South Carolina General Assembly
120th Session, 2013-2014
Journal of the Senate

Wednesday, May 29, 2013
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 A.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:

In Genesis this verse resounds:

"God saw everything that he had made, and indeed, it was very good."       (Genesis 1:6a)

Let us pray:

Great and Glorious God, how marvelous is the account of Creation as we find it in the Book of Genesis. Your gift to us of this incredible world is mind-boggling. And we cringe as we think about how often have we stumbled in serving as the caregivers for all that You have given to us. Today we pray, dear Lord, that You will guide and bless each of these Senators. Strengthen them and their aides as they continue to wrangle with the resources and gifts that You have bestowed upon us here in South Carolina. Ours is a wonderful and beautiful State, filled with an energetic and caring people who themselves are confronted with many challenges and needs. What we seek and require today is, very simply, a realistic and meaningful demonstration of leadership from all of our Senators, working together for the betterment of all. May it be so, O God. May it be so, all to Your glory. In Your wondrous name we pray, 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 Appointment

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with the term to commence March 15, 2011, and to expire March 15, 2017
6th Congressional District:

Referred to the Committee on Corrections and Penology.

Local Appointments

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014

Erin Gentry Vaux, 71 Gascoigne Bluff Rd., Bluffton, SC 29910 VICE Stephen P. Wilson

Initial Appointment, Newberry County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Barry Koon, 14149 C. R. Koon Highway, Newberry, SC 29108

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015

Toney L. Farr, Sr., 710 Howell Rd., Jonesville, SC 29353 VICE Leslie Anderson

Doctor of the Day

Senator LEATHERMAN introduced Dr. Thomas Rowland of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator TURNER, at 10:32 A.M., Senators HEMBREE, YOUNG and MASSEY was granted a leave of absence until 11:00 A.M.

Leave of Absence

At 4:48 P.M., Senator FAIR requested a leave of absence beginning at 6:00 P.M.

S. 160 (Word version)     Sens. Setzler, Hayes

RECALLED

H. 3225 (Word version) -- Reps. J.E. Smith and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 132 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "SC RIVERKEEPERS" SPECIAL LICENSE PLATES.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

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

OBJECTION

H. 3101 (Word version) -- Reps. Chumley, Taylor, G.R. Smith, Huggins, Wells, Henderson, Crosby, Atwater, Long, Wood, Toole, Willis, Clemmons, Hardwick, Hardee, Goldfinch, Bedingfield, D.C. Moss, Loftis, Nanney, Pitts, Putnam, V.S. Moss, Owens, Barfield, H.A. Crawford, Stringer, Hamilton, Burns, Tallon, Kennedy, Allison, Murphy, Delleney, Horne, Daning and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FREEDOM OF HEALTH CARE PROTECTION ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES TAKING CONTROL OVER THE HEALTH INSURANCE INDUSTRY AND MANDATING THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT CERTAIN INDIVIDUALS FROM ENFORCING OR ATTEMPTING TO ENFORCE SUCH UNCONSTITUTIONAL LAWS; AND TO ESTABLISH CRIMINAL PENALTIES AND CIVIL LIABILITY FOR VIOLATING THIS ARTICLE.

Senator BRIGHT asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

Senator LEATHERMAN objected.

RECALLED AND COMMITTED

H. 3941 (Word version) -- Reps. Sandifer, Harrell, Bannister, Daning, Erickson, Forrester and Gambrell: A BILL TO AMEND SECTION 6-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLITICAL SUBDIVISION'S AUTHORITY TO SET A MINIMUM WAGE, SO AS TO ALSO PROHIBIT THE MANDATE OF AN EMPLOYEE BENEFIT.

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

The Bill was recalled from the Committee on Judiciary.

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

RECALLED

S. 671 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 7-7-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN EDGEFIELD COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

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

RECALLED

H. 3962 (Word version) -- Reps. Pitts, Parks and Riley: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO ADD CERTAIN PRECINCTS AND TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

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

RECALLED

H. 4192 (Word version) -- Reps. Merrill, Crosby, Daning, Jefferson, Rivers and Southard: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ADD FOUR PRECINCTS AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

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

RECALLED

H. 4204 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.

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

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

RECALLED

H. 3482 (Word version) -- Reps. G.A. Brown, Clemmons, G.M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF FOXWORTH MILL ROAD AND UNITED STATES HIGHWAY 15 IN SUMTER COUNTY "MOZINGO CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "MOZINGO CROSSROADS".

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

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

RECALLED

H. 3956 (Word version) -- Reps. Horne and Whipper: A BILL TO AMEND SECTION 61-6-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "FURNISHING LODGING" TO PROVIDE FOR AT LEAST EIGHTEEN INSTEAD OF TWENTY ROOMS THAT A BUSINESS MUST OFFER FOR ACCOMMODATIONS ON A REGULAR BASIS.

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

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

OBJECTION

S. 115 (Word version) -- Senators Bright, Bryant, Verdin, Davis, Grooms and S. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA CONSTITUTIONAL CARRY ACT OF 2013", TO AMEND SECTION 16-23-20, RELATING TO OFFENSES INVOLVING WEAPONS, TO CHANGE THE OFFENSE OF UNLAWFULLY CARRYING A HANDGUN TO CARRYING A HANDGUN WITH INTENT TO COMMIT A CRIME; TO REPEAL SECTION 16-23-460, RELATING TO THE OFFENSE OF CARRYING A CONCEALED WEAPON; TO AMEND SECTION 23-31-220, RELATING TO SIGNS AND THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES, TO REMOVE REFERENCES TO CONCEALED WEAPONS PERMITS AND TO ALLOW A PRIVATE EMPLOYER OR OWNER TO ALLOW OR PROHIBIT ANYONE FROM CARRYING A WEAPON UPON HIS PREMISES BY PROVIDING NOTICE WITH A SIGN; TO AMEND SECTION 23-31-225, RELATING TO CARRYING CONCEALED WEAPONS INTO RESIDENCES OR DWELLINGS, TO REMOVE REFERENCES TO CONCEALED WEAPONS PERMITS AND TO PROHIBIT ANY PERSON FROM ENTERING A RESIDENCE OR DWELLING OF ANOTHER WITH A WEAPON WITHOUT PERMISSION; AND TO AMEND SECTION 23-31-240, RELATING TO PERSONS WHO ARE ALLOWED TO CARRY A WEAPON ANYWHERE IN THE STATE WHILE ON DUTY, TO INCLUDE LAW ENFORCEMENT OFFICERS.

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

Senator SCOTT objected

RECALLED

H. 4006 (Word version) -- Rep. Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 165 AND 167 "SCHP LANCE CORPORAL JACOB HAM, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SCHP LANCE CORPORAL JACOB HAM, JR. MEMORIAL HIGHWAY".

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

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

Expression of Personal Interest

Senator BENNETT rose for an Expression of Personal Interest.

Remarks by Senator BENNETT

Thank you, Mr. PRESIDENT. Lady and gentlemen of the Senate. I know I'm a little late but I just want to take a moment of your time. I wanted to make these comments yesterday on the heels of Memorial Day but it got late and it probably wasn't the best time to do that. So I thought I would take advantage of a moment today to share a few comments.

A week ago I had the pleasure of celebrating with my grandfather his 90th birthday. It was an amazing day, not just because I was with him, but a number of the family was able to get together. In that, I was reminded of the events of few years ago that I wanted to share. But first if I can tell you a little about my granddad.

John Moniz is a first generation American. He didn't speak English until well into elementary school. His family immigrated from Portugal, and settled in Rhode Island, where he grew up. He was one of the first people in his family to graduate from high school. When he graduated from high school, his father, who only had a second grade education himself, told him, John, you need to go to college. It happened to be in early 1940s. He said, "No, I'm joining the Navy." He did, and shortly thereafter off to World War II and the Pacific he went. During the attack on Okinawa, his ship, the USS Isherwood, was dispatched to protect the USS Laffey - you might know, the Laffey is currently located at Patriot's Point Naval Museum - when it sustained heavy damage.

The Isherwood, after taking the Laffey's place, was hit on April 22, 1945, by two kamikaze pilots. The attack killed or injured about 80 men on that ship in about a two-hour period from the destruction of the attack and subsequent explosions on board. In one day, my grandfather went from being a third class electrician to being the chief electrician because all the others were killed in that attack. He was able to help nurse that ship back to port, get it fixed and re-enter the war.

I say that just to give you an idea of who he is. Granddad is 90 years old. 66 years a husband -- 65 years a father -- 45 years a grandfather -- 17 years a great grandfather. If it wasn't for one day in Charleston, where he decided, along with some of his friends, to go to the Guy Lombardo concert, where he met a beautiful girl from Smoaks, South Carolina, I might not be here today. I don't know if that is good news or bad, but that is what it is -- so 90 years old. And although he was never an educator, he was always a teacher, always a teacher.

I mention that to share with you this. My grandfather still gets together with his shipmates every year for a survivors reunion. About seven years ago, he had a reunion in Myrtle Beach, South Carolina. Now my granddad doesn't ask me to do a lot but he called and asked me to come to the reunion and to bring my family. Again, he doesn't ask me for many things, so when he asked I said, "Sure".

I have to say that as I hung up, I was like, man, I do not want to go to this reunion. Standing around with a bunch of old guys, eating what is sure to be poor buffet food, but because he asked me to do it, I'm going.

Let's fast forward. The day of the reunion, I drove up to Myrtle Beach with my family and it took me all of 30 seconds to realize I was in a room full of heroes. True American heroes that gave up everything they had in the 1940s to protect you, to protect me, who wasn't even here yet, and to protect my kids. I wanted to share that. I felt bad for initially not wanting to attend, but I was proud. I was honored to be in that room.

So on Memorial Day, or a few days after Memorial Day, I hope that before we get to jockeying around here, we will remember that -- the things that went on in days past.

With that, I will leave you with these comments from Ronald Reagan that I read a couple years ago. They fit my experiences. Ronald Reagan said,

"It is, in a way, an odd thing to honor those who died in defense of our country, in defense of us, in wars far away. The imagination plays a trick. We see these soldiers in our mind as old and wise. We see them as something like the Founding Fathers, grave and gray haired. But most of them were boys when they died, and they gave up two lives -- the one they were living and the one they would have lived. When they died, they gave up their chance to be husbands and fathers and grandfathers. They gave up their chance to be revered old men. They gave up everything for our country, for us. And all we can do is remember."

Thank you.

On motion of Senator LOURIE, with unanimous consent, the remarks of Senator BENNETT were ordered printed in the Journal.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 735 (Word version) -- Senator Williams: A SENATE RESOLUTION TO CONGRATULATE MR. LEROY GREGG OF MARION, SOUTH CAROLINA, UPON HIS NINETIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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S. 736 (Word version) -- Senators Johnson, McElveen, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Ford, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO CONGRATULATE THE REVEREND DR. JAMES B. BLASSINGAME, PASTOR OF MOUNT ZION MISSIONARY BAPTIST CHURCH, ON BEING ELECTED PRESIDENT OF THE BAPTIST EDUCATIONAL AND MISSIONARY CONVENTION OF SOUTH CAROLINA.
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S. 737 (Word version) -- Senators Matthews and Pinckney: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CHARLES LUCAS, MAYOR PRO TEM OF THE CITY OF WALTERBORO, UPON THE OCCASION OF HIS RETIREMENT AS A PUBLIC OFFICIAL AFTER EIGHT YEARS OF OUTSTANDING SERVICE ON THE WALTERBORO CITY COUNCIL, AND WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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S. 738 (Word version) -- Senators Peeler, Alexander and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-32 SO AS TO PROVIDE THE METHOD OF DETERMINING THE LEGAL RESIDENCE OF A CANDIDATE FOR A NONJUDICIAL OFFICE FILLED BY A VOTE OF THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Judiciary.

S. 739 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE THAT CERTAIN STATEMENTS MADE DURING QUESTIONING, INTERROGATION, OR CUSTODIAL INTERROGATION OF CERTAIN CRIMINAL OFFENSES MUST BE RECORDED, TO PROVIDE THAT A COURT MUST INSTRUCT A JURY THAT IT MAY DRAW AN ADVERSE INFERENCE FOR A LAW ENFORCEMENT OFFICER WHO FAILS TO RECORD A STATEMENT AS REQUIRED, TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON'S STATEMENT MAY BE USED FOR IMPEACHMENT PURPOSES, TO PROVIDE THE CIRCUMSTANCES WHEN A STATEMENT OBTAINED IN ANOTHER STATE OR BY THE FEDERAL GOVERNMENT IS ADMISSIBLE IN THIS STATE, AND TO PROVIDE THAT AN INAUDIBLE PORTION OF AN ELECTRONIC RECORDING DOES NOT RENDER IT INADMISSIBLE.
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Read the first time and referred to the Committee on Judiciary.

S. 740 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY DEPUTY SHERIFF ERNEST CHRISTIAN "CHRIS" POTTER III OF THE KERSHAW COUNTY SHERIFF'S DEPARTMENT BY ERECTING APPROPRIATE MARKERS OR SIGNS ALONG I-20 IN KERSHAW COUNTY AT MILE MARKER 87.9 EAST AND THE CORRESPONDING MILE MARKER ON THE OPPOSITE SIDE OF THE HIGHWAY THAT CONTAIN THE WORDS "IN MEMORY OF DEPUTY SHERIFF ERNEST CHRISTIAN 'CHRIS' POTTER III".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 740--Recalled

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

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

S. 741 (Word version) -- Senator Turner: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 51 ALONG INTERSTATE HIGHWAY 26 IN LAURENS COUNTY "LT. GOVERNOR NICK AND EMILIE THEODORE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LT. GOVERNOR NICK AND EMILIE THEODORE INTERCHANGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 742 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND PASTOR JOSEPH C. SAUNDERS FOR HIS FAITHFUL SERVICE TO LITTLE RIVER BAPTIST CHURCH IN SALEM, SOUTH CAROLINA, AND TO CONGRATULATE HIM FOR FIFTY YEARS OF MINISTRY.
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S. 743 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN CHESTER COUNTY FROM ITS NORTHEASTERN INTERSECTION WITH THE J. A. COCHRAN BYPASS TO THE CHESTER-YORK COUNTY LINE THE "PAUL G. CAMPBELL, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "PAUL G. CAMPBELL, SR. HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 744 (Word version) -- Senator Courson: 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 6, 2013, 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 18, 2013, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 20, 2013, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN 12:00 NOON, TUESDAY, JANUARY 14, 2014, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 745 (Word version) -- Senators Peeler, Alexander, McGill and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 5, 2013, AT 12:00 NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES FOR COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5 FOR A TERM TO EXPIRE IN 2017, AND A MEMBER OF THE BOARD OF TRUSTEES FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SIXTH CONGRESSIONAL DISTRICT, LAY SEAT FOR A TERM TO EXPIRE IN 2016; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
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On motion of Senator BRYANT, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

S. 746 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. WELDON F. FALLAW OF LEXINGTON COUNTY ON THE OCCASION OF THEIR GOLDEN WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.
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S. 747 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO CONGRATULATE PATRICIA F. "PATTI" HUDSON OF CONWAY UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER THIRTY-THREE YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 748 (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"; AND TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT".
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Read the first time and referred to the Committee on Medical Affairs.

S. 749 (Word version) -- Senators Courson and Alexander: A CONCURRENT RESOLUTION TO AWARD THE SOUTH CAROLINA MEDAL OF VALOR TO THOSE SOUTH CAROLINIANS WHO LOST THEIR LIVES WHILE SERVING IN THE ARMED FORCES DURING THE GLOBAL WAR ON TERRORISM.
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On motion of Senator ALEXANDER, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4166 (Word version) -- Reps. Clemmons and Goldfinch: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION REVISING OR REQUIRING REVISIONS TO THE BOUNDARIES OF THE SOUTHEASTERN UNITED STATES FEDERAL OUTER CONTINENTAL SHELF ADMINISTRATIVE DISTRICTS' BOUNDARIES ESTABLISHED BY THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PROTECT SOUTH CAROLINA'S INTERESTS WITH RESPECT TO COMMERCIAL ENERGY LEASES IN THESE DISTRICTS.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

H. 4202 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4205 (Word version) -- Reps. Munnerlyn and Hayes: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4230 (Word version) -- Reps. Rutherford, Bales, Ballentine, Bernstein, Douglas, Finlay, Hart, Howard, McEachern, Neal, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WAVERLY HISTORIC DISTRICT OF RICHLAND COUNTY AND CONGRATULATE ITS ASSOCIATION, RESIDENTS, AND EXTENDED COMMUNITY UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY IN 2013 AND TO COMMEND THEM FOR THEIR DEDICATION TO THE PRESERVATION OF WAVERLY'S BUILDINGS AND HISTORY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4237 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY MYERS, AYNOR HIGH SCHOOL CAREER AND TECHNOLOGY EDUCATION DEPARTMENT CHAIR, ON BEING NAMED 2013 TEACHER OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF TEACHERS OF FAMILY AND CONSUMER SCIENCES.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

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

S. 266 (Word version) -- Senators Gregory, Hayes, Davis, Sheheen, Lourie, Hembree and Fair: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JUNE 30, 2016, THE COMMISSION ON HIGHER EDUCATION AND THE PRESIDENTS OF PUBLIC COLLEGES AND UNIVERSITIES SHALL SUPPORT THE EFFORTS OF THE GENERAL ASSEMBLY TO ESTABLISH ACCOUNTABILITY-BASED FUNDING FOR PUBLIC COLLEGES AND UNIVERSITIES.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary polled out S. 744 favorable:

S. 744 (Word version) -- Senator Courson: 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 6, 2013, 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 18, 2013, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 20, 2013, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN 12:00 NOON, TUESDAY, JANUARY 14, 2014, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Poll of the Judiciary Committee
Polled 23; Ayes 17; Nays 1; Not Voting 5

AYES

Martin, Larry             Hutto                     Malloy
Sheheen                   Massey                    Martin, Shane
Nicholson                 Scott                     Gregory
Allen                     Bennett                   Hembree
McElveen                  Shealy                    Thurmond
Turner                    Young

Total--17

NAYS

Bright

Total--1

NOT VOTING

Rankin                    Campsen                   Coleman
Corbin                    Johnson

Total--5

Ordered for consideration tomorrow.

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

H. 3014 (Word version) -- Reps. J.E. Smith, Bernstein, M.S. McLeod, McEachern, Weeks, Hart and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 14 SO AS TO ENACT THE "VETERANS TREATMENT COURT PROGRAM ACT", TO REQUIRE THE CREATION AND ADMINISTRATION OF A VETERANS TREATMENT COURT PROGRAM IN EACH JUDICIAL CIRCUIT BY THE ATTORNEY GENERAL, TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF A VETERANS TREATMENT COURT JUDGE, AND TO PROVIDE FOR REQUIREMENTS FOR AN OFFENDER TO QUALIFY FOR ADMISSION TO A VETERANS TREATMENT COURT PROGRAM.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:

H. 3033 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 132 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL LICENSE PLATES TO RECIPIENTS OF THE DISTINGUISHED FLYING CROSS.

Ordered for consideration tomorrow.

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

H. 3099 (Word version) -- Reps. Nanney and Long: A BILL TO AMEND SECTION 63-17-2310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES REQUIRED TO PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING, MODIFYING, AND ENFORCING CHILD SUPPORT OBLIGATIONS, SO AS TO ALSO REQUIRE THESE ENTITIES TO PROVIDE THIS INFORMATION TO CLERKS OF COURT FOR THE SAME PURPOSE IN CASES NOT BEING ADMINISTERED PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT BY THE DEPARTMENT OF SOCIAL SERVICES; AND TO MAKE TECHNICAL CORRECTIONS.

Ordered for consideration tomorrow.

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

H. 3184 (Word version) -- Reps. Pope, R.L. Brown, M.S. McLeod, Weeks, Bales, Gilliard, Whipper, W.J. McLeod and Mitchell: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR EXPUNGEMENT OF A FIRST OFFENSE CRIME WHICH CARRIES A FINE OF ONE THOUSAND DOLLARS RATHER THAN FIVE HUNDRED DOLLARS.

Ordered for consideration tomorrow.

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

H. 3342 (Word version) -- Reps. Hart and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-175 SO AS TO PROVIDE THAT A JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UNLESS THE SOLICITOR OR CLERK OF COURT HAS PROVIDED NOTICE TO THE ATTORNEY OF RECORD BEFORE ISSUING THE BENCH WARRANT.

Ordered for consideration tomorrow.

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

H. 3378 (Word version) -- Reps. Sandifer, Whitmire and Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90 SO AS TO ENACT THE "VOLUNTEER SERVICE PERSONNEL APPRECIATION ACT" AND TO ALLOW THE GOVERNING BODY OF A LOCAL GOVERNMENT TO AUTHORIZE THE DISTRIBUTION OF CERTAIN REWARDS TO THREE ENUMERATED CATEGORIES OF VOLUNTEER SERVICE PERSONNEL SO LONG AS ALL PERSONNEL IN A RESPECTIVE CATEGORY ARE TREATED EQUALLY.

Ordered for consideration tomorrow.

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

H. 3464 (Word version) -- Reps. Allison, Brannon, Erickson, Bedingfield, Taylor, Kennedy, Clyburn, Anderson, G.A. Brown, Clemmons, H.A. Crawford, Douglas, Forrester, Goldfinch, Hamilton, Hardwick, Hixon, Horne, Hosey, Nanney, Pope, Powers Norrell, G.R. Smith, J.R. Smith, Stringer, Wood, Felder, Cobb-Hunter and Gilliard: A BILL TO AMEND SECTION 63-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPEDITED RELATIVE PLACEMENTS OF CHILDREN AT THE PROBABLE CAUSE HEARING, SO AS TO ENCOURAGE PLACEMENT OF THE CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE UNDER CERTAIN CIRCUMSTANCES; TO SET FORTH CRITERIA FOR THE COURT TO CONSIDER WHEN DECIDING WHETHER TO PLACE A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING; AND TO PROVIDE THAT IF THE COURT PLACES A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING, THE INDIVIDUAL MUST BE ADDED AS A PARTY TO THE ACTION FOR THE DURATION OF THE CASE OR UNTIL FURTHER ORDER OF THE COURT.

Ordered for consideration tomorrow.

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

H. 3491 (Word version) -- Reps. Sandifer, Clemmons, Atwater, Ott, D.C. Moss, Erickson, Herbkersman, Ballentine, Forrester, Sottile, Lowe, Toole, Bales, Weeks, Edge and Loftis: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING VACATION TIME SHARING PLANS, SO AS TO DEFINE AND REDEFINE CERTAIN TERMS; TO AMEND SECTION 27-32-55, RELATING TO FEES FOR THE RESALE OF AN INTEREST IN A VACATION TIMESHARE, SO AS TO PROVIDE REQUIREMENTS OF A RESALE VACATION TIMESHARE SERVICE PROVIDER; TO AMEND SECTION 27-32-80, RELATING TO THE TRANSFER OF AN INTEREST IN A VACATION TIME SHARING PLAN FROM A SELLER TO A THIRD PARTY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO A RESALE OF THE INTEREST; AND TO AMEND SECTION 27-32-130, RELATING TO ENFORCEMENT AND IMPLEMENTATION PROVISIONS, SO AS TO MAKE THE PROVISIONS APPLICABLE TO A VACATION TIME SHARING ASSOCIATION.

Ordered for consideration tomorrow.

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

H. 3502 (Word version) -- Reps. Murphy, Vick, Goldfinch, K.R. Crawford, Harrell, Horne, M.S. McLeod and Owens: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF FUNDS OR PROPERTY BY THE CITADEL BOARD OF VISITORS TO A NONPROFIT ELEEMOSYNARY CORPORATION ESTABLISHED BY THE BOARD, SO AS TO REMOVE A LIMIT ON THE AMOUNT OF FUNDS OR PROPERTY THAT THE BOARD MAY TRANSFER TO THE CORPORATION.

Ordered for consideration tomorrow.

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

H. 3602 (Word version) -- Reps. Weeks, Cobb-Hunter, Clemmons, Pope, Kennedy, M.S. McLeod, Tallon, Murphy, Crosby, McCoy, Dillard, Long, Bowen, Munnerlyn, Sellers, Limehouse, Brannon, Gilliard, Bales, Barfield, Bowers, Branham, G.A. Brown, R.L. Brown, Daning, Delleney, Edge, Funderburk, Henderson, Horne, Howard, Huggins, Jefferson, Loftis, Lowe, W.J. McLeod, Merrill, D.C. Moss, Norman, Powers Norrell, Quinn, Sandifer, Simrill, G.M. Smith, Spires, Taylor, Wells, Whipper, Wood, Newton, Riley, Anderson and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-131 SO AS TO CREATE AN OFFENSE RELATING TO STEALING GOODS OR MERCHANDISE FROM A MERCHANT BY AFFIXING A PRODUCT CODE AND TO PROVIDE A PENALTY; BY ADDING SECTION 16-13-135 SO AS TO DEFINE NECESSARY TERMS, CREATE AN OFFENSE RELATING TO RETAIL THEFT, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-13-440, RELATING TO THE USE OF A FALSE OR FICTITIOUS NAME OR ADDRESS TO OBTAIN A REFUND FROM A BUSINESS ESTABLISHMENT FOR MERCHANDISE, SO AS TO INCLUDE USING A FALSE OR ALTERED IDENTIFICATION CARD TO COMMIT CERTAIN RETAIL THEFT OFFENSES; TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO INCLUDE RECEIVING OR POSSESSING STOLEN GOODS WHEN THE PERSON IS ON NOTICE BY LAW ENFORCEMENT THAT THE GOODS ARE STOLEN; TO AMEND SECTION 17-25-323, RELATING TO DEFAULT ON COURT-ORDERED PAYMENTS INCLUDING RESTITUTION BY PERSONS ON PROBATION OR PAROLE AND CIVIL JUDGMENTS AND LIENS, SO AS TO INCLUDE DEFENDANTS WHO DEFAULT ON THE VARIOUS MAGISTRATES COURT OR MUNICIPAL COURT-ORDERED PAYMENTS INCLUDING RESTITUTION IN THE PURVIEW OF THE STATUTE AND TO PROVIDE THAT A FILING FEE OR OTHER FEE MAY NOT BE REQUIRED WHEN SEEKING A CIVIL JUDGMENT; TO AMEND SECTION 14-25-65, AS AMENDED, RELATING TO PENALTIES THE MAGISTRATES COURT MAY IMPOSE, RESTITUTION, AND CONTEMPT, SO AS TO ALLOW A MAGISTRATE TO CONVERT CERTAIN UNPAID COURT-ORDERED PAYMENTS TO A CIVIL JUDGMENT; AND TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO THE JURISDICTION OF THE MAGISTRATES COURT OVER MINOR OFFENSES, RESTITUTION, AND CONTEMPT, SO AS TO ALLOW A MAGISTRATE TO CONVERT CERTAIN UNPAID COURT-ORDERED PAYMENTS TO A CIVIL JUDGMENT AND TO INCLUDE VIOLATIONS OF SECTIONS 16-13-180 AND 16-13-440 IN THOSE OFFENSES FOR WHICH A MAGISTRATE HAS THE POWER TO SENTENCE A PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS.

Ordered for consideration tomorrow.

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

H. 3632 (Word version) -- Reps. G.M. Smith, White, Sandifer, J.R. Smith, Bannister and Lucas: A BILL TO AMEND SECTION 42-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE TAX IMPOSED BY THE WORKERS' COMPENSATION COMMISSION ON SELF INSURERS, SO AS TO PROVIDE THAT THE COMMISSION SHALL RETAIN A PORTION OF THE ANNUAL MAINTENANCE TAX REVENUE TO PAY THE SALARIES AND EXPENSES OF THE COMMISSION AND TO PROVIDE THAT THE COMMISSION SHALL RETAIN ONE-HALF OF THE INTEREST CHARGED ON DELINQUENT MAINTENANCE TAX FOR THE SAME PURPOSE.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Fish, Game and Forestry polled out H. 3735 favorable:

H. 3735 (Word version) -- Reps. Goldfinch, Hardwick, H.A. Crawford, Huggins, Hardee, Clemmons, Vick, Finlay, Chumley, Hamilton, Herbkersman, Hiott, Hixon, V.S. Moss, Owens, Pitts, Sottile, Wells, Wood, Powers Norrell, Knight and McCoy: A BILL TO AMEND SECTION 50-5-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S ADOPTION OF CERTAIN FEDERAL LAWS AND REGULATIONS THAT REGULATE THE TAKING OF FISH IN STATE WATERS, SO AS TO PROVIDE THAT LAWS AND REGULATIONS DO NOT APPLY TO BLACK SEA BASS (CENTROPRIATES STRIATA), TO PROVIDE A LAWFUL CATCH LIMIT AND SIZE FOR THIS SPECIES OF FISH, AND TO PROVIDE THAT THERE IS NO CLOSED SEASON ON THE CATCHING OF BLACK SEA BASS (CENTROPRIATES STRIATA).

Poll of the Fish, Game and Forestry Committee
Polled 17; Ayes 17; Nays 0; Not Voting 0

AYES

Campsen                   McGill                    Hutto
Cromer                    Williams                  Sheheen
Coleman                   Gregory                   Bennett
Corbin                    Hembree                   Johnson
McElveen                  Shealy                    Thurmond
Young

Total--17

NAYS

Total--0

Ordered for consideration tomorrow.

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

H. 3752 (Word version) -- Rep. Patrick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "EXPANDED VIRTUAL LEARNING ACT"; TO AMEND SECTION 59-16-15, RELATING TO THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, SO AS TO RESTYLE THE PROGRAM AS A VIRTUAL EDUCATION PROGRAM AND TO REMOVE LIMITS ON THE NUMBER OF ONLINE CREDITS A STUDENT MAY BE AWARDED UNDER THE PROGRAM; AND TO AMEND SECTION 59-40-65, RELATING TO ENROLLMENT OF CHARTER SCHOOL STUDENTS IN THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, SO AS TO MAKE A CONFORMING CHANGE.

Ordered for consideration tomorrow.

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

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary polled out H. 3870 favorable:

H. 3870 (Word version) -- Reps. Gambrell, Bowen, D.C. Moss, Gagnon, Putnam, Sandifer and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-49-65 SO AS TO PROVIDE IN THE "FIREFIGHTER MOBILIZATION ACT OF 2000" THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) HAS SPECIFIC AND EXCLUSIVE JURISDICTION ON BEHALF OF THE STATE IN MATTERS PERTAINING TO THE RESPONSE TO AND CRISIS MANAGEMENT OF ACTS OF TERRORISM AND EMERGENCY EVENT MANAGEMENT OF EXPLOSIVE DEVICES; TO AMEND SECTION 23-49-20, RELATING TO THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION OVERSIGHT COMMITTEE, SO AS TO ADD THE CHIEF OF SLED TO THE COMMITTEE AND TO CORRECT OBSOLETE REFERENCES; TO AMEND SECTION 23-49-50, RELATING TO THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION PLAN, SO AS TO RENAME THE COMMITTEE AS THE SOUTH CAROLINA FIREFIGHTER MOBILIZATION AND EMERGENCY RESPONSE TASK FORCE PLAN, TO ADD THE TASK FORCE TO THOSE RESOURCES THAT THE PLAN IS INTENDED TO OFFER, AND TO PROVIDE THE PLAN IS OPERATIONAL WHEN THE CHIEF OF SLED DIRECTS A RESPONSE TO A TERRORIST OR EXPLOSIVE DEVICE EVENT; TO AMEND SECTION 23-49-60, RELATING TO THE DUTIES OF THE COMMITTEE, SO AS TO PROVIDE THE COMMITTEE SHALL DEVELOP GUIDELINES FOR USING RESOURCES ALLOCATED TO THE TASK FORCE AT THE STATE AND REGIONAL LEVEL; TO AMEND SECTION 23-49-70, RELATING TO STATE AND REGIONAL COORDINATORS APPOINTED BY THE COMMITTEE TO EXECUTE THE PLAN, SO AS TO MAKE A CONFORMING CHANGE TO THE NAME OF THE PLAN, TO REQUIRE THE OFFICE OF STATE FIRE MARSHAL TO PROVIDE ADMINISTRATIVE SUPPORT AS REQUIRED BY THE COMMITTEE TO PERFORM ITS PRESCRIBED FUNCTIONS, AND TO PROVIDE THAT THE STATE COORDINATOR APPOINTED BY THE COMMITTEE SHALL REPORT TO THE STATE FIRE MARSHAL AND PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMITTEE; TO AMEND SECTION 23-49-80, RELATING TO INFORMATION REQUIRED OF THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION, SO AS TO CORRECT OBSOLETE LANGUAGE; AND TO AMEND SECTION 23-49-110, RELATING TO DEFINITIONS, SO AS TO DEFINE ADDITIONAL TERMS.

Poll of the Judiciary Committee
Polled 23; Ayes 21; Nays 0; Not Voting 1;Abstain 1

AYES

Martin, Larry             Rankin                    Hutto
Malloy                    Sheheen                   Bright
Coleman                   Martin, Shane             Nicholson
Scott                     Gregory                   Allen
Bennett                   Corbin                    Hembree
Johnson                   McElveen                  Shealy
Thurmond                  Turner                    Young

Total--21

NAYS

Total--0

NOT VOTING

Campsen

Total--1

ABSTAIN

Massey

Total--1

Ordered for consideration tomorrow.

Senator O'DELL from the General Committee polled out H. 3878 favorable:

H. 3878 (Word version) -- Reps. Murphy, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A. Brown, R.L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S. McLeod, W.J. McLeod, Merrill, Mitchell, D.C. Moss, V.S. Moss, Munnerlyn, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO MEMORIALIZE THE FULL COMMITTEE OF THE INTERNATIONAL OLYMPIC COMMITTEE TO OPPOSE THE DECISION OF ITS EXECUTIVE BOARD AND REINSTATE WRESTLING AS A CORE SPORT OF THE SUMMER OLYMPIC GAMES.

Poll of the General Committee
Polled 17; Ayes 14; Nays 3; Not Voting 0

AYES

O'Dell                    Ford                      Sheheen
Reese                     Lourie                    Jackson
Cromer                    Cleary                    McGill
Verdin                    Campbell                  Allen
Shealy                    Young

Total--14

NAYS

Bryant                    Bright                    Martin, Shane

Total--3

Ordered for consideration tomorrow.

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

H. 4020 (Word version) -- Rep. Allison: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2014.

Ordered for consideration tomorrow.

Appointments Reported

Senator FAIR from the Committee on Corrections and Penology submitted a favorable report on:

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with the term to commence March 15, 2011, and to expire March 15, 2017
6th Congressional District:

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

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2013, and to expire May 19, 2020
1st Congressional District:
William A. Finn, 59 Krier Lane, Mt. Pleasant, SC 29464

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2011, and to expire May 19, 2018
Chairman:

W. Leighton Lord III, 3628 Devereaux Rd., Columbia, SC 29205 VICE Oscar L. Thompson III

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2012, and to expire June 30, 2018
At-Large:
Andrea C. Roche, 2928 Forest Drive, Columbia, SC 29204

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

Reappointment, South Carolina State Ports Authority, with the term to commence June 4, 2013, and to expire June 4, 2018
At-Large:
Henry D. McMaster, 1731 Senate Street, Columbia, SC 29201

HOUSE CONCURRENCES

The following Resolutions were returned from the House with concurrence and received as information:

S. 639 (Word version) -- Senators McElveen, Campsen and Gregory: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION AND THE UNITED STATES FISH AND WILDLIFE SERVICE TO PROMULGATE REGULATIONS AUTHORIZING THE STATE OF SOUTH CAROLINA TO MANAGE DOUBLE-CRESTED CORMORANTS IN THE STATE.

S. 710 (Word version) -- Senators Scott, Campsen, Grooms, Hayes, Reese, Courson, Nicholson and Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF MOTOR VEHICLES BESTOW SPECIAL RECOGNITION UPON CONGRESSIONAL MEDAL OF HONOR RECIPIENTS COLONEL CHARLES MURRAY, JR., CORPORAL FREDDIE STOWERS, MAJOR GENERAL JAMES E. LIVINGSTON, SERGEANT FIRST CLASS WEBSTER ANDERSON, MASTER SERGEANT JOHN BAKER, JR., AND SEAMAN ROBERT BLAKE, AND THE WIVES OF COLONEL CHARLES MURRAY, JR., MAJOR GENERAL JAMES E. LIVINGSTON AND MASTER SERGEANT JOHN BAKER, JR., BY NAMING DEPARTMENT OF MOTOR VEHICLES' BUILDINGS IN THEIR HONOR.

S. 711 (Word version) -- Senators L. Martin and Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE L.E.C. ROAD OF S-39-90 THAT BEGINS ON SOUTH CAROLINA HIGHWAY 8 AND ENDS ON MCDANIEL AVENUE IN PICKENS, SOUTH CAROLINA, AS THE "C. DAVID STONE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS ROAD THAT CONTAIN THE WORDS "C. DAVID STONE ROAD".

S. 733 (Word version) -- Senators Cromer, Courson, Shealy, Setzler and Massey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STUDENTS, ADMINISTRATORS, FACULTY, STAFF, AND PARENTS OF LAKE MURRAY ELEMENTARY SCHOOL OF LEXINGTON COUNTY FOR THEIR OUTSTANDING WORK AND TO CONGRATULATE THEM FOR BEING SELECTED AS A LIGHTHOUSE SCHOOL.

S. 734 (Word version) -- Senators Cromer, Courson, Shealy, Setzler and Massey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STUDENTS, ADMINISTRATORS, FACULTY, STAFF, AND PARENTS OF SAXE GOTHA ELEMENTARY SCHOOL OF LEXINGTON COUNTY FOR THEIR OUTSTANDING WORK AND TO CONGRATULATE THEM FOR BEING SELECTED AS A LIGHTHOUSE SCHOOL.

Message from the House

Columbia, S.C., May 29, 2013

Mr. President and Senators:

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

S. 341 (Word version) -- Senators Alexander, Reese, Fair, Lourie, Cromer, L. Martin, Campbell, Shealy and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMERSON ROSE ACT" BY ADDING SECTION 44-37-70 SO AS TO REQUIRE EACH BIRTHING FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERFORM A PULSE OXIMETRY SCREENING ON EVERY NEWBORN IN ITS CARE, WHEN THE BABY IS TWENTY-FOUR TO FORTY-EIGHT HOURS OF AGE, OR AS LATE AS POSSIBLE IF THE BABY IS DISCHARGED FROM THE HOSPITAL BEFORE REACHING TWENTY-FOUR HOURS OF AGE.
Respectfully submitted,
Speaker of the House

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

Message from the House

Columbia, S.C., May 29, 2013

Mr. President and Senators:

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

H. 3751 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CONFORM WITH FEDERAL MANDATES ENACTED BY THE UNITED STATES CONGRESS IN THE TRADE ADJUSTMENT ASSISTANCE EXTENSION ACT OF 2011; BY ADDING SECTION 41-41-45 SO AS TO PROVIDE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE SHALL IMPOSE A PENALTY ON FRAUDULENT OVERPAYMENTS OF UNEMPLOYMENT BENEFITS; BY ADDING SECTION 41-33-910 SO AS TO CREATE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE INTEGRITY FUND AND PROVIDE FOR ITS SOURCE AND USE; BY ADDING SECTION 41-35-135 SO AS TO PROVIDE THE DEPARTMENT SHALL CHARGE THE ACCOUNT OF AN EMPLOYER WHEN THE EMPLOYER FAILS TO RESPOND TIMELY OR ADEQUATELY TO A REQUEST BY THE DEPARTMENT FOR INFORMATION CONCERNING A CLAIM FOR UNEMPLOYMENT BENEFITS WHEN THE EMPLOYER HAS DEMONSTRATED A PATTERN OF FAILING TO TIMELY OR ADEQUATELY RESPOND TO THESE REQUESTS; AND TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REVISE THE DEFINITION OF "NEW HIRE" TO APPLY WHERE THE SEPARATION OF AN EMPLOYEE FROM EMPLOYMENT IS FOR AT LEAST SIXTY CONSECUTIVE DAYS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 29, 2013

Mr. President and Senators:

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

H. 3061 (Word version) -- Reps. McCoy, M.S. McLeod, Stavrinakis and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-95 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP AND DISTRIBUTE MODEL POLICIES CONCERNING THE NATURE AND RISK OF CONCUSSIONS SUSTAINED BY STUDENT ATHLETES, TO REQUIRE EACH LOCAL SCHOOL DISTRICT TO DEVELOP ITS OWN POLICY, TO REQUIRE THE REVIEW OF THE POLICY BY STUDENT ATHLETES AND THEIR PARENTS OR GUARDIANS, TO REQUIRE THE REMOVAL FROM PLAY AND MEDICAL EVALUATION OF A STUDENT ATHLETE BELIEVED TO HAVE SUSTAINED A CONCUSSION DURING PLAY, TO ALLOW FOR THE EVALUATION TO BE UNDERTAKEN BY A VOLUNTEER HEALTH CARE PROVIDER, AND TO PROVIDE THAT LOCAL SCHOOL DISTRICTS ARE NOT REQUIRED TO ENFORCE THE PROVISIONS OF THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 29, 2013

Mr. President and Senators:

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

H. 3762 (Word version) -- Reps. Ott, Skelton, Hardwick, Hodges, Knight, Bales, Jefferson, Parks, Sellers, Finlay, Funderburk, Gagnon, Gambrell, George, Hayes, Hiott, Hixon, Horne, Lowe, D.C. Moss, Norman, Pitts, Putnam, Riley, White, Williams and Vick: A BILL TO AMEND SECTIONS 50-11-740, AS AMENDED, AND 50-11-745, RELATING TO THE CONFISCATION, FORFEITURE, SALE, AND RELEASE OF PROPERTY USED FOR THE UNLAWFUL HUNTING OF WILDLIFE, SO AS TO PROVIDE ADDITIONAL TYPES OF PROPERTY THAT ARE COVERED BY BOTH PROVISIONS, AND TO REVISE THE PENALTIES THAT MAY BE IMPOSED FOR THE UNLAWFUL HUNTING OF WILDLIFE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4038 (Word version) -- Reps. Sandifer and Harrell: A BILL TO AMEND SECTION 40-22-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF THE CHAPTER CONCERNING ENGINEERS AND SURVEYORS, SO AS TO ADD AN EXEMPTION FOR CERTAIN ENGINEERS.

H. 3907 (Word version) -- Reps. Willis, Owens, Stringer, Daning, Brannon, Rivers, Kennedy, King, Mitchell, Putnam, Wells and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 56 SO AS TO AUTHORIZE THE DEPARTMENT OF MOTOR VEHICLES TO ACCEPT UNCERTIFIED CHECKS FOR PAYMENT FOR PRODUCTS OR SERVICES ISSUED BY THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MAY REFUSE TO PROVIDE A PERSON ANY PRODUCT OR SERVICE, EXCEPT AN IDENTIFICATION CARD, UNTIL THE PERSON HAS PAID ALL FEES OWED THE DEPARTMENT AS A RESULT OF A RETURNED CHECK, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE SPECIFIED IN SECTION 34-11-70 TO COVER THE COSTS ASSOCIATED WITH THE COLLECTION OF FEES, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A PROCESSING FEE FOR THE USE OF CREDIT CARDS, AND TO PROVIDE THAT ALL PROCESSING FEES COLLECTED PURSUANT TO THIS ARTICLE MUST BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY ITS COSTS.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3409 (Word version) -- Reps. Sandifer and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-25 SO AS TO PROHIBIT CERTAIN ACTS BY RESIDENTIAL BUILDERS OR CONTRACTORS RELATING TO ROOFING SYSTEMS; AND TO AMEND SECTION 40-59-110, RELATING TO REVOCATION, SUSPENSION, OR RESTRICTION OF THE LICENSE BY THE RESIDENTIAL HOME BUILDERS COMMISSION, SO AS TO PROVIDE A CONFORMING CHANGE.

READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 3971 (Word version) -- Reps. Stringer and Willis: A BILL TO PROVIDE THAT THE GREENVILLE HOSPITAL SYSTEM BOARD OF TRUSTEES, AS DESIGNATED IN ACT 1285 OF 1966, IS CHANGED TO THE GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES.

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

Senator FAIR spoke on the Bill.

Senator ALLEN spoke on the Bill.

Senator ALLEN asked unanimous consent to have his amendments withdrawn.

There was no objection and the amendments were withdrawn.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives, with amendments.

H. 3971--Recorded Vote

Senator CORBIN desired to be recorded as voting in favor of the third reading of the Bill.

On motion of Senator FAIR, the following was ordered printed in the Journal:

PRESIDENT: You're asking to take up H. 3971, on page 1, under the Local Uncontested Third Reading Calendar. Is that correct, sir? Senator from Greenville, for what purpose do you rise, sir?

SENATOR ALLEN: Thank you, Mr. PRESIDENT. Will the Senator from Greenville yield?

PRESIDENT: Does the Senator yield?

SENATOR FAIR: Yes.

PRESIDENT: The Senator yields.

SENATOR ALLEN: Senator FAIR, the Bill that we are taking up now is a Bill that deals with the Greenville Health System. Is that correct?

SENATOR FAIR: Correct.

SENATOR ALLEN: Right, and the language that is within that Bill that talks about maintaining diversity, a diverse board, would you understand that to take into consideration minority members that are on the board?

SENATOR FAIR: Senator from Greenville, Senator ALLEN, yes. And, I say that speaking as chairman of the delegation and our commitment to see that that happens. And, as you know, Senator, having been part of the Greenville Delegation for some time now, we have been somewhat successful in that regard with that current language in place and I don't expect any backwards motion on that.

SENATOR ALLEN: All right, and as you're aware, I discussed the matter with other Senators and had a very interesting conversation -- did you know, with the Senator from Lexington, Senator SHEALY, and the Senator from Orangeburg, Senator MATTHEWS, regarding minority participation. You know that you have to have a seat at the table in order to partake in the meal from the table. You agree with that, do you not?

SENATOR FAIR: Well, if I understand what you're saying, and I think I do, no, I wouldn't say that's an absolute. Because, theoretically, minority members have not had a seat at the table and, yet, we have been able to secure a seat at the table for them and I don't expect that to change. For the Body who is having to listen to this, this Bill is going to expand the possibility for Greenville Health Systems to add members, if they choose, and Senator ALLEN, myself and the others, are interested, without going to an absolute quota system -- which is an offense to everybody -- we're effectively keeping minority representation where it needs to be. Historically, we've done that and we intend to move forward and not back up on that regard.

SENATOR ALLEN: All right Senator, with that being said, you knew that I had two amendments up. One that would require no retrogression in the number of minority members on the board and a second one that would make the board consider race and ethnicity and keep it at the same level that it is today. You were aware of that, correct?

SENATOR FAIR: Yes.

SENATOR ALLEN: Mr. PRESIDENT, I would ask for unanimous consent, from our delegation per the rules, to withdraw the two amendments that I have on the Desk in view of the language that has been added to the Bill itself.

PRESIDENT: There is a unanimous consent request by the Senator from Greenville, Senator ALLEN, to withdraw his amendments. Is there objection? There being none, it so ordered.

* * *

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

S. 705 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2013-2014 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.

Senator LEATHERMAN explained the Joint Resolution.

S. 657 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO MAGISTRATE JURY AREAS IN EACH COUNTY, SO AS TO REVISE AND UPDATE THE TERRITORIAL DESCRIPTIONS OF THE JURY AREAS AND PROVIDE REFERENCES TO PUBLIC MAPS SHOWING THE JURY AREAS.

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

Senator MALLOY proposed the following amendment (JUD0657.001), which was adopted:

Amend the bill, as and if amended, page 14, by striking lines 7 through 18, in Section 22-2-190, as contained in SECTION 1, and inserting therein the following:

/   (13) Chesterfield County

No. 1--Middenhorf, McBee

No. 2--Cat Pond, Harris Creek, Ousleydale

No. 3--Bay Springs, Cash, Patrick

No. 4--Cheraw No. 1, Cheraw No. 2, Cheraw No. 3, Grants Mill

No. 5--Angelus-Catarrh, Black Creek, Jefferson

No. 6--Center Grove, Dudley, Mangum, Pageland

No. 7--Cross Roads, Mt. Croghan, Ruby, Wexford, Winzo

No. 8--Center Point, Court House, Shiloh, Snow Hill, Vaughn, White Oak

No. 9--Brocks Mill

One jury area countywide.     /

Amend the bill further, as and if amended, page 15, by striking lines 14 through 38, in Section 22-2-190, as contained in SECTION 1, and inserting therein the following:

/   (16) Darlington County

(a)(1)   Society Hill--Described generally as that area of Darlington County north of Buckholtz Creek and State Road 23 to Sand Hill State Forest.

(2)   Darlington--That area of the county generally described as: On the north by Buckholtz Creek and the Marlboro County line; on the east by the Florence County line; on the south by Interstate 20 and State Road 13; on the west by State Road 28, State Road 699, State Road 112, State Road 25, State Road 13, Black Creek, State Road 36 and U.S. 15.

(3)   Lamar--That area of the county generally described as: On the north by State Road 19, Jefferies Creek, State Road 13 and Interstate 20; on the east by the Florence County line; on the south and west by the Lee County line.

(4)   Lydia--That area of the county generally described as: On the north by State Road 772 and State Road 493, on the east by State Road 352, on the south by State Road 19, on the west by the Lee County line.

(b)   The lines defining the magistrates jury areas provided in item (a) are as shown on the official map on file with the Division of Research and Statistics of the South Carolina Budget and Control Board designated as document M-31-13, and on copies filed with the Darlington County magistrates offices, and available on the Darlington County website.   /

Amend the bill further, as and if amended, pages 22 through 24, by striking lines 23 through 43 on page 22, striking lines 1 through 43 on page 23, and striking lines 1 through 5 on page 24, in Section 22-2-190, as contained in SECTION 1, and inserting therein the following:

/     (31) Lee County

(a)(1)   No. 1--Lucknow

West bounded by Lynches River, from Lynches River down to Highway 26, down Highway 26 to Highway 229, south by Highway 229 down to Highway 41 to Highway 34, then west to Scape Ore Swamp, from Scape Ore Swamp north westerly to Kershaw County line just south of Marshall's Church.

(2)   No. 2--Stokes Bridge

Bounded on north by Darlington County and on the east by Darlington County, from Darlington County line eastwardly following Highway 15 by Lynches River. This being southern boundary, eastern boundary being Lynches River, following Lynches River back to the Darlington County line.

(3)   No. 3--Cypress

West bounded by Darlington County, south by Darlington County line to Lynches River, following Lynches River northward to Highway 15, from Highway 15 then in an easterly direction on Highway 15 to the Lee and Darlington County line.

(4)   No. 4--Bishopville

On the eastern side is Lynches River starting at Highway 401, running north to junction of Merchant's Mill stream to junction of Highway 76, north to dirt road running westerly to junction of Highway 341, down 341 south to Merchant's Mill stream then in a westerly direction up Merchant's Mill stream to junction of Highway 283, to junction of Highway 21, to junction of Highway 229, south to Highway 41, north on Highway 41 to junction of Johnson's Pond thence westerly down Johnson's Pond stream to Scape Ore Swamp, down Scape Ore Swamp to junction of Highway 196 and Highway 38, thence south on Black River to Highway 401, thence following 401 in an easterly direction to Lynches River.

(5)   No. 5--Ionia

The eastern side is bounded by Kershaw County line, following Highway 25 in a westerly direction to Highway 242, in northerly direction on Highway 242 into junction with Highway 230, following 230 and intersection Highway 205, then follows and intersects Highway 29, then in northerly direction following Scape Ore Swamp to a point on Johnson's Mill Pond up to the junction of Highway 34.

(6)   No. 6--Spring Hill

Western boundary is part of Kershaw and Sumter Counties, southern boundary being Sumter County line, Highway 25 enters Kershaw County in an easterly direction and then ends at Highway 243. Highway 243 then goes down south to Highway 7, from there to junction of Highway 73, following Highway 73 in a southeasterly direction on 73 to a junction of 441 down 441 to the Rembert Church Swamp to the Sumter County line.

(7)   No. 7--Ashwood

Starting at the southern portion of Ashwood is Sumter County line at Scape Ore Swamp, by Scape Ore Swamp northerly to intersection of Highway 29 and by Highway 29 following intersection of Highway 205 and 173 down to Highway 231, in westerly direction on Highway 231 to intersection 242, then in southerly direction down 242 to intersection of Highway 7, following Highway 7 in a westerly direction to Highway junction 73, in southerly direction to Highway 441 and then down by Rembert Church Swamp to Highway 285, and to junction 15 on to the Lee and Sumter County line.

(8)   No. 8--St. Charles

Scape Ore Swamp in a northerly direction from Sumter County line to junction of Highway 196 and Highway 38, thence easterly on Highway 38 to a junction on Black River, thence following Black River in a southerly direction to the Sumter County line on Highway 76.

(9)   No. 9--Lynchburg

Starting at Highway 76 at the Sumter County line in a northerly direction to junction of Highway 401 easterly on Highway 401 to Lynches River, then on the eastern side is Lynches River, on the southern part is Sumter County.

(b)   The lines defining the magistrates jury areas provided in item (a) are as shown on the official map on file with the Division of Research and Statistics of the South Carolina Budget and Control Board designated as document M-61-13, and on copies filed with the Lee County magistrates offices, and available on the Lee County website.   /

Amend the bill further, as and if amended, page 26, by striking lines 17 through 23, in Section 22-2-190, as contained in SECTION 1, and inserting therein the following:

/     (34) Marlboro County

(a)(1)   Bennettsville--Wallace, Quicks Cross Roads, Brightsville, East Bennettsville, West Bennettsville, South Bennettsville, Red Hill

(2)   McColl--Adamsville, East McColl, McColl, Tatum

(3)   Clio--Clio

(4)   Brownsville--Blenheim, Brownsville

(b)   The lines defining the magistrates jury areas provided in item (a) are as shown on the official map on file with the Division of Research and Statistics of the South Carolina Budget and Control Board designated as document M-69-13, and on copies filed with the Marlboro County magistrates offices, and available on the Marlboro County website.   /

Renumber sections to conform.

Amend title to conform.

Senator LARRY MARTIN explained the committee amendment.

The question then was second reading of the Bill.

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

Ayes 42; Nays 0

AYES

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

Total--42

NAYS

Total--0

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

H. 3451 (Word version) -- Reps. Tallon, Cole, Forrester, Kennedy, Murphy, Pope, Rutherford and Weeks: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES THAT A PERSON MAY BE CHARGED ON A UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE OFFENSES OF SHOPLIFTING AND CRIMINAL DOMESTIC VIOLENCE MUST BE CHARGED ON A UNIFORM TRAFFIC TICKET.

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

Senators THURMOND and McELVEEN proposed the following amendment (JUD3451.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 38, and inserting:

/   Criminal Domestic Violence, First Offense and Second Offense   Section 16-25-20(B)(1) and (2)     /

Renumber sections to conform.

Amend title to conform.

Senator THURMOND explained the amendment.

The question then was second reading of the Bill, as amended.

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

Ayes 42; Nays 0

AYES

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

Total--42

NAYS

Total--0

The Bill was read the second time and ordered placed on the Third Reading Calendar.

H. 3538 (Word version) -- Reps. Bannister, Tallon, Sandifer, Hamilton, Erickson, Gambrell, Brannon, Allison, Felder and Weeks: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OR PURCHASE OF TOBACCO PRODUCTS FOR MINORS, SO AS TO INCLUDE ALTERNATIVE NICOTINE PRODUCTS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 16-17-501, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF RELEVANT TOBACCO PRODUCT FOR MINORS OFFENSES, SO AS TO DEFINE THE TERMS "ALTERNATIVE NICOTINE PRODUCT" AND "ELECTRONIC CIGARETTE"; AND TO AMEND SECTIONS 16-17-502, 16-17-503, AND 16-17-504, RELATING TO DISTRIBUTION OF TOBACCO PRODUCT SAMPLES, ENFORCEMENT AND REPORTING, AND IMPLEMENTATION, RESPECTIVELY, ALL SO AS TO MAKE CONFORMING CHANGES TO INCLUDE ALTERNATIVE NICOTINE PRODUCTS.

Senator SHEHEEN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

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

Ayes 42; Nays 2

AYES

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

Total--42

NAYS

Bright                    Bryant

Total--2

The Bill was read the second time and ordered placed on the Third Reading Calendar.

S. 732 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF COSMETOLOGY (EDUCATIONAL REQUIREMENTS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator MASSEY explained the Resolution.

The question then was second reading of the Resolution.

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

Ayes 40; Nays 2

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  McGill
Nicholson                 Peeler                    Rankin
Reese                     Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Bright                    Bryant

Total--2

The Resolution was read the second time and ordered placed on the Third Reading Calendar.

OBJECTION

S. 234 (Word version) -- Senators Coleman, Johnson and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT" WHICH PROVIDES THAT A TAXPAYER MAKING INVESTMENTS OF A CERTAIN SIZE IN REHABILITATING AN ABANDONED BUILDING MAY AT HIS OPTION RECEIVE SPECIFIED INCOME TAX CREDITS OR CREDITS AGAINST THE PROPERTY TAX LIABILITY.

Senator SHEHEEN explained the Bill.

Senator SHANE MARTIN objected to the Bill.

CARRIED OVER

H. 3540 (Word version) -- Reps. Harrell, J.E. Smith, Bales, Hosey, Cobb-Hunter, Bannister, J.R. Smith, Patrick, Brannon, Erickson, Taylor, Huggins, Kennedy, Ballentine, Bernstein, Sellers, Williams, Jefferson, M.S. McLeod, Atwater, Bowers, R.L. Brown, Cole, Douglas, George, Hixon, Long, McCoy, Mitchell, Pitts, Pope, G.R. Smith, Tallon, Wood, Weeks, Knight and Hart: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE ADJUTANT GENERAL TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE; TO AMEND SECTION 25-1-320, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT BEGINNING UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2014 GENERAL ELECTION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A FOUR-YEAR TERM COMMENCING ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY THAT FOLLOWS THE GENERAL ELECTION THAT MARKS THE MIDTERM OF THE GOVERNOR, EXCEPT THAT THE INITIAL TERM OF THE FIRST ADJUTANT GENERAL APPOINTED PURSUANT TO THIS ACT MUST BE FOR TWO YEARS SO AS TO ALLOW SUBSEQUENT TERMS TO BE STAGGERED WITH THAT OF THE GOVERNOR, AND TO ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF ADJUTANT GENERAL; TO AMEND SECTION 25-1-340, AS AMENDED, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE A REFERENCE TO THE ELIGIBILITY REQUIREMENTS OF CONSTITUTIONAL OFFICERS; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AMENDMENTS TO SECTION 7, ARTICLE VI, AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

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

H. 3360 (Word version) -- Reps. Owens, Daning, Hiott, Skelton, Simrill, Anthony, Bedingfield, Clemmons, Delleney, Hardwick, Henderson, Hixon, Limehouse, Nanney, Ott, Pope, G.R. Smith, J.E. Smith, Sottile, Stringer, Tallon, Taylor and Bales: A BILL TO AMEND SECTIONS 57-5-10, 57-5-70, AND 57-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE HIGHWAY SYSTEM, ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, AND THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS WITHIN THE STATE HIGHWAY SYSTEM SHALL BE CONSTRUCTED TO THE DEPARTMENT OF TRANSPORTATION STANDARDS, TO PROVIDE THE FUNDING SOURCES THAT THE DEPARTMENT USES TO CONSTRUCT AND MAINTAIN THESE HIGHWAYS, TO REVISE THE PROCEDURE AND WHEREBY ENTITIES TO WHICH THE DEPARTMENT MAY TRANSFER ROADS WITHIN THE STATE HIGHWAY SECONDARY SYSTEM; AND TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT MAY ADD A ROAD FROM THE COUNTY OR MUNICIPAL ROAD TO THE STATE HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO THE ESTABLISHMENT AND MAINTENANCE OF BELT LINES AND SPURS.

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

H. 3960 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-35 SO AS TO REQUIRE EMPLOYERS PARTICIPATING IN A MULTIPLE EMPLOYER SELF-INSURED HEALTH PLAN TO EXECUTE HOLD HARMLESS AGREEMENTS IN WHICH THE EMPLOYER AGREES TO PAY ALL UNPAID PORTIONS OF INSURED CLAIMS, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROVIDE FORMS THAT MUST BE USED FOR THESE AGREEMENTS, AMONG OTHER THINGS.

Senator CROMER explained the Bill.

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

H. 3774 (Word version) -- Reps. Loftis, Hardwick, Clemmons, Hamilton, Huggins, J.R. Smith, Goldfinch, Hixon, Ryhal, Sottile and Spires: A JOINT RESOLUTION TO SUSPEND THE RUNNING OF CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2017; AND TO PROVIDE GOVERNMENTAL ENTITIES ISSUING SUCH APPROVALS SHALL PUBLISH NOTICE IN THE STATE REGISTER LISTING THE TYPES OF THESE APPROVALS IT ISSUES AND NOTING THE SUSPENSION OF THE RUNNING OF THE PERIOD OF THE APPROVAL AND TO PROVIDE AN EXCEPTION FOR UNITS OF LOCAL GOVERNMENT.

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

H. 3746 (Word version) -- Reps. D.C. Moss and V.S. Moss: A CONCURRENT RESOLUTION TO RECOGNIZE NOVEMBER AS NATIONAL NATIVE AMERICAN HISTORY MONTH AND TO DECLARE NOVEMBER 18, 2013, AS NATIVE AMERICAN AWARENESS DAY IN SOUTH CAROLINA.

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

Senator O'DELL proposed the following amendment (3746R001.WHO), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 6-13.

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the amendment.

Senator RANKIN proposed the following amendment (JUD3746.001), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 26 through 34 and inserting therein the following:

/   American Awareness Day in South Carolina; and

Whereas, in order to properly serve the Native American and other minority interests in this State, the Commission for Minority Affairs needs and deserves the ability to meet, carry out its statutory duties, and conduct business on behalf of Native Americans and other minorities in this State, whether or not a quorum of the total membership of the Commission's board has been appointed or continues to serve in office;

Whereas, in order to clarify that it is the intent of the General Assembly that the Commission for Minority Affairs meet, carry out its statutory duties, and conduct business as provided in Chapter 31 of Title 1, notwithstanding any contrary opinion of law and whether or not a quorum of the total membership of the Commission's board has been appointed or continues to serve in office. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize November as National Native American History Month and declare November 18, 2013, as Native American Awareness Day in South Carolina.

That the Commission for Minority Affairs meet, carry out its statutory duties, and conduct business on behalf of Native Americans and other minorities as provided in Chapter 31, Title 1, notwithstanding any contrary opinion of law and whether or not a quorum of the total membership of the Commission's board has been appointed or continues to serve in office.     /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

There being no further amendments, the Concurrent Resolution was adopted, ordered returned to the House, as amended.

H. 4059 (Word version) -- Reps. Pitts, Clemmons, Loftis, Huggins, Erickson, J.R. Smith, Burns, Riley, Gambrell, Putnam, Merrill, Crosby, Kennedy, H.A. Crawford, Brannon, Hardee, Bedingfield, Quinn, Bingham, Finlay, Vick, G.R. Smith, Allison, Ballentine, Chumley, Daning, Delleney, Edge, Forrester, Gagnon, Goldfinch, Hamilton, Hardwick, Henderson, Hiott, Hixon, Hosey, Lowe, D.C. Moss, Murphy, Nanney, Newton, Norman, Ott, Patrick, Pope, Ridgeway, Simrill, G.M. Smith, Tallon, Taylor, Thayer, White, Willis and Wood: A CONCURRENT RESOLUTION EXPRESSING AN INVITATION FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO OUT-OF-STATE BUSINESSES INVOLVED IN THE MANUFACTURING OF FIREARMS AND AMMUNITION AND ACCESSORIES FOR FIREARMS TO CONSIDER LOCATING OR EXPANDING EXISTING OPERATIONS IN SOUTH CAROLINA AND TO GUARANTEE THAT SOUTH CAROLINA AND SOUTH CAROLINIANS WILL OFFER THEM A WARM WELCOME.
The Concurrent Resolution was adopted, ordered returned to the House.

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

MOTION FOR SPECIAL ORDER FAILED

H. 3945 (Word version) -- Reps. G.M. Smith, Harrell, Lucas, Bannister, Toole, Stringer, Hamilton, Sottile, Barfield, Bingham, Spires, Hardwick, Owens, Hiott, Long, Erickson, Murphy, Horne, Willis, Gagnon, Simrill, Funderburk and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 13, TITLE 8 SO AS TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON ETHICS ENFORCEMENT AND DISCLOSURE, TO PROVIDE FOR ITS POWERS, DUTIES, PROCEDURES, AND JURISDICTION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 13, TITLE 8 RELATING TO THE STATE ETHICS COMMISSION; TO REPEAL ARTICLE 5, CHAPTER 13, TITLE 8 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY DETERMINES THAT HE HAS A CONFLICT OF INTEREST, HE MUST COMPLY WITH CERTAIN REQUIREMENTS BEFORE ABSTAINING FROM ALL VOTES ON THE MATTER, AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL WHO IS REQUIRED TO RECUSE HIMSELF FROM A MATTER MUST DO SO; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL ENTITY, SO AS TO FURTHER DELINEATE WHAT IS CONSIDERED A CONTESTED CASE WHEN REPRESENTATION BY A MEMBER OF THE GENERAL ASSEMBLY IS PERMITTED; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY A MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN PARTICULAR SITUATIONS, SO AS TO DELETE A PROHIBITION AGAINST CERTAIN CONTRACTS WITH AN ENTITY FUNDED WITH GENERAL FUNDS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1318, RELATING TO ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, SO AS TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1338, RELATING TO PERSONS WHO MAY NOT SOLICIT CONTRIBUTIONS, SO AS TO INCLUDE THE HEAD OF ANY STATE AGENCY WHO IS SELECTED BY THE GOVERNOR, THE GENERAL ASSEMBLY, OR AN APPOINTED OR ELECTED BOARD; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, SO AS TO DELETE AN EXCEPTION FOR A COMMITTEE CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTIONS 8-13-1510 AND 8-13-1520, BOTH AS AMENDED, RELATING TO PENALTIES FOR ETHICAL AND OTHER VIOLATIONS, AND BY ADDING SECTION 8-13-1530 SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS AND FOR WHERE CERTAIN WILFUL VIOLATIONS MUST BE TRIED; AND TO REPEAL SECTIONS 8-13-710 AND 8-13-715 RELATING TO REPORTING OF PARTICULAR GIFTS AND AUTHORIZED REIMBURSEMENTS FOR SPEAKING ENGAGEMENTS.

Senator PEELER moved to make the Bill a Special Order.

Parliamentary Inquiry

Senator BRYANT made a Parliamentary Inquiry as to whether the motion was subject to debate.

The PRESIDENT stated that the motion was subject to brief remarks.

Senator BRYANT argued against the motion to make the Bill a Special Order.

Objection

Senator LOURIE asked unanimous consent to make a motion to suspend the rule to permit the Senator from Anderson to complete his remarks.

Senator LARRY MARTIN objected.

Objection

Senator SETZLER asked unanimous consent to make a motion to extend by five minutes the time for proponents and opponents to speak on the motion.

Senator LARRY MARTIN objected.

Senator LARRY MARTIN spoke in favor of the motion.

The question was the motion to set the Bill for Special Order.

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

Ayes 24; Nays 20

AYES

Alexander                 Bennett                   Campbell
Campsen                   Cleary                    Coleman
Courson                   Cromer                    Fair
Gregory                   Grooms                    Hayes
Lourie                    Martin, Larry             Massey
McElveen                  Peeler                    Rankin
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Young

Total--24

NAYS

Allen                     Bright                    Bryant
Corbin                    Davis                     Ford
Hutto                     Jackson                   Johnson
Leatherman                Malloy                    Martin, Shane
Matthews                  McGill                    Nicholson
O'Dell                    Reese                     Scott
Setzler                   Williams

Total--20

Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.

Senator CROMER, Chairman of the Committee on Rules, moved under the provisions Rule 32B to take up H. 3945 in the ordinary course of business after Special Orders.

Point of Order

Senator SHANE MARTIN raised a Point of Order that the Bill had not been on the Calendar for six statewide legislative days.

The PRESIDENT overruled the Point of Order.

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

Ayes 31; Nays 14

AYES

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Cleary                    Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Leatherman                Lourie
Martin, Larry             Martin, Shane             Massey
McElveen                  O'Dell                    Peeler
Rankin                    Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Young

Total--31

NAYS

Allen                     Coleman                   Ford
Hutto                     Jackson                   Johnson
Malloy                    Matthews                  McGill
Nicholson                 Reese                     Scott
Setzler                   Williams

Total--14

The motion under Rule 32B was adopted.

RECALLED

H. 3101 (Word version) -- Reps. Chumley, Taylor, G.R. Smith, Huggins, Wells, Henderson, Crosby, Atwater, Long, Wood, Toole, Willis, Clemmons, Hardwick, Hardee, Goldfinch, Bedingfield, D.C. Moss, Loftis, Nanney, Pitts, Putnam, V.S. Moss, Owens, Barfield, H.A. Crawford, Stringer, Hamilton, Burns, Tallon, Kennedy, Allison, Murphy, Delleney, Horne, Daning and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FREEDOM OF HEALTH CARE PROTECTION ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO RENDER NULL AND VOID CERTAIN UNCONSTITUTIONAL LAWS ENACTED BY THE CONGRESS OF THE UNITED STATES TAKING CONTROL OVER THE HEALTH INSURANCE INDUSTRY AND MANDATING THAT INDIVIDUALS PURCHASE HEALTH INSURANCE UNDER THREAT OF PENALTY; TO PROHIBIT CERTAIN INDIVIDUALS FROM ENFORCING OR ATTEMPTING TO ENFORCE SUCH UNCONSTITUTIONAL LAWS; AND TO ESTABLISH CRIMINAL PENALTIES AND CIVIL LIABILITY FOR VIOLATING THIS ARTICLE.

Senator BRYANT moved to recall the Bill from the Committee on Finance.

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

Ayes 26; Nays 19

AYES

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Martin, Larry             Martin, Shane             O'Dell
Peeler                    Rankin                    Reese
Shealy                    Thurmond                  Turner
Verdin                    Young

Total--26

NAYS

Allen                     Campsen                   Cleary
Ford                      Hutto                     Jackson
Johnson                   Leatherman                Lourie
Malloy                    Massey                    Matthews
McElveen                  McGill                    Nicholson
Scott                     Setzler                   Sheheen
Williams

Total--19

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

The PRESIDENT stated that the time allocated for the Motion Period had expired.

RECESS

At 12:35 P.M., on motion of Senator COURSON, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:15 P.M. and was called to order by the PRESIDENT.

Senator SHANE MARTIN moved to extend the Motion Period.

Point of Order

Senator LARRY MARTIN raised a Point of Order that the motion was out of order inasmuch as the PRESIDENT had indicated that the Motion Period had expired.

Senators SHANE MARTIN, LEATHERMAN and PEELER spoke on the Point of Order.

The PRESIDENT sustained the Point of Order and indicated that intervening business would preclude making a motion to extend the Motion Period.

Expression of Personal Interest

Senator LOURIE rose for an Expression of Personal Interest.

MOTION UNDER RULE 32A FAILED

Senator SHANE MARTIN moved under Rule 32A to revert back to the Motion Period.

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

Ayes 11; Nays 32

AYES

Bright                    Bryant                    Corbin
Davis                     Fair                      Ford
Grooms                    Malloy                    Martin, Shane
Sheheen                   Verdin

Total--11

NAYS

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Gregory                   Hayes
Hembree                   Hutto                     Jackson
Johnson                   Leatherman                Lourie
Martin, Larry             Massey                    Matthews
McElveen                  McGill                    Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Thurmond                  Turner
Williams                  Young

Total--32

Having failed to receive the necessary vote, the motion under Rule 32A failed.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

AMENDMENT PROPOSED, CARRIED OVER

S. 460 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-45-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF DUE CARE THAT A SURPLUS LINES INSURANCE BROKER MUST EXERCISE WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, SO AS TO EXEMPT THOSE BROKERS FROM THIS REQUIREMENT WHEN SEEKING TO PROCURE OR PLACE NONADMITTED INSURANCE FOR AN EXEMPT COMMERCIAL PURCHASER IN CERTAIN CIRCUMSTANCES.

The House returned the Bill with amendments.

Amendment No. RFH-1

Senator HUTTO proposed the following amendment (460MW1):

Amend the bill, as and if amended, page 1, by striking line 36 and inserting the following:

/   state, that it is solvent meets at least the minimum capital and surplus         /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO spoke on the amendment.

Senator COURSON moved under Rule 14 to carry over the Bill, with Senator HUTTO retaining the floor.

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

Ayes 24; Nays 21

AYES

Alexander                 Bennett                   Campbell
Campsen                   Cleary                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Leatherman                Martin, Larry
Massey                    O'Dell                    Peeler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Young

Total--24

NAYS

Allen                     Bright                    Bryant
Coleman                   Corbin                    Ford
Hutto                     Jackson                   Johnson
Lourie                    Malloy                    Martin, Shane
Matthews                  McElveen                  McGill
Nicholson                 Pinckney                  Reese
Scott                     Setzler                   Williams

Total--21

The Bill was carried over, with Senator HUTTO retaining the floor.

On motion of Senator GROOMS, with unanimous consent, Senators FORD, CAMPSEN and GROOMS were granted leave to attend a meeting, be counted in any quorum calls and be granted leave to vote from the balcony.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

H. 3711 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2012-2013, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.

Amendment No. P-2

Senator HUTTO proposed the following amendment (CBH.CAPITALRESERVE.LOAN):

Amend the committee report, as and if amended, page [3711-1] by striking line 34 in its entirety and inserting:

/School Bus Lease and Purchase                   \$30,670,000/

Further amend the committee report, as and if amended, page [3711-3], by striking lines 10-13.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Objection

Senator CROMER asked unanimous consent to make a motion to carry over all amendments to third reading, all members reserving their rights, and give the Bill a second reading.

Senator MATTHEWS objected.

Senator HUTTO explained the amendment.

Motion Under Rule 15A Failed

At 6:01 P.M., Senator LARRY MARTIN moved under the provisions of Rule 15A to vote on the entire matter of H. 3711.

At 6:01 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 17; Nays 26

AYES

Alexander                 Campbell                  Campsen
Cleary                    Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Hayes                     Hembree
Martin, Larry             Peeler                    Shealy
Turner                    Young

Total--17

NAYS

Allen                     Bennett                   Bright
Bryant                    Coleman                   Ford
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Shane             Matthews                  McElveen
McGill                    O'Dell                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Sheheen                   Thurmond
Verdin                    Williams

Total--26

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator HUTTO resumed speaking on the amendment.

Senator COURSON moved that when the Senate adjourns today, it stand adjourned to meet at 10:00 A.M. tomorrow.

Senator HUTTO moved that the Senate stand adjourned.

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

Ayes 28; Nays 15

AYES

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Fair                      Ford                      Hayes
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Matthews                  McElveen                  McGill
O'Dell                    Pinckney                  Reese
Scott                     Setzler                   Sheheen
Williams

Total--28

NAYS

Bright                    Corbin                    Cromer
Davis                     Gregory                   Hembree
Martin, Larry             Martin, Shane             Massey
Peeler                    Shealy                    Thurmond
Turner                    Verdin                    Young

Total--15

On motion of Senator HUTTO, debate was interrupted by adjournment.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Newberry County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Barry Koon, 14149 C. R. Koon Highway, Newberry, SC 29108

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015

Toney L. Farr, Sr., 710 Howell Rd., Jonesville, SC 29353 VICE Leslie Anderson

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014

Erin Gentry Vaux, 71 Gascoigne Bluff Rd., Bluffton, SC 29910 VICE Stephen P. Wilson

On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Cheryl D. Laney of Dalzell, S.C., who passed away after a long battle with ovarian cancer. She was the beloved wife of Thomas Laney, and devoted mother to her son, "Ed" and his wife, Rangeley.

and