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

Wednesday, March 11, 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:

Moses admonished Joshua at the River Jordan, saying to him:

" 'Do not be afraid; do not be discouraged.' " (Deuteronomy 8:31c)

Join me as we bow and pray:

Holy and Most Gracious God, as this Senate continues through this ninth week of this year's Legislative Session, we pray today that You bless these leaders in the ways You alone can. Allow each Senator to remember why it is that they are serving here, Lord: to bring hope and promise to all of the people of South Carolina, to better the economic conditions in our State, and to create a brighter future for our children. Steel the resolve of these members. Keep them determined and hopeful. This we pray, Lord, in Your loving name. 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:

Statewide Appointment

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)

Referred to the Committee on Labor, Commerce and Industry.

Local Appointments

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Dean E. Ford, 205 North Maple Street, Number 4, Simpsonville, SC 29681

Initial Appointment, Georgetown County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
John A. Love, 3827 El Duce Place, Myrtle Beach, SC 29588 VICE Dan Furr

The following was received and referred to the appropriate committee for consideration:

Document No. 4560
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Sections 50-15-20(A), 50-15-60, and 50-15-430(A)
SUBJECT: Regulations for Species or Subspecies of Non-game Wildlife
Received by Lieutenant Governor March 11, 2015
Referred to Fish, Game and Forestry Committee

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4510
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Chapter: 91
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-33-10
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Medical Affairs Committee
Legislative Review Expiration May 23, 2015
May 31, 2015 Withdrawn and Resubmitted

Doctor of the Day

Senator McELVEEN introduced Dr. Christopher Yeakel of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 2:12 P.M., Senator BRIGHT requested a leave of absence for Senator VERDIN for today.

Leave of Absence

At 2:12 P.M., Senator PINCKNEY requested a leave of absence for the today.

Leave of Absence

At 2:12 P.M., Senator THURMOND requested a leave of absence for Senator MALLOY for today and tomorrow, March 11, 2015, and March 12, 2015.

S. 135 (Word version)     Sens. Shealy, Fair
S. 519 (Word version)     Sen. Davis
S. 167 (Word version)     Sen. Corbin
S. 406 (Word version)     Sen. McElveen

RECALLED

H. 3368 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE PORTION OF OAKLAND AVENUE FROM ITS INTERSECTION WITH NORFOLK STREET TO ITS INTERSECTION WITH WILSON ROAD IN THE CITY OF FLORENCE WHICH CURRENTLY IS DESIGNATED AS "REVEREND DR. VANDROTH BACKUS WAY", TO "REVEREND DR. VANDROTH BACKUS WAY-A MONTFORD POINT MARINE", REMOVE THE SIGNS ERECTED ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE FORMER DESIGNATION, AND REPLACE THEM WITH SIGNS THAT CONTAIN THE LATTER DESIGNATION.

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

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 543 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO CONGRATULATE THE MYRTLE MAYHEM GOLF TOURNAMENT ON ITS TENTH ANNIVERSARY AND TO WISH THE EVENT AND ITS FOUNDERS MUCH CONTINUED SUCCESS IN THE YEARS TO COME.
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S. 544 (Word version) -- Senator Kimpson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE, UPON THE PASSING OF RONALD L. "RON" MOTLEY OF CHARLESTON COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY, FRIENDS, AND ASSOCIATES.
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S. 545 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 11-57-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROCUREMENTS AND CONTRACTS THAT ARE EXCLUDED FROM THE PROVISIONS OF THIS CHAPTER, SO AS TO ADD EXCLUSIONS FOR PROCUREMENTS OR CONTRACTS WHICH ARE VALUED AT LESS THAN TEN THOUSAND DOLLARS, ENTERED INTO WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY OR AGENCY, OR ENTERED INTO BEFORE JANUARY 1, 2015.
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Read the first time and referred to the Committee on Finance.

S. 546 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3815 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PARK CERTAIN VEHICLES IN A FIRE LANE OR A NO PARKING ZONE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION.
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Read the first time and referred to the Committee on Transportation.

S. 547 (Word version) -- Senators Shealy and Kimpson: A BILL TO AMEND SECTION 63-7-310 OF THE 1976 CODE, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE OR NEGLECT, AND TO AMEND SECTION 63-7-450, RELATING TO INFORMATION THE DEPARTMENT OF SOCIAL SERVICES MUST PROVIDE TO PERSONS REQUIRED TO REPORT, SO AS TO MAKE CONFORMING CHANGES.
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Read the first time and referred to the Committee on Judiciary.

S. 548 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO DECLARE WEDNESDAY, APRIL 15, 2015, AS "SOUTH CAROLINA RECYCLERS' DAY" AND TO COMMEND AND RECOGNIZE SOUTH CAROLINA'S RECYCLERS FOR THEIR CONTRIBUTIONS TO OUR STATE'S ECONOMY, THEIR EFFORTS TO PROMOTE ENERGY EFFICIENCY, AND THEIR LEADERSHIP IN PROVIDING SUSTAINABLE MATERIAL-MANAGEMENT OPTIONS.
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The Senate Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 549 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTIONS SOUTH CAROLINA'S HUMAN RESOURCE PROFESSIONALS MAKE TO OUR STATE AND TO THE BUSINESSES AND INDUSTRIES IN WHICH THEY WORK AND TO DECLARE MARCH 30, 2015, AS HUMAN RESOURCE PROFESSIONAL APPRECIATION DAY IN SOUTH CAROLINA.
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The Senate Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

S. 550 (Word version) -- Senators Peeler and Campbell: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO RENAME THE CHAPTER THE "DEPARTMENT OF BEHAVIORAL AND PUBLIC HEALTH" AND TO REORGANIZE THE CHAPTER TO CREATE THE DIVISION OF PUBLIC HEALTH, TO DELEGATE TO THE DIVISION THE RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERTAINING TO PUBLIC HEALTH, TO ABOLISH THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE APPOINTMENT OF A DIRECTOR OF THE DEPARTMENT BY THE GOVERNOR, AND TO TRANSFER ENVIRONMENTALLY RELATED RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE DIVISION OF ENVIRONMENTAL CONTROL OF THE DEPARTMENT OF AGRICULTURE; TO AMEND CHAPTER 9, TITLE 44, RELATING, IN PART, TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO CREATE THE DIVISION OF MENTAL HEALTH WITHIN THE DEPARTMENT OF BEHAVIORAL AND PUBLIC HEALTH, TO MAKE CONFORMING CHANGES REFLECTING THE TRANSFER OF RESPONSIBILITIES TO THE DIVISION, AND TO ABOLISH THE DEPARTMENT OF MENTAL HEALTH AND THE MENTAL HEALTH COMMISSION; TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CREATE THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF BEHAVIORAL AND PUBLIC HEALTH, TO MAKE CONFORMING CHANGES REFLECTING THE TRANSFER OF RESPONSIBILITIES TO THE DIVISION, AND TO ABOLISH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; BY ADDING CHAPTER 57 TO TITLE 46 SO AS TO CREATE A DIVISION OF ENVIRONMENTAL PROTECTION WITHIN THE DEPARTMENT OF AGRICULTURE AND TRANSFER TO THE DIVISION THE DIVISIONS, OFFICES, AND PROGRAMS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THAT PERFORM FUNCTIONS RELATED TO ENVIRONMENTAL REGULATION AND PROTECTION; TO AMEND SECTION 46-3-10, RELATING TO THE DUTIES OF THE DEPARTMENT OF AGRICULTURE, SO AS TO ADD THE ADMINISTRATION OF THE DIVISION OF ENVIRONMENTAL PROTECTION; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND THE DEPARTMENT OF MENTAL HEALTH, AND TO ADD THE DEPARTMENT OF BEHAVIORAL AND PUBLIC HEALTH; TO AMEND SECTION 1-30-20, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CHANGE THE REFERENCE TO THE DEPARTMENT OF BEHAVIORAL AND PUBLIC HEALTH; AND TO REPEAL SECTION 1-30-45 RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SECTION 1-30-70 RELATING TO THE DEPARTMENT OF MENTAL HEALTH.
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Senator PEELER spoke on the Bill.

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

REPORTS OF STANDING COMMITTEES

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

S. 374 (Word version) -- Senators Campsen, Bryant, Verdin, Cromer, Bright, L. Martin, Setzler and Courson: A BILL TO AMEND SECTION 30, CHAPTER 20, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 30, SO AS TO PROVIDE A TIME FOR CANDIDATES TO OBTAIN PLEDGES OR COMMITMENTS FROM MEMBERS OF THE GENERAL ASSEMBLY AFTER PUBLICATION OF THE JOINT COMMITTEE'S FINDINGS ON THE CANDIDATES AND TO SET A TIME FOR THE ELECTION OF THE CANDIDATES.

Ordered for consideration tomorrow.

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

S. 381 (Word version) -- Senators Shealy, Bright, Turner, Johnson, Young, Jackson, Grooms, Sabb, Thurmond, Massey, Allen, Sheheen, Davis, Hembree, L. Martin, Bryant, Peeler, Alexander and Lourie: A BILL TO AMEND SECTION 8-11-620(A)(1) OF THE 1976 CODE, RELATING TO LEAVE AND LUMP-SUM PAYMENTS UPON TERMINATION OF EMPLOYMENT, TO PROVIDE THAT ANY PUBLIC EMPLOYEE WHO IS TERMINATED WITHIN ONE YEAR OF FULL RETIREMENT SHALL HAVE FIVE DAYS AFTER TERMINATION TO PURCHASE THE REMAINING TIME.

Ordered for consideration tomorrow.

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

S. 444 (Word version) -- Senators Gregory, Hayes and Campbell: A BILL TO AMEND SECTION 12-6-3360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE JOB TAX CREDIT, SO AS TO ADD CERTAIN ESTABLISHMENTS TO THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" IF THE ESTABLISHMENT HAS A NET INCREASE OF AT LEAST ONE THOUSAND NEW FULL-TIME JOBS AT A SINGLE CORPORATE CAMPUS IN THIS STATE, WITH AN AVERAGE CASH COMPENSATION LEVEL OF AT LEAST ONE AND ONE-HALF TIMES EITHER THE STATE OR COUNTY PER CAPITA INCOME.

Ordered for consideration tomorrow.

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

S. 453 (Word version) -- Senators Fair and Reese: A BILL TO MAKE PERMANENT THE PROVISIONS OF SECTION 14-1-240, RELATING TO SURCHARGES ON CERTAIN MISDEMEANORS TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Ordered for consideration tomorrow.

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

S. 436 (Word version) -- Senators Campsen, Setzler, L. Martin, Malloy, Hayes and Gregory: A BILL TO AMEND SECTION 70(C), CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 70, SO AS TO PROVIDE ADDITIONAL TIME FOR MEMBERS OF THE GENERAL ASSEMBLY TO REVIEW THE JUDICIAL MERIT SELECTION COMMISSION'S DRAFT REPORT OF JUDICIAL CANDIDATES BEFORE THE REPORT BECOMES FINAL AND JUDICIAL CANDIDATES CAN OBTAIN PLEDGES OR COMMITMENTS; BY AMENDING SECTION 80(E), SO AS TO SHORTEN THE TIME PERIOD FROM RELEASE OF THE OFFICIAL REPORT UNTIL THE TIME FOR THE ELECTION OF THE JUDICIAL CANDIDATES.

Ordered for consideration tomorrow.

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

Ordered for consideration tomorrow.

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

H. 3760 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

SENT TO THE HOUSE

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

S. 463 (Word version) -- Senators S. Martin and Campsen: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A REVIEW OF WILDLIFE TAGGING, VALIDATION, AND METHODS OF CHECKING HARVESTED GAME UTILIZED IN OTHER STATES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS.

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

S. 534 (Word version) -- Senator Johnson: A BILL TO AMEND THE LAST SENTENCE OF SECTION 3 OF ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT, TO PROVIDE THAT A PERCENTAGE OF THE SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY IMPOSED PURSUANT TO THE ACT MAY BE APPLIED TO SUPPORT SCHOOL OPERATING EXPENSES; AND TO AMEND SECTION 4(A) OF ACT 355 OF 2004, TO PROVIDE THAT A TAX IMPOSED PURSUANT TO ACT 355 MAY BE IMPOSED FOR NOT MORE THAN THIRTY YEARS.

Senator JOHNSON explained the Bill.

CARRIED OVER

S. 350 (Word version) -- Senators Campbell, Malloy, Setzler, Scott, Alexander, Hembree, O'Dell, Hayes, Grooms, Cleary, Williams, Bennett, Johnson, Hutto, L. Martin, Fair, Turner, Allen, Matthews, Peeler, Lourie, Courson, Coleman, Jackson, McElveen, Shealy, Sabb, Kimpson, Nicholson and Sheheen: A BILL TO AMEND SECTION 4 OF ACT 314 OF 2000, AS LAST AMENDED BY ACT 248 OF 2010 TO TERMINATE THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT ON JUNE 30, 2020.

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

S. 501 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO LAW ENFORCEMENT OFFICER AND E-911 OFFICER TRAINING & CERTIFICATION (RENUMBER AND REORGANIZE), DESIGNATED AS REGULATION DOCUMENT NUMBER 4350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 502 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4372, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 503 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PROCEEDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4455, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 504 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO REPORTING OF MISCONDUCT BY LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4345, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 506 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO ARTICLE 5, ADJUDICATION OF MISCONDUCT ALLEGATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4523, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 167 (Word version) -- Senators Turner and Campbell: A BILL TO AMEND SECTION 40-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF A LICENSE FOR THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO EXPAND APPLICABILITY OF THE REQUIREMENT TO INCLUDE OFFERS TO SELL HEARING AIDS THROUGH MAIL, INTERNET, OR OTHER MEANS; TO REVISE AN EXCLUSION FOR BUSINESSES THAT EMPLOY LICENSEES TO ALSO INCLUDE BUSINESSES THAT CONTRACT WITH LICENSEES TO SELL AND FIT HEARING AIDS; TO PROVIDE THAT NOTHING IN THIS CHAPTER PROHIBITS A PERSON FROM ENGAGING IN THE BUSINESS OF SELLING OR OFFERING FOR SALE HEARING AIDS THROUGH THE MAIL, INTERNET, OR OTHER MEANS TO DISTRIBUTORS, DEALERS, OR OTHER PERSONS ENGAGED IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS THAT ARE LICENSED IN THIS STATE; AND TO PROVIDE THAT NOTHING IN THIS CHAPTER PROHIBITS THE SALE OF HEARING AIDS THROUGH THE MAIL, INTERNET, OR ANY OTHER MEANS IF THE SALE IS MADE PURSUANT TO THE DIRECT PRESCRIBED RECOMMENDATION OF A PERSON HOLDING AN UNSUSPENDED, UNREVOKED LICENSE ISSUED BY THE DEPARTMENT PURSUANT TO THIS CHAPTER.

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

S. 168 (Word version) -- Senator Kimpson: A JOINT RESOLUTION TO DECLARE SEPTEMBER 26, ANNUALLY, AS MESOTHELIOMA AWARENESS DAY.

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

CARRIED OVER

S. 278 (Word version) -- Senators Hutto, Johnson, Lourie and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

The Senate proceeded to a consideration of the Bill.

The Committee on Medical Affairs proposed the following amendment (S-278 COMMITTEE), which was adopted:

Amend the bill, as and if amended, beginning on page 1 by striking lines 40-42 and on page 2 by striking lines 1-13 and inserting:

/     "Section 44-29-185.   (A)   (1) Beginning with the 2015-2016 school year, the Department of Health and Environmental Control may offer the cervical cancer vaccination series for adolescent students. Adolescent students include children enrolling in the seventh grade in any school, public, private, or home schooling program in this State.

(2) No student is required to have the cervical cancer vaccination series before enrolling in or attending school. Consent of a parent or guardian is required for a child to receive the cervical cancer vaccination from the department, except as provided under Section 63-5-340.

(B)(1)   The department may develop and provide to each school and home schooling program whose grade levels include grade six informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The brochure specifically shall state the benefits and side effects of the cervical cancer vaccination series and that the vaccination series is optional. The brochure shall encourage the parent or guardian of a student to take the child to the child's own health care provider to be vaccinated.

(2)   At the beginning of the school year each school and home schooling program may provide this informational brochure to the parents or guardians of all students in the sixth grade. /

Renumber sections to conform.

Amend title to conform.

The question then was the adoption of the amendment.

Senator HUTTO explained the Bill.

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

CARRIED OVER

S. 339 (Word version) -- Senators Lourie and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "HOPE'S LAW" BY ADDING SECTION 44-115-160 SO AS TO REQUIRE MAMMOGRAM PROVIDERS TO PROVIDE A MAMMOGRAM REPORT TO PATIENTS ABOUT BREAST DENSITY AND TO REQUIRE THESE PROVIDERS TO INCLUDE A CONSPICUOUS NOTICE WHEN A MAMMOGRAM SHOWS THE PRESENCE OF DENSE BREAST TISSUE.

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

S. 357 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 44 SO AS TO BE ENTITLED "IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES", AND TO PROVIDE THAT THE SERVICES OF A HEALTH CARE PROVIDER TREATING A PATIENT FREE OF CHARGE ARE DEEMED TO BE WITHIN THE SCOPE OF THE GOOD SAMARITAN STATUTE; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT"; AND TO AMEND SECTION 38-79-30, AS AMENDED, RELATING TO LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE MEDICAL CARE, SO AS TO REQUIRE A WRITTEN AGREEMENT OF PROVISION OF THE VOLUNTARY, UNCOMPENSATED CARE AND TO ALLOW THE WRITTEN AGREEMENT TO BE AN ELECTRONIC RECORD.

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

S. 361 (Word version) -- Senators Hayes, Cromer, Shealy and Scott: A BILL TO AMEND SECTION 38-73-736, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATE REDUCTIONS FOR NON-YOUTHFUL OPERATORS, SO AS TO DELETE REFERENCES TO APPROVED DRIVER TRAINING REFRESHER COURSES AND TO REDUCE FROM SIX HOURS TO FOUR HOURS THE AMOUNT OF CLASSROOM TRAINING REQUIRED FOR APPROVED DRIVER TRAINING COURSES.

Senator CROMER explained the Bill.

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

Point of Order

S. 413 (Word version) -- Senators Cleary, Leatherman, Bryant, Johnson, Campbell, Peeler, Fair and Shealy: A BILL TO AMEND SECTION 40-43-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTOCOL FOR PHARMACISTS TO ADMINISTER INFLUENZA VACCINES AND CERTAIN MEDICATIONS, SO AS TO PROVIDE A PROCEDURE FOR CREATING PROTOCOL THROUGH WHICH PHARMACISTS MAY ADMINISTER CERTAIN VACCINES WITHOUT A WRITTEN ORDER OR PRESCRIPTION FROM A PRACTITIONER, TO PROVIDE CIRCUMSTANCES IN WHICH A PHARMACY INTERN MAY ADMINISTER VACCINATIONS, TO REVISE RECORDKEEPING REQUIREMENTS TO EXTEND THE PERIOD FOR MAINTAINING RECORDS AND SPECIFY THE MANNER OF DETERMINING THE DATE FROM WHICH THIS PERIOD IS MEASURED, AND TO PROVIDE FOR THE ELECTRONIC STORAGE OF CERTAIN DOCUMENTS, RECORDS, AND COPIES; AND TO AMEND SECTION 40-43-200, RELATING TO THE JOINT PHARMACIST ADMINISTERED INFLUENZA VACCINES COMMITTEE, SO AS TO MAKE CONFORMING CHANGES.

Point of Order

Senator SHANE MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

CARRIED OVER

S. 466 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-37-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING, POSSESSING, ADMINISTERING, SUPPLYING, AND PRESCRIBING OF CERTAIN PHARMACEUTICAL AGENTS BY OPTOMETRISTS AND THE PROHIBITION ON SCHEDULE I AND II CONTROLLED SUBSTANCES, SO AS TO CLARIFY THAT SCHEDULE II CONTROLLED SUBSTANCES THAT HAVE BEEN RECLASSIFIED FROM SCHEDULE III TO SCHEDULE II ON OR AFTER OCTOBER 6, 2014, MAY CONTINUE TO BE PURCHASED, POSSESSED, ADMINISTERED, SUPPLIED, AND PRESCRIBED BY AN OPTOMETRIST.

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

H. 3752 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF DENTISTRY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4502, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO FEES [AND FEE SCHEDULE], DESIGNATED AS REGULATION DOCUMENT NUMBER 4507, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3756 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3758 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PODIATRY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4513, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

PROPOSED AMENDMENT WITHDRAWN

S. 179 (Word version) -- Senators L. Martin and Hembree: A BILL TO AMEND SECTION 61-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ALCOHOLIC LIQUORS, SO AS TO INCLUDE POWDERED OR CRYSTALLINE ALCOHOLS WHEN HYDROLYZED IN THE DEFINITION OF ALCOHOLIC LIQUORS AND TO AMEND SECTION 61-6-4157, RELATING TO THE PROHIBITION TO POSSESS, USE, SELL, OR PURCHASE POWDERED ALCOHOL, SO AS TO INCLUDE BOTH POWDERED AND CRYSTALLINE ALCOHOL WHEN HYDROLYZED.

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

Amendment No. 2

Senator BRYANT proposed the following amendment (179R001.EB.KLB), which was withdrawn:

Amend the bill, as and if amended, page 2, by striking line 43 and inserting:

/   (D)(1)   If the Federal Alcohol and Tobacco Tax and Trade Bureau approves the use, purchase, sale, possession, or manufacturing of powdered alcohol in the United States, this section is repealed within six months of that approval being published on the website of the Federal Alcohol and Tobacco Tax and Trade Bureau.

(2)   The Executive Director of the South Carolina Department of Revenue shall notify the Code Commissioner in writing if the conditions specified in subsection (1) occurs."     /

Renumber sections to conform.

Amend title to conform.

On motion of Senator BRYANT, with unanimous consent, Amendment No. 2 was withdrawn.

Amendment No. 3A

Senators BRYANT and HUTTO proposed the following amendment (JUD0179.005), which was tabled:

Amend the bill, as and if amended, by striking page 2, line 43 and page 3, line 1 in their entirety and inserting the following:

/     (D)   This section is repealed as of June 6, 2016. The South Carolina Department of Revenue and the State Law Enforcement Division may promulgate regulations for the proper administration and enforcement of powdered alcohol, consistent with existing statutes and regulations governing alcoholic liquors in South Carolina."

SECTION 3.   This act takes effect upon approval of the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator LARRY MARTIN spoke in opposition to the amendment.

Senator BRYANT spoke on the amendment.

Senator LARRY MARTIN moved to lay the amendment on the table.

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

Ayes 25; Nays 16

AYES

Alexander                 Bennett                   Campbell
Campsen                   Cleary                    Corbin
Courson                   Cromer                    Fair
Gregory                   Hayes                     Hembree
Leatherman                Lourie                    Martin, Larry
Nicholson                 O'Dell                    Peeler
Reese                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Young

Total--25

NAYS

Allen                     Bright                    Bryant
Coleman                   Davis                     Grooms
Hutto                     Johnson                   Kimpson
Martin, Shane             Massey                    McElveen
Rankin                    Sabb                      Scott
Williams

Total--16

The amendment was laid on the table.

The question then was second reading of the Bill.

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

Ayes 37; Nays 4

AYES

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

Total--37

NAYS

Bright                    Bryant                    Davis
Grooms

Total--4

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

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Georgetown County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
John A. Love, 3827 El Duce Place, Myrtle Beach, SC 29588 VICE Dan Furr

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Dean E. Ford, 205 North Maple Street, Number 4, Simpsonville, SC 29681