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


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Wednesday, May 1, 2013
(Statewide Session)

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:

To Moses the Lord commanded:

" 'Do not come any closer... Take off your sandals, for the place where you are standing is holy ground'."     (Exodus 3:5)

Join me as we pray:

O God, it may be difficult to think of this Chamber as "holy ground." Nonetheless, it indeed has been and is a special place for the people of South Carolina. For decades in this room faithful women and men who have served our State as Senators have debated and determined matters of great importance. The portraits of Senators which line the walls, the memories of many, many more who have served, and the service of the lady and the men who presently labor here attest to the fact that this is not just an ordinary room, and not just because it is artful and beautiful in appearance. Here in this State House one can truly feel that this place is "holy ground." Bless the Senators and the staff members who labor here in this special place. In Your wondrous name we pray, Lord.
Amen.

RECESS

At 11:04 A.M., on motion of Senator CROMER, the Senate receded from business not to exceed five minutes.

At 11:15 A.M., the Senate resumed.

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

Leave of Absence

At 11:04 A.M., Senator COURSON requested a leave of absence until 11:00 A.M. on Thursday, May 2, 2013.

OBJECTION

Senator MASSEY asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Third Reading


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Calendar and take up for immediate consideration all uncontested Senate Bills on the Third Reading Calendar.

Senator SCOTT objected.

OBJECTION

Senator MASSEY asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Third Reading Calendar and take up for immediate consideration all uncontested Senate Bills on the Third Reading Calendar.

Senator BRIGHT objected.

MOTION ADOPTED

Senator LARRY MARTIN asked unanimous consent to make a motion that the Senate proceed to the Third Reading Calendar and take up for immediate consideration all uncontested Senate Bills on the Third Reading Calendar.

There was no objection and the Senate proceeded to the Third Reading Calendar to take up uncontested Senate Bills.

CO-SPONSOR ADDED

The following co-sponsor was added to the respective Bills:
S. 635 (Word version)     Sen. Campsen

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 669 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTIONS OF PROVIDENCE HOSPITALS OF COLUMBIA TO THE STATE OF SOUTH CAROLINA AND CONGRATULATE IT UPON THE COMMEMORATION OF ITS SEVENTY-FIFTH ANNIVERSARY.
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The Senate Resolution was adopted.

S. 670 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO CONGRATULATE WILLIAM CRAIG DUENSING, RICHLAND NORTHEAST HIGH SCHOOL FINE ARTS DIRECTOR, ON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS THIRTY-EIGHT YEARS OF DEDICATED SERVICE AS AN


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EDUCATOR, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

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

S. 672 (Word version) -- Senators Cromer, Reese, Massey, Gregory, Hembree, Bennett, Malloy, Williams, Hayes, L. Martin, Corbin, Campsen, Campbell, Grooms, Peeler, Shealy, Fair, Turner, Jackson, Lourie, Johnson, Nicholson, Verdin, Rankin, Coleman, Matthews, Setzler, Cleary, Alexander and McElveen: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA SMALL BUSINESS DEVELOPMENT CENTERS ACROSS THE PALMETTO STATE FOR THEIR POSITIVE ECONOMIC IMPACT ON SMALL BUSINESSES.
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The Senate Resolution was adopted.

H. 3124 (Word version) -- Reps. Bingham, Taylor, Long and M. S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-315 SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, OR DISCIPLINING AN EMPLOYEE WHO REPORTS CHILD ABUSE OR NEGLECT, WHETHER REQUIRED OR PERMITTED TO REPORT; AND TO CREATE A CAUSE OF ACTION FOR REINSTATEMENT AND BACK PAY WHICH AN EMPLOYEE MAY BRING AGAINST AN EMPLOYER WHO VIOLATES THIS PROHIBITION.

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


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H. 3561 (Word version) -- Reps. White, Stavrinakis and Merrill: A BILL TO AMEND SECTION 12-36-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ON ACCOMMODATIONS, SO AS TO DELETE CERTAIN ITEMS SUBJECT TO THE FIVE PERCENT TAX ON ADDITIONAL SURCHARGES.

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

H. 3631 (Word version) -- Reps. Daning, Crosby, Sottile, Atwater, Sabb, Erickson, Newton and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-115 SO AS TO PROVIDE FOR THE ISSUANCE OF GOLF CART PERMITS, TO REGULATE THE OPERATION OF GOLF CARTS, AND TO PROVIDE A PENALTY; AND TO REPEAL SECTION 56-2-105 RELATING TO THE ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS.

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

H. 3783 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 12-21-2425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS LICENSE TAX EXEMPTION FOR A MOTORSPORTS ENTERTAINMENT COMPLEX, SO AS TO REQUIRE THE COMPLEX TO BE A NASCAR SANCTIONED SPEEDWAY THAT HOSTS AT LEAST ONE RACE EACH YEAR FEATURING THE PREEMINENT NASCAR CUP SERIES, INSTEAD OF REQUIRING THE SPEEDWAY TO HAVE AT LEAST SIXTY THOUSAND SEATS FOR RACE PATRONS.

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

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


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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.

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

H. 3919 (Word version) -- Reps. Owens, Bowen, Patrick, Taylor, Anderson, Allison, Brannon, Loftis, Ballentine, Rivers, Huggins, Knight, Simrill, King, Willis, Whitmire, McCoy, Anthony, Crosby, Neal, Clyburn, Barfield, Bedingfield, R. L. Brown, Cobb-Hunter, George, Hayes, Hiott, Hixon, Hosey, Lucas, Pope, Putnam, G. R. Smith, Wells, Wood, Whipper, Mitchell, Robinson-Simpson and Dillard: A BILL TO AMEND SECTION 59-18-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXIT EXAM REQUIRED FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ALL STUDENTS MUST TAKE THE EXIT EXAM TO GRADUATE BUT NEED NOT ATTAIN ANY MINIMUM SCORE ON THE EXIT EXAM TO GRADUATE, TO PROVIDE AN ELIGIBLE STUDENT WHO PREVIOUSLY FAILED TO RECEIVE A HIGH SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING THE EXIT EXAM MAY REENROLL IN HIGH SCHOOL AND WILL NOT HAVE TO PASS THE EXIT EXAM TO RECEIVE A HIGH SCHOOL DIPLOMA, AND TO REQUIRE THE DEPARTMENT OF EDUCATION TO REMOVE ANY CONFLICTING REQUIREMENTS AND PROMULGATE CONFORMING CHANGES IN ITS APPLICABLE REGULATIONS; TO AMEND SECTION 59-48-35, RELATING TO REQUIREMENTS FOR A DIPLOMA FROM THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, AND SECTION 59-139-60, RELATING TO THE DUTY OF THE STATE BOARD OF EDUCATION TO REVIEW STUDENT PERFORMANCE ON ASSESSMENT TESTING AND TO MONITOR THE PERFORMANCE OF SCHOOLS AND SCHOOL DISTRICTS, ALL SO AS TO MAKE CONFORMING CHANGES; AND TO CREATE THE HIGH SCHOOL ASSESSMENT STUDY COMMITTEE TO CONSIDER WHETHER THE HIGH SCHOOL ASSESSMENT PROGRAM SHOULD REMAIN THE ACCOUNTABILITY ASSESSMENT


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USED BY THE STATE AND TO RECOMMEND AN ALTERNATIVE IF NECESSARY, TO PROVIDE FOR THE COMPOSITION AND STAFFING OF THE STUDY COMMITTEE, TO REQUIRE THE COMMITTEE REPORT CERTAIN INFORMATION TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE TERMINATION OF THE STUDY COMMITTEE.

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

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.

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

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.

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

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.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3961 (Word version) -- Reps. Wood, Allison, Owens, Horne, Crosby, Daning, Gagnon, Govan, Hardee, Jefferson, Kennedy, Munnerlyn, J. R. Smith,


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Spires, Taylor, Wells, R. L. Brown and Whipper: 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 THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AUTISM AWARENESS" SPECIAL LICENSE PLATES.

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

H. 3978 (Word version) -- Reps. White and G. M. Smith: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, TO DEFINE "MEDICAID PERMIT DAY", TO SPECIFY THE MANNER IN WHICH ADDITIONAL MEDICAID PERMIT DAYS ARE ALLOCATED, TO SET FORTH COMPLIANCE STANDARDS AND PENALTIES FOR VIOLATIONS, AND TO PROVIDE CERTAIN REPORTING REQUIREMENTS.

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

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.

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

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.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

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

AMENDED, AMENDMENT PROPOSED, OBJECTION

S. 142 (Word version) -- Senator Malloy: A BILL TO AMEND THE "OMNIBUS CRIME REDUCTION AND SENTENCING REFORM ACT OF 2010", CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


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AMENDING SECTION 16-11-110, RELATING TO ARSON, SO AS TO RESTRUCTURE THE DEGREES OF ARSON; BY AMENDING SECTION 16-23-500, RELATING TO THE UNLAWFUL POSSESSION OF A FIREARM OR AMMUNITION BY A PERSON CONVICTED OF A VIOLENT CRIME CLASSIFIED AS A FELONY, SO AS TO PROVIDE THAT IT IS A VIOLATION OF PROBATION, PAROLE, COMMUNITY SUPERVISION, OR ANY OTHER SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR AN OFFENDER TO PURCHASE OR POSSESS A FIREARM, AMMUNITION, OR ANY OTHER DANGEROUS WEAPON; BY AMENDING SECTION 22-3-560, RELATING TO THE ABILITY OF MAGISTRATES TO PUNISH BREACHES OF THE PEACE, SO AS TO PROVIDE THAT MAGISTRATES MAY PUNISH BREACHES OF THE PEACE BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING THIRTY DAYS, OR BOTH; BY AMENDING SECTION 22-5-920, RELATING TO THE EXPUNGEMENT OF YOUTHFUL OFFENDERS' RECORDS, SO AS TO PROVIDE THAT EXPUNGEMENT DOES NOT APPLY TO OFFENSES IN WHICH REGISTRATION ON THE SEXUAL OFFENDER REGISTRY IS REQUIRED, EXCEPT IN CASES IN WHICH A DETERMINATION IS MADE BY THE SENTENCING COURT THAT THE SEXUAL CONDUCT WITH A VICTIM OF AT LEAST FOURTEEN YEARS OF AGE WAS CONSENSUAL; BY AMENDING SECTION 24-19-10, RELATING TO THE DEFINITION OF A "YOUTHFUL OFFENDER", SO AS TO PROVIDE THAT IF THE OFFENDER COMMITTED BURGLARY IN THE SECOND DEGREE PURSUANT TO SECTION 16-11-312(B), THE OFFENDER MUST RECEIVE AND SERVE A MINIMUM SENTENCE OF AT LEAST THREE YEARS, NO PART OF WHICH MAY BE SUSPENDED, AND THE PERSON IS NOT ELIGIBLE FOR CONDITIONAL RELEASE UNTIL THE PERSON HAS SERVED THE THREE-YEAR MINIMUM SENTENCE; BY AMENDING SECTION 24-21-5 AND SECTION 24-21-100, RELATING TO ADMINISTRATIVE MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THE PROCEDURES THE DEPARTMENT SHALL FOLLOW WHEN NOTIFYING PERSONS UNDER ADMINISTRATIVE MONITORING; BY AMENDING SECTION 24-21-280, RELATING TO COMPLIANCE CREDITS OF


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PERSONS UNDER THE SUPERVISION OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY EARN UP TO TWENTY DAYS OF COMPLIANCE CREDITS FOR EACH THIRTY-DAY PERIOD IN WHICH THE DEPARTMENT DETERMINES THAT THE INDIVIDUAL HAS SUBSTANTIALLY FULFILLED ALL OF THE CONDITIONS OF SUPERVISION; BY AMENDING SECTION 44-53-370 AND SECTION 44-53-375, RELATING TO CONTROLLED SUBSTANCE OFFENSES, SO AS TO REMOVE CERTAIN PROVISIONS PERTAINING TO PRIOR AND SUBSEQUENT CONTROLLED SUBSTANCE CONVICTIONS; BY AMENDING SECTION 44-53-470, RELATING TO WHEN A CONTROLLED SUBSTANCE OFFENSE IS CONSIDERED A SECOND OR SUBSEQUENT OFFENSE, SO AS TO PROVIDE THAT A CONVICTION FOR TRAFFICKING IN CONTROLLED SUBSTANCES MUST BE CONSIDERED A PRIOR OFFENSE FOR PURPOSES OF ANY CONTROLLED SUBSTANCE PROSECUTION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO PROVIDE THAT QUALIFYING SUSPENSIONS DO NOT INCLUDE SUSPENSIONS PURSUANT TO SECTION 56-5-2990 OR SECTION 56-5-2945, AND DO NOT INCLUDE SUSPENSIONS PURSUANT TO SECTION 56-1-460, IF THE PERSON DRIVES A MOTOR VEHICLE WHEN THE PERSON'S LICENSE HAS BEEN SUSPENDED OR REVOKED PURSUANT TO SECTION 56-5-2990 OR SECTION 56-5-2945; AND BY AMENDING SECTION 56-1-460, RELATING TO THE OFFENSE OF DRIVING UNDER SUSPENSION, SO AS TO PROVIDE THAT FOR A THIRD OR SUBSEQUENT OFFENSE, THE PERSON MUST BE FINED ONE THOUSAND DOLLARS, AND IMPRISONED FOR UP TO NINETY DAYS OR CONFINED TO THE PERSON'S PLACE OF RESIDENCE PURSUANT TO THE HOME DETENTION ACT FOR UP TO NINETY DAYS.

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

Amendment No. 4

Senator BRIGHT proposed the following Amendment No. 4 (JUD0142.005), which was adopted:

Amend the bill, as and if amended, by striking SECTION   2 in its entirety and inserting:


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/   SECTION   2.   Section 16-23-500 of the 1976 Code is amended to read:

"Section 16-23-500.   (A)   It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.

(B)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

(C)(1)   In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section.

(2)   A law enforcement agency that receives a firearm or ammunition pursuant to this section shall administratively release the firearm or ammunition to an innocent owner. The firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this section which resulted in the firearm's or ammunition's confiscation. The law enforcment agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the


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law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this section.

(D)   The judge that hears the case involving the violent offense, as defined by Section 16-1-60, that is classified as a felony offense, shall make a specific finding on the record that the offense is a violent offense, as defined by Section 16-1-60, and is classified as a felony offense. A judge's failure to make a specific finding on the record does not bar or otherwise affect prosecution pursuant to this subsection and does not constitute a defense to prosecution pursuant to this subsection."   /

Renumber sections to conform.

Amend title to conform.

Senator BRIGHT explained the amendment.

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

Ayes 26; Nays 18

AYES

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

Total--26

NAYS

Allen                     Coleman                   Ford
Hutto                     Jackson                   Johnson
Leatherman                Malloy                    Matthews
McElveen                  McGill                    Nicholson
Pinckney                  Reese                     Scott
Setzler                   Thurmond                  Williams

Total--18


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The amendment was adopted.

Amendment No. 3

Senators HUTTO and PEELER proposed the following Amendment No. 3 (JUD0142.004):

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/   SECTION   __. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-630. A person convicted of assault and battery upon a state or local correctional facility employee who is performing job-related duties must serve a mandatory minimum sentence of not less than six months nor more than five years. The sentence must be served consecutively to any other sentence the person is serving."/

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MALLOY moved to lay the amendment on the table.

The Senate refused to table the amendment.

Senator MASSEY objected to further consideration.

Joint Assembly

The PRESIDENT announced that elections were in order to elect successors to the Public Service Commission.

Election to the Public Service Commission
Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat #1.

Senator ALEXANDER, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Mr. David Cannon, John E. "Butch" Howard and Carolynn "Carolee" Williams had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the names of Mr. David Cannon, John E. "Butch" Howard and Carolynn "Carolee" Williams and were placed in nomination.


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The Reading Clerk of the Senate called the roll of the Senate and the
Senators voted viva voce as their names were called.

The following named Senators voted for Mr. D. Cannon:

Campsen                Cromer                 Matthews

Total--3

The following named Senators voted for Mr. J. E. Howard:

Alexander              Allen                  Bennett
Bright                 Bryant                 Campbell
Coleman                Corbin                 Davis
Fair                   Grooms                 Hayes
Hembree                Hutto                  Malloy
Martin, Larry          Martin, Shane          McGill
Peeler                 Pinckney               Rankin
Setzler                Turner                 Verdin
Williams               Young

Total--26

The following named Senators voted for Ms. C. Williams:

Courson                Ford                   Gregory
Jackson                Johnson                Lourie
McElveen               Nicholson              Reese
Scott                  Shealy                 Sheheen
Thurmond

Total--13

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. D. Cannon:

Bowen                  Bowers                 R. L. Brown
Hodges

Total--4


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The following named Representatives voted for Mr. J. E. Howard:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bernstein              Bingham                Branham
Brannon                G. A. Brown            Burns
Chumley                Clemmons               Clyburn
Cobb-Hunter            H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Finlay                 Forrester              Gagnon
George                 Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Harrell                Hart                   Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Kennedy
King                   Limehouse              Loftis
Lowe                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
Neal                   Newton                 Ott
Owens                  Parks                  Patrick
Pitts                  Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Sabb
Sandifer               Sellers                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Southard               Stringer               Tallon
Taylor                 Thayer                 Toole
Vick                   Weeks                  Wells
Whipper                Whitmire               Williams
Willis                 Wood

Total--98

The following named Representatives voted for Ms. C. Williams:

Cole                   K. R. Crawford         Funderburk
Gilliard               Long                   M. S. McLeod
Mitchell               Norman                 Pope


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Powers Norrell         Ryhal                  Simrill
J. E. Smith            Sottile                Spires
Stavrinakis

Total--16

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   118
Grand Total   160
Necessary to a choice   81
Of which Mr. D. Cannon received   7
Of which Mr. J. E. Howard received   124
Of which Ms. C. Williams received   29

Whereupon, the PRESIDENT announced that the Honorable John E. "Butch" Howard was elected to the Public Service Commission, Seat #1 for the term prescribed by law.

Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat #3.

Senator ALEXANDER, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Mr. Comer H. "Randy" Randall had been screened and found qualified to serve.

Senator ALEXANDER placed the name of Mr. Comer H. "Randy" Randall was placed in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Comer H. "Randy" Randall was elected to the Public Service Commission, Seat #3 for the term prescribed by law.

Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat #5.

Senator ALEXANDER, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Ms. Sarah B. Nuckles, Mr.


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Headen B. Thomas and Mr. Swain Whitfield had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the name of Mr. Headen B. Thomas was withdrawn from consideration.

On motion of Senator ALEXANDER, the names of Ms. Sarah B. Nuckles and Mr. Swain Whitfield were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Nuckles:

Davis                  Fair                   Gregory
Grooms                 Hayes                  Peeler

Total--6

The following named Senators voted for Mr. Whitfield:

Alexander              Allen                  Bennett
Bright                 Bryant                 Campbell
Campsen                Cleary                 Coleman
Corbin                 Courson                Cromer
Ford                   Hembree                Hutto
Jackson                Johnson                Leatherman
Lourie                 Malloy                 Martin, Larry
Martin, Shane          Massey                 Matthews
McElveen               McGill                 Nicholson
Pinckney               Rankin                 Reese
Scott                  Setzler                Shealy
Sheheen                Thurmond               Turner
Verdin                 Williams               Young

Total--39

On the motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.


Printed Page 3254 . . . . . Wednesday, May 1, 2013

The following named Representatives voted for Ms. Nuckles:

King                   Long                   Merrill
Pope                   Simrill

Total--5

The following named Representatives voted for Mr. Whitfield:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
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               Finlay
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                Limehouse
Loftis                 Lowe                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 Neal
Newton                 Norman                 Ott
Owens                  Parks                  Patrick
Pitts                  Powers Norrell         Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Sellers                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon


Printed Page 3255 . . . . . Wednesday, May 1, 2013

Taylor                 Thayer                 Toole
Vick                   Weeks                  Wells
Whipper                Whitmire               Williams
Willis                 Wood

Total--113

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   118
Grand Total   163
Necessary to a choice   82
Of which Nuckles received   11
Of which Whitfield received   152

Whereupon, the PRESIDENT announced that the Honorable Swain Whitfield was elected to the Public Service Commission, Seat #5 for the term prescribed by law.

Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat #7.

Senator ALEXANDER, Chairman of the State Regulation of Public Utilities Review Committee, indicated that Mr. Gordon "O'Neal" Hamilton and Mr. Dale K. Surrett had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the names of Mr. Gordon "O'Neal" Hamilton and Mr. Dale K. Surrett were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Hamilton:

Alexander              Allen                  Bennett
Bright                 Bryant                 Campbell
Campsen                Cleary                 Coleman
Corbin                 Courson                Cromer
Davis                  Fair                   Ford
Gregory                Grooms                 Hayes


Printed Page 3256 . . . . . Wednesday, May 1, 2013

Hembree                Hutto                  Jackson
Leatherman             Lourie                 Malloy
Martin, Shane          Massey                 Matthews
McGill                 Nicholson              Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Shealy
Sheheen                Thurmond               Turner
Verdin                 Williams               Young

Total--42

The following named Senators voted for Mr. Surrett:

Johnson                Martin, Larry          McElveen

Total--3

On the motion of Representative Taylor with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Hamilton:

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
Finlay                 Forrester              Funderburk
Gagnon                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Limehouse              Loftis                 Lowe
Lucas                  Mack                   McCoy


Printed Page 3257 . . . . . Wednesday, May 1, 2013

McEachern              M. S. McLeod           W. J. McLeod
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
Neal                   Newton                 Norman
Ott                    Owens                  Parks
Patrick                Pitts                  Pope
Powers Norrell         Quinn                  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                Whitmire
Williams               Willis                 Wood

Total--114

The following named Representatives voted for Mr. Surrett:

George                 Merrill                Ridgeway

Total--3

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   117
Grand Total   162
Necessary to a choice   82
Of which Hamilton received   156
Of which Surrett received   6

Whereupon, the PRESIDENT announced that the Honorable G. O'Neal Hamilton was elected to the Public Service Commission, Seat #7 for the term prescribed by law.

Immediately following the elections of successors to the Public Service Commission the Senate proceeded to the election of successors to Boards of Trustees of State Colleges and Universities.


Printed Page 3258 . . . . . Wednesday, May 1, 2013

Election to an At-Large Position
on the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for The Citadel.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Gene Pinson and Mr. Fred Lewis Price, Jr. had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Mr. Fred Lewis Price, Jr. was withdrawn from consideration.

Senator PEELER placed the name of Mr. Gene Pinson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gene Pinson was elected to an at-large position on the the Board of Trustees for The Citadel for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, 1st Congressional District, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 1st Congressional District, Seat #1.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George E. Mullen had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George E. Mullen was elected to a position on the Board of Trustees for Coastal Carolina University, 1st Congressional District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, 3rd Congressional District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 3rd Congressional District, Seat #3.


Printed Page 3259 . . . . . Wednesday, May 1, 2013

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William L. Lyles had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William L. Lyles was elected to a position on the Board of Trustees for Coastal Carolina University, 3rd Congressional District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 6th Congressional District, Seat #6.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Marion B. Lee had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marion B. Lee was elected to a position on the Board of Trustees for Coastal Carolina University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, 7th Congressional District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 7th Congressional District, Seat #7.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Natasha M. Hanna had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 3260 . . . . . Wednesday, May 1, 2013

Whereupon, the PRESIDENT announced that the Honorable Natasha M. Hanna was elected to a position on the Board of Trustees for Coastal Carolina University, 7th Congressional District, Seat #7 for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, At-Large, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Coastal Carolina University, Seat #12.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Larry L. Biddle had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Larry L. Biddle was elected to an at-large position on the Board of Trustees for Coastal Carolina University, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
Coastal Carolina University, At-Large, Seat #15

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Coastal Carolina University, Seat #15.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert Templeton had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert Templeton was elected to an at-large position on the Board of Trustees for Coastal Carolina University, Seat #15 for the term prescribed by law.


Printed Page 3261 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for the
College of Charleston, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. L. Cherry Daniel had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Cherry Daniel was elected to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #4.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. G. Lee Mikell had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Lee Mikell was elected to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6.


Printed Page 3262 . . . . . Wednesday, May 1, 2013

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Edward L. Thomas had been screened and found qualified to serve.

Senator PEELER placed the name of Mr. Edward L. Thomas in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Edward L. Thomas was elected to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Kelly Moorhead and Ms. Renée Buyck Romberger had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Ms. Kelly Moorhead was withdrawn from consideration.

Senator PEELER placed the name of Ms. Renée Buyck Romberger in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Renée Buyck Romberger was elected to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert M. Burch III, Ms. Pansy King-Reid and Mr. Michael Todd Warrick had been screened and found qualified to serve.


Printed Page 3263 . . . . . Wednesday, May 1, 2013

Senator PEELER placed the names of Ms. Pansy King-Reid and Mr. Michael Todd Warrick in nomination.

On motion of Senator PEELER, with unanimous consent, the name of Mr. Robert M. Burch III was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. King-Reid:

Allen                  Bryant                 Coleman
Courson                Ford                   Gregory
Hayes                  Jackson                Malloy
Matthews               Nicholson              Pinckney
Reese                  Scott                  Sheheen
Young

Total--16

The following named Senators voted for Mr. Warrick:

Alexander              Bennett                Bright
Campbell               Campsen                Cleary
Corbin                 Cromer                 Davis
Fair                   Grooms                 Hembree
Johnson                Lourie                 Martin, Larry
Martin, Shane          Massey                 McElveen
McGill                 Peeler                 Rankin
Setzler                Thurmond               Turner
Williams

Total--25

On the motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. King-Reid:

Alexander              Anderson               Anthony
Bales                  Ballentine             Barfield
Bernstein              Bowen                  Bowers
Branham                Brannon                R. L. Brown
Chumley                Clyburn                Cobb-Hunter
Delleney               Dillard                Douglas


Printed Page 3264 . . . . . Wednesday, May 1, 2013

Finlay                 Funderburk             Gambrell
George                 Gilliard               Govan
Hart                   Hayes                  Herbkersman
Hixon                  Hodges                 Hosey
Howard                 Jefferson              King
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Neal                   Norman                 Ott
Owens                  Parks                  Pope
Powers Norrell         Ridgeway               Rivers
Robinson-Simpson       Rutherford             Sabb
Sellers                Simrill                J. E. Smith
J. R. Smith            Southard               Stavrinakis
Thayer                 Wells                  Whipper
Williams               Willis                 Wood

Total--66

The following named Representatives voted for Mr. Warrick:

Bannister              Bingham                G. A. Brown
Burns                  Cole                   K. R. Crawford
Crosby                 Daning                 Edge
Erickson               Forrester              Gagnon
Goldfinch              Hamilton               Hardee
Harrell                Hiott                  Huggins
Kennedy                Limehouse              Loftis
Long                   Lowe                   Merrill
Nanney                 Newton                 Patrick
Pitts                  Putnam                 Riley
Ryhal                  Sandifer               Skelton
G. M. Smith            G. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Toole                  Vick
Weeks                  White                  Whitmire

Total--45


Printed Page 3265 . . . . . Wednesday, May 1, 2013

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   111
Grand Total   152
Necessary to a choice   77
Of which King-Reid received   82
Of which Warrick received   70

Whereupon, the PRESIDENT announced that the Honorable Pansy King-Reid was elected to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #12.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Emily F. Guess and Ms. Ricci Land Welch had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Ms. Emily F. Guess was withdrawn from consideration.

Senator PEELER placed the name of Ms. Ricci Land Welch in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ricci Land Welch was elected to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 7th Congressional District, Seat #13

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat #13.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Henrietta U.


Printed Page 3266 . . . . . Wednesday, May 1, 2013

Golding had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Henrietta U. Golding was elected to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat #13 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 7th Congressional District, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat #14.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Renee B. Goldfinch and Mr. Dwight Johnson had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Mr. Dwight Johnson was withdrawn from consideration.

Senator PEELER placed the name of Ms. Renee B. Goldfinch in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Renee B. Goldfinch was elected to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat #14 for the term prescribed by law.

Election to an At-Large Position on the Board of Trustees
for the College of Charleston, Seat #16

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for the College of Charleston, Seat #16.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. David Mikell Hay had been screened and found qualified to serve and placed his name in nomination.


Printed Page 3267 . . . . . Wednesday, May 1, 2013

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable David Mikell Hay was elected to an at-large position on the Board of Trustees for the College of Charleston, Seat #16 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 1st Congressional District, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #1.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Mark S. Moore had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Mark S. Moore was elected to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 2nd Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #2.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Gail Ness Richardson had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gail Ness Richardson was elected to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #2 for the term prescribed by law.


Printed Page 3268 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for the
Francis Marion University, 3rd Congressional District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #3.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lonnie Adamson, Ms. Patricia C. Hartung and Ms. Nancy King had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the names of Ms. Nancy King and Mr. Lonnie Adamson were withdrawn from consideration.

Senator PEELER placed the name of Ms. Patricia C. Hartung in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Patricia C. Hartung was elected to a position on the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 4th Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 4th Congressional District, Seat #4.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Jody Bryson had been screened and found qualified to serve.

Senator PEELER placed the name of Mr. Jody Bryson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jody Bryson was elected to a position on the Board of Trustees for Francis Marion University, 4th Congressional District, Seat #4 for the term prescribed by law.


Printed Page 3269 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
Francis Marion University, 5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 5th Congressional District, Seat #5.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James M. Bunch had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James M. Bunch was elected to a position on the Board of Trustees for Francis Marion University, 5th Congressional District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for the
Francis Marion University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #6.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Alan L. Gibbons and Mr. Floyd L. Keels had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Mr. Alan L. Gibbons was withdrawn from consideration.

Senator PEELER placed the name of Mr. Floyd L. Keels in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Floyd L. Keels was elected to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 7th Congressional District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 7th Congressional District, Seat #7.


Printed Page 3270 . . . . . Wednesday, May 1, 2013

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George C. McIntyre been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George C. McIntyre was elected to a position on the Board of Trustees for Francis Marion University, 7th Congressional District, Seat #7 for the term prescribed by law.

Election to an At-Large Position on the the Board of Trustees
for Francis Marion University, Seat #9

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Francis Marion University, Seat #9.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lonnie Adamson and Ms. Nancy King had been screened and found qualified to serve.

On motion of Senator PEELER, with unanimous consent, the name of Mr. Lonnie Adamson was withdrawn from consideration.

Senator PEELER placed the name of Ms. Nancy King in nomination.

Objection

Senator PEELER moved that the nominations be closed and, with unanimous consent, moved that the vote be taken by acclamation.

Representative K.R. Crawford objected.

Representative Lowe spoke on the nomination.

The question then was whether to elect Ms. Nancy King to the Board of Trustees for Francis Marion University, Seat #9.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.


Printed Page 3271 . . . . . Wednesday, May 1, 2013

The following named Senators voted in the affirmative:

Alexander              Bryant                 Martin, Larry
McElveen               McGill                 Peeler
Sheheen                Williams

Total--8

The following names Senators voted in the negative:

Allen                  Bright                 Campbell
Campsen                Cleary                 Coleman
Corbin                 Courson                Cromer
Davis                  Fair                   Ford
Gregory                Grooms                 Hayes
Hembree                Jackson                Johnson
Leatherman             Martin, Shane          Massey
Nicholson              Reese                  Scott
Shealy                 Thurmond               Verdin
Young

Total--28

The following named Senators voted present:

Bennett                Malloy                 Matthews
Pinckney               Setzler                Turner

Total--6

On the motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representative voted in the affirmative:

D. C. Moss

Total--1

The following named Representatives voted in the negative:

Alexander              Allison                Anthony
Atwater                Bales                  Bannister
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                R. L. Brown


Printed Page 3272 . . . . . Wednesday, May 1, 2013

Burns                  Clemmons               Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Edge
Erickson               Finlay                 Forrester
Funderburk             George                 Gilliard
Goldfinch              Govan                  Hardee
Hardwick               Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Howard                 Huggins                Jefferson
Kennedy                King                   Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               Munnerlyn
Murphy                 Nanney                 Neal
Newton                 Norman                 Ott
Owens                  Parks                  Patrick
Pitts                  Pope                   Powers Norrell
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--106

RECAPITULATION

Total number of Senators voting   36
Total number of Representatives voting   107
Grand Total   143
Necessary to a choice   72
Ayes   9
Nays   134


Printed Page 3273 . . . . . Wednesday, May 1, 2013

Having failed to receive the necessary vote, Ms. Nancy King was not elected.

Election to an At-Large Position on the the Board of Trustees
for Francis Marion University, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Francis Marion University, Seat #11.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Melissa Johnson Emery and Mr. H. Randall Dozier had been screened and found qualified to serve.

On motion of Senator PEELER, the name of Ms. Melissa Johnson Emery was withdrawn from consideration.

Senator PEELER placed the name of Mr. H. Randall Dozier in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Randall Dozier was elected to an at-large position on the Board of Trustees for Francis Marion University, Seat #11 for the term prescribed by law.

Election to an At-Large Position on the the Board of Trustees for
Francis Marion University, Seat #15

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Francis Marion University, Seat #15.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William W. Coleman, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was elected to an at-large position on the Board of Trustees for Francis Marion University, Seat #15 for the term prescribed by law.


Printed Page 3274 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for the
Lander University, 1st Congressional District, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #1.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert Brimmer had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert Brimmer was elected to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 2nd Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #2.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George R. Starnes III had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George R. Starnes III was elected to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 3rd Congressional District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #3.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Linda Dolny had


Printed Page 3275 . . . . . Wednesday, May 1, 2013

been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Linda Dolny was elected to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 4th Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #4.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Jack W. Lawrence had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jack W. Lawrence was elected to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #5.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. S. Anne Walker had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was elected to a position on the Board of Trustees for Lander


Printed Page 3276 . . . . . Wednesday, May 1, 2013

University, 5th Congressional District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #6.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Ann V. Hurst had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ann V. Hurst was elected to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
Lander University, 7th Congressional District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 7th Congressional District, Seat #7.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Catherine Lee Frederick had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Catherine Lee Frederick was elected to a position on the Board of Trustees for Lander University, 7th Congressional District, Seat #7 for the term prescribed by law.


Printed Page 3277 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
Medical University of South Carolina
1st Congressional District, lay member

The PRESIDENT announced that nominations were in order to elect a lay member on the Board of Trustees for the Medical University of South Carolina, 1st Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Michael E. Stavrinakis and Ms. Susan Pearlstine had been screened and found qualified to serve.

Senator PEELER placed the names of Mr. Michael E. Stavrinakis and Ms. Susan Pearlstine in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Pearlstine:

Alexander              Bright                 Campsen
Lourie                 Massey                 Nicholson
Shealy                 Sheheen

Total--8

The following named Senators voted for Mr. Stavrinakis:

Allen                  Bennett                Bryant
Campbell               Cleary                 Coleman
Corbin                 Courson                Cromer
Davis                  Fair                   Ford
Grooms                 Hayes                  Hembree
Hutto                  Jackson                Johnson
Malloy                 Martin, Larry          Matthews
McElveen               McGill                 Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Turner
Verdin                 Williams               Young

Total--33


Printed Page 3278 . . . . . Wednesday, May 1, 2013

The following named Senator abstained:

Thurmond

Total--1

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Pearlstine:

Bedingfield            Bernstein              Burns
K. R. Crawford         Finlay                 Limehouse
Sottile                Taylor                 Willis

Total--9

The following named Representatives voted for Mr. Stavrinakis:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Edge                   Erickson               Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardwick
Harrell                Hart                   Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kennedy
King                   Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 Neal
Newton                 Norman                 Ott
Owens                  Parks                  Patrick


Printed Page 3279 . . . . . Wednesday, May 1, 2013

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            Southard
Spires                 Stringer               Tallon
Thayer                 Vick                   Weeks
Wells                  Whipper                White
Whitmire               Williams               Wood

Total--108

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   117
Grand Total   158
Necessary to a choice   80
Of which Pearlstine received   17
Of which Stavrinakis received   141

Whereupon, the PRESIDENT announced that the Honorable Michael E. Stavrinakis was elected as a lay member on the Board of Trustees for Medical University of South Carolina, 1st Congressional District for the term prescribed by law.

Statement by Senator THURMOND

I hereby abstain from voting for the 1st Congressional District lay member seat in Charleston for candidates running for the Board of Trustees for the Medical University of South Carolina. I have a longstanding business relationship with Michael E. Stavrinakis, a candidate for the 1st Congressional District lay member. And as such, that is my basis for not voting.

In addition, I did not encourage or participate in any discussions for the benefit of Mr. Stavrinakis or against his opponent, as I believe when a conflict exists, full withdrawal from the process is the ethical posture to take.


Printed Page 3280 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
Medical University of South Carolina
2nd Congressional District, lay member

The PRESIDENT announced that nominations were in order to elect a lay member on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William H. Bingham, Sr. had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William H. Bingham, Sr. was elected as a lay member on the Board of Trustees for Medical University of South Carolina, 2nd Congressional District for the term prescribed by law.

Election to the Board of Trustees for
Medical University of South Carolina
3rd Congressional District, lay member

The PRESIDENT announced that nominations were in order to elect a lay member on the Board of Trustees for the Medical University of South Carolina, 3rd Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles W. Shulze had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles W. Shulze was elected as a lay member on the Board of Trustees for Medical University of South Carolina, 3rd Congressional District for the term prescribed by law.


Printed Page 3281 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
Medical University of South Carolina
4th Congressional District, medical position

The PRESIDENT announced that nominations were in order to elect to the medical position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Charles B. Thomas, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles B. Thomas, Jr. was elected to the medical position on the Board of Trustees for Medical University of South Carolina, 4th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
Medical University of South Carolina
6th Congressional District, medical position

The PRESIDENT announced that nominations were in order to elect to the medical position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Ragin C. Monteith had been screened and found qualified to serve and placed her name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ragin C. Monteith was elected to the medical position on the Board of Trustees for Medical University of South Carolina, 6th Congressional District for the term prescribed by law.


Printed Page 3282 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
Medical University of South Carolina
7th Congressional District, medical position

The PRESIDENT announced that nominations were in order to elect to the medical position on the Board of Trustees for the Medical University of South Carolina, 7th Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. E. Conyers O'Brian, Jr. had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Brian, Jr. was elected to the medical position on the Board of Trustees for Medical University of South Carolina, 7th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
Medical University of South Carolina
7th Congressional District, lay member

The PRESIDENT announced that nominations were in order to elect a lay member on the Board of Trustees for the Medical University of South Carolina, 7th Congressional District.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James A. Battle and Ms. Marva Smalls had been screened and found qualified to serve.

Senator PEELER placed the names of Mr. James A. Battle and Ms. Marva Smalls in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Battle:

Bennett                Campbell               Campsen
Coleman                Corbin                 Courson
Cromer                 Davis                  Fair
Grooms                 Hayes                  Hembree
Hutto                  Martin, Larry          Massey
McElveen               McGill                 Nicholson


Printed Page 3283 . . . . . Wednesday, May 1, 2013

Peeler                 Rankin                 Setzler
Verdin                 Williams               Young

Total--24

The following named Senators voted for Ms. Smalls:

Alexander              Allen                  Bright
Bryant                 Cleary                 Ford
Jackson                Johnson                Leatherman
Lourie                 Malloy                 Martin, Shane
Matthews               Pinckney               Reese
Scott                  Shealy                 Sheheen
Thurmond               Turner

Total--20

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Battle:

Anthony                Atwater                Bales
Barfield               Bingham                Bowen
Bowers                 Branham                Brannon
G. A. Brown            Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Edge                   Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Hardee                 Hardwick               Harrell
Hayes                  Herbkersman            Hiott
Huggins                Kennedy                Limehouse
Loftis                 Lowe                   Lucas
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Newton                 Norman                 Ott
Owens                  Pitts                  Pope
Powers Norrell         Putnam                 Ridgeway
Riley                  Rivers                 Ryhal
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith


Printed Page 3284 . . . . . Wednesday, May 1, 2013

Sottile                Spires                 Stringer
Thayer                 Toole                  Vick
White                  Whitmire               Willis
Wood

Total--73

The following named Representatives voted for Ms. Smalls:

Alexander              Allison                Anderson
Ballentine             Bannister              Bedingfield
Bernstein              R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Douglas
Erickson               Govan                  Hamilton
Hart                   Henderson              Hixon
Hodges                 Hosey                  Howard
Jefferson              King                   Long
Mack                   McCoy                  McEachern
M. S. McLeod           Mitchell               Nanney
Neal                   Parks                  Patrick
Quinn                  Robinson-Simpson       Rutherford
Sabb                   Sellers                J. E. Smith
Southard               Stavrinakis            Tallon
Taylor                 Weeks                  Wells
Whipper                Williams

Total--47

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   120
Grand Total   164
Necessary to a choice   83
Of which Battle received   97
Of which Smalls received   67

Whereupon, the PRESIDENT announced that the Honorable James A. Battle was elected as a lay member on the Board of Trustees for Medical University of South Carolina, 7th Congressional District for the term prescribed by law.


Printed Page 3285 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for
South Carolina State University, 5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 5th Congressional District, Seat #5.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Linda Edwards Duncan had been screened and found qualified to serve and placed her name in nomination.

Objection

Senator PEELER moved that the nominations be closed and, with unanimous consent, moved that the vote be taken by acclamation.

Representative Cobb-Hunter objected.

The question then was whether to elect Ms. Linda Edwards Duncan to the Board of Trustees for South Carolina State University, 5th Congressional District, Seat #5.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted in the affirmative:

Alexander              Bright                 Campbell
Davis                  Ford                   Hutto
Jackson                Lourie                 Martin, Larry
Massey                 Matthews               McElveen
McGill                 Peeler                 Rankin
Reese                  Scott                  Setzler
Shealy                 Thurmond               Turner
Verdin                 Williams

Total--23

The following named Senators voted in the negative:

Bennett                Bryant                 Campsen
Cleary                 Courson                Cromer
Fair                   Grooms                 Hayes


Printed Page 3286 . . . . . Wednesday, May 1, 2013

Hembree                Johnson                Malloy
Young

Total--13

The following named Senators voted present:

Martin, Shane          Pinckney

Total--2

On the motion of Rep. Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted in the affirmative:

Burns                  Delleney               Gilliard
Henderson              Lucas                  D. C. Moss
V. S. Moss             Pope                   Simrill
Vick

Total--10

The following named Representatives voted in the negative:

Alexander              Allison                Anderson
Atwater                Bales                  Bannister
Barfield               Bernstein              Bingham
Bowen                  Bowers                 Branham
R. L. Brown            Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Dillard                Edge
Erickson               Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Harrell                Hart                   Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Howard                 Huggins
Jefferson              King                   Limehouse
Loftis                 Lowe                   Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
Munnerlyn              Murphy                 Nanney


Printed Page 3287 . . . . . Wednesday, May 1, 2013

Neal                   Newton                 Norman
Ott                    Owens                  Parks
Patrick                Pitts                  Powers Norrell
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Sabb                   Sandifer
Sellers                Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Taylor                 Thayer
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--93

RECAPITULATION

Total number of Senators voting   36
Total number of Representatives voting   103
Grand Total   139
Necessary to a choice   70
Ayes   33
Nays   106

Having failed to receive the necessary vote, Ms. Linda Edwards Duncan was not elected.

Election to the Board of Trustees for
South Carolina State University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 6th Congressional District, Seat #6.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James E. Harvey, Mr. Dean C. Patrick, Mr. Joseph W. Rice, Jr., Mr. William Small, Jr. and Mr. Maurice Washington had been screened and found qualified to serve.

On motion of Senator PEELER, the names of Mr. James E. Harvey and Mr. Joseph W. Rice, Jr. were withdrawn from consideration.

Senator PEELER placed the names of Mr. Dean C. Patrick, Mr. William Small, Jr. and Mr. Maurice Washington in nomination.


Printed Page 3288 . . . . . Wednesday, May 1, 2013

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Patrick:

Total--0

The following named Senators voted for Mr. Small:

Allen                  Courson                Gregory
Hayes                  Hutto                  Johnson
Lourie                 Matthews               Nicholson
Peeler                 Pinckney               Scott
Setzler                Sheheen

Total--14

The following named Senators voted for Mr. Washington:

Alexander              Bennett                Bright
Bryant                 Campbell               Campsen
Cleary                 Coleman                Corbin
Cromer                 Davis                  Fair
Ford                   Grooms                 Hembree
Jackson                Leatherman             Martin, Larry
Martin, Shane          Massey                 McElveen
McGill                 Rankin                 Reese
Shealy                 Thurmond               Turner
Verdin                 Williams               Young

Total--30

The following named Senator voted present:

Malloy

Total--1

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Patrick:

Total--0


Printed Page 3289 . . . . . Wednesday, May 1, 2013

The following named Representatives voted for Mr. Small:

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Cole                   Daning                 Delleney
Dillard                Douglas                Forrester
Funderburk             Gagnon                 Gambrell
George                 Goldfinch              Govan
Hardwick               Harrell                Hart
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Jefferson
Kennedy                King                   Lucas
Mack                   McCoy                  M. S. McLeod
W. J. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Neal                   Ott
Owens                  Parks                  Pitts
Pope                   Powers Norrell         Quinn
Ridgeway               Robinson-Simpson       Rutherford
Sabb                   Sandifer               Sellers
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stringer               Tallon
Thayer                 Toole                  Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--86

The following named Representatives voted for Mr. Washington:

Bedingfield            Burns                  Chumley
H. A. Crawford         K. R. Crawford         Erickson
Finlay                 Gilliard               Hamilton
Herbkersman            Huggins                Limehouse
Loftis                 Long                   Lowe
McEachern              Nanney                 Newton
Norman                 Patrick                Putnam


Printed Page 3290 . . . . . Wednesday, May 1, 2013

Riley                  Rivers                 Simrill
G. R. Smith            Taylor

Total--26

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   112
Grand Total   156
Necessary to a choice   79
Of which Patrick received   0
Of which Small received   100
Of which Washington received   56

Whereupon, the PRESIDENT announced that the Honorable William Small, Jr. was elected to a position on the Board of Trustees for South Carolina State University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, 7th Congressional District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 7th Congressional District, Seat #7.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Ronald B. Henegan, Sr. had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ronald B. Henegan, Sr. was elected to a position on the Board of Trustees for South Carolina State University, 7th Congressional District, Seat #7 for the term prescribed by law.


Printed Page 3291 . . . . . Wednesday, May 1, 2013

Election to an At-Large Position on the Board of Trustees
South Carolina State University, Seat #9

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for South Carolina State University, Seat #9.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Pearl V. Ascue, Ms. Jacquelyn Cunningham and Mr. Jackie Epps had been screened and found qualified to serve.

Senator PEELER placed the names of Ms. Pearl V. Ascue, Ms. Jacquelyn Cunningham and Mr. Jackie Epps in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Ascue:

Allen                  Hayes                  Jackson
Johnson                Leatherman             Malloy
Matthews               McElveen               Sheheen
Verdin                 Young

Total--11

The following named Senators voted for Ms. Cunningham:

Alexander              Bennett                Coleman
Courson                Hembree                Hutto
Lourie                 Massey                 McGill
Pinckney               Rankin                 Scott
Setzler                Shealy                 Williams

Total--15

The following named Senators voted for Mr. Epps:

Bright                 Bryant                 Campbell
Campsen                Corbin                 Cromer
Davis                  Fair                   Ford
Gregory                Grooms                 Martin, Larry
Martin, Shane          Nicholson              Peeler
Reese                  Thurmond               Turner

Total--18


Printed Page 3292 . . . . . Wednesday, May 1, 2013

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Ascue:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Hamilton               Hardwick               Harrell
Hart                   Hayes                  Henderson
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Neal                   Norman                 Ott
Owens                  Parks                  Pitts
Pope                   Powers Norrell         Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Sabb
Sandifer               Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--101


Printed Page 3293 . . . . . Wednesday, May 1, 2013

The following named Representatives voted for Ms.Cunningham:

Govan

Total--1

The following named Representatives voted for Mr. Epps:

Bedingfield            Bernstein              Erickson
Herbkersman            Limehouse              Loftis
Long                   Lowe                   Nanney
Newton                 Patrick                Putnam
Sellers                Simrill                G. R. Smith

Total--15

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   117
Grand Total   161
Necessary to a choice   81
Of which Ascue received   112
Of which Cunningham received   16
Of which Epps received   33

Whereupon, the PRESIDENT announced that the Honorable Pearl V. Ascue was elected to an at-large position on the Board of Trustees for South Carolina State University, Seat #9 for the term prescribed by law.

Election to an At-Large Position on the Board of Trustees
South Carolina State University, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for South Carolina State University, Seat #11.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Willar H. Hightower, Jr. and Ms. Cathy B. Novinger had been screened and found qualified to serve.

On motion of Senator PEELER, the name of Mr. Willar H. Hightower, Jr. was withdrawn from consideration.


Printed Page 3294 . . . . . Wednesday, May 1, 2013

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cathy B. Novinger was elected to an at-large position on the Board of Trustees for South Carolina State University, Seat #11 for the term prescribed by law.

Election to an At-Large Position on the Board of Trustees
South Carolina State University, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for South Carolina State University, Seat #12.

Senator PEELER, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Katon E. Dawson, Mr. Elden E. Nelson II and Mr. Walter L. Tobin had been screened and found qualified to serve.

On motion of Senator PEELER, the names of were withdrawn from consideration.

Senator PEELER placed the names of Mr. Katon E. Dawson, Mr. Elden E. Nelson II and Mr. Walter L. Tobin in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Dawson:

Alexander              Bennett                Bryant
Campbell               Campsen                Cleary
Corbin                 Courson                Cromer
Davis                  Fair                   Grooms
Hayes                  Hembree                Leatherman
Lourie                 Martin, Larry          Massey
Matthews               McGill                 Peeler
Rankin                 Shealy                 Sheheen
Thurmond               Turner                 Verdin
Williams               Young

Total--29


Printed Page 3295 . . . . . Wednesday, May 1, 2013

The following named Senators voted for Mr. Nelson:

Total--0

The following named Senators voted for Mr. Tobin:

Hutto                  Jackson                Nicholson
Reese                  Scott

Total--5

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Dawson:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bernstein              Bingham                Bowen
Bowers                 Branham                Brannon
R. L. Brown            Burns                  Chumley
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hamilton
Hardwick               Harrell                Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Howard                 Huggins
Jefferson              Kennedy                King
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Newton
Norman                 Ott                    Owens
Parks                  Patrick                Pitts
Pope                   Powers Norrell         Putnam
Quinn                  Ridgeway               Riley


Printed Page 3296 . . . . . Wednesday, May 1, 2013

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                  Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--106

The following named Representatives voted for Mr. Nelson:

Total--0

The following named Representatives voted for Mr. Tobin:

Govan                  Hart                   Hayes
Hosey                  Robinson-Simpson       Rutherford
Sellers

Total--7

RECAPITULATION

Total number of Senators voting   34
Total number of Representatives voting   113
Grand Total   147
Necessary to a choice   74
Of which Dawson received   135
Of which Nelson received   0
Of which Tobin received   12

Whereupon, the PRESIDENT announced that the Honorable Katon E. Dawson was elected to an at-large position on the Board of Trustees for South Carolina State University, Seat #12 for the term prescribed by law.


Printed Page 3297 . . . . . Wednesday, May 1, 2013

Election to the Board of Trustees for the
Winthrop University, 1st Congressional District, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 1st Congressional District, Seat #1.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Timothy B. Sease had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy B. Sease was elected to a position on the Board of Trustees for Winthrop University, 1st Congressional District, Seat #1 for the term prescribed by law.

Election to the Board of Trustees for the
Winthrop University, 5th Congressional District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 5th Congressional District, Seat #5.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Kathy H. Bigham had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kathy H. Bigham was elected to a position on the Board of Trustees for Winthrop University, 5th Congressional District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for the
Winthrop University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 6th Congressional District, Seat #6.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Rose


Printed Page 3298 . . . . . Wednesday, May 1, 2013

Hilliard-Wilder and Ms. Ashlye V. Wilkerson had been screened and found qualified to serve.

Senator PEELER placed the names of Ms. Rose Hilliard-Wilder and Ms. Ashlye V. Wilkerson in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. R. Hilliard-Wilder:

Bennett                Bryant                 Campbell
Coleman                Davis                  Grooms
Hayes                  Johnson                Martin, Shane
Massey                 Matthews               McElveen
Nicholson              Verdin

Total--14

The following named Senators voted for Ms. A. Wilkerson:

Alexander              Allen                  Bright
Campsen                Cleary                 Corbin
Courson                Cromer                 Fair
Gregory                Jackson                Lourie
Malloy                 Martin, Larry          McGill
Peeler                 Pinckney               Reese
Scott                  Setzler                Shealy
Sheheen                Thurmond               Turner
Williams               Young

Total--26

On motion of Representative Taylor, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. R. Hilliard-Wilder:

Hosey                  Ridgeway               Whitmire

Total--3


Printed Page 3299 . . . . . Wednesday, May 1, 2013

The following named Representatives voted for Ms. A. Wilkerson:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Bedingfield
Bernstein              Bowen                  Bowers
Branham                Brannon                R. L. Brown
Burns                  Chumley                Clyburn
Cobb-Hunter            Cole                   H. A. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Edge
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Goldfinch              Govan                  Hardwick
Harrell                Hart                   Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Howard
Huggins                Jefferson              Kennedy
King                   Loftis                 Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Newton
Norman                 Ott                    Owens
Parks                  Patrick                Pitts
Pope                   Powers Norrell         Quinn
Riley                  Rivers                 Robinson-Simpson
Rutherford             Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Toole
Vick                   Weeks                  Wells
Whipper                White                  Williams
Willis                 Wood

Total--103


Printed Page 3300 . . . . . Wednesday, May 1, 2013

RECAPITULATION

Total number of Senators voting   40
Total number of Representatives voting   106
Grand Total   146
Necessary to a choice   74
Of which Ms. R. Hilliard-Wilder received   17
Of which Ms. A. Wilkerson received   130

Whereupon, the PRESIDENT announced that the Honorable Ashlye V. Wilkerson was elected to a position on the Board of Trustees for Winthrop University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
Winthrop University, 7th Congressional District, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 7th Congressional District, Seat #7.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Karl A. Folkens had been screened and found qualified to serve and placed his name in nomination.

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Karl A. Folkens was elected to a position on the Board of Trustees for Winthrop University, 7th Congressional District, Seat #7 for the term prescribed by law.

Election to the Board of Trustees for Four At-Large Positions
at the Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order to elect successors to four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.

Senator PEELER, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Douglas Stewart Cooner, Mr. Rossell E. Hart, Mr. W. Wayne Sims and Ms. Elizabeth Thrailkill had been screened and found qualified to serve and placed their names in nomination.


Printed Page 3301 . . . . . Wednesday, May 1, 2013

Senator PEELER moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Douglas Stewart Cooner, the Honorable Rossell E. Hart, the Honorable W. Wayne Sims and the Honorable Elizabeth Thrailkill were elected to the four at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 3:02 P.M., the Senate resumed.

Motion to Ratify Adopted

At 3:02 P.M., Senator LARRY MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M., on Thursday, May 2, 2013.

There was no objection and a message was sent to the House accordingly.

Motion Adopted

On motion of Senator PEELER, with unanimous consent, Senators CLEARY, McGILL, ALEXANDER, JACKSON, CAMPBELL and LOURIE were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

Expression of Personal Interest

Senator BRYANT rose for an Expression of Personal Interest.

Motion Adopted

Senator LARRY MARTIN asked unanimous consent to make a motion that the Senate proceed to the Special Orders.

There was no objection.

READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 3560 (Word version) -- Reps. Tallon, Harrell, Quinn, Stavrinakis, Patrick, Allison, McCoy, Pitts, Taylor, H.A. Crawford, Simrill, J.R. Smith, Crosby, Brannon, V.S. Moss, G.R. Smith, Henderson, Delleney, Cole,


Printed Page 3302 . . . . . Wednesday, May 1, 2013

McEachern, Barfield, Ridgeway, Stringer, Nanney, R.L. Brown, Wood, Daning, Erickson, Clemmons, Powers Norrell, Funderburk, Mitchell, Merrill, Kennedy, D.C. Moss, Gagnon, Bannister, Atwater, Rivers, Owens, Bingham, Forrester, Ballentine, Toole, Hixon, Spires, Huggins, Lucas, Horne, Putnam, Weeks, M.S. McLeod and Anderson: A BILL TO AMEND SECTION 16-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, INDIVIDUALS WHO ARE PROHIBITED FROM POSSESSING OR ACQUIRING A HANDGUN, SO AS TO ALSO PROHIBIT A PERSON ADJUDICATED MENTALLY INCAPACITATED OR COMMITTED TO A MENTAL INSTITUTION FROM POSSESSING OR ACQUIRING A HANDGUN; TO AMEND SECTION 44-22-100, RELATING TO THE CONFIDENTIALITY OF MENTAL HEALTH COMMITMENT AND TREATMENT RECORDS, SO AS TO AUTHORIZE REPORTING INFORMATION IN THESE RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) TO BE UTILIZED IN DETERMINING IF A PERSON IS DISQUALIFIED FROM PURCHASING A FIREARM; AND BY ADDING ARTICLE 10, CHAPTER 31, TITLE 23 SO AS TO ESTABLISH A CONFIDENTIAL PROCESS FOR COMPILING AND TRANSMITTING INFORMATION ON PERSONS WHO HAVE BEEN ADJUDICATED MENTALLY INCAPACITATED OR COMMITTED TO A MENTAL INSTITUTION, THEREBY BEING DISQUALIFIED FROM POSSESSING OR ACQUIRING A HANDGUN AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION (SLED) TO TRANSMIT THIS INFORMATION TO NICS; TO REQUIRE SLED TO CROSS CHECK THE NAMES SENT TO NICS WITH SLED'S DATABASE FOR CONCEALED WEAPONS PERMITS TO ASCERTAIN IF ANY PERMITS MUST BE REVOKED; AND TO ESTABLISH A JUDICIAL PROCESS FOR PERSONS PROHIBITED FROM POSSESSING FIREARMS, DUE SOLELY TO AN ADJUDICATION AS MENTALLY INCAPACITATED OR COMMITMENT TO A MENTAL INSTITUTION, TO OBTAIN REMOVAL OF THE DISQUALIFICATIONS THAT PROHIBITED THEM FROM POSSESSING FIREARMS.

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

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.


Printed Page 3303 . . . . . Wednesday, May 1, 2013

Expression of Personal Interest

Senator BRIGHT rose for an Expression of Personal Interest.

Statement by Senator BRIGHT
The Blessing of an Aborted Child
By

It requires a certain quality of moral opacity for our Dear Mr. Obama, who stands in the breach as tribune for all things weak and powerless, to pronounce God's Blessing on a room filled to the brim with those mighty champions of nascent selective infanticide. If I had not read the speech myself, I probably would never have believed that a President of the United States of America could, in the span of a few days, surround himself -- nay, metaphorically smear himself with the blood of dead elementary school children in the service of disemboweling American Constitutional liberties, and then proceed to speak glowingly of clinical murder as "health care" to a crowd at Planned Parenthood.

In the midst of the Kermit Gosnell trial, which reads as ugly and obscene as any teen blood-soaked horror flick, our Nobel Prize-winning Man of the Millennium has decided that the cessation of public funding for clinical butchery is not to be countenanced and has assured the assembled throngs at Murder Incorporated that the House that Eugenicist Margaret Sanger built "is not going anywhere." To me, it would seem to be beyond the pale of credulity that his parting words of "God Bless You" were not offered as a touch of irony or sarcasm. But heaven forbid! His blessing was meant as a genuine heartfelt appreciation for men and women who most assuredly cast their votes for him and who undoubtedly mirrored his progressive view that the life or death of human chattel should ultimately be dependent upon the mood or inclination of the slavemaster. Indeed, Obama himself has never criticized late term or partial-birth murder: even if abortion is responsible for the loss of over 1500 black children per day who might in fact have grown up and voted for progressive causes and candidates. In politics, this is called a calculated trade-off.

The one missing premise in this entire sick story is whether or not God does in fact bless those who engage in sucking his innocent children out into a metal sink or who clinically cut and snip their spinal cords and toss them into a sack labeled "medical waste" while they are still quivering. I am reminded of the scriptures:


Printed Page 3304 . . . . . Wednesday, May 1, 2013

"For you have formed my inward parts: you have covered me in my mother's womb. And, indeed, the very hairs of your head are all numbered. Don't be afraid; you are worth more than many sparrows."
and finally:

"But whoever causes harm to one of these little ones, it would be better if a millstone were hung around his neck and he were drowned in the depths of the sea."

Strange and irrational man that I am, I am inclined to be skeptical that God grants blessings for the act of aborting children or for those who applaud such actions in the name of some amorphous abstract liberty. It is more likely that God imputes a curse -- both naturally and spiritually -- to those who feel a smug political justification for parading selective abortion as a civil right. The same curse goes for those physicians who have violated their Hippocratic Oath and have not merely failed to "Do No Harm," but who have made a good living doing or supporting the unspeakable day-in and day-out: searing their consciences in the bargain while reminding themselves that the quivering mass was the biological equivalent of an abscessed tooth.

For those women who must live with their decisions, perhaps they may catch their breath and one day grieve and repent of their loss. If not, the whole nasty business may all get chalked up to "a lesson learned" or "just one of those bad days when you have a drink and forget." As for the child, all innocent and beautiful beings proceed back to the Father of Lights in Whom no shadow resides. But rest assured all the same: a judgment will be cast, and millstones will be hung.

"Woe to those who call evil good and good evil, who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter." Any society that has inverted the natural moral order of the God-ordained universe will pay a hefty price: both in this world and the next. For any president who would participate and applaud an institution responsible for the destruction of millions of little lives and then invoke the Creator's consecration, we must ask a fundamental question -- Is this god Moloch or Ba'al?

* * *

THIRD READING BILLS

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

S. 8 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 47-3-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO


Printed Page 3305 . . . . . Wednesday, May 1, 2013

THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO TRAINED LAW ENFORCEMENT DOGS IN THE PERFORMANCE OF OFFICIAL DUTIES OR DOGS ACTING IN DEFENSE OF A PERSON; AND TO AMEND CHAPTER 23, TITLE 23 BY ADDING SECTION 23-23-140, RELATING TO PATROL CANINE TEAMS.

S. 259 (Word version) -- Senators Thurmond and Ford: A BILL TO AMEND SECTION 59-111-320 OF THE 1976 CODE, RELATING TO PERSONS AGE SIXTY AND OVER ATTENDING CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, TO DELETE THE PROVISION THAT THESE PERSONS RECEIVING COMPENSATION AS FULL-TIME EMPLOYEES MUST PAY TUITION.

S. 562 (Word version) -- Senators Campsen and Davis: A BILL TO AMEND SECTION 27-27-10 OF THE 1976 CODE, RELATING TO RECOVERY FOR IMPROVEMENTS MADE IN GOOD FAITH, TO PROVIDE THAT THE DEFENDANT SHALL BE ENTITLED TO RECOVER THE FULL VALUE OF ALL IMPROVEMENTS IF HE HAS PURCHASED OR OTHERWISE ACQUIRED TITLE TO THE LANDS AND TENEMENTS IN THE ACTION.

S. 610 (Word version) -- Senators Rankin, Cleary, Hembree and McGill: A BILL TO AMEND SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO CLARIFY THAT THE DEFINITION OF "ECONOMIC DEVELOPMENT PROJECT", INCLUDING A NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTER OWNED BY A PUBLIC ENTITY INCLUDES AN ADJACENT FACILITY ALLOWING SPECIFIC EVENTS THEREBY MAKING ADDITIONAL TIME AND SPACE AVAILABLE FOR THE MAJOR CONVENTIONS, TRADE SHOWS, AND SPECIAL EVENTS CONTEMPLATED BY THE ACT AND REQUIRE JOINT BOND REVIEW COMMITTEE REVIEW AND COMMENT ON SUCH AN ADJACENT FACILITY; AND TO AMEND SECTION 11-41-70, RELATING TO PURPOSES OF THE ISSUE OF BONDS


Printed Page 3306 . . . . . Wednesday, May 1, 2013

PURSUANT TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT AND SPECIFIC REQUIREMENTS APPLICABLE TO A PUBLIC ENTITY RECEIVING BOND PROCEEDS, SO AS TO EXTEND FROM TEN TO FIFTEEN YEARS THE PERIOD IN WHICH A NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTER MUST BE COMPLETED.

S. 191 (Word version) -- Senators Verdin, Sheheen, Lourie, Cromer, O'Dell, Hutto, Jackson, Alexander and McElveen: A BILL TO AMEND CHAPTER 3, TITLE 46 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF AGRICULTURE, BY ADDING SECTION 46-3-25 TO REQUIRE THE DEPARTMENT TO CREATE AND MAINTAIN A PROGRAM TO ENCOURAGE SCHOOLS TO SERVE LOCALLY GROWN, MINIMALLY PROCESSED FARM FOODS.

READ THE THIRD TIME, SENT TO THE HOUSE

S. 601 (Word version) -- Senators Thurmond, Ford, Sheheen, Campsen and Rankin: A BILL TO AMEND SECTION 2-17-10, RELATING TO TERMS REGARDING LOBBYISTS AND LOBBYING, TO DEFINE THE TERMS "LOBBYING", "LOBBYIST", "PUBLIC BODY", AND "PUBLIC OFFICIAL" TO INCLUDE MEMBERS OF AND THE GOVERNING BODIES OF POLITICAL SUBDIVISIONS.

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

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

Ayes 43; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Cromer                    Davis
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews


Printed Page 3307 . . . . . Wednesday, May 1, 2013

McElveen                  McGill                    Nicholson
Peeler                    Pinckney                  Rankin
Reese                     Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--43

NAYS

Total--0

The Bill was read the third time, passed and ordered sent to the House.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE THIRD TIME, SENT TO THE HOUSE
THIRD READING RECONSIDERED, AMENDED
SENT TO THE HOUSE, AS AMENDED

S. 408 (Word version) -- Senator Thurmond: A BILL TO AMEND SECTION 56-5-2510 OF THE 1976 CODE, RELATING TO STOPPING, STANDING, AND PARKING OF A VEHICLE UPON THE ROADWAY, TO ADD THAT NO PERSON SHALL STOP, PARK, OR LEAVE STANDING A VEHICLE, WHETHER ATTENDED OR UNATTENDED, UPON THE ROADWAY INSIDE OR OUTSIDE A RESIDENTIAL DISTRICT WHEN IT IS PRACTICABLE TO STOP, PARK, OR LEAVE THE VEHICLE OFF THE ROADWAY.

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

Senator GROOMS proposed the following amendment (408R003.LKG), which was adopted:

Amend the committee amendment, as and if amended, page [408-2], by striking lines 6 - 12 and inserting:

/(D)   Notwithstanding another provision of law, this section does not prohibit a person's vehicle from stopping, parking, or standing, whether attended or unattended, upon the roadway outside a business or inside or outside a residential district for a reasonable time if the person:

(1)   is an invitee or guest of the business or a resident in the residential district; or


Printed Page 3308 . . . . . Wednesday, May 1, 2013

(2)   is a police officer, fireman, ambulance driver, or other public safety, emergency, or law enforcement official and the vehicle is being used in connection with exercising his official duties."   /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the perfecting amendment.

The amendment was adopted.

The Committee on Transportation proposed the following amendment (408R002.LKG), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 56-5-2510 of the 1976 Code is amended to read:

"Section 56-5-2510.   (A)   No person shall stop, park, or leave standing a vehicle, whether attended or unattended, upon the roadway outside a business or inside or outside a residential district when it is practicable to stop, park, or leave the vehicle off the roadway. An unobstructed width of the highway opposite a standing vehicle must be left for the free passage of other vehicles and a clear view of the stopped vehicle must be available from a distance of two hundred feet in each direction upon the highway."

(B)   This section and Sections 56-5-2530 and 56-5-2560 do not apply to the driver of a vehicle which is disabled making it impossible to avoid stopping and temporarily leaving the vehicle in the roadway.

(C)   Notwithstanding another provision of law, a vehicle used solely for the purpose of collecting municipal solid waste as defined in Section 44-96-40(46) or recovered materials as defined in Section 44-96-40(34) may stop or stand on the road, street, or highway for the purpose of collecting solid waste or recovered materials. The vehicle shall maintain flashing hazard lights when engaged in stopping or standing to collect solid waste or recovered materials.

(D)   Notwithstanding another provision of law, this section does not prohibit a federal postal service carrier vehicle or other delivery person's vehicle from stopping, parking, or standing, whether attended or unattended, upon the roadway outside a business or inside or outside a residential district for frequent short intervals during delivery of mail, parcels, packages, or related items."     /


Printed Page 3309 . . . . . Wednesday, May 1, 2013

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

The question then was third reading of the Bill.

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

Ayes 38; Nays 2

AYES

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

Total--38

NAYS

Bright                    Campsen

Total--2

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

S. 408--Third Reading Reconsidered
Amended, Read the Third Time, Sent to the House

S. 408 (Word version) -- Senator Thurmond: A BILL TO AMEND SECTION 56-5-2510 OF THE 1976 CODE, RELATING TO STOPPING,


Printed Page 3310 . . . . . Wednesday, May 1, 2013

STANDING, AND PARKING OF A VEHICLE UPON THE ROADWAY, TO ADD THAT NO PERSON SHALL STOP, PARK, OR LEAVE STANDING A VEHICLE, WHETHER ATTENDED OR UNATTENDED, UPON THE ROADWAY INSIDE OR OUTSIDE A RESIDENTIAL DISTRICT WHEN IT IS PRACTICABLE TO STOP, PARK, OR LEAVE THE VEHICLE OFF THE ROADWAY.

Having voted on the prevailing side, Senator YOUNG moved to reconsider the vote whereby the Bill was given a third reading.

The motion was adopted.

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

Senator YOUNG proposed the following amendment (408R004.TRY), which was adopted:

Amend the bill, as and if amended, by striking subsection (D) and inserting:

/(D)   Notwithstanding another provision of law, this section does not prohibit a person's vehicle from stopping, parking, or standing, whether attended or unattended, upon the roadway outside a business or inside or outside a residential district for a reasonable time if the person:

(1)   is an invitee or guest of the business or an invitee or guest of a resident in the residential district;

(2)   is a police officer, fireman, ambulance driver, or other public safety, emergency, or law enforcement official and the vehicle is being used in connection with exercising his official duties; or

(3)   is the owner, operator, or employee of the business, or a resident of the residential district."   /

Renumber sections to conform.

Amend title to conform.

Senator YOUNG explained the amendment.

The amendment was adopted.

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


Printed Page 3311 . . . . . Wednesday, May 1, 2013

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 19 (Word version) -- Senators Ford and Campsen: A BILL TO AMEND SECTION 17-15-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND THE AUTHORITY OF THE CIRCUIT COURT TO REVOKE BOND UNDER CERTAIN CIRCUMSTANCES, SO AS TO INCLUDE THE COMMISSION OF A SUBSEQUENT VIOLENT CRIME BY A PERSON RELEASED ON BOND IN THE PURVIEW OF THE STATUTE AND TO ADD AN ADDITIONAL PENALTY IF A PERSON COMMITS A GENERAL SESSIONS COURT OFFENSE WHILE ON RELEASE ON BOND.

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

Motion Under Rule 26B

Senator MALLOY asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Senator MALLOY proposed the following amendment (JUD0019.002), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 17-15-55 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )   If a person released on bond pursuant to the provisions of this chapter for a serious or most serious offense, as defined in Section 17-25-45, is charged with a serious or most serious offense, as defined in Section 17-25-45, while released on bond, the bond hearing for the subsequent serious or most serious offense must be held in the circuit court within thirty days. If the court finds probable cause that the person committed the current offense or that the person is unlikely to comply with any condition of release, a rebuttable presumption arises that no condition will assure the person will not pose a danger to the safety of any other person or the community. If the court finds that certain conditions of release on bond will ensure that the person is unlikely to flee or pose a danger to any other person or the community and the person will abide by the terms of release on bond, the judge shall consider bond in accordance with the provisions of this chapter and set or amend bond accordingly. If the court finds no such


Printed Page 3312 . . . . . Wednesday, May 1, 2013

conditions will ensure that the person is unlikely to flee or not pose a danger to the community, bond must be revoked."       /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

The question then was third 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
Campsen                   Cleary                    Coleman
Corbin                    Cromer                    Davis
Fair                      Ford                      Grooms
Hayes                     Hembree                   Hutto
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 Peeler
Pinckney                  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 third time, passed and ordered sent to the House of Representatives with amendments.


Printed Page 3313 . . . . . Wednesday, May 1, 2013

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 193 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 47-1-40 OF THE 1976 CODE, RELATING TO CRUELTY TO ANIMALS, TO REVISE CERTAIN CRIMINAL PENALTIES; TO AMEND SECTION 47-1-130, RELATING TO ARRESTS FOR CRUELTY TO ANIMALS, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ARREST PERSONS FOR VIOLATING LAWS RELATING TO CRULETY TO ANIMALS; TO AMEND SECTION 47-1-140, RELATING TO CARE OF ANIMALS AFTER AN ARREST, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS ARE TO PROVIDE PROPER CARE FOR THE ANIMALS; AND TO AMEND SECTION 47-1-150, RELATING TO ORDERS TO PROVIDE CARE, TO PROVIDE THAT SUCH ORDERS ARE TO BE ISSUED BY THE MAGISTRATE OR MUNICIPAL JUDGE, ANY LAW ENFORCEMENT OFFICER, OR ANY AGENT OF THE COUNTY.

Senator GROOMS 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 third reading of the Bill.

Senator MALLOY proposed the following amendment (193R003.GM), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 6-8 and inserting:

/   second or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.   /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

The question then was the third reading of the Bill.


Printed Page 3314 . . . . . Wednesday, May 1, 2013

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                    Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Jackson
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 Peeler
Pinckney                  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 third time, passed and ordered sent to the House of Representatives with amendments.

AMENDED, OBJECTION TO FURTHER CONSIDERATION

S. 618 (Word version) -- Senators Bright, Hutto, Bryant, Verdin, Fair, L. Martin, Massey, S. Martin, Davis, Shealy and Campsen: A BILL TO AMEND ARTICLE 5, CHAPTER 11, TITLE 1 OF THE 1976 CODE, RELATING TO STATE EMPLOYEES AND RETIREES INSURANCE, TO PROHIBIT EMPLOYER CONTRIBUTIONS TO THE STATE HEALTH INSURANCE PLAN FROM BEING USED TO PAY FOR ABORTIONS AND ANCILLARY SERVICES, TO PROVIDE THAT EMPLOYEE CONTRIBUTIONS MAY BE USED TO REIMBURSE EXPENSES AND ANCILLARY SERVICES ASSOCIATED WITH ABORTIONS PERFORMED IN CASES OF


Printed Page 3315 . . . . . Wednesday, May 1, 2013

RAPE, INCEST, OR WHERE THE HEALTH OF THE MOTHER IS ENDANGERED, TO PROVIDE THAT REIMBURSEMENT MUST COME FROM A FUND CREATED SPECIFICALLY FOR THAT PURPOSE, TO ALLOW FOR SUBSCRIBERS TO OPT OUT OF PERMITTING A PORTION OF THEIR EMPLOYEE CONTRIBUTIONS FROM BEING TRANSFERRED TO THE FUND, TO PROVIDE FOR THE MEANS TO OPT OUT, AND TO ESTABLISH THE FUND AND TO PROVIDE FOR ITS PURPOSES.

Senator GROOMS 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 third reading of the Bill.

Senator GROOMS proposed the following amendment (618R001.LKG), which was adopted:

Amend the bill, as and if amended, pages 1-2, by striking subsection (B) of Section 1-11-790 and inserting:

/   (B)(1)   There is created a separate and distinct subaccount within the State Health Insurance Plan to be known as the Woman's Services Fund. The fund is comprised of employee contributions by subscribers who do not opt out of permitting a portion of his employee contributions from being transferred to the fund. Monies deposited in the fund must be used to reimburse the expenses of an abortion, including ancillary services, performed in cases of rape, incest, or where the mother's medical condition is one which, in the opinion of her physician within a reasonable degree of medical certainty, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death.

(2)(a)   A portion of each subscriber's employee contribution to the State Health Insurance Plan must be transferred to the fund to carry out the purposes of the fund. A subscriber may opt out of permitting a portion of his employee contributions from being transferred to the fund.

(b)   During annual enrollment, the State Health Insurance Plan must include on its enrollment form a section that allows a subscriber of the plan to opt out of permitting a portion of the subscriber's employee contributions from being transferred to the fund. The section of the enrollment form relating to opting out shall state: 'By checking the box, I am declaring that I do not want any portion of my premium


Printed Page 3316 . . . . . Wednesday, May 1, 2013

to be used to reimburse the expenses of an abortion, including ancillary services, performed in cases of rape, incest, or where the mother's medical condition is one which, in the opinion of her physician within a reasonable degree of medical certainty, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death.'

(3)   A subscriber's decision to opt out or not opt out does not affect the subscriber's premium or any participant's access to coverage under the plan or the fund created by this section."/

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator GROOMS objected to further consideration of the Bill, as amended.

OBJECTION

H. 3829 (Word version) -- Reps. Bedingfield, Stringer, Allison, Bannister, Chumley, Dillard, Hamilton, Henderson, Loftis, Nanney, Putnam, Robinson-Simpson, G.R. Smith and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 53, TITLE 59 SO AS TO BE CAPTIONED THE "GREENVILLE TECHNICAL COLLEGE AREA COMMISSION"; TO DESIGNATE SECTIONS 1A, 4, AND 5 OF ACT 743 OF 1962 AS SECTIONS 59-53-1500, 59-53-1510, AND 59-53-1520, RESPECTIVELY, OF ARTICLE 18, CHAPTER 53, TITLE 59; AND TO AMEND ARTICLE 18, CHAPTER 53, TITLE 59, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION AND THE TERMS AND APPOINTING PROCEDURES FOR MEMBERS.

Senator CORBIN asked unanimous consent to take the Bill up for immediate consideration and give the Bill a third reading.

Senator MASSEY objected.

OBJECTION

S. 306 (Word version) -- Senators Campsen and Ford: A BILL TO AMEND SECTION 50-1-130 OF THE 1976 CODE, RELATING TO


Printed Page 3317 . . . . . Wednesday, May 1, 2013

PENALTIES ASSOCIATED WITH MISDEMEANOR OFFENSES CONTAINED IN TITLE 50, TO REVISE THE PENALTIES FOR THESE OFFENSES, AND TO PROVIDE THAT MAGISTRATE'S COURT HAS BOTH ORIGINAL AND CONCURRENT JURISDICTION OVER MISDEMEANOR OFFENSES.

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

Senator MALLOY objected to the Bill.

HOUSE CONCURRENCES

S. 663 (Word version) -- Senators McElveen, Campsen, Thurmond, McGill and Cromer: A CONCURRENT RESOLUTION TO CONGRATULATE BEN MOÏSE OF CHARLESTON ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.

Returned with concurrence.

Received as information.

S. 664 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JOE PINNER FOR HIS OUTSTANDING CONTRIBUTIONS TO THE PALMETTO STATE AND TO CONGRATULATE HIM UPON HIS GOLDEN ANNIVERSARY WITH WIS TV.

Returned with concurrence.

Received as information.

S. 667 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA'S YOUNG PEOPLE, TO THE PREVENTION OF TEEN PREGNANCY, AND TO DECLARE THE MONTH OF MAY AS "TEEN PREGNANCY PREVENTION MONTH" IN THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

ADJOURNMENT

At 3:50 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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