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

Tuesday, June 26, 2012
(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:

Once again we turn to the Psalmist, who tells us:

"Because you are my help, I sing in the shadow of your wings. My soul clings to you; your right hand upholds me."     (Psalm 63:7-8)

Please, join me as we pray:

Gracious Lord, here in this Senate Chamber we boldly confess that we are at one of those junctures when we pointedly renew our call for your help, your guidance, and your blessing upon this body. In the midst of significant challenges, may each of these Senators find himself comforted by your presence, and may they join together and boldly move forward -- removing road-blocks and accomplishing good -- knowing in their hearts and minds that your gracious Spirit upholds them. And allow us all to sing once more "in the shadow of your wings." In your gracious name we pray, Lord.
Amen.

Point of Quorum

At 12:02 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Cromer
Davis                     Elliott                   Fair
Grooms                    Hutto                     Knotts
Leventis                  Martin, Larry             Martin, Shane
Massey                    Matthews                  O'Dell
Peeler                    Scott                     Setzler
Sheheen                   Verdin

A quorum being present, the Senate resumed.

Recorded Presence

Senators LAND, LOURIE, MALLOYand NICHOLSON recorded their presence subsequent to the Call of the Senate.

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

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Statement by the PRESIDENT Pro Tempore

Senator FAIR received a unanimous consent request for a Leave of Absence for Wednesday, Thursday and Friday, June 27-29, to attend a NCSL Education meeting to represent our Senate Education Committee and our State Senate. Senator FAIR accepted my invitation to represent us several weeks ago when this extended session was not foreseen.

Doctor of the Day

Senator VERDIN introduced Dr. Wendell James III of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator HUTTO, at 12:05 P.M., Senator RYBERG was granted a leave of absence for today.

Leave of Absence

On motion of Senator HAYES, at 12:05 P.M., Senator THOMAS was granted a leave of absence for today.

Leave of Absence

At 3:55 P.M., Senator CROMER requested a leave of absence from 4:00 - 9:00 P.M. this evening.

RECESS

At 12:21 P.M., on motion of Senator COURSON, the Senate receded from business until 1:00 P.M.

At 1:14 P.M., the Senate resumed.

Call of the Senate

At 1:14 P.M., Senator COURSON moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campbell                  Cleary                    Coleman
Courson                   Cromer                    Davis
Elliott                   Fair                      Gregory
Grooms                    Hayes                     Jackson
Knotts                    Leatherman                Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 Peeler                    Reese
Scott                     Setzler                   Sheheen
Williams

A quorum being present, the Senate resumed.

Recorded Presence

Senators BRIGHT, HUTTO, LAND, CAMPSEN, VERDIN, O'DELL and FORD recorded their presence subsequent to the Call of the Senate.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 5410, THE SINE DIE RESOLUTION.

AMENDED AND ADOPTED

H. 5410 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2012, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON TUESDAY, JUNE 19, 2012, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 21, 2012, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN MONDAY, NOVEMBER 12, 2012, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Objection

Senator PEELER asked unanimous consent to make a motion to take Amendment No. 10 up for immediate consideration.

Senator LEVENTIS objected.

Amendment No. P1-1A

Senator HUTTO proposed the following amendment (5410MW34), which was subsequently withdrawn:

Amend the amendment with the document path "5410R011.rwh", as and if amended, by striking the amendment in its entirety and inserting:

/ (7)   receipt, consideration, and confirmation of magistrate appointments; and

(8) House concurrence in H. 3508.   /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the amendment.

Objection

With Senator MALLOY retaining the floor, Senator PEELER asked unanimous consent to make a motion to take Amendment No. 10 up for immediate consideration.

Senator BRIGHT objected.

Senator MALLOY spoke on the amendment.

Objection

With Senator MALLOY retaining the floor, Senator PEELER asked unanimous consent to make a motion to take Amendment No. 10 up for immediate consideration.

Senator BRIGHT objected.

Senator MALLOY spoke on the amendment.

Objection

With Senator MALLOY retaining the floor, Senator MALLOY asked unanimous consent to make a motion to take Amendment No. 10 up for immediate consideration on an uncontested basis.

Senator LEVENTIS objected.

With Senator MALLOY retaining the floor, Senator MALLOY asked unanimous consent to make a motion to take Amendment No. 10 up for immediate consideration

There was no objection.

Amendment No. 10

Senators COURSON, RANKIN and KNOTTS proposed the following amendment (JUD5410.003), which was adopted:

Amend the concurrent resolution, as and if amended, by striking lines 29-33 on page 2 and inserting:

/   p.m. on June 7, 2012; and

(8)   convening of a joint assembly to conduct elections for offices or vacancies in any offices filled by election of the General Assembly.   /

To further amend the concurrent resolution, as and if amended, by striking lines 19-21 on page 3 and inserting:

/   Assembly;

(7)   receipt, consideration, and confirmation of magistrate appointments; and

(8) concurrence or nonconcurrence in H. 3508, provided that this item shall expire at 5:00 p.m. on June 27, 2012.   /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS spoke on the amendment.

Expression of Personal Interest

With Senator LEVENTIS retaining the floor, Senator LAND, with unanimous consent, rose for an Expression of Personal Interest.

  Expression of Personal Interest

With Senator LEVENTIS retaining the floor, Senator LOURIE, with unanimous consent, rose for an Expression of Personal Interest.

  Expression of Personal Interest

With Senator LEVENTIS retaining the floor, Senator CAMPSEN, with unanimous consent, rose for an Expression of Personal Interest.

Senator LEVENTIS resumed speaking on Amendment No. 10.

The question then was the adoption of Amendment No. 10.

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

Ayes 34; Nays 3

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Martin, Larry             Martin, Shane
Massey                    Matthews                  Nicholson
O'Dell                    Peeler                    Reese
Scott                     Setzler                   Sheheen
Verdin

Total--34

NAYS

Elliott                   Leventis                  Malloy

Total--3

The amendment was adopted.

The Senate resumed consideration of Amendment No. P1-1A.

Senator MALLOY was recognized to resume speaking on the amendment.

Objection

With Senator MALLOY retaining the floor, Senator CAMPSEN asked unanimous consent to make a motion to take up Amendment No. 11 for immediate consideration.

Senator MALLOY objected.

  Expression of Personal Interest

With Senator MALLOY retaining the floor, Senator LARRY MARTIN, with unanimous consent, rose for an Expression of Personal Interest.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, Senators LAND, VERDIN and LEATHERMAN were granted leave to attend a meeting of the Committee of Conference on H. 4813.

  OBJECTION

At 3:52 P.M., with Senator MALLOY retaining the floor, Senator LARRY MARTIN asked unanimous consent to make a motion that the Senate recede from business until 4:15 P.M.

Senator BRIGHT objected.

Senator MALLOY resumed speaking on the amendment.

OBJECTION

At 3:56 P.M., with Senator MALLOY retaining the floor, Senator MALLOY asked unanimous consent to make a motion that the Senate recede from business for fifteen minutes.

Senator SHANE MARTIN objected.

Senator MALLOY resumed speaking on the amendment.

RECESS

At 4:17 P.M., with Senator MALLOY retaining the floor, Senator MALLOY asked unanimous consent to make a motion that the Senate recede subject to the Call of the Chair.

There was no objection and the Senate receded from business subject to the Call of the Chair.

At 4:50 P.M, the Senate resumed.

With Senator MALLOY retaining the floor, Senator COURSON asked unanimous consent to take up Amendment No. 6A for immediate consideration, withdrawing the perfecting amendments to Amendment No. 6A.

There was no objection.

Amendment No. 6A

Senator BRYANT proposed the following amendment (5410R006.KLB), which was not adopted:

Amend the concurrent resolution, as and if amended, page 3, by striking lines 19-21 and inserting:

/   Assembly;

(7)   receipt, consideration, and confirmation of magistrate appointments; and

(8)   receipt and consideration of S. 1409, concurrence and nonconcurrence and amendments to this bill returned from the other house, and the appointment of members to conference and free conference committees and receipt, consideration, and disposition of conference and free conference reports on the matters identified in this item.     /

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

The question then was the adoption of the amendment.

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

Ayes 3; Nays 29

AYES

Bright                    Bryant                    Knotts

Total--3

NAYS

Alexander                 Anderson                  Campbell
Campsen                   Cleary                    Courson
Davis                     Elliott                   Fair
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Williams

Total--29

Amendment No. 6A was not adopted.

With Senator MALLOY retaining the floor, Senator COURSON asked unanimous consent to take up Amendment No. 1B for immediate consideration, withdrawing the perfecting amendments to Amendment No. 1B.

There was no objection.

Amendment No. 1B

Senator HAYES proposed the following Amendment No. 1B (NBD\12787DG12), which was adopted:

Amend the concurrent resolution, as and if amended, by adding an appropriately numbered item to subsection (C) to read:

/   ( )   concurrence or nonconcurrence in S. 1419.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The question then was the adoption of the amendment.

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

Ayes 32; Nays 1

AYES

Alexander                 Anderson                  Bright
Campbell                  Campsen                   Cleary
Courson                   Davis                     Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Williams

Total--32

NAYS

Bryant

Total--1

The amendment was adopted.

With Senator MALLOY retaining the floor, Senator COURSON asked unanimous consent to take up Amendment No. 11A for immediate consideration, withdrawing the perfecting amendments to Amendment No. 11A.

Amendment No. 11A

Senators CAMPSEN and LARRY MARTIN proposed the following amendment (5410R016.GEC), which was adopted:

Amend the joint resolution, as and if amended, page 3, after line 21 by adding an appropriately numbered new item to read:

/   ( )   concurrence or nonconcurrence in H. 4494.       /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

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

Ayes 31; Nays 0; Present 1

AYES

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Cleary
Courson                   Davis                     Elliott
Fair                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  Nicholson
O'Dell                    Peeler                    Reese
Scott                     Setzler                   Sheheen
Williams

Total--31

NAYS

Total--0

PRESENT

Anderson

Total--1

Amendment No. 11A was adopted.

With Senator MALLOY retaining the floor, Senator COURSON asked unanimous consent to take up Amendment No. 9 for immediate consideration, withdrawing the perfecting amendments to Amendment No. 9.

Amendment No. 9

Senator LARRY MARTIN proposed the following Amendment No. 9 (5410R012.LAM), which was adopted:

Amend the concurrent resolution, as and if amended, page 3, after line 21 by inserting an appropriately numbered new item to read:

"( )   granting of free conference powers and the consideration of a free conference report on S. 45."

Renumber sections to conform.

Amend title to conform.

The question then was the adoption of Amendment No. 9.

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

Ayes 32; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Courson                   Davis
Elliott                   Fair                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Williams

Total--32

NAYS

Total--0

The amendment was adopted.

With Senator MALLOY retaining the floor, Senator SETZLER asked unanimous consent to take up Amendment No. 8 for immediate consideration, withdrawing the perfecting amendments to Amendment No. 8.

Amendment No. 8

Senator SHANE MARTIN proposed the following Amendment No. 8 (5410R007.SRM), which was withdrawn:

Amend the concurrent resolution, as and if amended, page 3, by striking lines 19-21 and inserting:

/   Assembly;

(7)   receipt, consideration, and confirmation of magistrate appointments; and

(8)   receipt and consideration of the H. 4996, concurrence and nonconcurrence and amendments to this bill returned from the other house, and the appointment of members to conference and free conference committees and receipt, consideration, and disposition of conference and free conference reports on the matters identified in this item.   /

Renumber sections to conform.

Amend title to conform.

Senator SHANE MARTIN explained the amendment.

On motion of Senator SHANE MARTIN, with unanimous consent, Amendment No. 8 was withdrawn.

Senator MALLOY resumed speaking on Amendment No. P1-1A.

On motion of Senator MALLOY, with unanimous consent, Amendment No. P1-1A and Amendment No. 1 were withdrawn.

With Senator MALLOY retaining the floor, Senator SETZLER asked unanimous consent to take up Amendment No. 12 for immediate consideration, withdrawing the perfecting amendments to Amendment No. 12.

Amendment No. 12

Senator LARRY MARTIN proposed the following amendment (5410R015.LAM), which was adopted:

Amend the concurrent resolution, as and if amended, page 3, by striking lines 19-21 and inserting:

/   Assembly;

(7)   receipt, consideration, and confirmation of magistrate appointments; and

(8)   third reading of S. 1340.     /

Renumber sections to conform.

Amend title to conform.

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

Ayes 32; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Courson                   Davis
Elliott                   Fair                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Leventis
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Williams

Total--32

NAYS

Total--0

The amendment was adopted.

Clerk's Conforming Amendment Adopted

The following Clerk's Conforming Amendment (5410R017.CLERK) incorporates all previously adopted amendments to H. 5410, which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 29-33 and inserting:

/   p.m. on June 7, 2012; and

(8)   convening of a joint assembly to conduct elections for offices or vacancies in any offices filled by election of the General Assembly.   /

Amend the concurrent resolution, as and if amended, page 3, by striking lines 19 - 21 and inserting:

/   Assembly;

(7)   receipt, consideration, and confirmation of magistrate appointments;

(8)   concurrence or nonconcurrence in H. 3508, provided that this item shall expire at 5:00 p.m. on June 27, 2012;

(9)   concurrence or nonconcurrence in S. 1419;

(10)   concurrence or noncurrence in H. 4494;

(11)   granting of free conference powers and the consideration of a free conference report on S. 45; and

(12)   third reading of S. 1340.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The question then was the adoption of the Resolution, as amended.

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

Ayes 32; Nays 1

AYES

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Courson                   Davis
Elliott                   Fair                      Ford
Gregory                   Grooms                    Hayes
Hutto                     Jackson                   Knotts
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Williams

Total--32

NAYS

Leventis

Total--1

The Concurrent Resolution was adopted, ordered returned to the House of Representatives with amendments.

Statement by Senator MALLOY

Though I voted in favor of H. 5410, as amended, I am opposed to the approach of using the Sine Die Resolution as a vehicle to conduct the state's business to this extent instead of in the regular legislative session.

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Horry County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Monte L. Harrelson, Post Office Box 153, Green Sea, SC 29545
Initial Appointment, York County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Douglas W. Sexton, 607 Winding Branch Road, Rock Hill, SC 29732

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1619 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RICHARD WOODRUFF CHEWNING III, FAMILY COURT JUDGE FOR THE ELEVENTH JUDICIAL CIRCUIT, UPON THE OCCASION OF HIS RETIREMENT FROM THE BENCH, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\rm\1663htc12.docx

The Senate Resolution was adopted.

HOUSE CONCURRENCE

S. 1609 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BROOKE MOSTELLER, AN OUTSTANDING STUDENT, ATHLETE, AND ACTIVIST, AND TO CONGRATULATE HER ON THE STATEWIDE SUCCESS AND EFFECTIVENESS OF HER COLLEGE APPLICATION DAY PROGRAM.

Returned with concurrence.

Received as information.

Session Scheduled

Under the provisions of H. 5377, the Sine Die Resolution, Senator COURSON informed the Senate that, when the Senate adjourned today, it would stand adjourned until 2:00 P.M. tomorrow.

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Horry County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Monte L. Harrelson, Post Office Box 153, Green Sea, SC 29545
Initial Appointment, York County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Douglas W. Sexton, 607 Winding Branch Road, Rock Hill, SC 29732

ADJOURNMENT

At 5:22 P.M., on motion of Senator COURSON, the Senate adjourned under the provisions of H. 5377, the Sine Die Resolution, to meet at 9:00 A.M. on Thursday, June 28, 2012.

* * *

This web page was last updated on Wednesday, December 19, 2012 at 2:54 P.M.