Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

The Psalmist writes that:

"I will extol the Lord at all times; his praise will always be on my lips."   (Psalm 34:1)

Let us pray:

O God of Wonder and Promise, here in this marvelous springtime season -- surrounded as we are by South Carolina's natural beauty, by gardens filled with flowering shrubs, vines and trees of all sorts -- we can't help but pause and give You praise. It is all so genuinely pleasing to our senses, well worthy of satisfying "ahhhs" and "sighhhs." Yet even more, Lord, do we seek good reason here in the Senate of South Carolina to give You praise for serious action by these leaders. Be with each of them, dear God, as they labor together in good faith to bring about realistic answers to our state's most significant problems. We pray this in Your loving name, O Lord. Amen.

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

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

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2015, and to expire June 30, 2018
At-Large:
Dacey P. Bell, 233 Hillsborough Road, Columbia, SC 29212 VICE Linda C. Stern (resigned)

Referred to the Committee on Education.

Reappointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2014, and to expire July 1, 2018
3rd Congressional District:
Larry L. Yonce, 1302 Calhoun Street, Johnston, SC 29832

Referred to the Committee on Fish, Game and Forestry.

Reappointment, South Carolina Foster Care Review Board, with the term to commence June 30, 2016, and to expire June 30, 2020
3rd Congressional District:
Daniel R. Bracken, Jr., 124 Omega Ln., Piedmont, SC 29673

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2012, and to expire June 30, 2016
1st Congressional District:
Alpha T. Bailey, 2305 North Main Street, Summerville, SC 29486

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2016, and to expire June 30, 2020
1st Congressional District:
Alpha T. Bailey, 2305 North Main Street, Summerville, SC 29486

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Housing Finance and Development Authority, with the term to commence August 15, 2013, and to expire August 15, 2017
At-Large:
Mary L. Sieck, 5904 Morning Star Road, Lake Wylie, SC 29710

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2015, and to expire May 31, 2018
Licensed or Certified Appraiser:
Travis L. Avant, 255 Longleaf Drive, Walterboro, SC 29488 VICE Michael B. Dodds

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Panel for Dietetics, with the term to commence March 30, 2015, and to expire March 30, 2017
Hospital Employee:
Lynette Y. Leland-Reed, 2704 Brinkley Lane, Columbia, SC 29210 VICE Karen G. Schwartz

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina State Board of Cosmetology, with the term to commence March 31, 2016, and to expire March 31, 2020
Cosmetologist:
Patricia C. Walters, 360 Canal Place Drive, Columbia, SC 29201

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with the term to commence December 31, 2014, and to expire December 31, 2018
Upper District:
Bradley A. Lindstrom, 203 Allegheny Run, Simpsonville, SC 29681 VICE Brandon S. Percival, DPM

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with the term to commence June 9, 2013, and to expire June 9, 2016
Residential Care Administrator - 10 beds or less:
Sarah D. Doctor-Greenwade, 751 Mallet Hill Road, Apt. 12108, Columbia, SC 29223 VICE Joann James

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Board of Long Term Health Care Administrators, with the term to commence June 9, 2016, and to expire June 9, 2019
Residential Care Administrator - 10 beds or less:
Sarah D. Doctor-Greenwade, 751 Mallet Hill Road, Apt. 12108, Columbia, SC 29223

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with the term to commence June 9, 2014, and to expire June 9, 2017
Residential Care Administrator:
Timothy H. Slice, 171 Elm Creek Drive, Chapin, SC 29036 VICE Nikki W. Robertson

Referred to the Committee on Medical Affairs.

Senator CORBIN introduced Dr. Steven Samoya of Greenville, S.C., Doctor of the Day.

At 3:30 P.M., Senator CROMER requested a leave of absence beginning at 5:15 P.M. until Thursday, April 7, 2016, at 9:00 A.M.

At 6:08 P.M., Senator MASSEY requested a leave of absence for Senator THURMOND for the balance of the day.

At 6:09 P.M., Senator NICHOLSON requested a leave of absence for Senator REESE for the balance of the day.

At 6:09 P.M., Senator M. B. MATTHEWS requested a leave of absence for Senator JOHN MATTHEWS for the balance of the day.

Senator HUTTO rose for an Expression of Personal Interest.

Senator LOURIE rose for an Expression of Personal Interest.

Senator BRIGHT rose for an Expression of Personal Interest.

Senator VERDIN rose for an Expression of Personal Interest.

On motion of Senator HAYES, with unanimous consent, Senators RANKIN, FAIR, HEMBREE, THURMOND, J. MATTHEWS, MALLOY, HUTTO, NICHOLSON and HAYES were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

The following co-sponsors were added to the respective Bills:
S. 31 (Word version)     Sen. Fair
S. 267 (Word version)     Sen. Grooms

The following were introduced:

S. 1202 (Word version) -- Senator Bryant: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE TREVOR CALLAHAM AND DEREK FREEMAN OF ANDERSON FOR WINNING THE 2015 HIGH SCHOOL FISHING WORLD FINALS, AND TO WISH THEM WELL IN ALL THEIR FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1203 (Word version) -- Senators Bright, Bryant and L. Martin: A BILL TO AMEND SECTION 45-9-10 OF THE 1976 CODE, RELATING TO THE RIGHT TO EQUAL ENJOYMENT OF AND PRIVILEGES TO PUBLIC ACCOMMODATIONS, TO ADD A SUBSECTION TO PROVIDE THAT UNITS OF LOCAL GOVERNMENT IN THIS STATE MAY NOT ENACT LOCAL LAWS, ORDINANCES, ORDERS, OR OTHER REGULATIONS THAT REQUIRE A PLACE OF PUBLIC ACCOMMODATION OR A PRIVATE CLUB OR OTHER ESTABLISHMENT NOT IN FACT OPEN TO THE GENERAL PUBLIC TO ALLOW A PERSON TO USE A MULTIPLE

OCCUPANCY BATHROOM OR CHANGING FACILITY REGARDLESS OF THE PERSON'S BIOLOGICAL SEX; TO AMEND TITLE 10, CHAPTER 1 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING PUBLIC BUILDINGS AND PROPERTY, BY ADDING ARTICLE 3 TO PROVIDE THAT MULTIPLE OCCUPANCY BATHROOMS AND CHANGING FACILITIES LOCATED ON PUBLIC PROPERTY SHALL BE DESIGNATED FOR AND ONLY USED BY A PERSON BASED ON HIS BIOLOGICAL SEX; TO AMEND CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDINGS AND OTHER SCHOOL PROPERTY, TO PROVIDE THAT LOCAL SCHOOL BOARDS SHALL REQUIRE EVERY MULTIPLE OCCUPANCY BATHROOM OR CHANGING FACILITY THAT IS DESIGNATED FOR STUDENT USE TO BE DESIGNATED FOR AND USED ONLY BY STUDENTS BASED ON THEIR BIOLOGICAL SEX, AND TO PROVIDE EXEMPTIONS AND DEFINITIONS.
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Senator BRIGHT spoke on the Bill.

Read the first time and referred to the General Committee.

S. 1204 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL EDUCATION INSTRUCTION IN PUBLIC SCHOOLS, SO AS TO PROVIDE MARCHING BAND INSTRUCTION BASED ON THE SOUTH CAROLINA ACADEMIC STANDARDS FOR THE VISUAL AND PERFORMING ARTS MUST BE CONSIDERED THE EQUIVALENT OF PHYSICAL EDUCATION INSTRUCTION.
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Read the first time and referred to the Committee on Education.

S. 1205 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 50-3-315(A) OF THE 1976 CODE, RELATING TO DEPUTY ENFORCEMENT OFFICERS NATURAL RESOURCES ENFORCEMENT DIVISION, TO PROVIDE THAT ENFORCEMENT OFFICERS NATURAL RESOURCES ENFORCEMENT DIVISION ARE NOT REQUIRED TO OBTAIN THE BONDS REQUIRED BY SECTION 50-3-330; AND TO AMEND SECTION 50-3-330 OF THE 1976 CODE, RELATING TO ENFORCEMENT OFFICERS NATURAL RESOURCES ENFORCEMENT DIVISION OATH AND BONDS, TO PROVIDE THAT OFFICERS SHALL BE COVERED BY

A SURETY BOND OF NOT LESS THAN TWO THOUSAND DOLLARS AND THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PAY THE PREMIUMS ON THE SURETY BONDS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1206 (Word version) -- Senator S. Martin: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO RENAME THE DONALDSON BUS CENTER IN GREENVILLE COUNTY TO BE THE "JOE MADDEN BUS CENTER".
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Read the first time and referred to the Committee on Education.

S. 1207 (Word version) -- Senator Sabb: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF ALRIDGE MURRAY OF LANE AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1208 (Word version) -- Senator Courson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S STUDENT-ATHLETES AND TO DECLARE WEDNESDAY, APRIL 6, 2016, AS "STUDENT-ATHLETE DAY IN SOUTH CAROLINA."
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The Senate Resolution was adopted.

S. 1209 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO CONGRATULATE FAITH DUPREE-WHITE OF COLUMBIA UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1210 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M. B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. CLEVELAND L. SELLERS, JR., PRESIDENT OF VOORHEES COLLEGE, UPON THE OCCASION OF HIS RETIREMENT AFTER EIGHT YEARS OF DISTINGUISHED AND EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

Senator HAYES from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 1064 (Word version) -- Senator Young: A BILL TO AMEND SECTION 38-73-525 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT AN INSURER WRITING A WORKERS' COMPENSATION POLICY SHALL FILE CERTAIN INFORMATION ON WHICH IT RELIES TO SUPPORT ITS RATE REQUEST, TO PROVIDE THAT THE INSURER MUST ADOPT THE MOST RECENT LOSS COST WITHIN ONE HUNDRED TWENTY DAYS OF APPROVAL OF THE LOSS COSTS; AND TO AMEND SECTION 38-73-1210, RELATING TO THE REQUIREMENT THAT ITS OBLIGATION TO MAKE CERTAIN FILINGS MAY BE SATISFIED BY MAKING FILINGS AS A MEMBER OF, OR SUBSCRIBER TO, A LICENSED RATING ORGANIZATION THAT MAKES FILINGS, TO REQUIRE THE FILINGS BE RULE AND FORM FILINGS AND NOT LOSS COST ADOPTION FILINGS, AND REQUIRE THE INSURER TO FILE FOR CERTAIN APPROVAL IF THE RATING ORGANIZATION TO WHICH IT SUBSCRIBES HAS A RATE INCREASE WITHIN TWELVE MONTHS AFTER THE INSURER BECOMES A MEMBER.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 1166 (Word version) -- Senators Leatherman, Setzler, Allen, J. Matthews, Jackson, M.B. Matthews, Malloy, Lourie, Williams, Sheheen, Nicholson, Johnson, Scott, Sabb, Hutto and Kimpson: A JOINT RESOLUTION TO PROVIDE FOR ANNUAL INSTALLMENT PAYMENTS BY SOUTH CAROLINA STATE UNIVERSITY ON OUTSTANDING LOANS MADE TO THE UNIVERSITY BY THE STATE OF SOUTH CAROLINA AND LIABILITIES INCURRED PURSUANT TO SECTION 2-65-70, TO PROVIDE FOR WHEN THE INSTALLMENT PAYMENTS ARE DUE, TO PROVIDE FOR THE AMOUNT OF THE INSTALLMENT PAYMENTS, TO PROVIDE FOR A PROCESS THROUGH WHICH THE DEBT INCURRED MAY BE RELIEVED, AND TO EXTEND FLEXIBILITY RELATED TO FURLOUGHS AS PROVIDED IN ACT 120 OF 2015.

Ordered for consideration tomorrow.

Senator HEMBREE from the Committee on Judiciary submitted a favorable report on:

S. 1191 (Word version) -- Senators Hembree and Kimpson: A CONCURRENT RESOLUTION TO DISAPPROVE AMENDMENTS TO THE SOUTH CAROLINA RULES OF CRIMINAL PROCEDURE, AS PROMULGATED BY THE SUPREME COURT OF SOUTH CAROLINA AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4712 (Word version) -- Reps. White, Bannister, Rutherford, G.R. Smith, Lowe, Pitts, Hiott, Erickson, Clemmons, Loftis, G.M. Smith, Hayes, Sandifer, Whitmire, Cole, Simrill, Allison, Cobb-Hunter, Long, Huggins, Delleney, Pope and Bales: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF AGRICULTURAL REAL PROPERTY, MOBILE HOME, AND LESSEE IMPROVEMENTS TO REAL PROPERTY, SO AS TO CLASSIFY OFF-PREMISES OUTDOOR ADVERTISING SIGNS AS PERSONAL PROPERTY AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN OFF-PREMISES SIGN SITE MUST BE TAXED AT ITS VALUE WHICH EXISTED BEFORE THE ERECTION OF THE SIGN.

Ordered for consideration tomorrow.

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

H. 4929 (Word version) -- Reps. Crosby, Daning, Jefferson, Merrill, Rivers and Southard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY IN BERKELEY COUNTY FROM THE INTERSECTION OF N.A.D. ROAD AND GOOSE CREEK ROAD TO THE INTERSECTION OF OLD STATE ROAD AND RED BANK ROAD "M.C. CANNON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNAGE ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.

Ordered for consideration tomorrow.

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

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2016, and to expire June 30, 2022
At-Large:
Susan S. Barden, 108 Old Mill Circle, Columbia, SC 29206

Received as information.

Reappointment, South Carolina State Ethics Commission, with the term to commence June 30, 2016, and to expire June 30, 2021
At-Large:
Sherri A. Lydon, 2530 Canterbury Rd., Columbia, SC 29204

Received as information.

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

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

H. 3204 (Word version) -- Reps. Bernstein, J.E. Smith, Cobb-Hunter, M.S. McLeod, Jefferson, Horne and Bales: A BILL TO AMEND THE CODE OF

LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

The question then was third reading of the Bill.

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

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Williams                  Young

Bright                    Bryant                    Corbin
Martin, Shane             Verdin

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

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

S. 771 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 56 SO AS TO ESTABLISH PROCEDURES THAT REGULATE THE RELATIONSHIP BETWEEN RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF RECREATIONAL VEHICLES; AND TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO DELETE THE TERM "MOTOR HOME" AND ITS DEFINITION.

S. 233 (Word version) -- Senators Campsen, Hembree and Grooms: A BILL TO AMEND SECTION 6-1-160 OF THE 1976 CODE, RELATING TO INVOCATIONS TO OPEN MEETINGS OF DELIBERATIVE BODIES, TO PROVIDE THAT PUBLIC PRAYER MEANS A PRAYER OR INVOCATION; TO PROVIDE THAT DELIBERATIVE PUBLIC BODY INCLUDES A SCHOOL DISTRICT BOARD; TO PROVIDE THAT PUBLIC INVOCATIONS SHALL NOT PROSELYTIZE OR ADVANCE ANY ONE FAITH OR BELIEF, OR COERCE PARTICIPATION BY OBSERVERS; AND TO BROADEN THE ITEMS THAT MAY BE INCLUDED IN A POLICY TO PERMIT PUBLIC INVOCATIONS ADOPTED BY THE PUBLIC BODY.

S. 743 (Word version) -- Senators Matthews, Hutto, Campsen, Johnson and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PORT ENHANCEMENT ZONE ACT"; TO AMEND SECTION 12-6-3360, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-6-3367, RELATING TO THE

MORATORIUM ON CERTAIN TAXES FOR CERTAIN TAXPAYERS, SO AS TO EXTEND THE MORATORIUM TO TAXPAYERS CREATING AT LEAST FIFTY FULL-TIME NEW JOBS IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-6-3375, AS AMENDED, RELATING TO THE TAX CREDIT FOR PORT CARGO VOLUME INCREASE, SO AS TO INCREASE THE MAXIMUM ANNUAL CREDIT AMOUNT FROM EIGHT MILLION TO NINE MILLION DOLLARS AND TO PROVIDE THAT ONE MILLION DOLLARS MAY BE AWARDED TO A NEW WAREHOUSE OR DISTRIBUTION FACILITY THAT MEETS CERTAIN REQUIREMENTS AND EMPLOYS AT LEAST FIFTY NEW FULL-TIME JOBS IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW EIGHTY-FIVE PERCENT OF THE MAXIMUM CREDIT TO BE CLAIMED BY BUSINESSES LOCATED IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-14-60, RELATING TO THE INVESTMENT TAX CREDIT, SO AS TO DOUBLE THE AMOUNT OF THE CREDIT FOR ANY QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY LOCATED IN A PORT ENHANCEMENT ZONE; AND TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXTEND THE EXEMPTION FOR MATERIALS HANDLING TO A TAXPAYER THAT INVESTS AT LEAST TWENTY MILLION DOLLARS IN A PORT ENHANCEMENT ZONE, AND TO EXTEND THE EXEMPTION FOR CONSTRUCTION MATERIALS TO A TAXPAYER THAT INVESTS AT LEAST FORTY MILLION DOLLARS, IN REAL AND PERSONAL PROPERTY, IN A PORT ENHANCEMENT ZONE.

S. 913 (Word version) -- Senators L. Martin, Davis, Hembree, Fair and Malloy: A BILL TO AMEND SECTION 30-4-50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, TO INCLUDE LAW ENFORCEMENT VEHICLE MOUNTED VIDEO AND AUDIO RECORDINGS IN THE LIST OF SPECIFIC CATEGORIES OF INFORMATION THAT IS TO BE MADE AVAILABLE TO THE PUBLIC, AND TO PROVIDE THAT LAW ENFORCEMENT MAY APPLY FOR INJUNCTIVE RELIEF FROM THE CIRCUIT COURT IF THERE IS CLEAR AND CONVINCING EVIDENCE OF SPECIFIC HARM FROM THE RELEASE OF THE RECORDING.

S. 982 (Word version) -- Senators Peeler, Grooms and Bryant: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT NATURAL GAS SOLD TO A PERSON WITH A MISCELLANEOUS FUEL USER FEE LICENSE WHO WILL PRODUCE COMPRESSED NATURAL GAS OR LIQUEFIED NATURAL GAS FOR USE AS MOTOR FUEL IN THEIR OWN MOTOR VEHICLES AND REMIT THE APPLICABLE MOTOR FUEL USER FEES.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (BBM\982C001.BBM.DG16), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION   __.   Section 12-28-110 of the 1976 Code is amended by adding two appropriately numbered items to read:

"( )   'Diesel gallon equivalent' or 'DGE' means the amount of liquefied natural gas containing the same energy content as one gallon of diesel. For purposes of calculating the motor fuel user fee on liquefied natural gas that is used or consumed in this State in producing or generating power for propelling a motor vehicle, each 6.06 pounds of liquefied natural gas equals one gallon of motor fuel.

( )   'Gasoline gallon equivalent' or 'GGE' means the amount of compressed natural gas or liquefied petroleum gas containing the same energy content as one gallon of gasoline. For purposes of calculating the motor fuel user fee on compressed natural gas or liquefied petroleum gas that is used or consumed in South Carolina in producing or generating power for propelling a motor vehicle, each 126.67 cubic feet of compressed natural gas, or 5.66 pounds if the compressed natural gas is dispensed via a mass flow meter, equals one gallon of motor fuel and each gallon of liquefied petroleum gas equals .73 of a gallon of motor fuel."

SECTION   __.   Article 1, Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-120.   For purposes of this chapter, any reference to the term gallon with respect to liquefied natural gas means diesel gallon equivalent (DGE) and any reference to the term gallon with respect to compressed natural gas or liquefied petroleum gas means gasoline gallon

equivalent (GGE). For any gaseous product for which a conversion factor is not provided for in this chapter, based on the best information available, the department shall establish a temporary conversion factor to determine the gallon equivalent. The department shall subsequently submit to the General Assembly a recommended legislative change for this conversion factor."

SECTION   __.   Section 12-36-2120(15) of the 1976 Code is amended by adding two appropriately lettered subitems to read:

"( )   natural gas sold to a person with a miscellaneous motor fuel user fee license pursuant to Section 12-28-1139 who will compress it to produce compressed natural gas, or cool it to produce liquefied natural gas, for use as a motor fuel and remit the motor fuel user fees as required by law; and

( )   liquefied petroleum gas sold to a person with a miscellaneous motor fuel user fee license pursuant to Section 12-28-1139 who will use the liquefied petroleum gas as a motor fuel and remit the motor fuel user fees as required by law;"

SECTION   __.   Section 12-28-1125(A) of the 1976 Code is amended to read:

"(A)   Each person who wishes to cause motor fuel subject to the user fee to be delivered into this State on his behalf, for his own account, or for resale to a purchaser in this State, from another state in a fuel transport truck or in a pipeline or barge shipment by any means into storage facilities other than a qualified terminal, shall apply and obtain an occasional importer's license or a bonded importer's license, at the discretion of the applicant." /

Renumber sections to conform.

Amend title to conform.

Senator CROMER explained the committee amendment.

The question then was second reading of the Bill.

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

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

Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Bright

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

S. 267 (Word version) -- Senators Young, Campsen, Hembree, Bennett, Turner, Thurmond, Davis, Bright, Bryant, L. Martin, S. Martin, Hayes, Campbell and Grooms: A BILL TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE FIRST THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIRST, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

The Senate proceeded to the consideration of the Bill.

Senators MASSEY and LEATHERMAN proposed the following amendment (JUD0267.006), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION   1.   Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180.   The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 five o'clock p.m. on the first second Thursday in June May. The regular annual session of the General Assembly can be extended:

(a)   In any year that if the House of Representatives fails to give a third reading to the annual General Appropriation Bill general appropriations bill by March thirty-first first, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first first that the House of Representatives fails to give the bill third reading.; or

(b)   if a forecast reduction is submitted by the Board of Economic Advisors pursuant to Section 11-9-880 after April tenth for the next fiscal year, the adjournment date for the General Assembly may be extended up to two weeks with the agreement of the Speaker of the House and the President Pro Tempore of the Senate; or

(c)   The session also may also be extended by if a concurrent resolution is adopted by a two-thirds vote of both the Senate and House of Representatives not later than 5:00 five o'clock p.m. on the first second Thursday in June May. During the time between 5:00 five o'clock p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Bill general appropriation bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."

SECTION   2.   Section 11-9-880(A) of the 1976 Code is amended to read:

"Section 11-9-880.   (A)   The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November tenth of each year. Adjustments to the forecast must be considered on December tenth and January tenth February tenth. A final forecast for the next fiscal year must be made on April tenth. A final forecast for the next fiscal year must be made on February fifteenth. The February fifteenth forecast may be adjusted monthly if the board determines that changing economic conditions have affected the February fifteenth forecast. However, prior

to June thirtieth, the board may reduce forecasts for the next fiscal year as it considers necessary. Before making or adjusting any forecast, the board must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:

(1)   a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;

(2)   a projection of state revenues on a quarterly basis;

(3)   separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate projections for these industries."

SECTION   3.   This act takes effect upon approval by the Governor and first applies for the next annual regular session of the General Assembly.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

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

H. 3682 (Word version) -- Reps. Finlay, Bannister, Newton, Cole, Delleney, Weeks, Whipper, Robinson-Simpson and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 39 SO AS TO ENACT THE "BAD FAITH ASSERTION OF PATENT INFRINGEMENT ACT", TO PROVIDE THAT BAD FAITH ASSERTIONS OF PATENT INFRINGEMENTS ARE PROHIBITED, TO DEFINE TERMS, TO PROVIDE FOR A PRIVATE CAUSE OF ACTION IN STATE COURTS BY A RECIPIENT OF A BAD FAITH ASSERTION TO PATENT INFRINGEMENT, TO PROVIDE THAT ENFORCEMENT ACTIONS MAY BE BROUGHT BY THE ATTORNEY GENERAL AND WILFUL AND KNOWING VIOLATIONS MAY RESULT IN CIVIL PENALTIES OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR EACH VIOLATION, TO PROVIDE FOR THE FACTORS THAT A COURT MAY CONSIDER WHEN MAKING A BAD FAITH DETERMINATION, AND TO PROVIDE EXCEPTIONS.

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

H. 3768 (Word version) -- Reps. G.M. Smith, Johnson and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA ABLE SAVINGS PROGRAM", TO ALLOW INDIVIDUALS WITH A DISABILITY AND THEIR FAMILIES TO SAVE PRIVATE FUNDS TO SUPPORT THE INDIVIDUAL WITH A DISABILITY, TO PROVIDE GUIDELINES TO THE STATE TREASURER FOR THE MAINTENANCE OF THESE ACCOUNTS, AND TO ESTABLISH THE SAVINGS PROGRAM TRUST FUND AND SAVINGS EXPENSE TRUST FUND; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 5, TITLE 11 AS ARTICLE 1 AND ENTITLE THEM "GENERAL PROVISIONS".

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

S. 1178 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4634, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator CAMPSEN, the Resolution was carried over.

S. 1179 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS; AND TURKEY HUNTING RULES AND SEASONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4635, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator CAMPSEN, the Resolution was carried over.

S. 1180 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF REGISTRATION FOR FORESTERS, RELATING TO FEES FOR REGISTRATION AND RENEWAL, DESIGNATED AS

REGULATION DOCUMENT NUMBER 4627, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator CAMPSEN, the Resolution was carried over.

S. 689 (Word version) -- Senators Hembree and McElveen: A BILL TO AMEND SECTION 56-1-50(B)(2) AND (C) OF THE 1976 CODE, RELATING TO MOTOR VEHICLE BEGINNER'S PERMIT AND VEHICLE OPERATION, TO PROVIDE THAT A PERMITTEE MAY NOT OPERATE A MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE AT ANY UNPERMITTED TIME UNLESS SUPERVISED BY A LICENSED MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE OPERATOR AND TO PROVIDE THAT THE ACCOMPANYING DRIVER MUST BE WITHIN A SAFE VIEWING DISTANCE OF THE PERMITTEE WHEN THE PERMITTEE IS OPERATING A MOTORCYCLE OR A THREE-WHEEL VEHICLE.

Senator BENNETT explained the Bill.

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

S. 1073 (Word version) -- Senators Setzler and Alexander: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2015 AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES.

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

S. 1075 (Word version) -- Senators Campbell, Hayes and Grooms: A BILL TO AMEND SECTION 12-28-110 OF THE 1976 CODE, RELATING TO DEFINITIONS PERTAINING TO MOTOR FUELS, TO AMEND CERTAIN DEFINITIONS; TO AMEND SECTION 56-5-4160 OF THE 1976 CODE, RELATING TO VEHICLE WEIGHTS AND LOADS, TO PROVIDE ADDITIONAL WEIGHT ALLOWANCES FOR MOTOR VEHICLES FUELED BY ALTERNATIVE FUEL; TO AMEND SECTION 12-37-2820, RELATING TO THE ASSESSMENT OF MOTOR VEHICLES, TO CLARIFY A DEFINITION AS IT RELATES TO MOTOR VEHICLES FUELED BY ALTERNATIVE

FUEL; TO ADD SECTION 12-6-3695, RELATING TO INCOME TAX CREDITS, TO ALLOW AN INCOME TAX CREDIT TO A TAXPAYER WHO PURCHASES OR CONSTRUCTS AND INSTALLS AND PLACES IN SERVICE IN THIS STATE ELIGIBLE PROPERTY THAT IS USED FOR DISTRIBUTION, DISPENSING, OR STORING ALTERNATIVE FUEL AT A NEW OR EXISTING FUEL DISTRIBUTION OR DISPENSING FACILITY, AND TO SPECIFY THE AMOUNT OF THE CREDIT AND THE REQUIREMENTS OF THE CREDIT; AND TO ADD SECTION 12-6-3697, RELATING TO INCOME TAX CREDITS, TO ALLOW FOR AN INCOME TAX CREDIT FOR THE INCREMENTAL COSTS OR CONVERSION COSTS OF THE AMOUNT EXPENDED TO PURCHASE OR CONVERT AN ALTERNATIVE FUEL HEAVY-DUTY VEHICLE, ALTERNATIVE FUEL VEHICLE, AND A BI-FUEL ALTERNATIVE FUEL VEHICLE, AND TO SPECIFY THE AMOUNT OF THE CREDITS AND THE REQUIREMENTS OF THE CREDIT.

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

S. 1115 (Word version) -- Senators Gregory, Rankin and Shealy: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE IN THIS STATE, SO AS TO PROVIDE A PUBLIC POLICY OF THE STATE OF SOUTH CAROLINA REGARDING THE AWARD OF ALIMONY.

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

S. 1125 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEXTILES COMMUNITIES REVITALIZATION INCOME TAX CREDIT, SO AS TO DELETE A PROVISION THAT LIMITS THE CREDIT TO FIFTY PERCENT OF CERTAIN LIABILITY.

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

S. 1136 (Word version) -- Senator Malloy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE FOR THE SEPARATE CONFINEMENT OF JUVENILE OFFENDERS FROM OLDER CONFINED PERSONS, SO AS TO CHANGE THE AGE FOR WHICH THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE SEPARATE CONFINEMENT OF

JUVENILE OFFENDERS FROM "UNDER THE AGE OF SEVENTEEN" TO "UNDER THE AGE OF EIGHTEEN".

Senator MALLOY explained the Resolution.

On motion of Senator DAVIS, the Resolution was carried over.

H. 3313 (Word version) -- Reps. Pope, Simrill, Ballentine, Felder, Atwater, Bedingfield, Spires, Clary, Collins, Delleney, Hamilton, Hiott, Hixon, V.S. Moss, Norman, Stringer, Toole, W.J. McLeod and Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO PROVIDE WHEN CALCULATING ROLL-BACK TAX DUE ON A PARCEL OF REAL PROPERTY CHANGED FROM AGRICULTURAL TO COMMERCIAL OR RESIDENTIAL USE THE VALUE USED FOR PLATTED GREEN SPACE OR OPEN SPACE USE OF THE PARCEL, IF SUCH USE IS TEN PERCENT OR MORE OF THE PARCEL, MUST BE VALUED BASED ON THE GREEN SPACE OR OPEN SPACE USE; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSES OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF IMPOSITION OF THE PROPERTY TAX, SO AS TO MAKE A CONFORMING AMENDMENT, AND TO PROVIDE THAT AFTER A PARCEL OF REAL PROPERTY HAS UNDERGONE AN ASSESSABLE TRANSFER OF INTEREST, DELINQUENT PROPERTY TAX AND PENALTIES ASSESSED BECAUSE THE PROPERTY WAS IMPROPERLY CLASSIFIED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY WHILE OWNED BY THE TRANSFEROR ARE SOLELY A PERSONAL LIABILITY OF THE TRANSFEROR AND DO NOT CONSTITUTE A LIEN ON THE PROPERTY AND ARE NOT ENFORCEABLE AGAINST THE PROPERTY AFTER THE ASSESSABLE TRANSFER OF INTEREST IF THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE WITHOUT NOTICE.

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

H. 3685 (Word version) -- Reps. D.C. Moss and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-219 SO AS TO PROVIDE THAT A FIVE DOLLAR SURCHARGE IS IMPOSED UPON ALL MONETARY PENALTIES IMPOSED BY CERTAIN COURTS FOR OFFENSES IN WHICH AN ELECTRONIC TICKET OR CITATION WAS ISSUED, AND TO PROVIDE FOR THE DISTRIBUTION OF THE SURCHARGE.

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

H. 3710 (Word version) -- Reps. Hixon, Norman, Taylor, Wells, Hamilton, Atwater, Brannon, Gagnon, Corley, Ballentine, Southard, Clemmons, Delleney, Gambrell, Huggins, Kennedy, Kirby, Loftis, D.C. Moss, Pitts, Riley, Rivers, Simrill, Toole and Bedingfield: A BILL TO AMEND SECTION 12-43-225, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT, SO AS TO PROVIDE FIVE ADDITIONAL YEARS OF ELIGIBILITY IN CERTAIN CIRCUMSTANCES.

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

H. 3909 (Word version) -- Reps. Herbkersman, Jefferson, Bernstein, G.A. Brown, Funderburk, Hill, W.J. McLeod, J.E. Smith, Whitmire, Gagnon, Dillard and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BICYCLE AND PEDESTRIAN SAFETY ACT"; BY ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLES WITH HELPER MOTORS SHALL BE SUBJECT TO ALL THE RIGHTS AND DUTIES OF BICYCLES; TO AMEND SECTION 56-1-1710, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO MOTORCYCLES OR BICYCLES; TO AMEND SECTION 56-5-990, RELATING TO CERTAIN PEDESTRIAN CONTROL SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO PEDESTRIAN CONTROL SIGNALS THAT EXHIBIT THE SYMBOLS FOR "WALK" OR "WAIT", AND TO PROVIDE THAT FOR PEDESTRIAN CROSSWALKS EQUIPPED WITH COUNTDOWN INDICATORS, A PEDESTRIAN MAY CROSS IF HE CAN COMPLETE THE CROSSING DURING THE REMAINING TIME; TO AMEND SECTION 56-5-3130, RELATING TO A PEDESTRIAN'S RIGHT-OF-WAY IN A CROSSWALK, SO AS TO PROVIDE THAT THE DRIVER OF A VEHICLE SHALL STOP TO YIELD TO A PEDESTRIAN CROSSING A ROADWAY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-3230,

RELATING TO A DRIVER'S DUTY TO EXERCISE DUE CARE WHEN OPERATING A VEHICLE, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO A DRIVER'S DUTY TO AVOID COLLIDING WITH AN ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, A WHEELCHAIR, A FARM TRACTOR, OR A SIMILAR VEHICLE DESIGNED FOR FARM USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 56-5-3425, RELATING TO THE DEFINITION OF THE TERM "BICYCLE LANE" AND OPERATIONS OF MOTOR VEHICLES AND BICYCLES ALONG BICYCLE LANES, SO AS TO REVISE THE DEFINITION OF THE TERM "BICYCLE LANE" AND TO PROVIDE A DEFINITION FOR THE TERM "SUBSTANDARD-WIDTH LANE"; AND TO AMEND SECTION 56-16-10, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE A DEFINITION FOR THE TERM "BICYCLES WITH HELPER MOTORS".

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

H. 4328 (Word version) -- Rep. White: A BILL TO AMEND SECTION 12-8-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY INCOME TAX WITHHOLDINGS, SO AS TO CHANGE THE DUE DATE OF THE FOURTH QUARTER RETURN FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY; AND TO AMEND SECTION 12-8-1550, RELATING TO THE DUE DATE FOR FILING STATEMENTS REGARDING INCOME TAX WITHHOLDINGS WITH THE DEPARTMENT OF REVENUE, SO AS TO CHANGE THE DUE DATE FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY.

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

H. 3706 (Word version) -- Reps. Putnam, Gagnon, Yow, Thayer, Gambrell, Ridgeway, Norrell, Henderson, Fry and Bedingfield: A BILL TO AMEND CHAPTER 99, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY TREATMENT FOR MEDICAL HAZARDS CAUSED BY INSECT STINGS, SO AS TO RENAME THE CHAPTER THE "EMERGENCY ANAPHYLAXIS TREATMENT ACT", TO ADD A DEFINITION FOR "EPINEPHRINE AUTO-INJECTOR", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A TRAINING AND CERTIFICATION PROGRAM

FOR INDIVIDUALS WHO ADMINISTER EPINEPHRINE AUTO-INJECTORS, TO ALLOW CERTAIN ENTITIES TO OBTAIN A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR FROM PHYSICIANS, PHARMACISTS, AND OTHER AUTHORIZED INDIVIDUALS, TO ALLOW PHYSICIANS, PHARMACISTS, AND OTHER AUTHORIZED INDIVIDUALS TO PRESCRIBE OR SELL A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR TO CERTAIN ENTITIES, TO ALLOW APPROPRIATELY CERTIFIED EMPLOYEES OF CERTAIN ENTITIES TO USE AN EPINEPHRINE AUTO-INJECTOR, TO PROVIDE LIABILITY LIMITATIONS FOR CERTAIN INDIVIDUALS AND ENTITIES WHEN ADMINISTERING AN EPINEPHRINE AUTO-INJECTOR, AND FOR OTHER PURPOSES.

Senator CLEARY explained the Bill.

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

S. 979 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 69, TITLE 40 OF THE 1976 CODE, RELATING TO VETERINARIANS, BY ADDING SECTION 40-69-300 TO DEFINE ANIMAL SHELTER AND VETERINARY SERVICES; TO PROVIDE FOR REGULATION OF ANIMAL SHELTERS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO REQUIRE CERTAIN MEDICAL RECORD MAINTENANCE AND RETENTION POLICIES FOR THE TREATMENT OF ANIMALS.

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

S. 981 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-3-9600 OF THE 1976 CODE, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA ANIMAL CARE AND CONTROL ASSOCIATION SHALL COORDINATE THE GRANT PROGRAM, BE ELIGIBLE TO RECEIVE REIMBURSEMENT, AND DISTRIBUTE GRANT MONEY; TO REQUIRE AN ANNUAL ACCOUNTING FOR THE PROGRAM; AND REQUIRE CERTAIN INFORMATION BEFORE A NONPROFIT ORGANIZATION CAN RECEIVE FUNDING UNDER THE GRANT PROGRAM.

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

S. 1028 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 3, TITLE 46 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF AGRICULTURE, SO AS TO ADD SECTION 46-3-280 TO PROVIDE FOR THE VETERANS AND WARRIORS TO AGRICULTURE PROGRAM AND FUND.

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

H. 3343 (Word version) -- Reps. Huggins, Toole, Long, McCoy, Knight, R.L. Brown, Pope, Collins, Bingham, Stavrinakis, Yow and Erickson: A BILL TO AMEND SECTION 47-3-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF EUTHANASIA THAT MAY BE USED TO KILL ANIMALS IMPOUNDED OR QUARANTINED IN ANIMAL SHELTERS, SO AS TO PROVIDE THAT THE USE OF BARBITURIC ACID DERIVATIVES, AND CARBON MONOXIDE GAS ARE NOT ALLOWABLE METHODS OF EUTHANASIA AND TO PROVIDE THAT THE USE OF SODIUM PENTOBARBITAL AND OTHER SUBSTANCES OR PROCEDURES THAT ARE HUMANE MAY BE USED TO PERFORM EUTHANASIA.

Senator VERDIN explained the Bill.

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

S. 1192 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DAVIS, the Resolution was carried over.

S. 1193 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DAVIS, the Resolution was carried over.

S. 1194 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROGRAM APPROVAL STANDARDS FOR SOUTH CAROLINA TEACHER EDUCATION INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4593, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DAVIS, the Resolution was carried over.

S. 1195 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SPECIAL EDUCATION, EDUCATION OF STUDENTS WITH DISABILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DAVIS, the Resolution was carried over.

S. 1198 (Word version) -- Senators Peeler, Alexander, Hayes, Scott and Rankin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2016, AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2016, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; IMMEDIATELY FOLLOWING THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES, TO ELECT MEMBERS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE APPELLATE PANEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE OR WHOSE TERMS OTHERWISE MUST BE FILLED; AND TO ESTABLISH PROCEDURES REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

On motion of Senator MASSEY, the Resolution was carried over.

H. 4717 (Word version) -- Reps. White, Lucas, Hiott, Simrill, G.M. Smith, Lowe, Whitmire, Taylor, George, V.S. Moss, J.E. Smith, M.S. McLeod, Bowers, Corley, Parks, McKnight, Douglas, Knight, Erickson, Sandifer, Willis, Kirby, Clary, Cobb-Hunter, Hardee, Duckworth, Johnson, Limehouse, Clyburn, Bales, Horne, Stavrinakis, Hayes, Yow, Neal, Kennedy, Newton, Tinkler, Riley, Howard, King, Henegan, Williams, Anthony, Clemmons, Crosby, Cole, Daning, Dillard, Forrester, Funderburk, Gambrell, Herbkersman, Hixon, Hosey, Loftis, Long, Pitts, Rivers, Rutherford, Ryhal, G.R. Smith, Wells, W.J. McLeod, Ridgeway, G.A. Brown, Bamberg, Hodges, Alexander, Thayer, McEachern, Gagnon, Whipper, R.L. Brown, Jefferson, Anderson, Spires and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO CREATE THE "SOUTH CAROLINA FARM AID FUND" TO ASSIST FARMERS WHO HAVE SUFFERED AT LEAST A FORTY PERCENT LOSS OF AGRICULTURAL COMMODITIES AS A RESULT OF A NATURAL DISASTER, TO CREATE THE FARM AID BOARD TO ADMINISTER THE FUND, AND TO SPECIFY ELIGIBILITY AND GRANT AMOUNTS.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (BBM\4717C002.BBM.DG16), which was adopted:

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

/     SECTION   2.   Chapter 1, Title 46 of the 1976 Code is amended by adding:

"Section 46-1-160.   (A)(1)   There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a grant program that provides financial assistance to farmers.

(2)   To be eligible for a grant, the person must have:

(a)   experienced a verifiable loss of agricultural commodities of at least forty percent as a result of the catastrophic flooding of October 2015, for which:

(i)     the Governor declared a state of emergency in the State; and

(ii)   the United States Secretary of Agriculture issued a Secretarial Disaster Declaration for the county in which the farm is located;

(b)   a farm number issued by the Farm Service Agency; and

(c)   signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.

(B)(1)   The Department of Agriculture shall administer the grant program authorized by this section. There is created the Farm Aid Advisory Board to make recommendations to the department regarding the duties of the department in administering the grant program. The Commissioner of Agriculture, or his designee, shall serve ex officio, as chairman of the board. Also, the Director of the Department of Revenue, or his designee, the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee, and the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee, shall serve on the board. Finally, the Commissioner of Agriculture shall appoint the following additional members to the board:

(a)   one member representing South Carolina Farm Bureau;

(b)   one member representing a farm credit association;

(c)   one member of the crop insurance industry; and

(d)   one agricultural commodities producer.

(2)   Within twenty days of the effective date of this section, the board shall hold its initial meeting to recommend an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a grant. Upon adoption of an application process, the Department of Agriculture shall provide the Chairman of the House Ways and Means Committee and the Senate Finance Committee with a written copy of its application process within ten days after its adoption. A person shall apply not later than forty-five days after the adoption of the application process. The department must ensure every person interested in applying for a grant has access to adequate resources to submit his application in a timely manner, and upon request, the department must assist a person with the preparation of his application.

(3)(a)   Each grant awarded by the department may not exceed twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any grant made to a related person, may not receive grants aggregating more than one hundred thousand. Also, a person, including any grant made to a related person,

may not receive grants that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a grant is made to a related person, the amount to be included in the limits set by this section must be the amount of the grant multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a grant solely because the other person or related person has otherwise received the maximum grant amount, but in this case, the person's grant amount is limited by the person's ownership interest.

(b)   If the total amount of grants allowed pursuant to subitem (a) exceeds the monies in the fund, then each person's grant must be reduced proportionately.

(4)   To determine loss, the department:

(a)   must measure the person's cumulative total loss of all affected agricultural commodities for 2015 against the person's expected production of all agricultural commodities affected by the flood in 2015;

(b)   shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the department shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and

(c)   may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the department shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.

(C)   Grant awards must be used for agricultural production expenses and losses due to the flood which demonstrate an intent to continue the agricultural operation; however, awards may not be used to purchase new equipment. The department shall develop guidelines and procedures to ensure that funds are expended in the manner outlined in grant applications, and may require any documentation it determines

necessary to verify the appropriate use of grant awards including receipts.

(D)   If the department determines that a person who received a grant provided inaccurate information, then the person shall refund the entire amount of the grant. If the department determines that a person who received a grant used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.

(E)(1)   From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund.

(2)   Upon the completion of the awarding of grants, but no later than July 1, 2018, the Farm Aid Advisory Board is dissolved, and this act is repealed. Any funds remaining in the fund upon dissolution and repeal shall lapse to the general fund.

(F)   The department may accept private funds, grants, and property to be used to make financial awards from the grant program.

(G)   The Department of Agriculture must administer the grant program authorized by this section using existing resources and funds.

(H)   For purposes of this section:

(1)   'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.

(2)   'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.

(3)   'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity."/

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the committee amendment.

Senator MASSEY proposed the following amendment (4717R003.EB.ASM):

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

/   SECTION   2.   Chapter 1, Title 46 of the 1976 Code is amended by adding:

"Section 46-1-160.   (A)(1)   There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Revenues credited to this fund in a fiscal year must be used to operate a loan program that provides financial assistance to farmers.

(2)   To be eligible for a loan the person must have:

(a)   experienced a verifiable loss of agricultural commodities of at least forty percent as a result of the catastrophic flooding of October 2015, for which:

(i)     the Governor declared a state of emergency in the State; and

(ii)   the United States Secretary of Agriculture issued a Secretarial Disaster Declaration for the county in which the farm is located;

(b)   a farm number issued by the Farm Service Agency; and

(c)   signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.

(B)(1)   The Department of Agriculture shall administer the loan program authorized by this section. There is created the Farm Aid Advisory Board to make recommendations to the department regarding the duties of the department in administering the loan program. The Commissioner of Agriculture, or his designee, shall serve ex officio, as chairman of the board. Also, the Director of the Department of Revenue, or his designee, the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee, and the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee, shall serve on the board. Finally, the following additional members shall be appointed to the board:

(a)   the Chairman of the House of Representatives Agriculture, Natural Resources, and Environmental Affairs Committee shall appoint one member;

(b)   the ranking member of the largest minority party on the House of Representatives Agriculture, Natural Resources, and Environmental Affairs Committee shall appoint one member;

(c)   the Chairman of the Senate Agriculture and Natural Resources Committee shall appoint one member; and

(d)   the ranking member of the largest minority party on the Senate Agriculture and Natural Resources Committee shall appoint one member.

(2)   Within twenty days of the effective date of this section, the board shall hold its initial meeting to recommend an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a loan. Upon adoption of an application process, the Department of Agriculture shall provide the Chairmen of the House Ways and Means Committee and the Senate Finance Committee with a written copy of its application process within ten days after its adoption. A person shall apply not later than forty-five days after the adoption of the application process. The department must ensure every person interested in applying for a loan has access to adequate resources to submit his application in a timely manner, and upon request, the department must assist a person with the preparation of his application.

(3)(a)   Each loan awarded by the department may not exceed twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any loan made to a related person, may not receive loans aggregating more than one hundred thousand dollars. Also, a person, including any loan made to a related person, may not receive loans that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a loan is made to a related person, the amount to be included in the limits set by this section must be the amount of the loan multiplied by the person's ownership interest in an entity owned by the related person. However, a person who shares an ownership interest with another person or entity may not be refused a loan solely because the other person or related person has otherwise received the maximum loan amount, but in this case, the person's loan amount is limited by the person's ownership interest.

(b)   Each loan awarded pursuant to this act shall bear no interest over its lifetime and each loan will have a term of no more than ten years. The Department of Agriculture shall collect the loan repayments and transfer the funds received to the State Treasurer for remittance to the general fund of the State.

(c)   If the total amount of loans allowed pursuant to subitem (a) exceeds the monies in the fund, then each person's loan must be reduced proportionately.

(4)   To determine loss, the department:

(a)   must measure the person's cumulative total loss of all affected agricultural commodities for 2015 against the person's expected production of all agricultural commodities affected by the flood in 2015;

(b)   shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the department shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and

(c)   may require any documentation or proof it considers necessary to efficiently administer the loan program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the department shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u pick records, and insurance documents.

(C)   Loan awards must be used for agricultural production expenses and losses due to the flood which demonstrate an intent to continue the agricultural operation; however, awards may not be used to purchase new equipment. The department shall develop guidelines and procedures to ensure that funds are expended in the manner outlined in the loan applications, and may require any documentation it determines necessary to verify the appropriate use of loan awards including receipts.

(D)(1)   If the department determines that a person who received a loan provided inaccurate information, then the person shall refund the entire amount of the loan immediately. If the department determines that a person who received a loan used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses. If the person does not refund the appropriate amount or fails to repay the full loan amount in the required time, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.

(2)   If the department determines that a person knowingly provided false information to obtain a loan pursuant to this section or knowingly used funds for ineligible expenses the person shall be guilty of violating Section 16-13-240.

(E)(1)   From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund.

(2)   Upon the completion of the awarding of loans, but no later than June 30, 2017, the Farm Aid Advisory Board is dissolved, and this act is repealed, except that the department shall continue to receive loan payments and transfer the repaid funds to the State Treasurer for remittance to the general fund of the State. Any funds remaining in the fund upon dissolution and repeal shall lapse to the general fund.

(F)   The department may accept private funds, grants, and property to be used to make financial awards for the loan program.

(G)   The Department of Agriculture must administer the loan program authorized by this section using existing resources and funds.

(H)   For purposes of this section:

(1)   'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.

(2)   'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.

(3)   'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity."   /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

Senator SETZLER spoke on the Bill.

Senator COLEMAN spoke on the Bill.

Senator MASSEY objected to further consideration of the Bill.

S. 1169 (Word version) -- Senators Gregory and Shealy: A BILL TO AMEND SECTION 20-3-130(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, SO AS TO PROVIDE FOR TWO NEW FORMS OF ALIMONY AND TO CHANGE THE DEFINITION OF

COHABITATION; TO AMEND SECTION 20-3-150, RELATING TO SEGREGATION OF ALLOWANCE BETWEEN SPOUSE AND CHILDREN AND THE EFFECT OF REMARRIAGE OF A SPOUSE, SO AS TO CHANGE THE DEFINITION OF COHABITATION.

Senator MALLOY explained the Bill.

Senator DAVIS objected to further consideration of the Bill.

H. 3147 (Word version) -- Reps. G.M. Smith, G.R. Smith, Huggins, Weeks, Taylor, Pope, Collins, Johnson, Stavrinakis, Yow, Clemmons, Goldfinch, Murphy, J.E. Smith and Mitchell: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF RETIREMENT BENEFITS ATTRIBUTABLE TO SERVICE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES; AND TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE RETIREMENT INCOME DEDUCTION, SO AS TO CONFORM THIS DEDUCTION TO THE MILITARY RETIREMENT DEDUCTION ALLOWED BY THIS ACT.

Senator DAVIS objected to further consideration of the Bill.

S. 980 (Word version) -- Senators Sheheen and McElveen: A BILL TO AMEND CHAPTER 69, TITLE 40 OF THE 1976 CODE, RELATING TO VETERINARIANS, BY ADDING SECTION 40-69-305 TO REQUIRE ALL PRESCRIPTION DRUGS DISPENSED TO AN ANIMAL'S OWNER TO BE LABELED IN ACCORDANCE WITH STATE AND FEDERAL LAW; AND TO PROVIDE PENALTIES FOR VIOLATING THIS SECTION.

Senator SHANE MARTIN objected to further consideration of the Bill.

H. 4141 (Word version) -- Reps. Gambrell, Sandifer and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "LIMITED LINES TRAVEL INSURANCE ACT" BY ADDING ARTICLE 6 TO CHAPTER 43, TITLE 38 SO AS TO PROVIDE A CITATION, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS ONLY UNDER WHICH TRAVEL RETAILERS MAY OFFER AND DISSEMINATE TRAVEL INSURANCE UNDER

A LIMITED LINES TRAVEL INSURANCE PRODUCER BUSINESS ENTITY LICENSE FOR COMPENSATION, TO PROVIDE THAT TRAVEL INSURANCE MAY BE PROVIDED UNDER AN INDIVIDUAL POLICY OR UNDER A GROUP OR MASTER POLICY, TO PROVIDE THAT LIMITED LINES TRAVEL INSURANCE PRODUCERS ACTING AS AN INSURANCE DESIGNEE ARE RESPONSIBLE FOR THE ACTS OF THE TRAVEL RETAILER AND SHALL USE REASONABLE MEANS TO ENSURE COMPLIANCE BY THE TRAVEL RETAILER WITH THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Senator SHANE MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

H. 4662 (Word version) -- Rep. Gambrell: A BILL TO REENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT AND RELATED PROVISIONS, ENACTED BY SECTIONS 1, 2, 3, AND 5, ACT 339 OF 2008, WHICH EXPIRED ON JUNE 1, 2014, AND TO MAKE THESE REENACTED PROVISIONS RETROACTIVE TO THIS EXPIRATION DATE, AND TO SPECIFICALLY NOT REENACT CERTAIN OBSOLETE PROVISIONS.

Senator SHANE MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

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

At 4:56 P.M., on motion of Senator CROMER, the Senate agreed to dispense with the balance of the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, McKnight, Clary, M.S. McLeod, Thayer, W.J. McLeod, Weeks, J.E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO

RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS

COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.

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

Senator MALLOY proposed the following amendment, which was tabled:

Amend the committee report, as and if amended, page [3184-3], by striking lines 16 through 24 and inserting the following:

/       (b)   one member must be appointed by majority vote of the legislative caucus of the majority political party in the Senate;

(c)   one member must be appointed by majority vote of the legislative caucus of the largest minority political party in the Senate;

(d)   one member must be appointed by majority vote of the legislative caucus of the majority political party in the House of Representatives; and

(e)   one member must be appointed by majority vote of the legislative caucus of the largest minority political party in the House of Representatives.               /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the perfecting amendment.

Senator LARRY MARTIN spoke on the perfecting amendment.

Senator LARRY MARTIN moved to lay the amendment on the table.

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

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Corbin                    Courson                   Davis

Fair                      Grooms                    Hayes
Hembree                   Leatherman                Martin, Larry
Martin, Shane             Massey                    Peeler
Shealy                    Turner                    Verdin
Young

Allen                     Hutto                     Jackson
Johnson                   Kimpson                   Malloy
Matthews, Margie          McElveen                  Nicholson
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Williams

The amendment was laid on the table.

Senator SHEHEEN proposed the following amendment (3184R019.EB.LAR):

Amend the committee amendment, as and if amended, by adding appropriately numbered new SECTIONS to read:

/   SECTION   __.   Section 8-13-1300(6) of the 1976 Code is amended to read:

"(6)   'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office, makes:

(a)   contributions aggregating at least twenty-five thousand dollars during an election cycle to or at the request of a candidate or a committee, or a combination of them; or

(b)   independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate. a person, two or more individuals, such as any person, association, organization, or other entity that makes or accepts anything of value to make contributions or expenditures, and has one or more of the following characteristics:

(a)   is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party; or

(b)   has the major purpose to support or oppose the nomination or election of one or more clearly identified candidates.

Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party.

If the entity qualifies as a 'committee' pursuant to this section, it continues to be a committee if it receives contributions or makes expenditures or maintains assets or liabilities. A committee ceases to exist when it winds up its operations, disposes of its assets, and files its final report.

'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election and has as the major purpose to support or oppose the nomination or election of a candidate to an elective office."

SECTION   __.   Section 8-13-1300(7) of the 1976 Code is amended to read:

"(7)   'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312."

SECTION   __.   Section 8-13-1300(23) of the 1976 Code is amended to read:

"(23)   'Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate or public official, for the

major purpose to support or oppose the nomination or election of a candidate to elective office, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. 'Noncandidate committee' does not include political action committees that contribute solely to federal campaigns."

SECTION   __.   Section 8-13-1300(32) of the 1976 Code is amended to read:

"(32)   'Ballot measure committee' means:

(a)   an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;

(b)   a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or

(c)   a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle.

a person, two or more individuals, such as any person, association, organization, or other entity that makes or accepts anything of value to make contributions or expenditures that has the major purpose to support or oppose the passage of a ballot measure."

SECTION   __.   Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )   'electioneering communication' means any broadcast, cable, or satellite communication or mass postal mailing or telephone bank that has the following characteristics:

(a)   refers to a candidate for elected office;

(b)   is publically aired or distributed within sixty days prior to a general election or within thirty days prior to a primary for that office; and

(c)   may be received by either:

(i)     fifty thousand or more individuals in the State in an election for statewide office, or seven thousand five hundred or more individuals in any other election if in the form of broadcast, cable, or satellite communication; or

(ii)   twenty thousand or more households, cumulative per election, in a statewide election or two thousand five hundred

households, cumulative per election, in any other election if in the form of mass mailing or telephone bank.

(d)   The definition does not include:

(i)     a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless those facilities are owned or controlled by any political party, political committee, or candidate;

(ii)   a communication that constitutes an expenditure or independent expenditure under this Article;

(iii)   a communication that constitutes a candidate debate or forum conducted pursuant to rules adopted by a political party or that solely promotes that debate or forum and is made by or on behalf of the person sponsoring the debate or forum;

(iv)   a communication made which, incidental to advocacy for or against a specific piece of legislation, ordinance, or local initiative pending before the General Assembly or governing body of a political subdivision, urges the audience to communicate with a member or members of the General Assembly or the governing body of a political subdivision, concerning that piece of legislation, ordinance, or local initiative; or

(v)   a communication that meets all of the following criteria:

(1)   does not mention any election, candidacy, political party, opposing candidate, or voting by the general public;

(2)   does not take a position on the candidate's character or qualifications and fitness for office; and

(3)   proposes a commercial transaction."

SECTION   __.   Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )   'Independent expenditure-only committee' means a committee that:

(a)   is not made by, controlled by, coordinated with, requested by, or made in consultation with a candidate, an agent of a candidate, a political party, or an agent of a political party;

(b)   does not make contributions to any candidate or other committee, with the exception of other independent expenditure-only committees;

(c)   makes only independent expenditures as defined by Section 8-13-1300(17); and

(d)   is organized for the major purpose to support or oppose the nomination or election of a candidate to elective office."

SECTION   __.   Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1301.   For purposes of this article, factors that shall be considered to determine whether a committee, ballot measure committee, a party committee, a legislative caucus committee, a noncandidate committee, or independent expenditure-only committee has the major purpose of supporting or opposing one or more candidates or the passage of one or more ballot measures include, but are not limited to:

(A)   any of the committee's organizational documents, including bylaws or articles of incorporation, identify advocacy to support or to oppose one or more candidates or the passage of one or more ballot measures as its major purpose;

(B)   over fifty percent of the committee's disbursements made within the State in a calendar year are made to support or to oppose one or more candidates or the passage of one or more ballot measures; or

(C)   over fifty percent of the committee's total disbursements made in a calendar year are made to support or to oppose one or more candidates or the passage of one or more ballot measures; or

(D)   the committee's public statements, including statements made in oral or written fundraising solicitations, identify advocacy in support of or in opposition to one or more candidates or the passage of one or more ballot measures as its major purpose."

SECTION   __.   Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1311.   Independent expenditure-only committees must:

(A)   file a statement of organization with the State Ethics Commission no later than five days after receiving or expending more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office;

(B)   under penalty of perjury, the chief executive officer or the controlling individual of the committee must file a certification that the independent expenditure-only committee is not made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate;

(C)   only make independent expenditures as defined by Section 8-13-1300(17); and

(D)   comply with all requirements, disclosures, and restrictions of committees under this Article except contribution limits under section 8-13-1322."

SECTION   __.   Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1313.   A person who is not a committee required to file subject to Section 8-13-1304 and who makes an independent expenditure as defined by Section 8-13-1300(17), in an aggregate amount or value in excess of five hundred dollars during a calendar year or makes an electioneering communication must file a report of such expenditure or communication with the State Ethics Commission pursuant to Section 8-13-365. This report must be filed within thirty days of making the independent expenditure, or if the independent expenditure or electioneering communication is made within thirty days before an election, the report must be filed within forty-eight hours. The report must include:

(1)   a detailed description of the use of the expenditure or communication and the amount of the expenditure or the cost of the communication;

(2)   the full name, primary occupation, street address, and phone number of the reporting person;

(3)   the identification of the chief executive officer, or for all controlling individuals if the reporting person is a business or another organization that is not an individual, to include name, title, employer, and address;

(4)   the name of the candidate or ballot measure that is the target of the independent expenditure or electioneering communication and whether the expenditure or communication was made in support of, or opposition to, the candidate or ballot measure;

(5)   the chief executive officer or controlling individual must file, under penalty of perjury, a certification that the independent expenditure is not made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate;

(6)   the identification of the top five donors to the reporting person and for any donor who has donated more than ten thousand dollars to the committee within the previous twelve months, to include name, primary occupation, address, and amount of the donation; and

(7)   if the donor is a business or another organization that is not an individual, then the identification must indicate the name and title of the chief executive officer or the controlling individual of the donor organization."

SECTION   __.   Section 8-13-1322 of the 1976 Code is amended to read:

"Section 8-13-1322.   (A)   A person may not contribute to a committee and a committee may not accept from a person contributions aggregating more than three thousand five hundred dollars in a calendar year.

(B)   A person may not contribute to a committee and a committee may not accept from a person a cash contribution unless the cash contribution does not exceed twenty-five dollars for each election and is accompanied by a record of the amount of the contribution and the name and address of the contributor.

(C)   The provisions of subsection (A) do not apply to independent expenditure-only committees registered with the State Ethics Commission."   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN spoke on the perfecting amendment.

Debate was interrupted by adjournment.

On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned to meet at 10:30 A.M. tomorrow.

On motion of Senator LEATHERMAN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Education Committee, the following appointments were taken up for immediate consideration:

Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2018
Public Research Institutions:
Louis B. Lynn, 85 Olde Springs Rd., Columbia, SC 29223

On motion of Senator COURSON, the question was confirmation of Louis B. Lynn.

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

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

The appointment of Louis B. Lynn was confirmed.
Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2018
Four-Year Institutions:
Allison Dean Love, 224 Wood Duck Road, Columbia, SC 29223

On motion of Senator COURSON, the question was confirmation of Allison Dean Love.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair

Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Allison Dean Love was confirmed.

Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2018
Technical and Comprehensive Education:
Paul O. Batson III, 296 Roberts Circle, Greer, SC 29650

On motion of Senator COURSON, the question was confirmation of Paul O. Batson III.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler

Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Paul O. Batson III was confirmed.

Initial Appointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2012, and to expire July 1, 2016
At-Large:
Devron H. Edwards, 231 Hiller Road, Chapin, SC 29036 VICE Tim Hofferth

On motion of Senator COURSON, the question was confirmation of Devron H. Edwards.

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

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

The appointment of Devron H. Edwards was confirmed.

Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2020
At-Large:
Devron H. Edwards, 231 Hiller Road, Chapin, SC 29036

On motion of Senator COURSON, the question was confirmation of Devron H. Edwards.

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

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

The appointment of Devron H. Edwards was confirmed.

Initial Appointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2012, and to expire July 1, 2016
At-Large/Chairman:
Tim M. Hofferth, 260 Edgewood Dr., Chapin, SC 29036 VICE John L. Finan (resigned)

On motion of Senator COURSON, the question was confirmation of Tim M. Hofferth.

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

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

The appointment of Tim M. Hofferth was confirmed.

Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2020
At-Large/Chairman:
Tim M. Hofferth, 260 Edgewood Dr., Chapin, SC 29036

On motion of Senator COURSON, the question was confirmation of Tim M. Hofferth.

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

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

The appointment of Tim M. Hofferth was confirmed.

Initial Appointment, John de la Howe School Board of Trustees, with the term to commence April 1, 2015, and to expire April 1, 2020
Jerry M. Griffin, 740 Creekbridge Dr., Rock Hill, SC 29732 VICE Alan D. Gardner (resigned)
On motion of Senator COURSON, the question was confirmation of Jerry M. Griffin.

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

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

The appointment of Jerry M. Griffin was confirmed.

Initial Appointment, South Carolina Commission on Archives and History, with term coterminous with Governor
At-Large:
Mark B. Kent, 2 West Hillcrest Drive, Greenville, SC 29609 VICE Christopher M. Curtis (resigned)

On motion of Senator COURSON, the question was confirmation of Mark B. Kent.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson

Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Mark B. Kent was confirmed.

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2015, and to expire June 30, 2018
At-Large:
Richard C. Webb, 115 Sundowne Place, Columbia, SC 29209 VICE Elizabeth W. Factor (resigned)

On motion of Senator COURSON, the question was confirmation of Richard C. Webb.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler

Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Richard C. Webb was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointments were taken up for immediate consideration:

Initial Appointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2013, and to expire June 30, 2017
3rd Congressional District:
Lamont A. Flowers, 107 Shefwood Dr., Easley, SC 29642 VICE Sherita M. Bolden

On motion of Senator LARRY MARTIN, the question was confirmation of Lamont A. Flowers.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler

Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Lamont A. Flowers was confirmed.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2016, and to expire June 30, 2022
At-Large:
Melody L. James, 152 Golden Pond Drive, Lexington, SC 29073

On motion of Senator LARRY MARTIN, the question was confirmation of Melody L. James.

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

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Corbin                    Courson                   Cromer
Fair                      Gregory                   Grooms
Jackson                   Johnson                   Leatherman
Lourie                    Martin, Larry             Martin, Shane
Nicholson                 Peeler                    Scott
Shealy                    Turner                    Verdin
Williams

Allen                     Davis                     Hayes
Hembree                   Hutto                     Kimpson
Malloy                    Massey                    Matthews, Margie
McElveen                  Rankin                    Sabb
Setzler                   Sheheen                   Thurmond
Young

The appointment of Melody L. James was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointments were taken up for immediate consideration:

Reappointment, South Carolina Real Estate Commission, with the term to commence June 30, 2015, and to expire June 30, 2019
General Public:
Jonathan T. Stackhouse, 2601 Lee Street, Columbia, SC 29205

On motion of Senator ALEXANDER, the question was confirmation of Jonathan T. Stackhouse.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Martin, Larry             Martin, Shane             Massey
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb

Scott                     Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams

Malloy                    Setzler                   Young

The appointment of Jonathan T. Stackhouse was confirmed.

Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2014, and to expire May 31, 2017
Licensed or Certified Appraiser:
Christopher D. Donato, 1220 Cadberry Court, Mt. Pleasant, SC 29464

On motion of Senator ALEXANDER, the question was confirmation of Christopher D. Donato.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Martin, Larry             Martin, Shane             Massey
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb

Scott                     Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams

Malloy                    Setzler                   Young

The appointment of Christopher D. Donato was confirmed.

Having received a favorable report from the Medical Affairs Committee, the following appointments were taken up for immediate consideration:

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2014, and to expire June 30, 2018
7th Congressional District:
Samuel F. Broughton, 1039 Wrenwood Road, Florence, SC 29505 VICE Freddie Lynn

On motion of Senator PEELER, the question was confirmation of Samuel F. Broughton.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie

Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Samuel F. Broughton was confirmed.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2013, and to expire June 30, 2017
4th Congressional District:
Catherine O. Fayssoux, 100 West Augusta Place, Greenville, SC 29605 VICE Richard C. Huntress

On motion of Senator PEELER, the question was confirmation of Catherine O. Fayssoux.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler

Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Catherine O. Fayssoux was confirmed.

Reappointment, South Carolina Mental Health Commission, with the term to commence March 21, 2016, and to expire March 21, 2021
3rd Congressional District:
Robert E. Hiott, 1012 Gap Hill Road, Six Mile, SC 29671

On motion of Senator PEELER, the question was confirmation of Robert E. Hiott.

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

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

The appointment of Robert E. Hiott was confirmed.

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2014, and to expire June 1, 2018
Public:
Elizabeth H. Bunge, 113 Lupine Ct., Lexington, SC 29072 VICE Walter L. Roark III

On motion of Senator PEELER, the question was confirmation of Elizabeth H. Bunge.

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

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

The appointment of Elizabeth H. Bunge was confirmed.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term coterminous with Governor
At-Large:
Bradley J. Keefer, 713 Dreamland Dr., Murrells Inlet, SC 29576 VICE Stephen V. Corey

On motion of Senator PEELER, the question was confirmation of Bradley J. Keefer.

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

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

The appointment of Bradley J. Keefer was confirmed.

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 30, 2012, and to expire June 30, 2016
Audiologist:
Gwendolyn D. Wilson, 2215 Hoffman Dr., Northwest, Orangeburg, SC 29118

On motion of Senator PEELER, the question was confirmation of Gwendolyn D. Wilson.

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

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

The appointment of Gwendolyn D. Wilson was confirmed.

Reappointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 30, 2016, and to expire June 30, 2020
Audiologist:
Gwendolyn D. Wilson, 2215 Hoffman Dr., Northwest, Orangeburg, SC 29118

On motion of Senator PEELER, the question was confirmation of Gwendolyn D. Wilson.

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

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

The appointment of Gwendolyn D. Wilson was confirmed.

Initial Appointment, South Carolina Mental Health Commission, with the term to commence March 14, 2013, and to expire March 14, 2018
6th Congressional District:
Louise F. Haynes, 4641 Ashley View Lane, North Charleston, SC 29406 VICE Stephen A. Imbeau (resigned)

On motion of Senator PEELER, the question was confirmation of Louise F. Haynes.

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell

Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

The appointment of Louise F. Haynes was confirmed.

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

On motion of Senator NICHOLSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George Nolan of Greenwood, S.C. Mr. Nolan served our country in the U. S. Air Force in Vietnam. He earned a degree from Widener University and worked at Lukens and Phoenix Steel. George was co-owner of Innovative Business Partners and was a consultant to Matrix Oxygen Injection Systems. He was involved in many civic activities and enjoyed cooking, hunting, fishing, boating, golf and skiing. George was a loving husband, devoted father and doting grandfather who will be dearly missed.

On motion of Senator NICHOLSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Ferqueron of Ninety Six, S.C. James served in the U.S. Air Force during World War II and retired from Greenwood Mills as the Vice President of Purchasing. He was a member of Immanuel Lutheran Church and a member of Greenwood Country Club. Mr. Ferqueron served on the Greenwood County Planning Board and was Chairman for the Zoning and Land Use Committee. James was a loving husband, devoted father and doting grandfather who will be dearly missed.

At 6:15 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:30 A.M.

This web page was last updated on Tuesday, April 11, 2017 at 11:44 A.M.