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

Tuesday, March 17, 2015
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 reminds us that:

"The earth is the Lord's, and everything in it..."     (Psalm 24:1a)

Friends, let us pray:

Once again, O God, we reflect upon Your creation gift to us here in South Carolina, in this State so blessed with beautiful, rolling hills in the upcountry, with marvelous expanses of farm and forest lands, with our glorious coastal regions. Continue, Lord, to encourage each of these Senators and staff members as they together help bring blessings to the women and men and children of South Carolina by caring for our resources, by being thoughtful and wise stewards. May their actions always reflect their full awareness that Your rich, good earth is given to us in trust. It is in Your wondrous name that we pray this, O Lord. Amen.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

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:
Don L. McLaurin, 13 Water Street, Charleston, SC 29401

Referred to the Committee on Education.

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

Referred to the Committee on Labor, Commerce and Industry.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 4521
Agency: Department of Labor, Licensing and Regulation - Board of Pharmacy
Chapter: 99
Statutory Authority: 1976 Code Sections 40-1-70, 40-43-60(C) and (D)(8), 40-43-150(C) and 40-43-160
SUBJECT: Administrative Citations and Penalties; and Fines
Received by Lieutenant Governor January 23, 2015
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 23, 2015
May 27, 2015 Withdrawn and Resubmitted

Document No. 4524
Agency: South Carolina Criminal Justice Academy
Chapter: 37
Statutory Authority: 1976 Code Sections 23-23-10 et seq.
SUBJECT: Suspension of Certification Due to Criminal Charges and/or Indictment
Received by Lieutenant Governor February 2, 2015
Referred to Judiciary Committee
Legislative Review Expiration June 2, 2015
January 14, 2016 Withdrawn and Resubmitted

Doctor of the Day

Senator O'DELL introduced Dr. Robert Todd of Greenwood, S.C., Doctor of the Day.

Expression of Personal Interest

Senator WILLIAMS rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 428 (Word version)     Sen. Lourie
S. 473 (Word version)     Sen. Sheheen
S. 26 (Word version)     Sen. Young
S. 199 (Word version)     Sens. Setzler, Sabb, Scott, Nicholson, Gregory
S. 381 (Word version)     Sens. Setzler, Cromer

RECALLED

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.

Senator VERDIN asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Agriculture and Natural Resources.

The Senate Resolution was recalled from the Committee on Agriculture and Natural Resources and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 557 (Word version) -- Senators Massey and Young: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE MIDLAND VALLEY HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM ON AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2015 CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

S. 558 (Word version) -- Senator Bright: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DECLARATION OF RIGHTS, BY AMENDING SECTION 3, SO AS TO PROVIDE THAT NO PERSON SHALL BE DEPRIVED OF LIFE WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED THE EQUAL PROTECTION OF THE LAWS, THESE RIGHTS SHALL EXTEND TO BOTH BORN AND PRE-BORN PERSONS BEGINNING AT CONCEPTION.
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Senator BRIGHT spoke on the Joint Resolution.

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

S. 559 (Word version) -- Senators Davis and Campbell: A BILL TO AMEND CHAPTER 55, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CULTIVATION OF INDUSTRIAL HEMP, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "DIVISION" AND "GROWER", AND TO PROVIDE A PROCEDURE TO LICENSE AND REGULATE A PERSON OR BUSINESS THAT ENGAGES IN THE PRODUCTION OF INDUSTRIAL HEMP.
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Senator DAVIS spoke on the Bill.

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

S. 560 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 59-67-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE OBLIGATIONS OF THE STATE TO PROVIDE PUBLIC SCHOOL BUS TRANSPORTATION, SO AS TO REVISE EXISTING REQUIREMENTS BY DECREASING THE RESIDENCE TO SCHOOL DISTANCE IN WHICH NO SUCH OBLIGATION EXISTS, BY RECHARACTERIZING THE OBLIGATION FROM BEING AN OBLIGATION TO TRANSPORT TO BEING AN OBLIGATION TO PROVIDE TRANSPORTATION SERVICES, AND TO MAKE CONFORMING CHANGES, AMONG OTHER THINGS.
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Read the first time and referred to the Committee on Education.

S. 561 (Word version) -- Senators Grooms, Davis and Gregory: A BILL TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57 OF THE 1976 CODE, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, TO INCREASE THE MEMBERSHIP OF THE COMMISSION TO NINE MEMBERS, TO PROVIDE THAT COMMISSIONERS SHALL BE APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE SUBJECT TO SCREENING BY THE JOINT TRANSPORTATION REVIEW COMMITTEE AND THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THAT COMMISSIONERS SHALL BE APPOINTED TO SIX-YEAR TERMS, AND TO CLARIFY THE COMMISSION'S DUTIES AND RESPONSIBILITIES; TO AMEND SECTION 57-1-410, RELATING TO THE APPOINTMENT OF THE SECRETARY OF TRANSPORTATION, TO PROVIDE THAT THE COMMISSION, WITH THE APPROVAL OF THE GOVERNOR, SHALL APPOINT A SECRETARY OF TRANSPORTATION SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 57-1-720(C) AND 57-1-730 TO MAKE TECHNICAL AND CONFORMING AMENDMENTS REFLECTING THE APPOINTMENT OF COMMISSIONERS RATHER THAN ELECTION OF COMMISSIONERS; TO AMEND CHAPTER 6, TITLE 1 OF THE 1976 CODE, RELATING TO THE OFFICE OF INSPECTOR GENERAL, TO ESTABLISH A DIVISION WITHIN THE OFFICE OF INSPECTOR GENERAL THAT IS RESPONSIBLE FOR THE INTERNAL AUDIT FUNCTION OF THE DEPARTMENT OF TRANSPORTATION; AND TO REPEAL SECTION 57-1-460 AND 57-1-740.
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Read the first time and referred to the Committee on Transportation.

S. 562 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PAGELAND ELEMENTARY SCHOOL NO HOMEWORK ACT"; BY ADDING SECTION 59-1-600 SO AS TO ENCOURAGE THE PROHIBITION ON THE ASSIGNING OF HOMEWORK TO THE STUDENTS OF PAGELAND ELEMENTARY SCHOOL UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Education.

S. 563 (Word version) -- Senator Sheheen: A BILL TO AMEND ARTICLE 11, CHAPTER 9, TITLE 11 OF THE 1976 CODE, RELATING TO THE REVENUE AND FISCAL AFFAIRS OFFICE, TO PROVIDE FOR MEMBERSHIP ON THE GOVERNING BOARD OF THE REVENUE AND FISCAL AFFAIRS OFFICE, TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE OFFICE, TO CLARIFY THAT MEMBERSHIP ON THE BOARD OF ECONOMIC ADVISORS INCLUDES MEMBERS OF THE REVENUE AND FISCAL AFFAIRS OFFICE; TO AMEND SECTION 11-9-820 TO CONFORM MEMBERSHIP ON THE BOARD OF ECONOMIC ADVISORS WITH THE MEMBERSHIP ON THE BOARD GOVERNING THE REVENUE AND FISCAL AFFAIRS OFFICE; TO AMEND SECTIONS 11-9-825 THROUGH 11-9-840 TO MAKE TECHNICAL AND CONFORMING AMENDMENTS RELATED TO MONTHLY REVENUE ANALYSES ADVICE CONCERNING ECONOMIC TRENDS, AND REVENUE FORECASTS; TO AMEND SECTION 11-9-880(A) TO MODIFY THE DATES BY WHICH THE BOARD OF ECONOMIC ADVISORS MUST MAKE INITIAL AND ADJUSTED ECONOMIC FORECASTS AND REVENUE PROJECTIONS; TO AMEND SECTION 11-9-890 TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 2-7-71 TO PROVIDE THAT THE EXECUTIVE DIRECTOR, OR HIS DESIGNEE, MUST CERTIFY REVENUE IMPACT STATEMENTS; TO AMEND SECTION 2-7-73, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MUST CONDUCT AND SIGN A FINANCIAL IMPACT ANALYSIS ON CERTAIN BILLS RELATED TO HEALTH INSURANCE; TO AMEND SECTION 2-7-78 TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE REVENUE AND FISCAL AFFAIRS OFFICE, OR HIS DESIGNEE, MUST CERTIFY REVENUE IMPACT STATEMENTS RELATED TO CERTAIN AMENDMENTS TO THE ANNUAL APPROPRIATIONS ACT; TO AMEND SECTION 4-10-790, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL FURNISH DATA TO THE STATE TREASURER AND TO THE APPLICABLE POLITICAL SUBDIVISIONS RECEIVING REVENUES FOR THE PURPOSE OF CALCULATING DISTRIBUTIONS AND ESTIMATING REVENUES AND TO PROVIDE THAT THE OFFICE SHALL ASSIST POLITICAL SUBDIVISIONS; TO AMEND SECTION 6-1-50, TO PROVIDE THAT MUNICIPALITIES RECEIVING REVENUE FROM STATE AID MUST SUBMIT FINANCIAL REPORTS TO THE REVENUE AND FISCAL AFFAIRS OFFICE BY MARCH FIFTEENTH, AND TO PROVIDE THAT NOTICE OF LATE REPORTS MUST BE MADE TO THE STATE TREASURER; TO AMEND SECTION 23-47-65, TO PROVIDE THAT THE DIRECTOR OF THE REVENUE AND FISCAL AFFAIRS OFFICE SHALL APPOINT A MEMBER TO THE 911 ADVISORY COMMITTEE; TO AMEND SECTION 44-6-170(A), (B), AND (H), TO PROVIDE THAT THE REVENUE AND FISCAL AFFAIRS OFFICE IS THE PROPER ENTITY FOR ENFORCEMENT IF A PROVIDER FAILS TO SUBMIT HEALTH CARE DATA, AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS; AND TO REPEAL SECTION 1-11-360 AND SECTION 2-7-62.
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Read the first time and referred to the Committee on Finance.

S. 564 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8, DESIGNATED AS REGULATION DOCUMENT NUMBER 4476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 565 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DEFINED PROGRAM, GRADES 9-12 AND GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4477, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 566 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4478, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 567 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ADULT EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4491, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 568 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROCEDURES AND STANDARDS FOR REVIEW OF CHARTER SCHOOL APPLICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4494, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 569 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROGRAM FOR ASSISTING, DEVELOPING, AND EVALUATING PRINCIPAL PERFORMANCE (PADEPP), DESIGNATED AS REGULATION DOCUMENT NUMBER 4495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 570 (Word version) -- Senator Bright: A BILL TO AMEND CHAPTER 11, TITLE 10 OF THE 1976 CODE, RELATING TO TRESPASSES AND OFFENSES OF PUBLIC BUILDINGS AND PROPERTY, BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY ACT OF 2015"; TO AMEND SECTION 10-11-320, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM, SO AS TO DELETE THE TERM "CONCEALABLE WEAPONS PERMIT" AND REPLACE IT WITH THE TERM "FIREARM"; TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO DELETE REFERENCES TO A CONCEALED WEAPONS PERMIT ISSUED TO A PERSON, TO REVISE THE PROVISION THAT ALLOWS A HANDGUN TO BE CARRIED BY A PERSON IN A VEHICLE, AND TO PROVIDE THAT CERTAIN PERSONS WHO ARE AT LEAST TWENTY-ONE YEARS OF AGE MAY CARRY A HANDGUN UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 16-23-420 AND 16-23-430, BOTH RELATING TO THE POSSESSION OF A FIREARM ON SCHOOL PROPERTY, SO AS TO DELETE REFERENCES TO CONCEALED WEAPONS PERMITS, AND TO PROVIDE THAT BOTH SECTIONS DO NOT APPLY TO A PERSON WHO LAWFULLY IS CARRYING A WEAPON; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HANDGUNS; TO AMEND SECTION 51-3-145, RELATING TO CERTAIN ACTS THAT ARE UNLAWFUL IN A STATE PARK, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPONS PERMIT, SO AS TO PROVIDE AN EXCEPTION TO THE PROVISION THAT PROHIBITS THE CARRYING OF A CONCEALABLE WEAPON ONTO CERTAIN PREMISES, TO DELETE THE PROVISION THAT PROVIDES FOR THE REVOCATION OF A PERSON'S PERMIT WHEN HE VIOLATES CERTAIN PROVISIONS CONTAINED IN THIS SECTION, AND TO REVISE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO CARRY A CONCEALED WEAPON WITHOUT A PERMIT; TO AMEND SECTIONS 23-31-220 AND 23-31-225, BOTH RELATING TO A PROPERTY OWNER'S RIGHT TO ALLOW A HOLDER OF A CONCEALED WEAPON PERMIT TO CARRY A WEAPON ONTO HIS PROPERTY, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THIS PROVISION REGULATES BOTH PERSONS WHO POSSESS AND DO NOT POSSESS A WEAPONS PERMIT, AND TO DELETE THE PROVISION THAT REQUIRES THE REVOCATION OF A PERMIT FOR A VIOLATION OF CERTAIN PROVISIONS OF LAW, AND TO DELETE A REFERENCE TO THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF CONCEALED WEAPONS PERMITS; AND TO AMEND SECTION 23-31-240, RELATING TO PERSONS WHO ARE ALLOWED TO CARRY A CONCEALED WEAPON WHILE ON DUTY, SO AS TO DELETE THE PROVISION THAT REQUIRES THESE PERSONS TO POSSESS A CONCEALED WEAPON PERMIT.
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Senator BRIGHT spoke on the Bill.

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

S. 571 (Word version) -- Senators Hutto, Shealy and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-310 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH THE MATERNAL MORBIDITY AND MORTALITY REVIEW COMMITTEE TO REVIEW AND STUDY MATERNAL DEATHS AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Medical Affairs.

REPORTS OF STANDING COMMITTEES

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

S. 276 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-135 SO AS TO REQUIRE APPLICANTS APPLYING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR LICENSURE AS A RESIDENTIAL BUILDER OR REGISTRATION AS A RESIDENTIAL SPECIALTY CONTRACTOR TO DISCLOSE AND DESCRIBE ANY CRIMINAL CONVICTIONS, EXCEPT FOR MINOR TRAFFIC VIOLATIONS, ON HIS APPLICATION, TO PROVIDE THE COMMISSION SHALL REQUIRE AN APPLICANT FOR INITIAL LICENSURE TO SUBMIT TO A FINGERPRINT-BASED CRIMINAL BACKGROUND CHECK IN THIS STATE AND IN ANY STATE WHERE HE DISCLOSES HAVING A CONVICTION, TO PROVIDE SIMILAR REQUIREMENTS FOR APPLICANTS SEEKING RENEWALS, TO IMPOSE RELATED ADMINISTRATIVE REQUIREMENTS ON THE COMMISSION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE AN ADDITIONAL PENALTY FOR FAILING TO DISCLOSE CONVICTIONS REQUIRING REGISTRATION AS A SEX OFFENDER.

Ordered for consideration tomorrow.

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

S. 407 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 41-27-265(A) AND (B) OF THE 1976 CODE, RELATING TO THE CORPORATE OFFICERS EXEMPTION FROM UNEMPLOYMENT BENEFITS ABSENT EMPLOYER ELECTION, TO PROVIDE THAT CORPORATE OFFICERS ARE ELIGIBLE FOR UNEMPLOYMENT BENEFITS UNLESS THE CORPORATION ELECTS TO OPT OUT OF THE COVERAGE AND TO PROVIDE FOR THE OPT OUT PROCESS, TO PROVIDE THAT THE SECTION ALSO APPLIES TO INDIVIDUALS WHO OWN TWENTY-FIVE PERCENT OR MORE STOCK IN A CORPORATION OR OTHERWISE EXERCISE AN OWNERSHIP INTEREST IN A CORPORATION, TO PROVIDE THAT PERSONS WITH A TWENTY-FIVE PERCENT OWNERSHIP INTEREST IN ANY OTHER BUSINESS ENTITY FORMED UNDER THE LAWS OF THIS STATE ARE ELIGIBLE FOR UNEMPLOYMENT BENEFITS UNLESS THE BUSINESS ENTITY ELECTS TO OPT OUT OF THE COVERAGE; TO AMEND CHAPTER 41, TITLE 41 TO INCREASE PENALTIES FOR VIOLATIONS OF PROVISIONS CONTAINED IN CHAPTERS 27 THROUGH 41 OF TITLE 41 AND TO DEFINE NECESSARY TERMS.

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

S. 437 (Word version) -- Senators Campsen, Reese, Gregory, Hutto, Cleary, Campbell, Cromer, Young, Bryant, Williams, Bennett, Johnson, Hembree, O'Dell, Davis, Fair, Hayes and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO ENACT THE "JAMES B. EDWARDS CIVICS EDUCATION INITIATIVE" TO REQUIRE ALL STUDENTS OF PUBLIC OR CHARTER SCHOOLS OR PERSONS PURSUING A GENERAL EDUCATIONAL DEVELOPMENT CERTIFICATE IN THIS STATE TO TAKE THE UNITED STATES CITIZENSHIP CIVICS TEST PRODUCED BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, TO DIRECT SCHOOL DISTRICTS TO AWARD A CERTIFICATE OF ACHIEVEMENT TO ALL STUDENTS WHO RECEIVE A GRADE OF 60 OR BETTER ON THE TEST, AND TO DIRECT THE RESPECTIVE SCHOOLS TO REPORT RESULTS TO THE SOUTH CAROLINA EDUCATION OVERSIGHT COMMITTEE FOR INCLUSION IN THE REPORT CARD FOR EACH SCHOOL, AS APPLICABLE.

Ordered for consideration tomorrow.

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

S. 458 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-9-55(C) OF THE 1976 CODE, RELATING TO THE ENFORCEMENT DATE OF SECTION 501.3 OF THE 2012 INTERNATIONAL RESIDENTIAL CODE, TO PROVIDE THAT THE ENFORCEMENT DATE IS CHANGED TO JULY 1, 2016 FROM JULY 1, 2015.

Ordered for consideration tomorrow.

Senator BRYANT from the Committee on Invitations polled out S. 507 favorable:

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

Poll of the Invitations Committee
Polled 11; Ayes 10; Nays 0; Not Voting 1

AYES

Bryant                    Alexander                 Reese
Verdin                    Campsen                   Cromer
Cleary                    Johnson                   Kimpson
McElveen

Total--10

NAYS

Total--0
NOT VOTING

Malloy

Total--1

Ordered for consideration tomorrow.

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

H. 3323 (Word version) -- Reps. V.S. Moss, Ott, Hiott, Hixon and Jefferson: A BILL TO AMEND CHAPTER 23, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA NOXIOUS WEED ACT" SO AS TO DELETE THE TERM "COMMISSIONER" AND REPLACE IT WITH THE TERM "COMMISSION", TO REVISE THE DEFINITION OF THE TERMS "COMMISSION", "AUTHORIZED INSPECTOR", AND "NOXIOUS WEED", TO PROVIDE A DEFINITION FOR THE TERM "DIRECTOR", TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE" AND REPLACE IT WITH THE TERM "DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY"; AND TO ESTABLISH THE POWERS AND DUTIES OF THE STATE CROP PEST COMMISSION AND THE DIRECTOR OF THE REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY.

Senator BRYANT from the Committee on Invitations polled out H. 3690 favorable:

H. 3690 (Word version) -- Rep. J.E. Smith: A CONCURRENT RESOLUTION TO APPLAUD THE COMMITMENT GIRL SCOUTING HAS MADE TO SUPPORT THE CONTINUED ADVANCEMENT OF GIRLS IN THEIR ROLES AS LEADERS IN SOUTH CAROLINA AND DECLARE MARCH 12, 2015, GIRL SCOUT DAY IN THE PALMETTO STATE.

Poll of the Invitations Committee
Polled 11; Ayes 10; Nays 0; Not Voting 1

AYES

Bryant                    Alexander                 Reese
Verdin                    Campsen                   Cromer
Cleary                    Johnson                   Kimpson
McElveen

Total--10

NAYS

Total--0

NOT VOTING

Malloy

Total--1

Ordered for consideration tomorrow.

Senator BRYANT from the Committee on Invitations polled out H. 3711 favorable:

H. 3711 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 12, 2015, FROM 11:30 A.M. TO 1:00 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

Poll of the Invitations Committee
Polled 11; Ayes 10; Nays 0; Not Voting 1

AYES

Bryant                    Alexander                 Reese
Verdin                    Campsen                   Cromer
Cleary                    Johnson                   Kimpson
McElveen

Total--10

NAYS

Total--0

NOT VOTING

Malloy

Total--1

Ordered for consideration tomorrow.

Appointments Reported

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

Statewide Appointments

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2012, and to expire June 30, 2016
At-Large:
William H. Dill, 830 Antrim Oake Court, Loris, SC 29569 VICE Caleb L. Davis, Jr.

Received as information.

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2014, and to expire June 30, 2018
6th Congressional District:
Monte A. Lemmon, 117 Lake Dogwood Circle South, Eastover, SC 29044 VICE Bryan H. Dowd (vacated due to redistricting)

Received as information.

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2014, and to expire June 30, 2018
5th Congressional District:
Christy B. Rhyne, 329 Clarendon Estates Drive, Clover, SC 29710 VICE Derrick G. Williams

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following 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. 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.

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.

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.

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.

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.

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.

READ THE THIRD TIME
SENT TO THE HOUSE

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

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.

S. 167 (Word version) -- Senators Turner, Campbell and Corbin: 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.

Senator CAMPBELL spoke on the Bill.

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

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.

S. 361 (Word version) -- Senators Hayes, Cromer, Shealy, Scott and Alexander: 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.

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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill.

The Committee on Judiciary proposed the following amendment (JUD0374.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 11 through 18 in the title and inserting therein the following:

/     TO AMEND SECTION 2-20-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S PROCESS OF SCREENING NONJUDICIAL CANDIDATES, SO AS TO ELIMINATE THE REQUIREMENT THAT THE HEARING BE CONDUCTED NO LATER THAN TWO WEEKS PRIOR TO THE DATE SET FOR THE ELECTION, TO PROVIDE THAT CANDIDATES MAY NOT OBTAIN PLEDGES OR COMMITMENTS UNTIL THE TWELFTH DAY AFTER THE NAMES OF THE NOMINEES HAVE BEEN RELEASED, AND TO REQUIRE THAT A PERIOD OF TWENTY-TWO DAYS ELAPSE BETWEEN THE DATE THE REPORT OF NOMINATIONS IS RELEASED AND THE TIME SET FOR THE ELECTION.     /

Amend the bill further, as and if amended, page 2, by striking line 8, in Section 2-20-30, as contained in SECTION 1, and inserting therein the following:

/     names of the nominees found qualified have been released in a report to members     /

Amend the bill further, as and if amended, page 2, by striking line 24, in SECTION 2, and inserting therein the following:

/     SECTION   2.   This act takes effect and applies to elections taking place after July 1, 2015.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

The question then was second reading of the Bill.

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

Ayes 41; Nays 0

AYES

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

Total--41

NAYS

Total--0

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill.

The Committee on Judiciary proposed the following amendment (JUD0436.002), which was adopted:

Amend the bill, as and if amended, page 1, lines 11 through 21, of the title and inserting therein the following:

/     TO AMEND SECTION 2-19-70(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR SEEKING OR GIVING A PLEDGE, SO AS TO PROVIDE THAT PLEDGES FOR JUDICIAL CANDIDATES MAY NOT BE DIRECTLY OR INDIRECTLY SOUGHT OR GIVEN UNTIL TWELVE DAYS, RATHER THAN FORTY-EIGHT HOURS, AFTER THE INITIAL RELEASE OF THE REPORT CONCERNING NOMINEES TO MEMBERS OF THE GENERAL ASSEMBLY; AND TO AMEND SECTION 2-19-80(E), RELATING TO THE TIME BETWEEN THE RELEASE OF THE COMMISSION'S REPORT ON NOMINATIONS TO THE GENERAL ASSEMBLY AND THE ELECTION OF JUDGESHIPS, SO AS TO PROVIDE THAT THERE BE A PERIOD OF AT LEAST TWENTY-TWO DAYS, RATHER THAN TWO WEEKS, AFTER THE TIME THE REPORT IS PRINTED IN THE JOURNALS AND THE TIME OF THE ELECTION.     /

Amend the bill further, as and if amended, page 2, by striking line 21, in SECTION 3, and inserting therein the following:

/     SECTION   3.   This act takes effect and applies to elections taking place after July 1, 2015.     /

Renumber sections to conform.

Amend title to conform.

The question then was second reading of the Bill.

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

Ayes 39; Nays 0

AYES

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

Total--39

NAYS

Total--0

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

READ THE SECOND TIME

S. 555 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4510, 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 then was second reading of the Joint Resolution.

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

Ayes 38; Nays 1

AYES

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

Total--38

NAYS

Bryant

Total--1

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

AMENDED, CARRIED OVER

S. 454 (Word version) -- Senators Campsen and Turner: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES, TO PROVIDE THAT A PERSON MUST HAVE IMMEDIATE ACCESS AND AUTHORIZATION TO UTILIZE DEER QUOTA TAGS TO HUNT ON PROPERTY WITH A DEER QUOTA PROGRAM PERMIT, TO PROVIDE FOR THE DEER QUOTA PROGRAM AND REQUIREMENTS FOR APPLICATION THERETO, TO PROVIDE THAT A PERSON MUST POSSESS A SET OF INDIVIDUAL DEER TAGS FROM THE DEPARTMENT TO HUNT ON PROPERTY WITHOUT A DEER QUOTA PROGRAM PERMIT, TO SET THE DEER TAG FEES FOR IN AND OUT-OF-STATE RESIDENTS; TO AMEND SECTION 50-9-920(B)(6) OF THE 1976 CODE, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, TO SUBSTITUTE DEER QUOTA PROGRAM PERMIT FOR ANTLERLESS DEER QUOTA PERMIT; TO AMEND SECTION 50-9-920(B)(7) OF THE 1976 CODE, TO REMOVE "ANTLERLESS" AND SUBSTITUTE "INDIVIDUAL"; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE FOR THE BAG LIMITS FOR ANTLERED AND ANTLERLESS DEER, AND THE LIMIT FOR DEER ON PROPERTY ENROLLED IN THE DEER QUOTA PROGRAM, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE MORE THAN THE LEGAL LIMIT OF DEER, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE DEER TAGS AND TO PROVIDE FOR THE CIRCUMSTANCES SURROUNDING THE VALIDITY OF SUCH TAGS, TO PROVIDE THAT ALL DEER TAKEN MUST BE TAGGED, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO POSSESS, MOVE, OR TRANSPORT AN UNTAGGED DEER, TO POSSESS MORE THAN ONE SET OF DEER TAGS OR TAGS ISSUED IN ANOTHER'S NAME, AND TO ALTER A DEER TAG FOR FRAUDULENT OR UNLAWFUL PURPOSES, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-11-390 OF THE 1976 CODE, RELATING TO DEPARTMENTAL AUTHORITY OVER GAME ZONES, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE NECESSARY REGULATIONS RELATED TO THE TAKING OF DEER; AND TO REPEAL SECTION 50-11-335 OF THE 1976 CODE.

Motion under Rule 26B

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

There was no objection.

Senators YOUNG and CAMPSEN proposed the following amendment (454R002.KG.TRY), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 43, and page 3, by striking lines 1-11, and inserting:

/   (2)   Individual antlered and antlerless deer tag fees shall be:

(a)   fifteen dollars for a combined set of four antlered and four antlerless tags for in-state residents;

(b)   thirty dollars for the first purchased tag for out-of-state residents, and ten dollars for each purchased tag thereafter;

(c)   no cost for persons under the age of sixteen and gratis licensees, pursuant to Section 50-9-530."   /

Renumber sections to conform.

Amend title to conform.

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

AMENDED, CARRIED OVER

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

The Senate proceeded to a consideration of the Bill.

Senator HEMBREE proposed the following amendment (199R001.LS.GH), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 25-43 and page 3, by striking lines 1-13, and inserting:

/     (1)   'Highway work zone' means an area of a roadway, bridge, shoulder, median, or associated right-of-way, where construction, maintenance, utility work, accident response, or other incident response is being performed. The work zone must be marked by signs, channeling devices, barriers, pavement markings, or work vehicles, and extends from the first traffic control device erected for purposes of controlling the flow of motor vehicles through the work zone, including signs reducing the normal speed limit, to the 'END ROAD WORK' sign or the last temporary traffic control device. The signs, channeling devices, barriers, pavement markings, or work vehicles must meet state and federal Department of Transportation standards and must be properly installed.

(2)   'Highway worker' means a person who is required to perform work in highway work zones, including:

(a)   a person who performs maintenance, repair, or construction;

(b)   a person who operates a truck, loader, or other equipment;

(c)   a person who performs any other related maintenance work, as required;

(d)   a public safety officer who enforces work zone-related transportation management or traffic control;

(e)   a law enforcement officer who conducts traffic control or enforcement operations; and

(f)   an officer or firefighter, an emergency medical services provider, or any other authorized person, who removes hazards or who responds to accidents and other incidents.     /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE explained the amendment.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

S. 381 (Word version) -- Senators Shealy, Bright, Turner, Johnson, Young, Jackson, Grooms, Sabb, Thurmond, Massey, Allen, Sheheen, Davis, Hembree, L. Martin, Bryant, Peeler, Alexander, Lourie, Setzler and Cromer: 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.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (DKA\381C002.DKA.SA15), which was adopted:

Amend the bill, as and if amended, by striking Section 8-11-620, SECTION 1, and inserting:

/   "Section 8-11-620.   (A)(1)   Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but this combination may not exceed forty-five days in a calendar year except as provided in Section 8-11-610. If an employee dies, the employee's legal representative is entitled to a lump-sum payment for the employee's unused leave, not to exceed forty-five working days, except as provided in Section 8-11-610. An active member of the South Carolina Retirement System or South Carolina Police Officers Retirement System who is terminated within one year of retirement eligibility shall have five business days after the date of termination to purchase any service credit that the member is otherwise eligible to purchase as provided in Section 9-1-1140 or Section 9-11-50 in order to attain retirement eligibility." /

Amend the bill further by adding appropriately numbered SECTIONS to read:

/   SECTION   __.   Section 9-1-1140 of the 1976 Code, as last amended by Act 278 of 2012, is further amended by adding a subsection at the end to read:

"(O)   An active member who is terminated within one year of retirement eligibility shall have five business days after the date of termination to purchase any service credit that the member is otherwise eligible to purchase under this section."

SECTION   __.   Section 9-11-50 of the 1976 Code, as last amended by Act 278 of 2012, is further amended by adding a subsection at the end to read:

"(O)   An active member who is terminated within one year of retirement eligibility shall have five business days after the date of termination to purchase any service credit that the member is otherwise eligible to purchase under this section." /

Renumber sections to conform.

Amend title to conform.

On motion of Senator BRYANT, the Bill 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.

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

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.

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

ADOPTED

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

On motion of Senator BRYANT, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

The Concurrent Resolution was adopted and sent to the House.

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.

The Concurrent Resolution was adopted and returned to the House.

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

MADE SPECIAL ORDER

S. 229 (Word version) -- Senators Campbell and Turner: A BILL TO AMEND SECTION 48-1-90 OF THE 1976 CODE, RELATING TO REMEDIES FOR CAUSING OR PERMITTING POLLUTION OF THE ENVIRONMENT, TO CLARIFY THAT PERSONS WHO MAY FILE A PETITION WITH THE DEPARTMENT DOES NOT INCLUDE A DEPARTMENT, AGENCY, COMMISSION, DEPARTMENT, OR POLITICAL SUBDIVISION OF THE STATE, AND TO PROVIDE FOR DEPARTMENT DECISIONS THAT ARE NOT SUBJECT TO JUDICIAL REVIEW IN A CIVIL PROCEEDING; TO AMEND SECTION 6 OF ACT 198 OF 2012, RELATING TO THE SAVINGS CLAUSE, TO PROVIDE THAT THE SAVINGS CLAUSE OF ACT 198 APPLIES ONLY TO CASES FILED BEFORE JUNE 6, 2012, AND ANY FEDERAL PROJECT FOR WHICH A FINAL ENVIRONMENTAL IMPACT STATEMENT WAS ISSUED PRIOR TO JUNE 6, 2012, BUT NO RECORD OF DECISION WAS ISSUED PRIOR TO JUNE 6, 2012.
Senator CROMER moved that the Bill be set for Special Order.

Senator DAVIS argued in favor of the motion.
Senator JOHNSON argued in opposition of the motion.
Senator HUTTO argued in opposition of the motion.

The Bill was made a Special Order.

MOTION ADOPTED

At 1:39 P.M., on motion of Senator GROOMS, the Senate agreed to dispense with the balance of the Motion Period.

Motion Adopted

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

MOTION ADOPTED

On motion of Senators SHEHEEN, BRYANT and COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Rainey of Camden, S.C. Mr. Rainey was an attorney, political activist, former Santee Cooper Board chairman and former chairman of the Board of Economic Advisors. John was a loving husband and devoted father who will be dearly missed.

ADJOURNMENT

At 1:40 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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