Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 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:
Over and over in the opening chapter of the book, Joshua, Joshua himself is admonished by the Lord God to:
"Be strong and courageous." (Joshua 1:9b)
Bow with me in prayer, please:
O God, the people of South Carolina remain hopeful even during these challenging days. And it is the collective prayer of all South Carolinians that this will be the year when "hope" is made real -- made real through the collective efforts of everyone in this Senate, hope made real for the benefit of every person throughout the counties of this State. May this become reality, Lord, by means of the strength and courage and hard work of each Senator serving in this body as they do those things which are just, and reasonable, and right. In Your loving name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Initial Appointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Bobby D. Beattie, Post Office Box 416, Gaffney, SC 29341 VICE Barry Medley
Reappointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Bobby D. Beattie, Post Office Box 416, Gaffney, SC 29341
Initial Appointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Charlene S. Clary, 408 Grace Street, Gaffney, SC 29340 VICE Steve Bratton
Reappointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Charlene S. Clary, 408 Grace Street, Gaffney, SC 29340
Reappointment, Chester County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Robert Lonnie Sloan, 2740 Dawson Drive, Chester, SC 29706
Initial Appointment, Clarendon County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Ram T. Coker, 3190 Clarence Coker Highway, Turbeville, SC 29162 VICE Lacey Coker
Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Marcia Nanette Frye, 3775 Summerton Hwy., Summerton, SC 29148
Initial Appointment, Greenwood County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Donald J. Ryerson, 706 Wingert Road, Greenwood, SC 29649 VICE Jeffrey Constant
Initial Appointment, Lee County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Stephen C. Moses, 91 Moses Road, Bishopville, SC 29010 VICE Deborah Austin
Senator GREGORY introduced Dr. Andrew Pate of Mt. Pleasant, S.C., Doctor of the Day.
On motion of Senator NICHOLSON, at 12:05 P.M., Senator O'DELL was granted a leave of absence for the balance of the day.
The following co-sponsors were added to the respective Bills:
S. 1001 (Word version) Sen. Rose
S. 1015 (Word version) Sen. Rose
S. 1022 (Word version) Sen. Rose
S. 1038 (Word version) Sen. Setzler
S. 1045 (Word version) Sen. Rose
S. 1049 (Word version) Sen. Rose
S. 1051 (Word version) Sen. Rose
S. 1058 (Word version) Sen. Rose
S. 1062 (Word version) Sen. Rose
S. 1090 (Word version) Sen. Cromer
S. 1095 (Word version) Sen. Courson
The following were introduced:
S. 1096 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO CELEBRATE THE MAULDIN HIGH SCHOOL COMPETITIVE CHEER TEAM ON CAPTURING THE 2011 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO SALUTE THE TEAM AND COACHES ON ANOTHER SECOND-TO-NONE SEASON.
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The Senate Resolution was adopted.
S. 1097 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO APPLAUD THE MAULDIN HIGH SCHOOL GIRLS TENNIS TEAM FOR WINNING THE 2011 CLASS AAAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 1098 (Word version) -- Senators Bright, Bryant, Davis, Grooms, McConnell, Massey, Rose, Campsen, Fair, S. Martin, Shoopman and Knotts: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION
FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Senator BRIGHT spoke on the Resolution.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1099 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-650 SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF JUVENILE PAROLE SHALL RECEIVE A HEARING FEE.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 1100 (Word version) -- Senators McGill and Cleary: A BILL TO AMEND SECTION 4-10-330 OF THE 1976 CODE, RELATING TO THE CAPITAL PROJECT SALES TAX ACT, TO PROVIDE THAT THE AUTHORIZED PROJECTS THAT ARE ALLOWED TO BE FUNDED BY A COUNTY CAPITAL PROJECT SALES TAX TO INCLUDE DREDGING, DEWATERING, CONSTRUCTION OF SPOIL SITES, AND DISPOSAL OF SPOIL MATERIALS.
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Read the first time and referred to the Committee on Finance.
S. 1101 (Word version) -- Senators Sheheen, Malloy, Land, Leventis, Scott, Hutto, Nicholson, McGill, Setzler, Ford, Matthews, Reese and Anderson: A BILL TO AMEND CHAPTER 2, TITLE 12 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING TAXATION AND THE DEPARTMENT OF REVENUE, BY ADDING SECTION 12-2-110, TO PROVIDE THAT THE DEPARTMENT MUST DEVELOP A CHART TO REFLECT THE PROPORTION OF APPROPRIATIONS FOR CERTAIN APPROPRIATIONS CATEGORIES TO TOTAL STATE APPROPRIATIONS AND TO DEVELOP A CHART TO REFLECT THE PROPORTION OF CATEGORIZED REVENUE SOURCES TO THE TOTAL REVENUE USED IN THE ANNUAL APPROPRIATIONS ACT, AND TO PROVIDE THAT THE CHARTS MUST BE DISPLAYED ON INCOME TAX FORMS,
INCOME TAX FORM INSTRUCTION BOOKLETS, AND IN CONFIRMATION E-MAILS FOR INCOME TAX RETURNS FILED ELECTRONICALLY; AND TO AMEND CHAPTER 54, TITLE 12, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, BY ADDING SECTION 12-54-255, TO REQUIRE THAT THE DEPARTMENT OF REVENUE SEND A CONFIRMATION E-MAIL FOR ALL INCOME TAX RETURNS FILED ELECTRONICALLY, AND TO REQUIRE THAT THE CONFIRMATION E-MAIL CONTAIN THE CHARTS REQUIRED BY SECTION 12-2-110.
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Read the first time and referred to the Committee on Finance.
S. 1102 (Word version) -- Senator Massey: A JOINT RESOLUTION TO AUTHORIZE THE STATE ELECTION COMMISSION TO RECEIVE FUNDS FROM A POLITICAL PARTY FOR WHICH THE COMMISSION CONDUCTED A PRESIDENTIAL PRIMARY IN 2012 AND TO REQUIRE THE COMMISSION TO USE THE FUNDS TO REIMBURSE COUNTIES OR COUNTY ELECTION COMMISSION FOR REASONABLE EXPENSES DIRECTLY RESULTING FROM THE PRIMARY.
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Read the first time and referred to the Committee on Judiciary.
S. 1103 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-190 SO AS TO PROVIDE THAT A CITY, COUNTY, MUNICIPALITY, OR OTHER LOCAL GOVERNMENTAL ENTITY MAY NOT ENACT OR ENFORCE AN ORDINANCE, POLICY, OR REGULATION THAT PROHIBITS A RESIDENCE OR A BUSINESS FROM INSTALLING, ERECTING, OR CONSTRUCTING A SOLAR ENERGY PRODUCTION SYSTEM THAT WOULD GENERATE ELECTRICAL POWER EXCLUSIVELY FOR THAT RESIDENCE OR BUSINESS.
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Read the first time and referred to the Committee on Judiciary.
S. 1104 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO AMEND RULE 19H OF THE RULES OF THE SENATE, RELATING TO THE REGULAR MEETING TIMES FOR
STANDING COMMITTEES WHEN THE GENERAL ASSEMBLY IS IN SESSION, TO CHANGE THE MEETING TIME FOR THE AGRICULTURE AND NATURAL RESOURCES COMMITTEE FROM 10:00 A.M. ON THE SECOND AND FOURTH WEDNESDAY OF EACH MONTH TO 9:30 A.M. ON THE SECOND AND FOURTH THURSDAY OF EACH MONTH.
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The Senate Resolution was introduced and referred to the Committee on Rules.
S. 1105 (Word version) -- Senators Setzler and Pinckney: A SENATE RESOLUTION TO CONGRATULATE ROBERT W. BEDELL III OF LEXINGTON COUNTY UPON HIS RETIREMENT AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF SOUTHERN MUTUAL CHURCH INSURANCE COMPANY, AND TO WISH HIM MUCH FULFILLMENT AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 3236 (Word version) -- Reps. Daning and G. R. Smith: A BILL TO AMEND SECTION 59-65-10 AND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPULSORY EDUCATION FOR SOUTH CAROLINA SCHOOL CHILDREN AND THE EXCEPTION TO THE REQUIREMENT, RESPECTIVELY, SO AS TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS AS AN AUTHORIZER OF SCHOOLS THAT CHILDREN MAY ATTEND WITHIN THE COMPULSORY EDUCATION REQUIREMENT.
Read the first time and referred to the Committee on Education.
H. 3495 (Word version) -- Rep. Alexander: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND COST EFFECTIVENESS OF CONSOLIDATING SCHOOL DISTRICTS WITHIN THE INDIVIDUAL COUNTIES OF THIS STATE, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE AND FOR ITS MEMBERSHIP, AND TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 31, 2012, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Read the first time and referred to the Committee on Education.
H. 4336 (Word version) -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO USE THEIR BEST EFFORTS TO HAVE INCLUDED IN THE 2012 FEDERAL BUDGET ADEQUATE FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS TO CONDUCT MAINTENANCE DREDGING OF THE PORT OF GEORGETOWN; AND TO ALSO REQUEST OUR STATE'S CONGRESSIONAL DELEGATION TO HAVE INCLUDED IN THE 2012 FEDERAL BUDGET FUNDING FOR THE U. S. ARMY CORPS OF ENGINEERS TO CONDUCT A FEASIBILITY STUDY REGARDING THE DEEPENING OF CHARLESTON HARBOR TO AT LEAST FIFTY FEET SO THAT IT CAN ACCOMMODATE LARGER CONTAINER SHIPS EXPECTED TO CALL AT THE PORT WHEN THE EXPANSION OF THE PANAMA CANAL OPENS IN 2014.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4342 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 77 AND SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY "HARRY 'H. B.' RUTHERFORD, SR., INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "HARRY 'H. B.' RUTHERFORD, SR., INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4590 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sellers, Hosey, Clyburn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss,
Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF DR. SPENCER C. "DOC" DISHER, JR., OF ORANGEBURG AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4602 (Word version) -- Reps. Harrell, Lucas, Hardwick, Harrison, Howard, Owens, Sandifer, White, Bingham and Ott: A CONCURRENT RESOLUTION INVITING HER EXCELLENCY, NIKKI HALEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 18, 2012, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:
S. 168 (Word version) -- Senators Shoopman, Verdin and Leventis: A BILL TO AMEND SECTION 16-11-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR CUTTING, REMOVING, OR TRANSPORTING TIMBER PRODUCTS WITHOUT THE CONSENT OF THE LANDOWNER, SO AS TO INCREASE THE PENALTY FROM FIVE HUNDRED DOLLARS TO FIFTEEN HUNDRED DOLLARS IF THE VALUE OF THE TIMBER IS ONE THOUSAND DOLLARS OR LESS AND TO ESTABLISH MINIMUM AND MAXIMUM PENALTIES FOR TIMBER PRODUCTS VALUED AT MORE THAN ONE THOUSAND DOLLARS BUT LESS THAN FIVE THOUSAND
DOLLARS AND FOR TIMBER PRODUCTS VALUED AT FIVE THOUSAND DOLLARS OR MORE.
Ordered for consideration tomorrow.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 1048 (Word version) -- Senators Verdin and Elliott: A CONCURRENT RESOLUTION TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD ECONOMIES THROUGHOUT SOUTH CAROLINA BY SUPPORTING STATE POLICIES THAT ENCOURAGE STATE AGENCIES, STATE-OWNED FACILITIES, AND STATE PARTNERS TO PURCHASE LOCAL SOUTH CAROLINA FARM OR FOOD PRODUCTS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2011, and to expire June 30, 2015
At-Large Doctor:
Katherine Davis, 520 Oakbrook Drive, Columbia, SC 29223 VICE Kelly Floyd
Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2009, and to expire December 31, 2013
Public:
Anne Smoak Crook, 717 H. C. Raysor Drive, St. Matthews, SC 29135
Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2009, and to expire December 31, 2013
Public:
James Edward Mallory, 117 Summercourt Drive, Summerville, SC 29485 VICE Trey Pennington
Ordered for consideration tomorrow.
Columbia, S.C., January 12, 2012
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3095 (Word version) -- Reps. Clemmons, Erickson, Stavrinakis, McCoy, Bowen, Sandifer, Whitmire, Hixon, J.R. Smith, Allison, Long, Toole, Weeks, Atwater, Hardwick, Agnew, Govan and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-70 SO AS TO PROVIDE CERTAIN DEFINITIONS RELATED TO TRANSFER FEE COVENANTS, TO STATE CERTAIN FINDINGS RELATED TO TRANSFER FEE COVENANTS, TO PROVIDE A TRANSFER FEE COVENANT RECORDED AFTER THE EFFECTIVE DATE OF THIS SECTION, OR ANY LIEN TO THE EXTENT THAT IT PURPORTS TO SECURE THE PAYMENT OF A TRANSFER FEE, IS NOT BINDING ON OR ENFORCEABLE AGAINST THE AFFECTED REAL PROPERTY OR ANY SUBSEQUENT OWNER, PURCHASER, OR MORTGAGEE OF ANY INTEREST IN THE PROPERTY, AND TO PROVIDE THE SECTION DOES NOT IMPLY THAT A TRANSFER FEE COVENANT RECORDED BEFORE THE EFFECTIVE DATE OF THIS SECTION IS VALID OR ENFORCEABLE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 12, 2012
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4005 (Word version) -- Reps. Corbin, Hardwick, Stringer, Loftis, Ryan, Bannister, Agnew, Barfield, V.S. Moss, Thayer, Murphy, Hearn, Norman, Gambrell, Sottile, Limehouse, Chumley, Bikas, Crawford, Clemmons, Crosby, Daning, Delleney, Hamilton, Hayes, Hixon, Hodges, D.C. Moss, Nanney, Owens, Patrick, Pinson, Pitts, Pope, Simrill, G.R. Smith, J.R. Smith, Tallon, Taylor, White and Young: A
BILL TO AMEND SECTION 39-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO PROVIDE A DEFINITION FOR THE TERM "HONEY" AND TO PROVIDE LABELING REQUIREMENTS FOR HONEY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3895 (Word version) -- Reps. Tallon, Bannister, Brantley, Allison, Parker, Chumley, Knight, Brannon, Hearn, Allen, Sellers, Bowen, Corbin, Patrick, Cole, Dillard, Erickson, Forrester, Henderson, Herbkersman, McCoy, Mitchell, V.S. Moss, Pinson, Rutherford, Sabb, G.R. Smith, Thayer, Tribble, Willis and King: A BILL TO AMEND SECTION 17-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEARANCE BONDS, SO AS TO PROVIDE THAT AN APPEARANCE BOND IS VALID FOR A CERTAIN TIME PERIOD IN CIRCUIT AND MAGISTRATES OR MUNICIPAL COURTS UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE A PROCEDURE TO RELIEVE THE SURETY OF LIABILITY WHEN THE TIME PERIOD HAS RUN.
Senators BRIGHT and BRYANT desired to be recorded as voting against the third reading of the Bill.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3864 (Word version) -- Reps. Hardwick, Quinn, Barfield, Hearn, Tallon, Herbkersman, Hiott, Hodges, G.M. Smith, Pinson, Ballentine, D.C. Moss, Mitchell, J.H. Neal, R.L. Brown, Whipper, Toole, Forrester, Butler Garrick, Hayes, Chumley, J.E. Smith, Atwater, Owens, Bikas, Crosby, Hixon, Murphy, Stringer, Clemmons, Pitts, Edge, Viers, Dillard, Ryan, Vick, J.R. Smith, Knight, Long, Huggins, Ott and Weeks: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FISHING GENERALLY, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO GOVERN CERTAIN FISHING ACTIVITIES IN THE FRESHWATERS OF THIS STATE AND TO PROVIDE PENALTIES FOR SPECIFIC VIOLATIONS; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN REGULATION OF AND THE PROTECTION FOR FRESHWATER GAME FISH; TO AMEND ARTICLE 13, CHAPTER 13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES, BY ADDING SECTION 50-13-1995 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PERMIT THE FEDERAL GOVERNMENT TO CONDUCT FISH AND SCIENTIFIC INVESTIGATIONS IN THE WATERS OF THIS STATE IN CONNECTION WITH HATCHERY OPERATIONS OR MANAGEMENT OF THOSE SPECIES UNDER FEDERAL JURISDICTION; AND TO REPEAL SECTIONS 50-13-610 RELATING TO LAWFUL TAKING OF FISH IN GAME ZONE NO. 1; 50-13-620 RELATING TO PENALTIES APPLICABLE TO FISHING VIOLATIONS IN GAME ZONE NO. 1; 50-13-680 RELATING TO PERMITS REQUIRED FOR TAKING FISH IN CERTAIN PONDS IN MARLBORO COUNTY; 50-13-690 RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; 50-13-730 RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN THE FRESHWATERS OF THIS STATE; AND 50-13-2010 RELATING TO THE SHELLEY LAKE FISH SANCTUARY IN MARION COUNTY.
Senator CROMER explained the Bill.
H. 3865 (Word version) -- Reps. Hardwick, Quinn, Barfield, Hearn, Tallon, Ballentine, D.C. Moss, Mitchell, J.H. Neal, Hodges, G.M. Smith, Pinson, Herbkersman, Hiott, R.L. Brown, Whipper, Forrester, Toole, Hayes, Butler Garrick, Chumley, J.E. Smith, Atwater, Huggins,
Clemmons, Pitts, Edge, Dillard, Ryan, Vick, J.R. Smith, Knight, Long, Crosby, Hixon, Murphy, Stringer, Owens, Bikas, Viers, Ott and Weeks: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL FISH AND GAME PROVISIONS, BY ADDING SECTION 50-1-160 SO AS TO PERMIT THE DEPARTMENT TO RELEASE A SEIZED VEHICLE, BOAT, MOTOR, OR FISHING DEVICE UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 3, CHAPTER 13, TITLE 50, RELATING TO USE OF SEINES, TRAPS, AND LIKE DEVICES, SO AS TO REVISE AND FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE DEVICES MAY BE USED AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 5 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN UNLAWFUL FRESHWATER ACTIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 6, CHAPTER 13, TITLE 50, RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO FURTHER PROVIDE FOR THE USE OF NONGAME FISHING DEVICES AND THE TAKING OF NONGAME FISH IN THE FRESHWATERS OF THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS AND FOR SPECIFIED EXCEPTIONS TO THESE PROVISIONS; TO AMEND ARTICLE 11, CHAPTER 13, TITLE 50, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO REVISE CERTAIN PROVISIONS IN THE ARTICLE PERTAINING TO PROHIBITED PRACTICES IN REGARD TO THE SALE OR TRAFFICKING IN FISH AND ADD OTHER PROVISIONS WITH PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES AND PROPAGATION, SO AS TO REVISE AND FURTHER PROVIDE FOR ACTIONS THE DEPARTMENT MAY TAKE IN REGARD TO FISH HATCHERIES, SANCTUARIES, AND THE PROPAGATION OF FISH AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 19, TITLE 50, RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION, SO AS TO DELETE THE PROVISIONS OF THE ARTICLE AND INSTEAD PROVIDE FOR THE PERMITTED USE OF NONGAME DEVICES ON THE LITTLE PEE DEE RIVER FOR A PERIOD OF THREE YEARS; AND TO REPEAL SECTIONS 50-13-1450 RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH; 50-13-385 RELATING TO
MINIMUM SIZE FOR LARGE MOUTH BASS IN LAKE WYLIE; 50-13-390 RELATING TO DAILY LIMIT ON ARKANSAS BLUE CATFISH; AND 50-13-400 RELATING TO LAKE MURRAY CRAPPIE CREEL AND SIZE LIMITS.
Senator CROMER explained the Bill.
Senators BRIGHT and BRYANT desired to be recorded as voting against the third reading of the Bill.
S. 1093 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, THE HONORABLE THOMAS BEE, TO CELEBRATE AND ACKNOWLEDGE HIS SIGNIFICANT, PATRIOTIC CONTRIBUTIONS TO THE SUCCESSFUL FORMATION OF OUR STATE AND NATION, AND TO DECLARE JANUARY 14, 2012, "THOMAS BEE DAY" IN SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 1023 (Word version) -- Senators McConnell, Knotts and Nicholson: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 1, 2012, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, SEAT 4, WHOSE TERM WILL EXPIRE JULY 31, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM WILL EXPIRE JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE
CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES ON JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES ON JUNE 30, 2012; AND TO ELECT A SUCCESSOR TO THE ADMINISTRATIVE LAW COURT, SEAT 2, WHOSE TERM EXPIRES ON JUNE 30, 2012.
Senator McCONNELL explained the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 593 (Word version) -- Senators Hayes, Campsen and Ford: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE THE DEFINITIONS OF "COMMITTEE", "NONCANDIDATE COMMITTEE", AND "BALLOT MEASURE COMMITTEE", AND TO ADD A DEFINITION OF "INDEPENDENT EXPENDITURE COMMITTEE".
On motion of Senator LARRY MARTIN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LARRY MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.
The Honorable Ken Ard
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate,
I am vetoing S.877 (Word version), R72, a Bill that would allow the Hampton County School District No. 2 to issue general obligation bonds for school operation expenses to defray the loss of stimulus funds.
As stated in my letter to the General Assembly on May 17, 2011, my objection to this type of legislation is based on basic principles of finance - we should not fund short-term operational costs with long-term debt backed by taxpayers. Having disastrous effects in other states, like California, such financing schemes are simply unsustainable, which turn debt-service into a back-door education tax that allows local school districts to live outside of their means. Rather than relying on a finite stream of one-time stimulus funds for recurring expenses, school districts should have better managed their budgets and prepared for the end of this funding source.
While we are sympathetic to schools and local governments struggling through tough economic times, we cannot support further burdening taxpayers who are also struggling to make ends meet.
For these reasons, I am vetoing S.877, R72.
Sincerely,
Nikki R. Haley
(R72, S877 (Word version)) -- Senator Pinckney: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICT NO. 2 OF HAMPTON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
The veto of the Governor was taken up for immediate consideration.
Senator PINCKNEY spoke on the veto.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Coleman Ford Hutto Jackson Leventis Lourie Malloy Matthews McGill Nicholson Pinckney Scott Setzler Williams
Alexander Bright Bryant Campbell Campsen Cleary Courson Cromer Davis
Fair Gregory Grooms Hayes Knotts Leatherman Martin, Larry Martin, Shane Massey McConnell Peeler Rankin Reese Rose Ryberg Shoopman Thomas Verdin
Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., June 14, 2011
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.79, H. 4149 by a vote of 2 to 1:
(R79, H4149 (Word version)) -- Reps. Hodges and R.L. Brown: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Very respectfully,
Speaker of the House
Received as information.
(R79, H4149 (Word version)) -- Reps. Hodges and R.L. Brown: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL
OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
The veto of the Governor was taken up for immediate consideration.
Senator PINCKNEY spoke on the veto.
Senator CAMPSEN spoke on the veto.
Senator PINCKNEY moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Coleman Ford Hutto Jackson Leventis Lourie Malloy Matthews McGill Nicholson Pinckney Reese Scott Williams
Alexander Bright Bryant Campbell Campsen Cleary Courson Cromer Davis Fair Gregory Grooms Hayes Knotts Leatherman Martin, Larry Martin, Shane Massey
McConnell Peeler Rankin Rose Ryberg Shoopman Thomas Verdin
Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3066 (Word version) -- Reps. G.R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G.M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D.C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250,
1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED, 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P5 (3066R005.CBH) proposed by Senators HUTTO and FORD.
Senator LARRY MARTIN spoke on the Bill.
On motion of Senator LARRY MARTIN, debate was interrupted by adjournment.
Having received a favorable report from the Medical Affairs Committee, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2011, and to expire June 30, 2015
At-Large Doctor:
Katherine Davis, 520 Oakbrook Drive, Columbia, SC 29223 VICE Kelly Floyd
Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2009, and to expire December 31, 2013
Public:
Anne Smoak Crook, 717 H. C. Raysor Drive, St. Matthews, SC 29135
Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2009, and to expire December 31, 2013
Public:
James Edward Mallory, 117 Summercourt Drive, Summerville, SC 29485 VICE Trey Pennington
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Lee County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Stephen C. Moses, 91 Moses Road, Bishopville, SC 29010 VICE Deborah Austin
Reappointment, Chester County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Robert Lonnie Sloan, 2740 Dawson Drive, Chester, SC 29706
Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Marcia Nanette Frye, 3775 Summerton Hwy., Summerton, SC 29148
Initial Appointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Charlene S. Clary, 408 Grace Street, Gaffney, SC 29340 VICE Steve Bratton
Reappointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Bobby D. Beattie, Post Office Box 416, Gaffney, SC 29341
Initial Appointment, Greenwood County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Donald J. Ryerson, 706 Wingert Road, Greenwood, SC 29649 VICE Jeffrey Constant
Initial Appointment, Clarendon County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Ram T. Coker, 3190 Clarence Coker Highway, Turbeville, SC 29162 VICE Lacey Coker
Reappointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Charlene S. Clary, 408 Grace Street, Gaffney, SC 29340
Initial Appointment, Cherokee County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
Bobby D. Beattie, Post Office Box 416, Gaffney, SC 29341 VICE Barry Medley
On motion of Senators RANKIN and McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Mark Ewing McDandel of Myrtle Beach, S.C., beloved husband of Linda C. McDandel and devoted father of Robert Mann III. He will be missed by his family, friends and the community.
At 12:45 P.M., on motion of Senator LARRY MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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