, Williams, Pinckney, Cromer, Hayes, Land, Jackson, Lourie, Nicholson, Matthews, L. Martin and Alexander: A BILL TO AMEND SECTION 25-1-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO EXTEND THE RETIREMENT HONORARY PROMOTION PROVISIONS TO HONORABLY DISCHARGED SERVICE MEMBERS WHO ARE REMOVED FROM THE NATIONAL GUARD DUE TO MEDICAL CONDITIONS, AND TO PROVIDE THAT THE EXPANDED HONORARY PROMOTION ELIGIBILITY DESCRIBED ABOVE IS TO BE APPLIED RETROACTIVELY.


Printed Page 1111 . . . . . Wednesday, February 22, 2012

Ordered for consideration tomorrow.

Senator CROMER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1029 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 50-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOGRAPHIC BOUNDARIES OF CERTAIN BODIES OF WATER, SO AS TO GIVE A NUMERICAL DESIGNATION TO EACH BODY OF WATER ENUMERATED IN THE SECTION AND TO MAKE OTHER TECHNICAL CHANGES TO THE SECTION.

Ordered for consideration tomorrow.

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

S. 1055 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 14-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE COUNCIL, THE CHIEF JUDGE OF THE SOUTH CAROLINA COURT OF APPEALS, AND A PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW, TO CHANGE THE PERSON SERVING FROM THE SOUTH CAROLINA BAR FROM THE PRESIDENT OF THE SOUTH CAROLINA BAR TO ONE PERSON RECOMMENDED BY THE SOUTH CAROLINA BAR, AND TO ADD AS A MEMBER, A MUNICIPAL COURT JUDGE IN LIEU OF ONE OF THE TWO MAGISTRATE COURT JUDGES; TO AMEND SECTION 14-27-30 RELATING TO THE CHIEF JUSTICE APPOINTING A PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW AND APPOINTING THE SUMMARY COURT JUDGES; AND TO AMEND SECTION 14-27-40 RELATING TO THE TERMS OF SERVICE, SO AS TO PROVIDE THAT THE CHIEF JUDGE SERVES DURING THE TERM OF HIS OFFICE, AND THE PERSON RECOMMENDED BY THE CHARLESTON SCHOOL OF LAW SERVES FOR A FOUR-YEAR TERM.

Ordered for consideration tomorrow.

Senator CROMER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:


Printed Page 1112 . . . . . Wednesday, February 22, 2012

S. 1087 (Word version) -- Senators Jackson, Cromer, Grooms, Ford, Scott, Elliott, Setzler, Land, Pinckney, Anderson, Ryberg, Matthews, Rankin and Verdin: A BILL TO AMEND SECTION 50-9-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' ABILITY TO DESIGNATE "FREE FISHING DAYS" AND SANCTION FISHING EVENTS EXEMPT FROM FISHING LICENSE REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO DESIGNATE "FREE FISHING DAYS", TO DESIGNATE JULY FOURTH AND MEMORIAL DAY AS DAYS WHEN A RESIDENT IS NOT REQUIRED TO POSSESS A LICENSE OR PERMIT FOR FRESHWATER RECREATIONAL FISHING, TO LIMIT DEPARTMENT-SANCTIONED EVENTS THAT ARE EXEMPT FROM FISHING LICENSE REQUIREMENTS TO FRESHWATER EVENTS, AND TO EXEMPT CERTAIN COMMERCIAL FISHERMEN FROM THE PROVISIONS CONTAINED IN THIS SECTION.

Ordered for consideration tomorrow.

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

S. 1088 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND STATUTES CREATING CERTAIN BOARDS AND COMMISSIONS WHOSE MEMBERS ARE APPOINTED OR ELECTED BY CONGRESSIONAL DISTRICT, WHICH ARE UNDER THE JURISDICTION OF THE SOUTH CAROLINA SENATE JUDICIARY COMMITTEE PURSUANT TO SOUTH CAROLINA SENATE RULE 19, RELATING TO THE HUMAN AFFAIRS COMMISSION, THE STATE COMMISSION ON MINORITY AFFAIRS, THE PUBLIC SERVICE COMMISSION, THE PUBLIC SERVICE AUTHORITY, THE DIVISION FOR THE REVIEW OF THE FOSTER CARE OF CHILDREN, THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, AND THE BOARD OF JUVENILE PAROLE, NAMELY SECTION 1-13-40(B), SECTION 1-31-10, SECTION 8-13-310, SECTION 58-3-20, SECTION 58-31-20, SECTION 63-11-700, SECTION 63-11-920, AND SECTION 63-19-610 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, SO AS TO INCLUDE THE ADDITIONAL CONGRESSIONAL DISTRICT ASSIGNED TO SOUTH CAROLINA PURSUANT TO THE 2010 CENSUS.

Ordered for consideration tomorrow.


Printed Page 1113 . . . . . Wednesday, February 22, 2012

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

S. 1158 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 6-19-30 OF THE 1976 CODE, RELATING TO WATER AND SEWER AUTHORITIES, DISTRICTS, OR SYSTEMS, TO INCREASE THE NUMBER OF MEMBERS ON THE ADVISORY COMMITTEE TO REFLECT THE ADDITION OF THE NEW CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-39-40, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, TO INCREASE THE NUMBER OF MEMBERS TO REFLECT THE ADDITION OF THE NEW CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-59-40, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK, TO ADD TWO SEATS TO THE BANK'S BOARD, ONE MEMBER TO REPRESENT THE SEVENTH CONGRESSIONAL DISTRICT APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, AND ONE MEMBER FROM THE STATE AT LARGE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 40-69-10, RELATING TO THE STATE BOARD OF VETERINARY EXAMINERS, TO INCREASE THE NUMBER OF MEMBERS TO REFLECT THE ADDITION OF THE NEW CONGRESSIONAL DISTRICT.

Ordered for consideration tomorrow.

Senator CLEARY from the Committee on Judiciary submitted a favorable report on:

S. 1196 (Word version) -- Senators Jackson, Ford, Courson, Hutto, Williams, Sheheen, Massey, Lourie, McGill, Scott, Nicholson, Matthews, Anderson, Gregory, Coleman, Setzler and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-616 SO AS TO PROVIDE THAT THE MONTH OF FEBRUARY OF EVERY YEAR IS DESIGNATED AFRICAN AMERICAN HISTORY MONTH IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator ALEXANDER from the General Committee submitted a favorable report on:

S. 1211 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 43-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE AGENCY OF


Printed Page 1114 . . . . . Wednesday, February 22, 2012

VOCATIONAL REHABILITATION, SO AS TO INCLUDE IN THE AGENCY'S MEMBERSHIP THE APPOINTMENT OF A MEMBER TO REPRESENT THE SEVENTH CONGRESSIONAL DISTRICT, TO ELIMINATE THE AT-LARGE AGENCY MEMBER, AND TO FURTHER PROVIDE FOR THE AGENCY'S TRANSITION FROM SIX TO SEVEN CONGRESSIONAL DISTRICT MEMBERS.

Ordered for consideration tomorrow.

Senator ALEXANDER from the General Committee submitted a favorable report on:

S. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE COMMISSION OF THE BLIND, SO AS TO INCLUDE IN THE COMMISSION'S MEMBERSHIP THE APPOINTMENT OF A MEMBER TO REPRESENT THE SEVENTH CONGRESSIONAL DISTRICT, TO ELIMINATE THE STATE AT-LARGE COMMISSION MEMBER, AND TO FURTHER PROVIDE FOR THE COMMISSION'S TRANSITION FROM SIX TO SEVEN CONGRESSIONAL DISTRICT MEMBERS.

Ordered for consideration tomorrow.

Senator ALEXANDER from the General Committee submitted a favorable report on:

S. 1213 (Word version) -- Senators Alexander, L. Martin and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 2 SO AS TO ESTABLISH THE STATE OF SOUTH CAROLINA MEDAL OF VALOR TO RECOGNIZE SOUTH CAROLINIANS, OR INDIVIDUALS WITH CERTAIN TIES TO SOUTH CAROLINA, WHO WERE KILLED IN ACTION WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES OF AMERICA; TO PROVIDE FOR THE SOUTH CAROLINA MEDAL OF VALOR ROLL; AND TO ESTABLISH THE SOUTH CAROLINA MEDAL OF VALOR AWARD CRITERIA.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3333 (Word version) -- Reps. Sandifer, Toole, Bowers, Hayes, Erickson and Brady: A BILL TO AMEND SECTION 38-1-20, AS AMENDED,


Printed Page 1115 . . . . . Wednesday, February 22, 2012

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 RELATING TO THE DEPARTMENT OF INSURANCE, SO AS TO AMEND THE DEFINITION OF "ADMITTED ASSETS" TO INCLUDE THOSE ON THE MOST RECENT STATUTORY FINANCIAL STATEMENT OF THE INSURER FILED WITH THE DEPARTMENT OF INSURANCE PURSUANT TO THE PROVISIONS OF SECTION 38-13-80; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS REQUIRED OF STOCK INSURERS, SO AS TO CHANGE THE MARKETABLE SECURITIES THAT MAY BE REQUIRED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIRED OF MUTUAL INSURERS, SO AS TO CHANGE THE MARKETABLE SECURITIES WHICH MAY BE REQUIRED BY THE DIRECTOR OF INSURANCE; TO AMEND SECTION 38-9-210, RELATING TO THE REDUCTION FROM LIABILITY FOR THE REINSURANCE CEDED BY A DOMESTIC INSURER, SO AS TO CHANGE THE SECURITIES LISTED THAT QUALIFY AS SECURITY; TO AMEND SECTION 38-10-40, RELATING TO THE PROTECTED CELL ASSETS OF A PROTECTED CELL, SO AS TO CHANGE A CODE REFERENCE; TO AMEND SECTION 38-33-130, RELATING TO THE SECURITY DEPOSIT OF A HEALTH MAINTENANCE ORGANIZATION, SO AS TO DELETE THE REQUIREMENT THAT A HEALTH MAINTENANCE ORGANIZATION SHALL ISSUE A CONVERSION POLICY TO AN ENROLLEE UPON THE TERMINATION OF THE ORGANIZATION; AND TO AMEND SECTION 38-55-80, RELATING TO LOANS TO DIRECTORS OR OFFICERS BY AN INSURER, SO AS TO CHANGE A CODE REFERENCE.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

H. 3342 (Word version) -- Reps. Harrison and Weeks: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OR DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO OPERATE A MOTOR VEHICLE TO CERTAIN PERSONS WHO DRIVE A MOTOR VEHICLE WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM


Printed Page 1116 . . . . . Wednesday, February 22, 2012

"ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT A CONTESTED CASE HEARING MUST BE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS PURSUANT TO ITS RULES OF PROCEDURE, AND TO DELETE THE TERM "DIVISION OF MOTOR VEHICLE HEARINGS" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS"; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO VEHICLE IMMOBILIZATION AFTER A CONVICTION FOR DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY RELEASE AN IMMOBILIZED VEHICLE REGISTERED TO A PERSON WHO HAS NOT BEEN CONVICTED OF DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER UNLAWFUL SUBSTANCE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR PERMIT FOR HIS REFUSAL TO SUBMIT TO A TEST TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT ADMINISTRATIVE HEARINGS ARE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS AND NOT THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS RESPONSIBLE FOR SENDING A HEARING OFFICER'S DECISION TO A PERSON WHO IS ELIGIBLE TO RECEIVE A RESTRICTED LICENSE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST A CONTESTED CASE HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS, SO AS TO INCREASE THE FEE, TO DELETE THE TERM "ADMINISTRATIVE LAW COURT" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS", AND REVISE THE PROCEDURE FOR DISTRIBUTING FUNDS GENERATED FROM THE COLLECTION OF THESE FEES.

Ordered for consideration tomorrow.


Printed Page 1117 . . . . . Wednesday, February 22, 2012

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

H. 3392 (Word version) -- Reps. Clemmons, Sellers, Allen, G.M. Smith and Weeks: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED NOTICE FOR GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE POSTED TIME AT WHICH ABSENTEE BALLOTS MAY BEGIN TO BE EXAMINED FROM 2:00 P.M. TO 9:00 A.M. AND TO REQUIRE NOTIFICATION OF THE DATE THE MAKE-UP ELECTION WILL BE HELD IN THE EVENT OF INCLEMENT WEATHER OR OTHER EMERGENCY; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE BY WHICH THE PARTY CHAIRMAN, VICE CHAIRMAN, OR SECRETARY MUST PROVIDE WRITTEN CERTIFICATION OF THE CANDIDATES' NAMES TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT IF THE GOVERNOR DECLARES A STATE OF EMERGENCY COVERING AN ENTIRE JURISDICTION HOLDING AN ELECTION, THE ELECTION MUST BE POSTPONED AND HELD ON THE NEXT TUESDAY; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO THE CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DATE BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED TO THE STATE ELECTION COMMISSION FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN SEPTEMBER.

Ordered for consideration tomorrow.

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

H. 3393 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 32-8-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO IN ORDER OF PRIORITY MAY AUTHORIZE CREMATION.

Ordered for consideration tomorrow.


Printed Page 1118 . . . . . Wednesday, February 22, 2012

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

H. 3607 (Word version) -- Reps. Harrison, Weeks and McLeod: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

Ordered for consideration tomorrow.

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

H. 3711 (Word version) -- Reps. Sandifer, Hayes and D.C. Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-61-210 SO AS TO PROVIDE THAT AN ENTITY THAT CONTRACTS WITH AN AUTOMOBILE CLUB LICENSED UNDER THE MOTOR CLUB SERVICES ACT FOR THE PROVISIONS OF EMERGENCY ROAD SERVICE AND TOWING SERVICE TO THE ENTITY'S CUSTOMERS IS EXEMPT FROM ALL REQUIREMENTS OF THE MOTOR CLUB SERVICES ACT.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

H. 4042 (Word version) -- Reps. Harrison, Brady, Pinson, H.B. Brown, Munnerlyn, Viers, Horne and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.

Ordered for consideration tomorrow.


Printed Page 1119 . . . . . Wednesday, February 22, 2012

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

H. 4475 (Word version) -- Reps. Young, Clyburn, Taylor, Hixon, Frye, Southard, Clemmons and Hardwick: A BILL TO AMEND SECTION 47-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF EQUINE LIABILITY IMMUNITY, SO AS TO INCLUDE TRAIL RIDING IN THE DEFINITION OF "EQUINE ACTIVITY"; AND TO AMEND SECTION 47-9-730, RELATING TO WARNING SIGNS REQUIRED TO BE POSTED BY EQUINE PROFESSIONALS AND EQUINE ACTIVITY SPONSORS, SO AS TO INCLUDE A REQUIREMENT THAT WARNING SIGNS ARE TO BE POSTED AT THE ENTRANCE TO RIDING TRAILS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1000 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 92 ALONG INTERSTATE HIGHWAY 85 IN CHEROKEE COUNTY "LANCE CORPORAL CHRISTOPHER S. FOWLKES MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LANCE CORPORAL CHRISTOPHER S. FOWLKES MEMORIAL INTERCHANGE".

Returned with concurrence.

Received as information.

Message from the House

Columbia, S.C., February 22, 2012

Mr. President and Senators:

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

H. 3583 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2010.
and has ordered the Bill enrolled for Ratification.


Printed Page 1120 . . . . . Wednesday, February 22, 2012

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 22, 2012

Mr. President and Senators:

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

H. 3750 (Word version) -- Reps. Viers and Vick: A BILL TO AMEND SECTION 17-5-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CORONER'S DUTIES WHEN A PERSON DIES, INCLUDING WHERE AN AUTOPSY MUST BE PERFORMED IF A PERSON DIES IN A HEALTH CARE FACILITY WITHIN TWENTY-FOUR HOURS OF ENTERING THE FACILITY OR WITHIN TWENTY-FOUR HOURS OF UNDERGOING AN INVASIVE SURGICAL PROCEDURE, SO AS TO PROVIDE THAT UNLESS THE CORONER CERTIFIES THAT THERE IS NO REASONABLE ALTERNATIVE, THE AUTOPSY MUST NOT BE PERFORMED AT THE HEALTH CARE FACILITY WHERE THE DEATH OCCURRED OR BY A PHYSICIAN WHO TREATED THE PATIENT OR WHO WAS EMPLOYED BY THE HEALTH CARE FACILITY WHERE THE DEATH OCCURRED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 22, 2012

Mr. President and Senators:

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

H. 4447 (Word version) -- Reps. Forrester, Allison, Chumley, Tallon and Parker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE MIDDLE TYGER RIVER ALONG SOUTH CAROLINA HIGHWAY 296 IN SPARTANBURG COUNTY "U.S. ARMY CAPTAIN JOHN DAVID HORTMAN BRIDGE" AND


Printed Page 1121 . . . . . Wednesday, February 22, 2012

ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "U.S. ARMY CAPTAIN JOHN DAVID HORTMAN BRIDGE"
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 22, 2012

Mr. President and Senators:

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

H. 4003 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTIONS OF SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/ANDERSON COUNTY LINE, SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/MCCORMICK COUNTY LINE, AND SOUTH CAROLINA HIGHWAY 72 AND THE ABBEVILLE/GREENWOOD COUNTY LINE THAT CONTAIN THE WORDS "ABBEVILLE HIGH SCHOOL PANTHERS 2010 CLASS A STATE FOOTBALL CHAMPIONS AND 2011 CLASS A STATE SOFTBALL CHAMPIONS".
Respectfully submitted,
Speaker of the House

Received as information.

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

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:


Printed Page 1122 . . . . . Wednesday, February 22, 2012

H. 4704 (Word version) -- Rep. Agnew: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEAR 2012 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE MOST RECENT COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN ABBEVILLE COUNTY.

By prior motion of Senators O'DELL and NICHOLSON

H. 4722 (Word version) -- Rep. Agnew: A BILL TO REAPPORTION THE SPECIFIC AREAS OR ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF THE ABBEVILLE COUNTY SCHOOL DISTRICT MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

By prior motion of Senators O'DELL and NICHOLSON

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2009, and to expire May 31, 2012
Appraiser:
Michael B. Dodds, 433 Press Lindler Road, Columbia, SC 29212

Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2012, and to expire May 31, 2015
Appraiser:
Michael B. Dodds, 433 Press Lindler Road, Columbia, SC 29212

On motion of Senator RYBERG, the question was confirmation of Mr. Dodds.

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

Ayes 44; Nays 0


Printed Page 1123 . . . . . Wednesday, February 22, 2012

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Rose
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--44

NAYS

Total--0

The appointment of Mr. Dodds was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2010, and to expire May 31, 2013
Appraiser:

George E. Knight, Jr., 4013 Kenilworth Road, Columbia, SC 29205 VICE Terrence O'Brien

On motion of Senator RYBERG, the question was confirmation of Mr. Knight.

Objection

Senator GROOMS asked unanimous consent to make a motion that the preceding vote be applied to the confirmation of Mr. Knight.


Printed Page 1124 . . . . . Wednesday, February 22, 2012

Senator McCONNELL objected.

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

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McConnell                 McGill
Nicholson                 O'Dell                    Peeler
Pinckney                  Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--45

NAYS

Total--0

The appointment of Mr. Knight was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2010, and to expire May 31, 2013
Broker:
Annie R. King, 3901 S. Breck Ridge Circle, Florence, SC 29505

On motion of Senator RYBERG, the question was confirmation of Ms. King.


Printed Page 1125 . . . . . Wednesday, February 22, 2012

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

Ayes 45; Nays 0

AYES

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Cromer
Davis                     Elliott                   Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McConnell                 McGill
Nicholson                 O'Dell                    Peeler
Pinckney                  Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--45

NAYS

Total--0

The reappointment of Ms. King was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence September 1, 2010, and to expire September 1, 2014
Public:

Stephanie A. Nye, 2452 Hollingshed Road, Irmo, SC 29063 VICE Delores Gilmer

On motion of Senator RYBERG, the question was confirmation of Ms. Nye.


Printed Page 1126 . . . . . Wednesday, February 22, 2012

Parliamentary Inquiry

Senator CAMPSEN made a Parliamentary Inquiry as to whether or not a roll call vote was required as the statute does not require a roll call vote.

The PRESIDENT stated that the Rules of the Senate require a roll call vote unless waived by unanimous consent.

Objection

Senator GROOMS asked unanimous consent to make a motion that the preceding vote be applied to the confirmation of Ms. Nye.

Senator MALLOY objected.

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Pinckney                  Rankin
Reese                     Rose                      Ryberg
Scott                     Setzler                   Sheheen
Shoopman                  Thomas                    Verdin
Williams

Total--46

NAYS

Total--0

The appointment of Ms. Nye was confirmed.


Printed Page 1127 . . . . . Wednesday, February 22, 2012

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2011, and to expire March 20, 2015
Cosmetologist:
Cynthia T. Rodgers, 2731 Avalon Lane, Lancaster, SC 29720

On motion of Senator RYBERG, the question was confirmation of Ms. Rogers.

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

Ayes 43; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Cleary
Coleman                   Courson                   Cromer
Davis                     Elliott                   Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Leatherman                Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Pinckney                  Rankin
Reese                     Rose                      Ryberg
Scott                     Setzler                   Sheheen
Shoopman                  Thomas                    Verdin
Williams

Total--43

NAYS

Total--0

The appointment of Ms. Rogers was confirmed.


Printed Page 1128 . . . . . Wednesday, February 22, 2012

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2011, and to expire March 20, 2015
Esthetician:

Janice Curtis, 1500 Brentwood Way, Simpsonville, SC 29680 VICE Roseanne Kinley

On motion of Senator RYBERG, the question was confirmation of Ms. Curtis.

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

Ayes 37; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Davis                     Elliott                   Fair
Gregory                   Grooms                    Hayes
Knotts                    Leatherman                Leventis
Malloy                    Martin, Larry             Martin, Shane
Massey                    McConnell                 McGill
Nicholson                 O'Dell                    Peeler
Rankin                    Reese                     Rose
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Verdin
Williams

Total--37

NAYS

Total--0

The appointment of Ms. Curtis was confirmed.


Printed Page 1129 . . . . . Wednesday, February 22, 2012

Having received a favorable report from the Banking and Insurance Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence July 1, 2010, and to expire June 30, 2014
South Carolina Bankers Association:

Fleetwood S. Hassell, 30 New Street, Charleston, SC 29401 VICE Barry Slider

On motion of Senator THOMAS, the question was confirmation of Mr. Hassell.

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Knotts                    Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McConnell                 McGill
Nicholson                 O'Dell                    Peeler
Pinckney                  Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--42

NAYS

Total--0

The appointment of Mr. Hassell was confirmed.


Printed Page 1130 . . . . . Wednesday, February 22, 2012

Having received a favorable report from the Banking and Insurance Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2011, and to expire June 30, 2015
South Carolina Bankers Association:

Jim B. Apple, 1109 Enclave Way, Columbia, SC 29223 VICE H. Blake Gibbons, Jr.

On motion of Senator THOMAS, the question was confirmation of Mr. Apple.

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

Ayes 41; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Cromer
Davis                     Elliott                   Fair
Ford                      Gregory                   Grooms
Hutto                     Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McConnell                 McGill
Nicholson                 O'Dell                    Peeler
Rankin                    Reese                     Rose
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--41

NAYS

Total--0

The appointment of Mr. Apple was confirmed.


Printed Page 1131 . . . . . Wednesday, February 22, 2012

Consideration of Appointment Interrupted

Having received a favorable report from the Medical Affairs Committee, the following appointment taken up for immediate consideration:
Initial Appointment, Director of Department of Health and Environmental Control
Catherine B. Templeton, 34 Saturday Rd., Mt. Pleasant, SC 29464

On motion of Senator PEELER, the question was confirmation of Ms. Templeton.

Senator LEVENTIS argued contra to the confirmation of Ms. Templeton.

Objection

At 5:29 P.M., with Senator LEVENTIS retaining the floor, Senator MALLOY asked unanimous consent to make a motion that the Senate stand adjourned.

Senator PEELER objected.

Senator LEVENTIS resumed arguing contra to the confirmation of Ms. Templeton.

Motion Under Rule 15A Failed

At 5:31 P.M., Senator LARRY MARTIN moved under Rule 15A to vote on the entire matter of the confirmation of Ms. Templeton.

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

Ayes 19; Nays 15

AYES

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Cleary
Cromer                    Davis                     Fair
Grooms                    Hayes                     Martin, Larry
Martin, Shane             Massey                    O'Dell
Peeler                    Rose                      Shoopman
Verdin

Total--19


Printed Page 1132 . . . . . Wednesday, February 22, 2012

NAYS

Coleman                   Elliott                   Hutto
Jackson                   Land                      Leventis
Lourie                    Malloy                    Matthews
McGill                    Nicholson                 Reese
Scott                     Setzler                   Williams

Total--15

Not having received the necessary vote, the motion under Rule 15A failed.

Objection

At 5:35 P.M., with Senator LEVENTIS retaining the floor, Senator LOURIE asked unanimous consent to make a motion that the Senate stand adjourned.

Senator SHOOPMAN objected.

Senator LEVENTIS resumed arguing contra to the confirmation of Ms. Templeton.

Point of Quorum

At 6:04 P.M., Senator MALLOY made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Coleman
Cromer                    Davis                     Elliott
Fair                      Gregory                   Grooms
Hayes                     Knotts                    Leventis
Malloy                    Martin, Larry             Martin, Shane
Massey                    McGill                    Peeler
Rose                      Setzler                   Shoopman
Verdin

A quorum being present, the Senate resumed.


Printed Page 1133 . . . . . Wednesday, February 22, 2012

Senator LEVENTIS resumed arguing contra to the confirmation of Ms. Templeton.

Point of Quorum

At 6:35 P.M., Senator MALLOY made the point that a quorum was not present. It was ascertained that a quorum was not present.

In the absence of a quorum, Senator MALLOY moved that the Senate stand adjourned.

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

Ayes 11; Nays 17

AYES

Coleman                   Elliott                   Ford
Hutto                     Jackson                   Land
Leventis                  Malloy                    McGill
Nicholson                 Setzler

Total--11

NAYS

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Cleary
Cromer                    Davis                     Fair
Gregory                   Grooms                    Martin, Larry
Massey                    Peeler                    Rose
Shoopman                  Verdin

Total--17

The Senate refused to adjourn.

Senator LEVENTIS resumed arguing contra to the confirmation of Ms. Templeton.

Point of Quorum

At 7:18 P.M., Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.


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In the absence of a quorum, Senator PEELER moved that the Senate stand adjourned.

Debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senators KNOTTS, LAND and LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert L. Berry, Sr., 71, widower of Chieko Berry. Mr. Berry, an avid golfer, was retired from Fort Roofing and Sheet Metal Works after many years of service. He was a devoted father of 8, doting grandfather of 17 and great-grandfather of 10.

ADJOURNMENT

At 7:18 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.

Recorded Vote

Senators GROOMS, BRIGHT, DAVIS and ROSE desired to be recorded as voting against adjournment.

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