Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
We read in Genesis:
"Then the heavens and the earth were completed in all their vast array." (Genesis 2:1)
Let us pray:
Lord, we are reminded of the timely fashion in which You accomplished Your own early work of creation. Yet all we really seem able to focus on as this term draws near to a close is that time is slipping away and that many tasks remain unfinished. Moreover, today in this State House we find ourselves reflecting upon those gifted and dedicated servants who over the past year were too soon taken from our midst. Consequently, Holy God, we ask that, by Your grace, may those very remembrances inspire this Body as You tightly hold every Senator and each staff member here in Your loving embrace, encouraging them as only You can. We humbly pray this in Your blessed name, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LOURIE introduced Dr. S. Stanley Juk of Columbia, S.C., Doctor of the Day.
Senator DAVIS rose for an Expression of Personal Interest.
Senator SCOTT rose for an Expression of Personal Interest.
H. 4416 (Word version) -- Reps. Felder, Pope, Merrill, Burns, V.S. Moss and Pitts: A BILL TO AMEND SECTION 6-1-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS FROM IMPACT FEES, SO AS TO ADD EXEMPTIONS FOR CERTAIN SCHOOLS AND VOLUNTEER FIRE DEPARTMENTS.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1338 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS FIFTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THEIR FIFTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.
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The Senate Resolution was adopted.
S. 1339 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WALHALLA CHAPTER OF THE DAUGHTERS OF THE AMERICAN REVOLUTION ON THE CELEBRATION OF THEIR ONE HUNDREDTH ANNIVERSARY.
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The Senate Resolution was adopted.
S. 1340 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE OCONEE COUNTY HABITAT FOR HUMANITY FOR THEIR OUTSTANDING WORK TO ELIMINATE POVERTY HOUSING AND TO CONGRATULATE THEM ON THE OCCASION OF THEIR THIRTIETH ANNIVERSARY.
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The Senate Resolution was adopted.
S. 1341 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 34 FROM THE BISHOPVILLE CITY LIMITS TO THE LEE COUNTY/KERSHAW COUNTY LINE AS "GOVERNOR MCLEOD HIGHWAY" IN HONOR OF FORMER GOVERNOR THOMAS GORDON MCLEOD, AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
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The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1342 (Word version) -- Senator Bennett: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 1343 (Word version) -- Senator Coleman: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE RIGHT REVEREND DR. KENNETH MONROE AT THE QUADRENNIAL CELEBRATION OF HIS MINISTRY AS PRESIDING PRELATE OF THE SOUTH ATLANTIC EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL ZION CHURCH.
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The Senate Resolution was adopted.
S. 1344 (Word version) -- Senator Scott: A SENATE RESOLUTION TO HONOR AND CONGRATULATE PASTOR BOBBY L. SMITH, SR. ON THE OCCASION OF HIS TWENTY-FIFTH PASTORAL ANNIVERSARY AT ZION CANAAN BAPTIST CHURCH, AND TO WISH HIM CONTINUED HAPPINESS IN HIS SERVICE TO THE PEOPLE OF THE COMMUNITY.
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The Senate Resolution was adopted.
S. 1345 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF DR. LINDA VELDHEER, TO RECOGNIZE AND HONOR HER LIFE AND WORK, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1346 (Word version) -- Senators M. B. Matthews, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AND INTERCHANGE TO BE CONSTRUCTED AT THE PROPOSED EXIT 3 ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY THE "SENATOR CLEMENTA C. PINCKNEY MEMORIAL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SON OF SOUTH CAROLINA AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
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The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1347 (Word version) -- Senators M. B. Matthews, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THE JASPER OCEAN TERMINAL JOINT PROJECT OFFICE BOARD OF DIRECTORS NAME THE PROPOSED JASPER OCEAN TERMINAL TO BE LOCATED IN JASPER COUNTY IN HONOR OF THE LATE SENATOR CLEMENTA C. PINCKNEY.
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The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1348 (Word version) -- Senators Young, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, 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, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR COACH AL LOWN OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY FOR HIS OUTSTANDING CAREER AS BOTH COACH AND EDUCATOR, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4145 (Word version) -- Reps. White, Clemmons, Goldfinch, Yow, W.J. McLeod, Horne, Murphy, Erickson, Duckworth, Gagnon, Gambrell, Hardwick, Jordan, Long, Lowe, Pitts, Sandifer, Thayer, Willis, Loftis, Alexander, Johnson, Whipper, M.S. McLeod, Mitchell, Henegan, Anderson, Rivers and R.L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 1, TITLE 13 SO AS TO CREATE THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, TO DEVELOP A COMPREHENSIVE PLAN FOR WORKFORCE TRAINING AND EDUCATION UNDER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, TO PROVIDE LEGISLATIVE FINDINGS, TO PROVIDE DEFINITIONS, TO ESTABLISH THE DUTIES OF THE COUNCIL, TO ESTABLISH TO WHOM THE COMPREHENSIVE PLAN MUST BE SUBMITTED AND THE CONTENTS REQUIRED, TO PROVIDE FOR PROGRAM EVALUATIONS, TO PROVIDE FOR A BIENNIAL ASSESSMENT BY THE COUNCIL, TO PROVIDE THAT THE COUNCIL SHALL IMPROVE COORDINATION OF WORKFORCE DEVELOPMENT IN THE STATE, TO PROVIDE FOR THE CREATION OF A STATE STRATEGIC PLAN FOR SUPPLY OF HEALTH CARE PERSONNEL, TO PROVIDE THAT THE WORKFORCE DEVELOPMENT COUNCILS SHALL DEVELOP AND MAINTAIN A LOCAL UNIFIED PLAN FOR THE WORKFORCE DEVELOPMENT SYSTEM; BY ADDING ARTICLE 29 TO CHAPTER 53, TITLE 59 SO AS TO DEVELOP AND IMPLEMENT A CAREER PATHWAYS FOR SUCCESS INITIATIVE, TO ESTABLISH A PATHWAYS TO FIRST CAREERS PROGRAM, AND TO ESTABLISH A PATHWAYS TO NEW OPPORTUNITIES PROGRAM; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO HIRE AN APPRENTICE; BY ADDING SECTION 59-53-110 SO AS TO CREATE A WORKFORCE SCHOLARSHIP AND GRANT FUND; AND BY ADDING SECTION 12-6-3765 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO CONTRIBUTE TO THE WORKFORCE SCHOLARSHIP AND GRANT FUND.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis, Bradley and Collins: A BILL TO AMEND SECTION 44-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE REVISED UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE DEFINITION OF "TISSUE" TO INCLUDE BRAIN TISSUE IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-43-350, AS AMENDED, RELATING TO AUTHORIZED RECIPIENTS OF ANATOMICAL GIFTS, SO AS TO CLARIFY THAT GIFTS OF BRAIN TISSUE MAY BE USED ONLY FOR RESEARCH OR EDUCATION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 4521 (Word version) -- Reps. Putnam, Burns, Loftis, Felder, Taylor, Whipper and R.L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TUCKER HIPPS TRANSPARENCY ACT" BY ADDING SECTION 59-101-210 SO AS TO PROVIDE PUBLIC INSTITUTIONS OF HIGHER LEARNING SHALL MAINTAIN REPORTS OF INVESTIGATIONS AND RELATED INFORMATION OF MEMBERS OF FRATERNITIES, SORORITIES, AND OTHER SOCIAL ORGANIZATIONS, TO SPECIFY INFORMATION THAT MUST BE INCLUDED IN THE REPORTS, TO PROVIDE INSTITUTIONS SHALL MAKE THE REPORTS AVAILABLE TO THE PUBLIC AND ONLINE, AND SHALL FURNISH REPORTS TO STUDENTS AND THEIR PARENTS BEFORE THE STUDENTS MAY BEGIN THE FORMAL PROCESS OF JOINING A FRATERNITY OR SORORITY, TO PROVIDE OVERSIGHT AND ENFORCEMENT REQUIREMENTS OF THE COMMISSION ON HIGHER EDUCATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO PROVIDE FOR THE INITIAL COMPILATION OF THESE REPORTS BEFORE THE BEGINNING OF THE 2016-2017 ACADEMIC YEAR.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4580 (Word version) -- Reps. Jefferson, Hosey, Mitchell, Gilliard, Gagnon and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-263 SO AS TO PROVIDE THAT MEDICAL FOSTER HOMES APPROVED AND ANNUALLY REVIEWED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS PROVIDING CARE EXCLUSIVELY TO THREE OR FEWER VETERANS ARE EXEMPT FROM THE PROVISIONS OF CHAPTER 7, TITLE 44 IN REGARD TO HOSPITALS, NURSING HOMES, AND OTHER FACILITIES REQUIRED TO BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 5021 (Word version) -- Reps. Collins, Clary and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ADULT STUDENTS WITH DISABILITIES EDUCATIONAL RIGHTS CONSENT ACT" BY ADDING ARTICLE 3 TO CHAPTER 33, TITLE 59 SO AS TO PROVIDE PROCEDURES AND POLICIES THROUGH WHICH STUDENTS WHO ARE ELIGIBLE FOR SPECIAL EDUCATION UNDER THE INDIVIDUALS WITH DISABILITIES ACT AND WHO HAVE NOT BEEN DETERMINED TO BE INCAPACITATED IN PROBATE COURT MAY BE IDENTIFIED AS UNABLE TO PROVIDE INFORMED CONSENT WITH RESPECT TO HIS EDUCATIONAL PROGRAM AND DELEGATE THE AUTHORITY TO MAKE SUCH DECISIONS TO AN AGENT OR REPRESENTATIVE; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 33, TITLE 59 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS".
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation polled out H. 5118 favorable:
H. 5118 (Word version) -- Reps. Herbkersman and Newton: A BILL TO AMEND SECTION 56-2-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GOLF CART DECALS, THE REGISTRATION OF GOLF CARTS, AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT CERTAIN MUNICIPALITIES AND COUNTIES MAY ADOPT ORDINANCES THAT ALLOW GOLF CARTS TO BE OPERATED AT NIGHT.
AYES
Grooms Leatherman Rankin Malloy Campsen Cleary Peeler Campbell Allen Bennett Hembree Kimpson Sabb
Scott McElveen Johnson
NOT VOTING
Verdin
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
Reappointment, Director of Department of Health and Environmental Control, with the term to commence March 6, 2016, and to expire March 6, 2020
Catherine E. Heigel, 300 Waccamaw Ave., Greenville, SC 29605
Received as information.
Reappointment, Board of South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2013, and to expire June 30, 2017
At-Large:
Allen B. Amsler, 118 Harbra Court, Lexington, SC 29072
Received as information.
Reappointment, Board of South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2013, and to expire June 30, 2017
2nd Congressional District:
Robert Kenyon Wells, Post Office Box 429, Lexington, SC 29071
Received as information.
Reappointment, Board of South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2013, and to expire June 30, 2017
4th Congressional District:
Lemia Clarence Batts, Jr., 105 Rockport Way, Pacolet, SC 29372
Received as information.
Reappointment, Board of South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2013, and to expire June 30, 2017
5th Congressional District:
Ann B. Kirol, 310 Juniper View Rd., Rock Hill, SC 29730
Received as information.
Initial Appointment, Board of South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2015, and to expire June 30, 2019
6th Congressional District:
David W. Gillespie, 3328 Timberline Dr., Orangeburg, SC 29118 VICE John O. Hutto, Sr.
Received as information.
Senator COURSON from the Committee on Education submitted a favorable report on:
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)
Received as information.
Initial Appointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2016, and to expire July 1, 2020
At-Large:
Kenneth W. Kirkland, 407 Carriage Hill Rd., Greenville, SC 29681 VICE Clark B. Parker
Received as information.
S. 1308 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF SEPTEMBER 2016 AS "HUNGER ACTION MONTH" IN THE STATE OF SOUTH CAROLINA AND TO RECOGNIZE THE OUTSTANDING WORK OF THE SOUTH CAROLINA FOOD BANK ASSOCIATION.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered returned to the House with amendments.
H. 4492 (Word version) -- Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, G.M. Smith, Funderburk, Finlay and Pitts: A BILL TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.
H. 4546 (Word version) -- Reps. Putnam, Clyburn, Robinson-Simpson, Thayer, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, Quinn, Funderburk, Finlay, Jefferson, Willis and Bedingfield: A BILL TO AMEND SECTION 63-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CHILDREN'S CODE, SO AS TO ADD DEFINITIONS FOR "AGE-APPROPRIATE ACTIVITY", "CAREGIVER", AND "STANDARD OF CARE OF A REASONABLE AND PRUDENT PARENT"; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO PROVIDE FOR COURT CONSIDERATION OF LOCAL FOSTER CARE REVIEW BOARD RECOMMENDATIONS, TO REQUIRE THE COURT TO TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, THE LOCAL FOSTER CARE REVIEW BOARD, AND THE GUARDIAN AD LITEM BEFORE APPROVING A PLACEMENT PLAN, AND TO REQUIRE THE COURT TO REVIEW THE DEPARTMENT'S EFFORTS TO ENSURE A FOSTER CHILD HAS THE OPPORTUNITY TO ENGAGE IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-7-2310, RELATING TO THE FOSTER CARE SYSTEM, SO AS TO REQUIRE THE DEPARTMENT TO MAKE EFFORTS TO NORMALIZE THE LIVES OF CHILDREN IN FOSTER CARE BY ENABLING PARTICIPATION IN AGE-APPROPRIATE ACTIVITIES; TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO CHANGE THE FREQUENCY WITH WHICH THESE BOARDS MUST REVIEW CASES OF CHILDREN IN FOSTER CARE AND CERTAIN REPORTING REQUIREMENTS; TO AMEND SECTION 63-11-750, RELATING THE FOSTER CARE REVIEW BOARD'S RIGHT TO PARTICIPATE IN CHILD ABUSE AND NEGLECT JUDICIAL PROCEEDINGS, SO AS TO ALLOW THE BOARD TO INTRODUCE, EXAMINE, AND CROSS-EXAMINE WITNESSES; AND FOR OTHER PURPOSES.
H. 4765 (Word version) -- Reps. G.R. Smith, Parks, D.C. Moss, Cobb-Hunter, Jefferson, Duckworth, Daning, Kirby, R.L. Brown, Burns, Douglas, Brannon, Anthony, Mitchell, Ridgeway, Robinson-Simpson, Clyburn, Ryhal, Johnson, Yow, G.A. Brown, Riley, Taylor, Limehouse, Williams, Simrill, Bedingfield, Chumley, Dillard, Herbkersman, Hicks, Hill, Loftis, Long, V.S. Moss, Pope, Rivers, Thayer, Wells, Crosby and King: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD HABITAT FOR HUMANITY.
On motion of Senator SHANE MARTIN, the Bill was read the third time.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1262 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-40-50 OF THE 1976 CODE, RELATING TO POWERS AND DUTIES OF CHARTER SCHOOLS, SO AS TO ADD PROVISIONS CONCERNING CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES AND EDUCATIONALLY DISADVANTAGED STUDENTS; AND TO AMEND SECTION 59-40-111, RELATING TO CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES, TO REVISE CRITERIA FOR THIS DESIGNATION TO INCLUDE SCHOOLS WITH FIFTY PERCENT OR MORE OF STUDENTS HAVING DEMONSTRATED NEEDS FOR CERTAIN SPECIALIZED INSTRUCTION RELATED TO LITERACY, AND TO REVISE CONSIDERATIONS OF CERTAIN DATA THAT MUST BE MADE WHEN MEASURING THE PERFORMANCE OF A CHARTER SCHOOL IN MEETING CERTAIN STATE AND FEDERAL ACCOUNTABILITY STANDARDS.
The Senate proceeded to a consideration of the Bill.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 1035 (Word version) -- Senators Cleary and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TELEMEDICINE ACT" BY ADDING SECTION 40-47-37 SO AS TO FACILITATE THE USE OF TELEMEDICINE BY ESTABLISHING CERTAIN RECORDKEEPING REQUIREMENTS; TO AMEND SECTION 40-47-20, RELATING TO DEFINITIONS USED IN CHAPTER 47, TITLE 40, SO AS TO PROVIDE DEFINITIONS FOR "ASYNCHRONOUS STORE AND FORWARD TRANSFER" AND "TELEMEDICINE"; AND TO AMEND SECTION 40-47-113, RELATING TO THE REQUIREMENT OF A PHYSICIAN-PATIENT RELATIONSHIP BEFORE A PHYSICIAN MAY PRESCRIBE DRUGS FOR A PATIENT, SO AS TO ALLOW THE PRESCRIPTION OF DRUGS WHEN THE PHYSICIAN-PATIENT RELATIONSHIP IS ESTABLISHED BY TELEMEDICINE.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator CLEARY explained the amendments.
On motion of Senator CLEARY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, Burns, 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 House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator SCOTT spoke on the Bill.
Senator LARRY MARTIN explained the amendments.
On motion of Senator LARRY MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
On motion of Senator LEATHERMAN, the Senate agreed to recede at 11:55 A.M. for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate would stand adjourned.
At 11:55 A.M., on motion of Senator LEATHERMAN, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 P.M., the Senate appeared in the Hall of the House. The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 1311 (Word version) -- Senators L. Martin, Campsen and Malloy: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 25, 2016, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH EXPIRES JULY 31, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, SEAT 2, WHOSE TERM EXPIRES JULY 31, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, CHIEF JUDGE, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH EXPIRES JUNE 30, 2021; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2016; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER TO THE SC PUBLIC SERVICE COMMISSION, SEAT 1, TO FILL A TERM WHICH EXPIRES JUNE 30, 2020; TO ELECT A MEMBER TO THE SC PUBLIC SERVICE COMMISSION, SEAT 3, TO FILL A TERM WHICH EXPIRES JUNE 30, 2020; TO ELECT A MEMBER TO THE SC PUBLIC SERVICE COMMISSION, SEAT 5, TO FILL A TERM WHICH EXPIRES JUNE 30, 2020; AND TO ELECT A MEMBER TO THE SC PUBLIC SERVICE COMMISSION, SEAT 7, TO FILL A TERM WHICH EXPIRES JUNE 30, 2020.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Chief Justice, Supreme Court.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Donald Wayne Beatty had been screened and found qualified to serve.
Senator LARRY MARTIN placed the name of the Honorable Donald Wayne Beatty in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald Wayne Beatty was elected to the position of Chief Justice, Supreme Court for the term to expire December 31, 2016.
Senators MASSEY, GROOMS, BRYANT, BRIGHT, CAMPSEN and CORBIN desired to be recorded as voting against the election of the Honorable Donald Wayne Beatty.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Justice, Supreme Court, Seat 2.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John Cannon Few had been screened and found qualified to serve.
Senator LARRY MARTIN placed the name of the Honorable John Cannon Few in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John Cannon Few was elected to the position of Justice, Supreme Court, Seat 2 for the term to expire July 31, 2016.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Judge, Court of Appeals, Seat 5.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James Edward Lockemy and the Honorable Paula H. Thomas had been screened and found qualified to serve.
Senator LARRY MARTIN spoke on the nomination.
Senator LARRY MARTIN made a motion to recommit the election to the Judicial Merit Selection Committee.
Representative Bannister moved to table the motion to recommit the election.
The motion was tabled.
On motion of Senator LARRY MARTIN, the name Paula H. Thomas was withdrawn from consideration.
Representative Pitts spoke on the motion and moved to reject the slate of nominees.
Representative Rutherford moved to table the motion.
Representative Whipper made a parliamentary inquiry as to whether the motion by Representative Pitts was in order.
The PRESIDENT stated that the motion was in order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Alexander Allen Bennett Bryant Campbell Campsen Cleary Coleman Cromer Davis Fair Gambrell Gregory Hembree Johnson Kimpson Leatherman Lourie Malloy Massey Matthews, John Matthews, Margie McElveen Nicholson Rankin Reese Scott Setzler Sheheen Thurmond Turner Verdin Williams Young
The following named Senators voted in the negative:
Bright Corbin Courson Grooms Hayes Martin, Larry Peeler Shealy
Representative DELLENEY moved that, with unanimous consent, the House be allowed to vote by electronic roll call.
Representative PITTS objected.
The Reading Clerk of the House called the roll of the House, and the Representatives voted viva voce as their names were called:
The following named Representatives voted to table the motion:
Alexander Anderson Anthony Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Cole Delleney Dillard Duckworth Erickson Felder Fry Funderburk George Govan Hamilton Hardee Hart Hayes Henegan Herbkersman Hicks Hodges Horne Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Long Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Neal Norman Norrell Ott Parks Pope Quinn Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith J. E. Smith Spires Stavrinakis Tinkler Toole Weeks Whipper Williams Yow
The following named Representatives voted not to table the motion:
Allison Atwater Burns Clary Clemmons Collins Corley Crosby Daning Finlay Forrester Gagnon Henderson Hill Hiott Hixon Lowe Merrill Nanney Pitts Putnam Riley Sandifer G. R. Smith Sottile Stringer Tallon Taylor Thayer Wells White Whitmire Willis
By a vote of 114-41, the motion was tabled.
On motion of Senator LARRY MARTIN, the name of the Honorable James Edward Lockemy was placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Alexander Allen Bryant Campbell Cleary Coleman Courson Cromer Davis Fair Gambrell Gregory Grooms Hayes Hembree Johnson Kimpson Leatherman Lourie Malloy Matthews, John Matthews, Margie McElveen Nicholson Peeler Rankin Reese Scott Setzler Shealy Sheheen Thurmond Verdin Williams Young
The following named Senators abstained:
Bennett Bright Campsen Corbin Martin, Larry Massey
On the motion of Rep. Delleney, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Cole H. A. Crawford Daning Delleney Dillard Duckworth Erickson Felder Finlay Fry Funderburk George Govan Hamilton Hardee Hart Hayes Henegan Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Norman Ott Parks Pope Norrell Quinn Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith J. E. Smith Spires Stavrinakis Stringer Tallon Tinkler Toole Weeks Whipper Williams Yow
The following named Representatives voted in the negative:
Clary Clemmons Corley Forrester Gagnon Hill Hiott Hixon Pitts Putnam Riley Sandifer G. R. Smith Sottile Taylor Thayer Wells White Whitmire Willis
Total number of Senators voting 35
Total number of Representatives voting 106
Grand Total 141
Necessary to a choice 86
Ayes 121
Nays 20
Whereupon, the PRESIDENT announced that the Honorable James Edward Lockemy was elected to the position of Chief Judge, Court of Appeals, Seat 5 for the term to expire June 30, 2021.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of 4th Judicial Circuit, Circuit Court, Seat 1.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paul Michael Burch had been screened and found qualified to serve.
Senator LARRY MARTIN placed the name of the Honorable Paul Michael Burch in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Paul Michael Burch was elected to the position of 4th Judicial Circuit, Circuit Court, Seat 1 for the term to expire June 30, 2016.
The PRESIDENT announced that nominations were in order to elect a successor to the position of 13th Judicial Circuit, Family Court, Seat 3.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Wanda L. Adams, the Honorable Thomas Tredway Hodges, the Honorable Kimberly Boan Howard, the Honorable Kimaka Nichols-Graham, the Honorable Kenneth G. Southerlin, Jr. and the Honorable Katherine Hall Tiffany had been screened and found qualified to serve.
On motion of Senator LARRY MARTIN, the names of Wanda L. Adams, the Honorable Thomas Tredway Hodges, the Honorable Kimberly Boan Howard, the Honorable Kimaka Nichols-Graham, and the Honorable Kenneth G. Southerlin, Jr. were withdrawn from consideration.
Senator LARRY MARTIN placed the name of the Honorable Katherine Hall Tiffany in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Katherine Hall Tiffany was elected to the position of 13th Judicial Circuit, Family Court, Seat 3 for the term to expire June 30, 2016.
The PRESIDENT announced that nominations were in order to elect a successor to the position of 13th Judicial Circuit, Family Court, Seat 4.
Senator LARRY MARTIN, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James Crayton Alexander and the Honorable Karen Sanchez Roper had been screened and found qualified to serve.
On motion of Senator LARRY MARTIN, the names of the Honorable James Crayton Alexander and the Honorable Karen Sanchez Roper were placed in nomination.
On motion of Senator LARRY MARTIN, the name of James Crayton Alexander was withdrawn from consideration.
Senator LARRY MARTIN placed the name of the Honorable Karen Sanchez Roper in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Karen Sanchez Roper was elected to the position of 13th Judicial Circuit, Family Court, Seat 4 for the term to expire June 30, 2016.
The PRESIDENT announced that the Joint Assembly would proceed to the election of members to the Public Service Commission.
The PRESIDENT announced that nominations were in order to elect a successor to fill a position on the Public Service Commission, First District.
Senator ALEXANDER, Chairman of the Screening Committee, indicated that Mr. John E. "Butch" Howard and Carolyn L. "Carolee" Williams had been screened and found qualified to serve and placed their names in nomination.
On motion of Senator ALEXANDER, the name of Carolyn L. "Carolee" Williams was withdrawn from consideration.
Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John E. "Butch" Howard was elected to the Public Service Commission, First District for the term to expire June 30, 2020.
The PRESIDENT announced that nominations were in order to elect a successor to fill a position on the Public Service Commission, Third District.
Senator ALEXANDER, Chairman of the Screening Committee, indicated that Comer H. "Randy" Randall III had been screened and found qualified to serve and placed his name in nomination.
Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Comer H. "Randy" Randall III was elected to the Public Service Commission, Third District for the term to expire June 30, 2020.
The PRESIDENT announced that nominations were in order to elect a successor to fill a position on the Public Service Commission, Fifth District.
Senator ALEXANDER, Chairman of the Screening Committee, indicated that William J. "Billy" Hagner and Swain E. Whitfield had been screened and found qualified to serve.
On motion of Senator ALEXANDER the name of William J. "Billy" Hagner was withdrawn from consideration.
Senator ALEXANDER placed the names of Swain E. Whitfield in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Swain E. Whitfield a was elected to the Public Service Commission, Fifth District for the term to expire June 30, 2020.
The PRESIDENT announced that nominations were in order to elect a successor to fill a position on the Public Service Commission, Seventh District.
Senator ALEXANDER, Chairman of the Screening Committee, indicated that G. O'Neal Hamilton had been screened and found qualified to serve.
Senator ALEXANDER placed the name of G. O'Neal Hamilton in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable G. O'Neal Hamilton a was elected to the Public Service Commission, Seventh District for the term to expire June 30, 2020.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned.
The Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:56 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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