South Carolina General Assembly
121st Session, 2015-2016
Journal of the Senate


Printed Page 3412 . . . . . Wednesday, June 1, 2016

Wednesday, June 1, 2016
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In the book of Proverbs we are reminded that:

"Just as water reflects the face, so one human heart reflects another."

(Proverbs 27:19)

Let us pray:

The sands of time continue falling through the hourglass, O Lord. With precious little time remaining, the members of this Senate still have a number of matters to address, as well as issues that cry out for resolution. We ask with all our heart that You will hold each Senator and every staff member in Your loving embrace, dear God, encouraging them as only You can here in these final days of this regular legislative session. May their debates, their actions, their intentions be genuinely heartfelt, reflecting their commitment to bringing about the very best results, and may every citizen of our State be blessed by their actions. In Your hopeful name we pray, O Lord. Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Letonya T. Simmons, 202 Twilight Place, Simpsonville, SC 29681

Initial Appointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Laura M. Saunders, 228 Cammer Ave., Greenville, SC 29605


Printed Page 3413 . . . . . Wednesday, June 1, 2016

Doctor of the Day

Senator KIMPSON introduced Dr. Hugh Durrence of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MALLOY, at 5:00 P.M., Senator THURMOND was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator CROMER, at 5:00 P.M., Senator CLEARY was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator SHANE MARTIN, at 5:48 P.M., Senator RANKIN was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator JACKSON, at 7:00 P.M., Senator WILLIAMS was granted a leave of absence for the balance of the day.

Expression of Personal Interest

Senator CLEARY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator DAVIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator KIMPSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator JOHNSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

Remarks by Senator JOHNSON

Thank you Mr. PRESIDENT, members of the Senate. I tried to beat Senator CAMPSEN; I tried to get up here after Senator DAVIS. Senator DAVIS has been giving us some very important stories of folks that he is dealing with on an issue that he is passing. It relates to medical marijuana. I really do appreciate his passion on that issue and when the


Printed Page 3414 . . . . . Wednesday, June 1, 2016

Medical Marijuana Bill came up before the Medical Affairs Committee, I was against it but I stated my reasons why and I will state again why, I am against the Bill.

I am against the Bill because of some conversation that I've had with law enforcement on all levels in South Carolina and conversations I've had with the medical community -- some in my district and some outside of my district. Also with some issues I think could happen to the State -- I think that it wouldn't be so good for the State. I applaud his passion and I understand how he feels about people who have some very serious health issues that can possibly be helped, or at least comforted, with the use of medical marijuana or cannabis oil. As I said before, I understand and, I am not saying my position will not ever change, but that is my position as it stands today.

I want to talk about Medicaid expansion. Although it's been well documented by Senator DAVIS that the use of medical marijuana or cannabis oil will benefit people who have health issues, I still have a sincere and a deep concern for folks who have health issues across the spectrum that cannot even get those issues addressed because they don't have access to health insurance and quality health care. I think there are a lot more people in South Carolina, depending on what you look at -- several hundred thousand people could have a healthier life and live longer if they had access to health insurance. I just want to make that point because I've heard Senators and heard their passion and plea for certain segments, but we have a lot of South Carolinians that can't even get health care because they can't afford it, it's not available to them, or they don't have access to it. Expanding Medicaid will help them. If we really want to help people live healthier, live longer, have access to quality care, and not have them run to the emergency room for the most expensive type of health care that they would not be able to pay for and that the hospitals and health care facilities would not be able to collect from -- I still say that we need to take a look at Medicaid expansion and I would hope that those of us that really are passionate about plight of the health care of South Carolina citizens will join me. I will be making that push again in January so let's put politics aside and let's try to help the hundreds of thousands of South Carolinians gain or have access to quality health insurance. Thank you.

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


Printed Page 3415 . . . . . Wednesday, June 1, 2016

RECALLED AND ADOPTED

H. 5419 (Word version) -- Rep. W.J. McLeod: A CONCURRENT RESOLUTION TO DECLARE MAY 2016 "ELECTRICAL SAFETY MONTH" IN SOUTH CAROLINA AND ENCOURAGE ALL CITIZENS TO ESTABLISH AND PRACTICE ELECTRICAL SAFETY HABITS IN THE HOME, SCHOOL, AND WORKPLACE TO REDUCE THE NUMBER OF ELECTRICALLY-RELATED FIRES, INJURIES, AND DEATHS.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Labor, Commerce and Industry.

The Concurrent Resolution was recalled from the Committee on Labor, Commerce and Industry.

Senator ALEXANDER asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution.

The question then was the adoption of the Concurrent Resolution.

On motion of Senator ALEXANDER the Concurrent Resolution was adopted and ordered sent to the House.

RECALLED AND ADOPTED

H. 4322 (Word version) -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SIMS STREET IN THE CITY OF GEORGETOWN FROM ITS INTERSECTION WITH NORTH CONGDON STREET TO ITS INTERSECTION WITH NORTH MERRIMAN ROAD "MARINE CORPORAL NATHANIEL JACKSON MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THIS DESIGNATION.

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

Senator GROOMS asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.

There was no objection.


Printed Page 3416 . . . . . Wednesday, June 1, 2016

The Senate proceeded to a consideration of the Concurrent Resolution. The question then was the adoption of the Concurrent Resolution.

On motion of Senator GROOMS, the Concurrent Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1365 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND HONOR EDWARDS PRINTING, LLC IN WESTMINSTER FOR CONSISTENTLY EMPLOYING THOSE WITH DISABILITIES AND TO CONGRATULATE THEM ON BEING NAMED "MEDIUM EMPLOYER OF THE YEAR" BY THE GOVERNOR'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES.
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The Senate Resolution was adopted.

S. 1366 (Word version) -- Senators Leatherman, Campbell, Grooms and Campsen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE BOEING COMPANY ON THE OCCASION OF CELEBRATING ITS CENTENNIAL AND TO THANK THE COMPANY FOR ITS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO THE CITIZENS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 1367 (Word version) -- Senators Gambrell, 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, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE BELTON-HONEA PATH HIGH SCHOOL VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXTRAORDINARY SEASON AND TO


Printed Page 3417 . . . . . Wednesday, June 1, 2016

CONGRATULATE THEM FOR CAPTURING THE 2016 SOUTH CAROLINA CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

S. 1368 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE AYNOR HIGH SCHOOL VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE SOUTH CAROLINA 2016 CLASS AA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

H. 5402 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF THE PAMPLICO HIGHWAY IN FLORENCE COUNTY FROM ITS INTERSECTION WITH FLOWERS ROAD TO ITS INTERSECTION WITH BRANCH ROAD "CHIEF APOSTLE FRED GRAHAM HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 5404 (Word version) -- Rep. W. J. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26/SOUTH CAROLINA HIGHWAY 773 INTERCHANGE IN NEWBERRY COUNTY THE "SENATOR TOM POPE INTERCHANGE" IN HONOR OF FORMER SENATOR TOM POPE AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

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

H. 5405 (Word version) -- Rep. W. J. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26/SOUTH CAROLINA HIGHWAY 202 INTERCHANGE IN NEWBERRY COUNTY THE "SENATOR EUGENE GRIFFITH INTERCHANGE" IN HONOR OF FORMER


Printed Page 3418 . . . . . Wednesday, June 1, 2016

SENATOR EUGENE GRIFFITH AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 5416 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 401 AND DOG ISLAND ROAD IN LEE COUNTY "ATKINSON CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THIS DESIGNATION.

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

H. 5420 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS AT THE INTERSECTION OF CROWFIELD BOULEVARD AND UNITED STATES HIGHWAY 176, AND AT THE INTERSECTION OF CROWFIELD BOULEVARD AND COLLEGE PARK ROAD IN BERKELEY COUNTY THAT CONTAIN THE WORDS "HOME OF THE STRATFORD HIGH SCHOOL LADY KNIGHTS, THE 2016 AAAA STATE SOFTBALL CHAMPIONS".

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 5454 (Word version) -- Reps. Bernstein and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOEL LOURIE FOR HIS TWELVE YEARS OF COMMITTED SERVICE TO THE CITIZENS OF SENATE DISTRICT 22 IN KERSHAW AND RICHLAND COUNTIES AND SIX YEARS OF COMMITTED SERVICE TO THE CITIZENS OF HOUSE DISTRICT 78 IN RICHLAND COUNTY AND TO WISH HIM CONTENTMENT AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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


Printed Page 3419 . . . . . Wednesday, June 1, 2016

H. 5455 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA COLLEGE WOMEN IN LEADERSHIP IN SOUTH CAROLINA COURSE FOR ITS CONTRIBUTION TO THE SUPPORT, ENCOURAGEMENT, AND DEVELOPMENT OF WOMEN IN LEADERSHIP IN THE PALMETTO STATE.

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

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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


Printed Page 3420 . . . . . Wednesday, June 1, 2016

CONVINCING EVIDENCE OF SPECIFIC HARM FROM THE RELEASE OF THE RECORDING.
asks for a Committee of Conference, and has appointed Reps. Newton, Norrell and Taylor to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators M.B. MATTHEWS, HEMBREE and LARRY MARTIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3186 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.R. Smith, G.M. Smith, McCoy, Clary, J.E. Smith, W.J. McLeod, Weeks, Whipper, Hicks, Atwater, Ballentine and Stavrinakis: A BILL TO AMEND SECTION 8-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO REVISE THE DEFINITION OF "BUSINESS WITH WHICH HE IS ASSOCIATED"; AND TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.
asks for a Committee of Conference, and has appointed Reps. Finlay, G.M. Smith and Bernstein to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3421 . . . . . Wednesday, June 1, 2016

CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators LARRY MARTIN, CAMPSEN and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

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.
Very respectfully,
Speaker of the House

Received as information.

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to waive the provisions of Rule 32A requiring H. 4765 to be printed on the Calendar.

NONCONCURRENCE

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


Printed Page 3422 . . . . . Wednesday, June 1, 2016

THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD HABITAT FOR HUMANITY.

The House returned the Bill with amendments, the question being concurrence in the House amendments.

Senator LEATHERMAN explained the amendments.

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

Ayes 0; Nays 40

AYES

Total--0

NAYS

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

Total--40

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.


Printed Page 3423 . . . . . Wednesday, June 1, 2016

Message from the House

Columbia, S.C., May 31, 2016

Mr. President and Senators:

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

H. 5299 (Word version) -- Reps. G.M. Smith, J.E. Smith, Herbkersman, Huggins, Merrill, Anderson, Spires, McCoy, Limehouse, Collins, Stavrinakis, Bernstein, Riley, Bannister, Finlay, Weeks, Bingham, Rutherford, Kennedy, Newton, Horne, Cole, Jefferson, Williams and R.L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-445 SO AS TO GIVE THE GOVERNOR AUTHORITY IN TIMES OF EMERGENCY TO MAKE CERTAIN ACCOMMODATIONS FOR A PERSON TRANSPORTING GOODS, AND TO PROVIDE FOR A CERTIFICATION SYSTEM.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 26, 2016

Mr. President and Senators:

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

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


Printed Page 3424 . . . . . Wednesday, June 1, 2016

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.
Very respectfully,
Speaker of the House

Received as information.

H. 4492--SENATE INSISTS ON THEIR AMENDMENTS

On motion of Senator LARRY MARTIN, the Senate insisted upon its amendments to H. 4492 and asked for a Committee of Conference.

CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators SHEALY, YOUNG and McELVEEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 31, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 200, H. 3849 by a vote of 0 to 105:

(R200, H3849 (Word version)) -- Rep. Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO EXEMPT PERSONALLY IDENTIFIABLE INFORMATION IN CERTAIN EVALUATIONS OF PUBLIC SCHOOL EDUCATORS AND STUDENT TEACHERS FROM PUBLIC DISCLOSURE.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.


Printed Page 3425 . . . . . Wednesday, June 1, 2016

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.208, H. 5011 by a vote of 80 to 13:

(R208, H5011 (Word version)) -- Reps. Clemmons, Fry, Johnson, Duckworth, Hardee, Anderson, Goldfinch, George, Hayes, H.A. Crawford and Ryhal: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

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.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3426 . . . . . Wednesday, June 1, 2016

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

S. 1258 (Word version) -- Finance Committee: A BILL TO AMEND CHAPTER 43, TITLE 11 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, TO PROVIDE FOR THE DISTRIBUTION BY THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK OF CERTAIN FEES AND FINES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES TRANSFERRED TO THE STATE HIGHWAY FUND; TO AMEND SECTIONS 12-37-2740(D), 38-73-470, 56-1-170(B)(3), 56-1-200, 56-1-286(K)(1), 56-1-390(2), 56-1-400(A), 56-1-460(A)(1)(e)(iii), 56-1-550, 56-1-740(B)(3), 56-1-746(D)(3), 56-1-2080, 56-3-355, 56-3-1335, 56-5-750(G)(3), 56-5-2951(B)(1), 56-5-2951(H)(3), 56-9-330, 56-10-240(C), 56-10-245, 56-10-552, 56-19-420(C), AND 56-19-520(A)(4), ALL OF THE 1976 CODE, ALL RELATING TO FEES OR FINES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT ALL OR A PORTION OF THE FEES SHALL BE CREDITED TO THE STATE HIGHWAY FUND, AND TO PROVIDE FOR THE DISTRIBUTION OF THOSE FUNDS BY THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; TO AMEND SECTION 12-36-2647 OF THE 1976 CODE, AS ENACTED IN ACT 98 OF 2013 AND RELATED TO SOURCES OF REVENUE USED FOR HIGHWAY CONSTRUCTION AND MAINTENANCE, TO PROVIDE THAT THE REVENUES OF SALES, USE, AND CASUAL EXCISE TAXES DERIVED PURSUANT TO SECTIONS 12-36-2620(1) AND 12-36-2640(1) ON THE SALE, USE, OR TITLING OF A MOTOR VEHICLE MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND TO PROVIDE FOR THE DISTRIBUTION OF THOSE FUNDS BY THE DEPARTMENT OF


Printed Page 3427 . . . . . Wednesday, June 1, 2016

TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 5001 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

H. 5001--REPORT OF COMMITTEE OF CONFERENCE
ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

H. 5002 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2015-2016, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED


Printed Page 3428 . . . . . Wednesday, June 1, 2016

FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

H. 5002--REPORT OF COMMITTEE OF CONFERENCE
ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

H. 4763 (Word version) -- Reps. Pope, D.C. Moss, Yow, Hardee, Duckworth, Johnson, Goldfinch, Southard, Long, Felder, Taylor, George, Simrill, Jordan, Chumley, Clemmons, Sandifer, Wells, Whitmire, Funderburk and Tallon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-180 SO AS TO CREATE THE INTERNET CRIMES AGAINST CHILDREN FUND TO INVESTIGATE, PROSECUTE, AND PREVENT INTERNET CRIMES AGAINST CHILDREN; AND TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY CERTAIN COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT THAT A PERSON MUST PAY.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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


Printed Page 3429 . . . . . Wednesday, June 1, 2016

H. 3891 (Word version) -- Reps. Toole, Long, Bedingfield, J.E. Smith, Anderson, Forrester, Rutherford and Sandifer: A BILL TO AMEND SECTION 56-31-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURCHARGES ON RENTAL OR PRIVATE PASSENGER MOTOR VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO DEFINE NECESSARY TERMS, TO DELETE EXISTING SURCHARGE PROVISIONS, TO INSTEAD PROVIDE RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING VEHICLES FOR PERIODS OF NINETY DAYS OR LESS MAY CHARGE SEPARATELY STATED FEES WHICH MAY INCLUDE CERTAIN FEES AND TAXES, TO PROVIDE THE AMOUNT OF THE CHARGE MUST REPRESENT THE GOOD FAITH ESTIMATE BY THE MOTOR VEHICLE RENTAL COMPANY OF ITS DAILY CHARGE CALCULATED TO RECOVER ITS ACTUAL TOTAL ANNUAL RECOVERABLE COSTS, TO PROVIDE REQUIREMENTS FOR WHEN THE TOTAL AMOUNT OF THE VEHICLE LICENSE FEES COLLECTED BY A MOTOR VEHICLE RENTAL COMPANY IN ANY CALENDAR YEAR EXCEEDS THE ACTUAL COSTS OF THE CAR RENTAL COMPANY DURING THAT PERIOD, TO REQUIRE A CERTAIN DESCRIPTION OF VEHICLE LICENSE FEES IN THE VEHICLE RENTAL AGREEMENTS, AND TO PROVIDE THAT VEHICLE LICENSE FEES ARE SUBJECT TO CERTAIN SALES AND USE TAXES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

H. 4931 (Word version) -- Reps. Gambrell, Gagnon, Bannister, Mitchell and Thayer: A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR PROFESSIONAL BONDSMEN, SURETY BONDSMEN, AND RUNNERS, SO AS TO INCREASE THE NUMBER OF HOURS OF


Printed Page 3430 . . . . . Wednesday, June 1, 2016

EDUCATION REQUIRED FOR LICENSURE AND FOR CONTINUING EDUCATION; AND TO AMEND SECTION 38-53-320, RELATING TO VISITING AND EXAMINING PROFESSIONAL BONDSMEN BY THE DEPARTMENT OF INSURANCE, SO AS TO SUBJECT SURETIES TO THESE VISITS AND EXAMINATIONS, AND TO REQUIRE BONDSMEN TO MAINTAIN A PROPERLY ZONED OFFICE IN THIS STATE THAT IS ACCESSIBLE TO THE GENERAL PUBLIC AND DEPARTMENT DURING NORMAL BUSINESS HOURS, AND TO REQUIRE THE BONDSMAN TO PROVIDE CERTAIN CONTACT INFORMATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

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


Printed Page 3431 . . . . . Wednesday, June 1, 2016

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

H. 4542 (Word version) -- Reps. McKnight, Clyburn, Cobb-Hunter, Hill, King, Whipper and Bowers: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE RIGHT TO TRY ACT, TO PROVIDE FOR AN ELIGIBLE PATIENT'S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES TO COMBAT A TERMINAL ILLNESS; TO PROVIDE FOR AN ELIGIBLE PATIENT'S REQUEST TO USE AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE THAT AN ELIGIBLE PATIENT GIVE INFORMED CONSENT PRIOR TO USING AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE PROTECTION FROM LIABILITY FOR DOCTORS PRESCRIBING AND MANUFACTURERS OF AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE THAT STATE EMPLOYEES MAY NOT BLOCK THE PROPER USE OF AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; AND TO DEFINE NECESSARY TERMS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3432 . . . . . Wednesday, June 1, 2016

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

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.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

S. 460 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-370 SO AS TO PROVIDE THAT A COUNTY IN THIS STATE MAY ALLOW A TAXPAYER THE OPTION TO RECEIVE CERTAIN PROPERTY TAX BILLS AND RECEIPTS IN ELECTRONIC FORM, TO REQUIRE A PARTICIPATING COUNTY TO MAINTAIN PROOF THAT AN EMAIL WAS SENT TO A TAX PAYER, AND TO REQUIRE A PARTICIPATING COUNTY TO


Printed Page 3433 . . . . . Wednesday, June 1, 2016

CREATE AN APPLICATION PROCESS AND TO PUBLISH THE APPLICATION PROCESS.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

S. 626 (Word version) -- Senators Gregory, Hayes and Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT EIGHTY PERCENT OF THE FAIR MARKET VALUE OF A RENEWABLE ENERGY RESOURCE FOR A PERIOD OF TEN YEARS PROVIDED THE PROPERTY IS OPERATIONAL BY DECEMBER 31, 2020, AND TO EXEMPT A DISTRIBUTED RENEWABLE ENERGY GENERATION PROPERTY FOR RESIDENTIAL USE.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.

Message from the House

Columbia, S.C., June 1, 2016

Mr. President and Senators:

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

H. 5140 (Word version) -- Reps. Pope, Felder, King, Gambrell, Gagnon, Erickson, Clary, Tallon and Henderson: A BILL TO AMEND SECTION 59-1-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPENING DATE FOR THE PUBLIC SCHOOL YEAR, SO AS TO PROVIDE THE OPENING DATE FOR STUDENTS MUST NOT BE BEFORE AUGUST FIFTEENTH BEGINNING WITH THE 2017-2018 SCHOOL YEAR; TO AMEND SECTION 59-18-325, AS AMENDED, RELATING TO


Printed Page 3434 . . . . . Wednesday, June 1, 2016

CERTAIN ASSESSMENTS OF VARIOUS PUBLIC SCHOOL STUDENTS BASED ON GRADE LEVEL, SO AS TO REVISE THE MANNER OF PROCUREMENT AND ADMINISTRATION OF THESE ASSESSMENTS, AMONG OTHER THINGS; AND TO AMEND SECTION 59-25-410, RELATING TO THE DATE BY WHICH PUBLIC SCHOOL TEACHERS MUST BE NOTIFIED OF THEIR TENTATIVE ASSIGNMENTS FOR THE UPCOMING SCHOOL YEAR, SO AS TO CHANGE THIS DATE FROM AUGUST FIFTEENTH TO AUGUST EIGHTH.
Very respectfully,
Speaker of the House

Received as information.

Placed on Calendar for consideration tomorrow.

HOUSE CONCURRENCES

S. 1350 (Word version) -- Senators Malloy and S. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS TO IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY IN THE STATE OF SOUTH CAROLINA AND TO NAME THE WEEK OF AUGUST 29, 2016, THROUGH SEPTEMBER 5, 2016, AS "DARLINGTON RACEWAY WEEK - A WEEK TOO TOUGH TO TAME IN SOUTH CAROLINA".

Returned with concurrence.

Received as information.

S. 1356 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MS. NANCY CAVE, NORTH COAST OFFICE DIRECTOR OF THE COASTAL CONSERVATION LEAGUE, FOR HER FIFTEEN YEARS OF SERVICE THAT HAVE CONTRIBUTED TO IMPROVING WATER AND AIR QUALITY, WILDLIFE ABUNDANCE, AND THE QUALITY OF LIFE IN COMMUNITIES ALONG THE SOUTH CAROLINA COAST, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.


Printed Page 3435 . . . . . Wednesday, June 1, 2016

RECESS

At 12:20 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:45 P.M.

At 1:45 P.M., the Senate resumed.

Presentation of Service Pins

In commemoration of continuous service with the State of South Carolina, Senator LEATHERMAN, PRESIDENT Pro Tempore of the Senate, presented a certificate and service pin to the following Senators for their years of service:

10 Year Pins
Senator Tom Davis
Senator Shane Massey

20 Year Pins
Senator Brad Hutto

30 Year Pins
Senator Thomas Alexander

40 Year Pins
Senator Nikki Setzler

Senator LEATHERMAN, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:

10 Year Pins
Ms. Cynthia Ledbetter
Mr. Brent Walling

20 Year Pins
Mr. John Hazzard

30 Year Pins
Mrs. Beth Dworjanyn
Ms. Jean Manheimer

All were highly commended for their years of devoted and loyal service.


Printed Page 3436 . . . . . Wednesday, June 1, 2016

RETIREMENT RECOGNITION FOR
SENATOR THURMOND

S. 1360 (Word version) -- Senators Leatherman, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M.B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO COMMEND THE HONORABLE PAUL REYNOLDS THURMOND FOR HIS COMMITTED SERVICE TO THE SOUTH CAROLINA SENATE AND THE CITIZENS OF DISTRICT 41 IN CHARLESTON AND DORCHESTER COUNTIES AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS UPON HIS RETIREMENT FROM THE SENATE.

Senator MALLOY made remarks honoring the service of Senator THURMOND.

Remarks by Senator MALLOY

Thank you, Mr. PRESIDENT and members of the Senate. It's a great pleasure and honor that I have today to talk briefly about my suitemate, Senator PAUL THURMOND. You all know his history. He was the son of Mrs. Nancy -- and probably the most storied political figure in South Carolina history in the 20th century -- Strom Thurmond. I've seen him come and grow. You've heard his biography of his marriage to his beautiful wife Katie and his five beautiful children. There was a time when we had the same number of children, but he has surpassed us already -- fourteen years my junior.

Shortly after I met Senator THURMOND, he came into my office. What I learned about him immediately was that he was sincere, compassionate, bright, he believes what he is saying and he does everything with great trepidation. There are many others that may be involved, but there is a usual telephone call to me from Senator THURMOND most mornings from 5:30 - 7:30 -- not every day but almost every day. It starts with, "What's going on?, How's your family?, What do you think about this?," and then he comes up with idea after idea after idea.

He thinks about it long and hard before he does it. When he first came into my office, one of the first things that he explained was that he was going to take the door off of its hinges because he believes in open government. There is something to be said for that. Many people bring


Printed Page 3437 . . . . . Wednesday, June 1, 2016

gifts and memorials by and Senator THURMOND said that he was not accepting those.

As our friendship continued to grow, he would talk about his family and his desire to be a good father, a good husband and many other things. Obviously, that weighed heavily upon his decision to leave us way too soon. We know that the last chapter is not written on him, but he is a consummate public servant. As we move forward and try to find ways to describe him -- there are probably no words to adequately describe any of you and certainly not Senator THURMOND.

To put it in laymen's terms, he could have taken another route. He did not have to try to blaze his own trail, but he did. Do you know what it takes to be a state champion? Do you know what it takes to go to a prestigious school and to become a lawyer? Do you know what it takes to start your own law firm, blaze your own trail and become very successful? He and I have done some cases together and he is an excellent, excellent lawyer.

As we were getting ready for this time, I asked him, "What is your most crowning moment as a Senator?" He said, "Wow, I'm not certain. Who could put all of this into four years?" To have things like Clementa Pinckney being gunned down in the massacre in Charleston -- a brief story about that -- I called Senator THURMOND right after it happened and told him that this was going on in his county and he needed to come out and be heard. He said, "Gerald, I can't stop crying -- I cried all weekend. All I thought about was his children. I don't want to come out. I think it's a time for me to go home and hug my family and for everyone else to hug their family." Then to lose another member, Senator O'Dell, in the same term.

Then we go back and look at the positions that he's taken over here -- things that he did not have to. Some were not necessarily popular, but heartfelt and he meant them from his heart. He will be remembered for all of those things.

I will say a few things and move on. If you look at his speech when this Body voted to take down the confederate flag -- I go to those words to put them in context for a place in time. He said, "I am aware of my heritage, but my appreciation for the things my forbearers accomplished to make my life better does not mean that I must believe that they always made the right decisions. For the life of me, I will never understand how anyone could fight a civil war based upon the desire to continue the practice of slavery. Our ancestors were literally fighting to keep human beings as slaves and continued unimaginable acts that occur when someone is held against their will. I'm not proud of this heritage." He


Printed Page 3438 . . . . . Wednesday, June 1, 2016

stood out and I think that there are many other positions that show he stood out.

With everything else said and done, I remember when we were talking about the work we did for Senator Pinckney and he said, "I would do that for you because you are my friend."

If you ever went into his office, he had a set of gloves that Muhammed Ali wore and signed. I thought it to be fitting to get a quote from Muhammed Ali. He said, "Friendship is the hardest thing in the world to explain. It's not something that you learn in school. If you haven't learned the meaning of friendship, then you really haven't learned anything."

I will conclude by saying his closing words, "I have often wondered what my purpose is here in the Senate. I have asked God to guide me and to strengthen me. I have prayed that I will be able to make a difference for this State and I have prayed that I will leave this place better for future generations. I am proud to take a stand and no longer be silent. I am proud to be on the right side of history regarding the removal of symbolism of racism and bigotry from the State House. Let's not stop here -- justice by halves is not justice."

I say to you Senator THURMOND, Katie and children -- your father adorns the walls of the State House and looks down on Senator THURMOND and the children will know that their grandfather walked in these halls and their father walked in these halls as well and made a difference for our State. I'm glad that the last chapter is not written for you my friend.

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

Remarks by Senator THURMOND

Thank you, Mr. PRESIDENT. I told Senator MALLOY that I had worked on the speech a little bit and had gotten about the fifth or sixth time through had finally stopped crying every time I gave it and darn if he didn't set me right off again.

I appreciate my family being here. You all have not met our newest addition -- our little cutie pie Nylund Cade. Nylund is a family name. My grandmother actually came over on a boat from Sweden and that was her maiden name. We are happy to have her. We have a full house literally--three boys and two girls.

I wrote this speech again trying to really make a difference to you, as you listen. It's a process to try to match or come close to some of the


Printed Page 3439 . . . . . Wednesday, June 1, 2016

wonderful speeches that have been made here. Senator CAMPSEN just gave one not too long ago about "Amazing Grace." I certainly remember the speech from Senator Pinckney -- and the comments that you just made Senator MALLOY -- I very, very much appreciate. I am going to try to get through this the best I can, because I do want to relay what is on my mind regarding this decision. I really would like my children to be able to hear my thoughts and feelings about this stuff, so if we can get some order over there, that would be wonderful. It might be easier said than done.

Mr. PRESIDENT and fellow members of the Senate, thank you for having me. Occasionally listening, occasionally arguing, but all of the time, making me feel welcomed and accepted. God has truly blessed me and I am hopeful that He would give me the words to express my appreciation in a way that relays my true gratitude to everyone involved. I also pray that I will not get choked up because I've gotten emotional throughout this process of putting my thoughts down on paper.

To the wonderful staff throughout this complex, thank you for all the help you have given me. I can't imagine how frustrating it is to be asked to assist on something that has no chance of success or is used to block legislation -- but I have never heard a complaint from any the staff members -- just always hard work and a desire to contribute by the capable and dedicated staff. The same goes to my secretary, Vicki Walker, and the Charleston County Delegation staff. Thank you for all your help assisting me in helping people of our area. That is what I was elected to do and you have made my job easy.

To the wonderful people of Charleston and Dorchester counties, thank you for giving me the opportunity to serve you. It truly has been an honor. To my campaign manager, Billy Shuman, and campaign consultant, Chris Drummond, I'm sorry to let you down by not running again, but it was a great time and you did a wonderful job and I haven't forgotten it. To my contributors and supporters, thank you and I hope I have made you proud. To my brother, Strom, sister, Julie and my mother, thank you for your steadfast support. To my law partners, Jesse Kirchner and Michael Timbes, and my former law partner, Matt Yelverton, thank you for helping me get here and more importantly thank you for your assistance by allowing me to continue to make a living while serving in this Body.

I believe that we as a Body have made progress, but there is certainly more that needs to be done. On a personal level, I have made a ripple in


Printed Page 3440 . . . . . Wednesday, June 1, 2016

a pond, not a splash, but I am grateful to have had the opportunity to have jumped in. I hope my ripple will have a lasting effect on this State. I love South Carolina and the people who make it so special. I firmly believe that our best days are yet to come. The State of South Carolina has excellent leadership in these chambers.

There have been a few members I have developed a closer, personal relationship with and I just want to take a second to acknowledge them. CHIP CAMPSEN has been a good friend despite often making me feel a little bit inadequate when it comes to history, the Constitution and basically anything that has to do with fishing and hunting. Senator CAMPSEN, thank you for mentoring and your guidance throughout the last four years. Most importantly, thank you for challenging me to think on the issues that we have discussed. I have listened to you and I do appreciate you. Senator ROSS TURNER, what a fun time we have had back there over the last two years. Thank you for bringing humor into our discussions. Your disposition and kind nature have been such a refreshing part of the process for me.

I came in with a few longtime friends, Senator YOUNG and Senator COURSON, thank you for all your guidance and unwavering supportive friendship. To the leaders of this Body -- Senator LEATHERMAN, Senator PEELER and Senator LARRY MARTIN, thank you for giving me a chance to lead. I know you didn't have to, especially only being a freshmen. Finally my suitemate, Senator MALLOY, I certainly greatly appreciate your comments. You have been a true friend. I am going to miss our many talks, but more importantly, on life. Thank you for the chance to be your friend in an environment that encourages distrust.

I am very appreciative for the opportunity to serve my community of Charleston and Dorchester counties. I literally felt that I had hit the lottery by being elected. Indeed one in only one hundred thousand gets this opportunity to serve. It was not easy to get here with the election mess and all the court filings, but we did it.

I don't think I could have imagined a more emotionally challenging time than the last four years. We had a member to be basically excused over ethic violations, we had a member die in office and had a colleague get assassinated. On a personal level, I had two more children. All of these events made me consider what is important in my life.

Throughout my service, I have had one person sacrifice more than any other and she needs to be recognized. My wife, Katie, has given up so much for me to serve. It is only fitting as an acknowledgement of her


Printed Page 3441 . . . . . Wednesday, June 1, 2016

sacrifice that I too make a sacrifice. She has embraced her role as a mother despite having many dreams and goals of furthering her own career. She has been my partner, my sounding board and my best friend. Let me be clear, she is tough. We are in the most impressionable and important time in our family's life. All of these children are going to have choices in their lives. I want to help them make the right ones by leading by example. I want to be the role model for them so they can grow up to live productive, God fearing lives. If I am not there, the role model is one of absence.

I've tried to do things differently since I got here. I knew that ethics reform would be difficult. It is nothing difficult about you making your own personal reform. I took the door off my office in order to make people to think about the purpose of our offices. I didn't accept a license plate in order to have others hopefully think about the appearance of a license plate. I haven't accepted a single gift, drink or dinner over the last two years to show that they are not necessary but also to not only be right but to appear right. I have never simply gotten along to get along. I am comfortable with who I am and what I stand for. I just don't want to say it but I want to live it every day and every minute. We have plenty of role models out there that let our children down or that lead them to harmful things.

I have embraced the role of being a role model like my father was a role model to so many, including myself. He was a man of character, hard work and integrity. He set the ground work for me as a man, as a citizen and as a public servant and I intend to do the same for my children.

I want to leave you on a note that hopefully will have you continue to think of the importance of family in your life -- the role you play. We can't get the back the days, months, or years that we miss. We never know when our days are done, when our time is to go and when to meet our maker. Certainly the events of last year proved that.

Senator CAMPSEN mentioned his appreciation of the background of "Amazing Grace" the other day. I figured I would do a background of a song that has always touched me called, "Cat's in the Cradle." The song was written in 1974 by Harry Chapin. The song lyrics began as a poem written by Harry's wife, Sandra. The poem itself was inspired by the awkward relationship of her first husband and his father, who is a politician who served as the Brooklyn Borough's President. For some reason, it didn't surprise me that politics were in some way involved. I


Printed Page 3442 . . . . . Wednesday, June 1, 2016

would ask that you think about the first two verses as I read them to you. Of this Body, all but one is a mother or father.

The song which was originally a poem goes as follows:

My child arrived just the other day
He came to the world in the usual way
But there were planes to catch, and bills to pay
He learned to walk while I was away
And he was talking 'fore I knew it, and as he grew
He'd say, "I'm gonna be like you, Dad
You know I'm gonna be like you."

And the cat's in the cradle and the silver spoon
Little boy blue and the man in the moon
"When you coming home, Dad?" "I don't know when
But we'll get together then
You know we'll have a good time then."

My son turned ten just the other day
He said, "Thanks for the ball, Dad; come on, let's play
Can you teach me to throw?"
I said, "Not today, I got a lot to do."
He said, "That's okay."
And he walked away, but his smile never dimmed
And he said, "I'm gonna be like him, yeah
You know I'm gonna be like him."

And the cat's in the cradle and the silver spoon
Little boy blue and the man in the moon
"When you coming home, Dad?" "I don't know when
But we'll get together then
You know we'll have a good time then."

Katie, Thad, Fletch, Hollis, Wren and Cade -- I'm coming home.

Thank you, Mr. PRESIDENT.


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RETIREMENT RECOGNITION FOR
SENATOR CLEARY

S. 1361 (Word version) -- Senators Leatherman, Setzler, Peeler, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Coleman, Rankin, Hembree, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hutto, Jackson, Johnson, Kimpson, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M.B. Matthews, McElveen, Nicholson, Reese, Sabb, Scott, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RAYMOND EDWIN CLEARY III FOR HIS TWELVE YEARS OF COMMITTED SERVICE AS A MEMBER OF THE SOUTH CAROLINA SENATE AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.

Senator RANKIN made remarks honoring the service of Senator CLEARY.

Remarks by Senator RANKIN

Thank you, Mr. PRESIDENT. In the great words of my brother from Gaffney, Jiminy Cricket Cleary, who could not wait -- who was chomping to get to the podium before Senator SABB and I could be recognized. We have a few words, just a few words. It is with great, great honor that I speak, ever so briefly, to describe a fellow who joined our delegation without any political experience, but who had a heart of compassion, a mind ready to go, and a desire to not be a disturber but to be a difference maker. Instead of A - Z, I will describe Senator CLEARY as a Senator from A to T: autism to transportation and varied subjects in between. He met each with the desire to be a difference maker. And so, Senator CLEARY, I will miss you, and I appreciate your zeal and your ever 'Novocain free' way of dealing with people.

Senator SABB made remarks honoring the service of Senator CLEARY.

Remarks by Senator SABB

Thank you, Mr. PRESIDENT, members of the Body. I, too, want to lend my voice to this solemn departure. Let me quickly say that I did not know who Senator CLEARY was. As many of you know, I ran in a special election and then after winning, I received his congratulatory phone call. Shortly after receiving the call, he and I actually met. What I remember more than anything is what he said to me, "Senator McGILL


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and I got along well and I want to get along well with you." What can a new person want any more than somebody who is willing to want to get along? So fast forward almost two years later and then I hear, he is retiring. So here I am, a Democrat, trying to talk a Republican into running for re-election but it was really just a joy, pleasure and a privilege to work with RAY CLEARY in my area. I have to go ahead and break protocol and say RAY CLEARY because that's the affection that I feel. I know it may be just a bit beneath the Senate for me to say it but if you all will pardon me, I just want to take that as a point of personal privilege and just say quickly, I wish him Godspeed and all of his future endeavors and we've just really had a good time working with you. Thank you so much.

On motion of Senator MASSEY, with unanimous consent, the remarks of Senators RANKIN and SABB, were ordered printed in the Journal.

RETIREMENT RECOGNITION FOR
SENATOR LOURIE

S. 1359 (Word version) -- Senators Setzler, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M.B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO HONOR AND COMMEND SENATOR JOEL LOURIE FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE TO RICHLAND AND KERSHAW COUNTIES AND THE STATE OF SOUTH CAROLINA AND TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA GENERAL ASSEMBLY.

Senator JACKSON made remarks honoring the service of Senator LOURIE.


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Remarks by Senator JACKSON

Thank you Mr. PRESIDENT and Senator SHEHEEN. To the PRESIDENT and members of the Senate, the Lourie family and to those of you that are in the balcony, I really do stand here today with mixed emotions. I am so proud of my great and longtime friend -- that he is getting out with his sanity intact and is still able to do some things that he will love. I am sad because we had talked so long about doing it together -- serving and leaving together, but I remain I guess. I just love to have NIKKI SETZLER call me early every morning and punish me and so I am still here.

Senator LOURIE is one of my very best friends and we go way back. In 1984, his father, Senator Isadore Lourie, ran for reelection to the state Senate. My father, the late Bishop A.C. Jackson, Bishop F.C. James, and others were big supporters of the late Senator Lourie. We worked on the campaign together. Joel and I were young turk campaign managers putting that campaign together. I will never forget one comment and one statement. Senator Lourie was running against an African American house member. We were in a community meeting with my father, the late mother Laura Jefferson, who lived to be almost 100 years old, Mrs. Susan Lourie and others, and someone got up and challenged my father and the others. They said, "Senator Lourie, how can you go against an African American for this seat?" And I will never forget, my dad got up and he said, "Never base your loyalties or your friendship on race, for character is far more important." And he said, "I will always be for Senator Isadore Lourie because his character stands far above anything I've ever seen before and he has always been my friend." Then someone sarcastically said -- Joel you'll remember this -- they said, "I wonder if Isadore Lourie would ever do the same for you." Well fast forward to 1992 and Senator Isadore Lourie decides that he is not running for the Senate anymore. There was a young school board member that received the call from Joel and Senator LOURIE says my dad wants to talk to you. He thinks that you should offer for the Senate and run for his seat. Could you imagine that? Running to fill the seat of Isadore Lourie in a district that was 47% African American, all of Calhoun County. We talked and prayed about it, and Joel said, "I will be your campaign manager." The first fundraiser I ever had in my life was at the home of Susan and Isadore Lourie. This brother has been by my side since day one. So when people ask, "Why are you so loyal to Joel, why are you so close to Joel?" I tell them because I am loyal to people who have always been there for me. So, I will miss him tremendously. To Becky, Rachel and Sam, I know you guys are happy to have him back. Becky, now you've got to put up


Printed Page 3446 . . . . . Wednesday, June 1, 2016

with what we've been putting up with -- all of the corny jokes that he tells, you have to listen to them now. I often tell people when Joel calls you he doesn't say hello man, he always asks this question, "Man what are you doing?" I want to leave with just this one picture I told you about that day. So here is the picture. It is 1992, and three gentlemen are on the floor here, Bishop F.C. James, legendary A.M.E Bishop from 7th Episcopal District, Bishop A.C. Jackson, who's my father, and Isadore Lourie, and in the background are two young men -- a lot younger than what we are now, Joel Lourie and Darrell Jackson. That was the day that I was sworn in as a Senator of Senate District 21. This guy has talked to me and we have talked to each other, I'm sure every day since. No matter where we are or what he is doing, we always talk to each other. I love you man and I will miss you and when I'm putting up with Nikki at 6:00 in the morning, please think of me.

Senator SHEHEEN made remarks honoring the service of Senator LOURIE.

Remarks by Senator SHEHEEN

Thank you, my brothers and sisters in the Senate. It is actually very hard to believe that my seatmate and my partner for 18 years in the House and in the Senate, won't be with us next year. I want to thank Becky, Rachel and Sam for sharing him with us for all those years. I know it wasn't easy when your dad wasn't always there, but I know that he loved the three of you and talked about you constantly. Thank you for sharing him with us. When I think about Joel service, I think about our friendship for which I'll be eternally grateful. I've had many adventures over the last 16 years in public service and JOEL throughout those 16 years has really been my sounding board. He's been the guy who will tell me that's a really stupid thing. He's been the guy who says, "No, don't blow it all up, calm down, let's find a way to make it work." In fact, he told me that yesterday.

He's been the guy to tell me, "take a chance, jump off and see what happens." He's the guy that will share thoughts about family and friends and has helped me to be a better father and a better husband. When I think about Joel public service, I think about people. If you think about the issues that Joel has stood for and fought for and cared about, they all center around one thing... people. You know, he used to call me the policy geek. Shane, you know why? Because you're a policy geek, too. When I would be out there fighting to restructure state government and all of these things that nobody really cared about, Joel was fighting for


Printed Page 3447 . . . . . Wednesday, June 1, 2016

people. I learned a valuable lesson from that. He fought and has fought for kids. He fought for seatbelts. He fought and continues to fight for health care and he continues to fight to provide insurance coverage for children and the vulnerable. When he is interested in the state budget, it is because of the agencies that care for people. If you walk in his office and see all of the awards hanging on the wall, they all relate to the least among us. I want to ask two of our best friends, Beth and James, to come up here and stand with me for a minute. They have been incredibly important people in his life as well as mine. Thank you for joining us.

In 2000, I ran for the House of Representatives. You know, I'm from the country. I'm from Camden. I'm not from Columbia, and I didn't want anything to do with all of these people. I said stay away and let me run my House race. I don't want to hear anything from you. It was really smart. It worked, okay? Once I won, I came over and I had lunch at Longhorns Steakhouse with Joel and James. They had these little square things that sat on the table in front of them that would buzz and ring all the time and I didn't know what the hell they were. Turns out three or four years later, I figured out they were cell phones and I got one myself. If you have ever eaten lunch with these guys, you can't even have lunch. They used to kid me about the clothes I wore and the shoes I had. Then the best thing that happened, Senator McELVEEN and Joel had to run in Kershaw County. No more alligator shoes on JOEL LOURIE coming into Kershaw County. I got to tell him what to wear when he was a Senator for part of Kershaw County. It has been a very special relationship. James, Joel and I have shared 16 years and I'm thankful for it from all of you.

Joel, I want to close with this. Mrs. Lourie, you're a special woman and you have a special family. You know that. When you grow up like Joel and I did and like some others in here, with parents who were involved in government and politics, it can be a blessing and it is wonderful. It also can be a little bit intimidating because you always wonder, Senator PEELER, are you meeting the measure? Are you living up to the example? I know that when Joel and I were first elected, I would hear all the time about Senator LOURIE. This was when Joel was in the House -- Senator LOURIE this and Senator LOURIE that. Joel takes incredible pride in his father and rightfully so. I will say this Joel, you have met the measure. You are Senator LOURIE. Thank you.

Senator SETZLER made remarks honoring the service of Senator LOURIE.


Printed Page 3448 . . . . . Wednesday, June 1, 2016

Remarks by Senator SETZLER

Senator LOURIE came to see me before the first of the year. He said, "Nikki I have something to tell you." He told me that he was not running for reelection to the Senate. I asked him not to share this with anyone because he may change his mind. Senator LOURIE said that he would keep this quiet, but it was the worst kept secret in town as two days later no less than 10,000 people in South Carolina knew. So when it was evident that this moment was coming, I asked myself, what do you say about Joel Lourie? I talked with his family and friends and asked what to say about a Senator who is so quiet, so unopinionated, and one who serves as the point person for the Governor on the South Carolina Senate floor?

Honestly, there is so much I can say about JOEL LOURIE, and I will start by speaking about his father because I am one of few remaining in the South Carolina Senate who served with both JOEL and his father. His father, Senator Isadore Lourie, was a great man, and serving with him was an incredible opportunity. Serving with JOEL is equally incredible.

Just as I am speaking today, I also spoke when Senator Isadore Lourie retired. I talked that day about his compassion and how he cared so deeply for his fellowman. Senator Isadore Lourie was a role model for us all, and he would be so proud of his son who continued this tradition.

JOEL LOURIE, to your credit, you did not try to fill your father's shoes. You took your own shoes and created your own path to make history in the South Carolina Senate. You share so many values that come from your family -- your mother and wife. You truly care about people, and this will be your legacy. For that tremendous trait, we tribute you. Senator LOURIE, you will also be remembered for your ability to forge bipartisan relationships, and even though you may not agree on policy, you respect every member of the Senate along with their views. This, too, will be part of your legacy. For that gift, we are thankful.

Many have said that when one walks through the door of the Senate, a cloak of responsibility goes around the shoulder of each one of us. JOEL LOURIE, you have worn that cloak incredibly well. We are proud of you, we respect you, we love you, we are going to miss you and we look for the day you come back.

God bless you.

Senator SCOTT made remarks honoring the service of Senator LOURIE.


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Remarks by Senator SCOTT

Thank you, Mr. PRESIDENT, members of the Senate. I always promised Joel that this day would come. Joel and I have so many little stories, I always call Joel my comedian. He always finds the worst of times to tell a joke, especially about me. I promised him the day would come before we exit this Body and I would get even. On a very serious note, Joel's father and my father were very close friends and that family has been friends of my family for many years. I just want to share a few little things with you about my good friend, Joel. I was assistant minority leader and remember when Jim Smith, minority leader, decided in the middle of the term to go to basic training. I got a call from JOEL LOURIE who tells me that Jim Smith told him what to do. I had to remind my good friend, that he was not the assistant minority leader. Well that didn't go too well. I remember when I ran for the Senate. I went to Joel and I thought things were back together and I said, "Joel, I'm running for the Senate! Can I count on your support?" Joel said, "I don't get involved in other people's races." Shortly after I won the seat and I came to the Senate, one of the first calls I got was from my good friend, JOEL LOURIE. He said, "Hey, John, how are you doing? Can we have breakfast?" I said, "Sure!" Joel had decided he wanted to run for something as we sat there and talked. Joel said, "Can I count on your support?" I said, "Lord, I've been waiting a long time." Joel and Darrell are right. They are the best of friends. I guess my first two to three years in the Senate, I felt like I needed to check in with them on every decision I made. I can remember Joel scolding me one day saying that I need to check in. I said, "This is not going well." It looked like I was going to have to revert back to my old self. We worked through those times and we made it work. I guess Becky said it best of all as we were riding to Senator Pinckney's funeral. She said Joel can give it but Joel can't take it. Another story is about a birthday party. Ms. Skinner was turning 90 years old and having a big party. She told me Joel had be there. I said, "Ms. Skinner, we don't need to invite Joel." She said, "Joel has to be at the party." We invited Joel and he came with no gift, no money and sat in the back. I was sitting up next to Ms. Skinner. Guess who he decided to pick on? "Look at John. He thinks this is his birthday party." Joel, in all fun, we're going to miss you. We're going to really miss you. You are funny, witty and sometimes very serious. Joel makes up his mind about something and you're not going to change it. I like that about you. You stand tall on the things you really care about and you've made a difference. It has been more than a pleasure to serve with you. It is going to be different. Who's going to tell the jokes now? Who, at the worst of


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times will come up with the worst of jokes? Some not fitting the situations but you kind of force them to work anyway. But on behalf of the Richland Delegation and especially myself, you've been a good friend and we're going to miss you. Thank you.

Senator COURSON made remarks honoring the service of Senator LOURIE.

Remarks by Senator COURSON

As one of the few remaining Republicans on the Richland Delegation, I am truly a vanishing species. I had the honor in 1984 to be elected to this Body. Senator JOEL LOURIE, your father was a senior member of the Body and was ultimately elected majority leader. I was the first Republican elected since reconstruction -- Warren Giese and I in the same year. Your father would always introduce me as "the worst mistake in Richland County since Reconstruction." I didn't really know how to wear that label. My remarks will follow what Senator SETZLER said. In the spirit of bipartisanship, this is political. Four years ago when I ran for reelection, I think I was the number one targeted Republican by the state Democratic Party. Dick Harpootlian, a friend of mine, lives in the district which I am honored to represent. Dick was Chair of the S.C. Democratic Party. He would wake up and brush his teeth every morning and say, "Rats, how did I end up with John Courson as my Senator?" But JOEL LOURIE, and this takes guts, along with DARRELL JACKSON, Leon Lott, and other democratic elected officials in Richland County came to me and publicly endorsed my reelection campaign. To do that across party lines when you're in a heavily contested race, takes intestinal fortitude. Senator JOEL LOURIE, you've got tons of guts.

Senator McELVEEN made remarks honoring the service of Senator LOURIE.

Remarks by Senator McELVEEN

Well, I wasn't going to say anything, but I think I'm the last Senator from the Richland County Delegation not to say anything. I think our friend Senator LOURIE might have stepped out, so maybe the last good thing I can do for him is to stall for him in order to buy him a little bit of time up here, but I guess that's what we're kind of doing right now. We'll talk until he gets back and we'll say the bad things about him now. I just want to say that when Senator JACKSON made those comments about loyalty, I was sitting back there and I wasn't planning on saying


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anything, but that hit home with me because that's what I've learned about JOEL LOURIE in the four years of very fast friendship -- loyalty. He is a loyal friend and his word is his bond. Let me just say this, when I ran back in 2012 in what a lot of folks would call a swing district, there's a lot of uncertainty about that. I had talked to several Senators -- several of whom I knew -- think I knew Senator MALLOY in passing from being an attorney and I knew Senator McGILL, obviously from being my cousin -- but I really didn't know JOEL LOURIE.

I'll never forget, one day after my primary election, he just kind of showed up in Sumter, with Senator HUTTO actually. Senator HUTTO got there first I think. We were at the Palmetto Oyster House and Senator HUTTO was kind of reserved, I think he was drinking a glass of wine and we were kind of chitchatting when JOEL just kind of comes flying in. He was talking about how he had just gotten out of his car and had just gotten cussed out, and was cussing at Dick Harpootlian for endorsing Senator COURSON in 2012 elections, so I didn't know what to think about JOEL the first time I met him. He was all in everybody's face in this restaurant in Sumter and I knew everybody and I had to tell him, "You come over here from Columbia in those fancy shoes, you're losing me votes right now in Sumter and so, if you could kind of tone that down a little bit..." JOEL decided he was going to help me and I still don't know why, but he did. He took an interest in my race when he didn't have to and having been here several years, I know how busy everybody is and it is hard to get involved in these kinds of things. But JOEL, you did jump right into my race and the first thing he said to me was, "Who do you know out in the Northeast area of Richland County and who do you know in Lugoff and Elgin?" I said, "I know VINCENT SHEHEEN in Camden" and he said, "Well, you don't need to talk about people in Camden out there in Lugoff and Elgin," and I learned that pretty quickly. But you know, he did invest in me and he introduced me to folks like Sheriff Lott, who is here today with us, but I have to tell y'all that one day he said, "Thomas, you need to come out to Lugoff and meet with VINCENT and me because we're going to help you out there." So I went and I met them over at the Lugoff House of Pizza, which is a great restaurant that I've been to a bunch of times since, and of course VINCENT was going to help me. VINCENT, I think, ate his lunch, left us the tab, and said he had to get back to work. But JOEL actually took me around and I'll never forget this true story he said, "When you talk with these people, you kind of have to breeze in and breeze out. You can't stay too long, but you need to find out what's going on with them and maybe buy something when you go in there." So we go to Hall's


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Restaurant. It's a buffet in Lugoff. He's like, kind of chitchat for a little while and then leave. Then we go over to a Sear's home store and he said, "You've got to buy a little something when you come in here THOMAS. You've got to talk to folks, get in, and get out." So he winds up buying some yard game or something like that from the Sears and I bought a hammer, even though I think I already had a couple of them. Well if you've ever been to Lugoff out there where 601 and Highway 1 are, there's a bunch of car dealerships. He said, "Let's go over here to the Chevrolet dealership," and I said, "I'm not going home with a Camaro today, Senator!" And that was the end of that. The last story I'll tell is, again, he kept coming into Sumter and kind of checking on me and making sure the race was going okay. Last time he came in, it was crunch time. It was time to go on TV, and he said "THOMAS, we're going to need you to borrow $60,000 to get more TV time," and I looked at him and I said, "Senator LOURIE, I'm going to have to lose." He said, "THOMAS, we're going to need you to borrow $30,000 to buy more TV time," and I said, "Senator LOURIE, I'm going to have to lose." Well, I didn't borrow the money, it worked out, and I just want to say thank you for taking an interest in me and what I was doing at the time. You've been a great friend since then. I was talking with you out of the room and buying some time for you and what Senator JACKSON said about loyalty -- he was dead on the money about you. It's been great getting to know your family, playing basketball with you, riding up to Anderson with you for DSS subcommittee hearings, and I know our friendship will go on for a very long time and I appreciate you and love you and everything you do. I would say you've been like a brother to me, but given the age difference, you've been more like a grandfather. But I appreciate you and love you. Thank you.

Senator BENNETT made remarks honoring the service of Senator LOURIE.

Remarks by Senator BENNETT

Thank you, Mr. PRESIDENT. Sorry, I wasn't going to come up here but since we're roasting JOEL LOURIE today...

Senator LOURIE is my suite mate. Let me tell you how that came about. When I was elected 4 years ago, I sat down with a good friend of mine back home who will remain nameless and who has a lot of experience in the State House. We literally went down the list of every Senator and I just had him give me a little play by play on what that


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Senator was like, what their personality was like, and all that. By the way, several of you, spot on!

So, I had an idea coming up here. I get up here and many of you may not know but the Clerk and I have known each other probably about 28 years... not like most people, not from government and we didn't go to law school together. We are actually fraternity brothers so he was kind of looking out for me. When I got up here, Senator ALLEN actually took the office that I had my eye on at the time. So the Clerk walked me around and took me to Senator LOURIE's office and he said, "This is the office you need to take." And I said, "LOURIE!?!" He said, "Don't worry about it. Michele Neal is in there, and she is a fantastic assistant."

Well about a year later, he takes Michele Neal and puts her on the desk here, and I am stuck with LOURIE.

But, seriously that has been a good relationship for us. We can't be more opposite, Sen. LOURIE and I. I mean... Jewish and Catholic, left and right , liberal and conservative, hair and less hair, not so good looking and good looking...I mean you name it and we go down the line.

But, what I have found is while we disagree on probably everything that comes in front of this body, what I do know is JOEL LOURIE is a good man. It has been a pleasure getting to know him over the four years. He and his wife, Becky, and my wife, Tina and I started a habit of getting together during the holiday season for dinner. One year we would have a Christmas dinner, the next year we would have a Hanukkah dinner. It was great to get to know him. What I have seen in that office and the people that come to visit him is this is a guy who is absolutely committed to the constituents he serves. Listening to Senator JACKSON, Senator SHEHEEN and everyone that has come up and talked, clearly that is something that has been built into his family. He is trained well, and he continues that. He has taught me a lot about how to respond to folks. I want to thank him and appreciate him.

I will say to Senator SCOTT, it is going to be different. It's not going to be bad without him, but it is going to be different. Thank you, Senator LOURIE. I appreciate what you do.

On motion of Senator MASSEY, with unanimous consent, the remarks of Senators JACKSON, SHEHEEN, SETZLER, SCOTT, COURSON, McELVEEN and BENNETT were ordered printed in the Journal.

Senator LOURIE rose to make brief remarks regarding his service in the Senate.


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Remarks by Senator LOURIE

Thank you, Mr. PRESIDENT. First of all it's a pleasure to stand here today with men like PAUL THURMOND and RAY CLEARY. SENATOR CLEARY, thank you for going after THURMOND so I can finally get that Cat Stevens song out my head that he was talking about. It is an honor to serve with the two of you and I appreciate your service.

So welcome to the joy to many of you, which will be my last time taking this podium. I stand before you in this historic and esteemed Chamber to make some comments after serving for 18 years in the House and the Senate. A lot of people have asked me why I am leaving at a relatively young age for state Senator, 53 years old, and that's a good question. But for me, it has never been about running for another office, never been about gaining more seniority, never been about having more influence -- it has always been about helping people, about trying to do something good for my community, for my State, and being there to take the call. Then stepping back into my personal and professional life and that is really what I am doing. I am very excited about this next phase of my life. But when I look back on these last 18 years, I am most impacted by the people that I have met and the friendships that I have made. For me it has been a life changing experience. When I think about some of the issues that I have been privileged, and I mean privileged to work on where we have made progress. It is because we were able to come together in a bipartisan way and do good for the people we represent.

I would like to just mention a few if you will allow me. Governor Hodges appointed me to the Nuclear Waste Task Force in 1999. I was the House point person as a freshman house member. I got to serve with men like JOHN COURSON and Phil Leventis who had served with my father and the late Congressman Butler Derrick who served as chairman of that, Senator MASSEY. The work that we did sort of led the pathway for getting South Carolina out of the nuclear waste business.

In 2000, I got to work with now Workers Comp Commission Chair, Scott Beck who was a House member from Aiken and my good friend, Doug Jennings. And we worked on a Bill called Jacob's law. Jacob's Law was a Bill named for a young man who was killed in the early 1990's, who was 6 years old on a 15-passenger van. For those of you who were in the House or the Senate, you may recall that during the course of this debate there was another terrible tragedy in Bennettsville, South Carolina, where a bunch of children were killed. We passed legislation, one of the first in the country, which banned the use of 15 passenger vans for transporting children, Senator SHEALY. To my knowledge, we haven't had another accident since then. His parents


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Mike and Lisa Strebler were dear friends, constituents and supporters of mine.

In 2004 and 2005, first as a House member and then as a Senator working to pass a seat belt law -- former Representative Phil Owens, Joe Brown, Joe Neal over in the House -- here in the Senate, Senator RYBURG, Senator BRAD HUTTO, and of course my dear friend and brother, Senator JACKSON. We worked hard to pass a Seat Belt Bill. It took us two years, '04 and '05. But when we did, and there were many doubts, you can go back and look at highway fatalities from when the Bill passed to where we are today, there has been a steady decline in fatalities like we predicted, and we saw seat belt usage go up. So together we saved lives.

I think all of us were impacted by the issue of autism. My friend, RAY CLEARY, who I came into the Senate with, the late Dick Elliott, dear friend and former suitemate, David Thomas and Nathan Ballentine. I didn't know a thing about autism, but there are these three wonderful moms who we all remember, Lorri Unumb, Lisa Rollings, and Marcella Ridley who camped out for two years and taught us about autism and what their lives were like having autistic children. We passed two great programs with Senator ALEXANDER's help. We passed a program for kids to go to with disabilities and special needs. And then we passed something that you do not have an easy time passing in South Carolina, an insurance mandate. Through our work together, thousands of children across this State have access to healthcare and get treatment. Let me just tell you something that you probably didn't know -- Lorri Unumb who took that call -- the Bill was named in honor of her son Ryan. She took our Bill and went to work around the country and about 45 states have passed legislation requiring coverage for autism because of the work we did. So not only did we make a difference in the lives of thousands of children in South Carolina, but tens of thousands of children across this country. And if you were here during that time like Senator CLEARY, that is a blessing to all of those families.

Pay Day Lending -- I can never forget the days that Senator MALLOY, Senator HAYES and Senator RANKIN and I would go back and forth. Where is Senator MALLOY? You may recall we were upstairs with Dwight Drake and Senator John Land and he chewed me a good one. I came down and said to Vincent, "I cannot believe Senator Land" but we got it all worked out. He called me later on and said he might have been a little bit rough on me. But if you sit on the Banking and Insurance Committee, Senator HAYES and Senator CROMER, you


Printed Page 3456 . . . . . Wednesday, June 1, 2016

know that pay day lending is at a low for the last decade because of that law.

I'll never forget the struggle to pass a cigarette tax. Passed it one time; Mark Sanford vetoed it. Passed it again, and I'll never forget my good friend TOM ALEXANDER standing right here saying, "we will not know the lives that will be saved." We will not know who -- just like seatbelts, we don't know who those people are but we saved lives and made a difference. Teen tobacco consumption has gone down significantly since the passage of a tobacco tax and I am very proud of that.

Ted Pitts, when he was in the House, and I -- there were a series of deaths among teenagers who were drinking and getting in the car. He and I worked with the folks at LRADAC to pass significant underage drinking preventions. And hopefully we have done some good there.

Somebody mentioned Emma's law earlier. We all remember Emma's law and David and Karen Longstreet who lost their beautiful 6 year old child Emma Longstreet on New Year's day several years ago because of a repeat drunk driver who got into the car in the middle of the day and crashed into their car. We came in and passed very tough ignition interlock legislation that requires repeat DUI offenders and high alcohol content first time offenders who have it installed. We have done that together. We have done good work together.

Underage smoking with former Representative Scott Talley and cervical cancer prevention this year. My good friend, Representative Beth Bernstein -- who I will talk about -- I am so proud of how she continued to come over here. When I was yelling at Senators LEE BRIGHT and MIKE FAIR, she was just smiling at them and obviously that made a big difference because they were willing to work with us. We appreciate that very much and my good friend BRAD HUTTO.

But I think some of the most important work that I have had the privilege to do is not just legislation. And I can't help but call out Senators TOM YOUNG and KATRINA SHEALY on the work we did on DSS. The late, great Senator BILLY O'DELL was kind enough to put together a study committee. Soon after Senators McELVEEN, BRIGHT-MATTHEWS and GREGORY joined us. But there were significant problems at the Department of Social Services. You may recall me standing at this podium saying, "I will scream from the mountain tops until we reform that agency." And I will never forget Senator SHANE MARTIN, standing up and saying, "we don't agree on a lot but you can stand on my shoulders." Let that be a lesson to us all. We have to fund services in this State. We cannot allow that to ever happen again. When


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you have an agency with low morale, high employee turnover, and that agency deals with human lives like children and vulnerable adults, the result of that dysfunction will be tragedy and that is what we experienced. I thank you all for helping us to turn that around and continue to fund it and bring in new leadership. I think that we have made progress.

So the common denominators on all of these issues was us coming together as democrats and republicans to work for the betterment of our State. I don't want to forget all the people on the outside. The friends in the lobby play such an important role. I know we rag them a lot but they play such and important role in providing us good information. But more importantly than that, individual citizens who came down to the State House like the moms for autism, like the Longstreets, like the Strebles, time and time again who have come down here to let their voices be heard so that we can pass legislation to do something to prevent a tragedy from happening and to make life better. And I think it's important for people to understand this. Their influence and voice makes a difference. But when they don't speak out, when there is silence, when there is apathy that is when government works at its worst and I hope they will continue to speak out.

As I reflect on my service and my life, I am reminded everyday what happened last June in Charleston. It changed us all but it also showed sometimes when there is darkness and madness there can be light and hope. We saw a tragedy that was impossible to comprehend. The loss of nine innocent people in a church with a longtime friend and colleague, Clementa Pinckney. I had the honor of serving with him in the House and the Senate, sitting right next to him on Senator ALEXANDER's subcommittee. What a special guy he was. We witnessed how incredibly the families of the victims and the community responded and then with great focus we came together as a legislature and a State and responded appropriately by removing the flag. I believe we can do so much more when we put our heads together like y'all did last night when I wasn't here -- respect one another, put partisan rhetoric aside for the good of South Carolina. This was one of those times that I can only hope and pray that there will be more.

But how can I look back on 18 years and not call out a few friends and share a few stories. I've told many people I won't miss all the drama, I won't miss all the rhetoric, all the back and forth, but I will miss the people. I will certainly miss the people. It's not just all of you in this Chamber. It's the people at the desk, it's the great people that work on our committees in the House and the Senate, it's the janitorial staff who


Printed Page 3458 . . . . . Wednesday, June 1, 2016

I enjoyed greeting every day when I came in, it's our security who are considered close friends of mine and we do share a few raunchy jokes every now and then. It's the tour guides downstairs, it's the people in the lobby, and it's all the state employees in all the agencies that we get to meet through this process. It's our friends in the press. It's just everybody. I'm going to miss the people.

But I do need to call out a few of my peeps so here we go. James Smith, desk mate for six years, like a brother. I can tell you all the wonderful stories about having lunch with James and his cell phone. It is really a treat. James is one of these special people and he, Doug Jennings and I would go out to dinner and talk about everything under the sun. We would analyze all 121 other House members. We would talk about what Speaker Wilkins was going to do or whatever. We would say our goodbyes around 10 or 11 o'clock and then around 6 in the morning, James would call and say, "Hey man, whatcha hearing?" I'm like, "James, I haven't heard anything." But one of the best jokes he and I ever played, I will tell you this if you ever want to play a joke on somebody here, was on Representative Doug Jennings. We were talking and having dinner one night. He didn't call it the Clarion Townhouse, he called it the Tarion Clownhouse. Doug had excused himself to go the restroom and I said let's play a little joke on Jennings. So I grabbed his phone and I called the Townhouse and I said, "This is Doug Jennings, I just checked in today." They said, "yeah, Mr. Jennings, how are you doing?" I said, "I've got to get up very early in the morning. Would you do me a favor and give me a 4:00 am wake up call?" And they said, "Sure. What room are you in?" I said, "Wait a minute, I can't find my key. I left it in my car." "Don't worry, Mr. Jennings. We'll look it up." Then I never a thought a thing about it. The next morning, Doug Jennings looks like someone threw him out of a dryer machine. He comes in and says "Y'all think that's funny!" "What are you talking about, Doug?" Jennings got his 4:00 am wake up call, jumped right into the shower, put on his coat and tie, and opened the door and it was pitch dark outside. Then he looked at his watch and it was a quarter to five so he got back in bed in his suit. But, James, I love you like a brother and will always appreciate your friendship.

Senator COURSON, I have enjoyed your friendship now for over 30 years. You have been a mentor and a friend to me as you said my dad was to you. It was my honor to stand with you, I will always stand with you, but I'm not sure how I can go a week without hearing stories about Strom Thurmond, Ronald Reagan or Barry Goldwater but I am going to do the best I can.


Printed Page 3459 . . . . . Wednesday, June 1, 2016

Beth Bernstein, how proud I am of you and what a leader you have come to be in the House. You're the sister I've never had and I love you just as much. Those of you who don't know, I'm going to tell you a quick story. It's kind of sentimental, but my son Sam, who paged with us, in our faith we name after the deceased. Beth had a brother who was one of my two best friends growing up and he was taken away from us when we were 18 years old. He died in an automobile accident. In our faith, we name for the deceased, Sam Lourie is named for Sam Bernstein and that gives you an indication of how close our families are. I will never forget the time I called you on a Sunday morning, and I said, "I need to talk to you, Rip and Lowell." We got on a conference call about three hours later, and it was her first campaign for the House. I yelled at you for temporarily allowing your opponent to have more yard signs on Trenholm Road than you did but we got that corrected quickly. I'm so proud of you for what you have done.

Senator VINCENT SHEHEEN, my desk mate for 12 years and close friend for many more -- what an incredible guy you are -- just watching you in the past week on the conference committee and I am proud to have stood with you on every race you have ever run and will stand with you on every race you ever run. But I'm even happier that he has finally learned how to dress. So let me tell you a little story about that. Senator SHEHEEN had this god awful ugly tan suite and you guys may remember one day serving in the Senate and he comes in with this tan suit, yellow shirt, and yellow tie. He looked like a stale banana. I just let him have it from the time he got here until the time he got home. So fast-forward to June of that year and he's running for Governor. He sends me this interview he had done on television. I happened to be out of town so he emailed me the link and I open it up. And you know VINCENT can talk policy with you all day. I looked at the interview. He texted me, "What did you think of the interview?" and I said, "The interview was fabulous but get rid of the tan suit!" He says, "Well, my wife loves me in this suite." And I responded, "Well great, wear it at home!"

What can I say about the Senator from Lexington, NIKKI SETZLER. I will say to you what you said the day my dad died, you too sir are one of the most compassionate people I have ever met. You truly are. I think you are the glue that holds this Body together and I mean no disrespect to anybody but I do think NIKKI SETZLER is the glue that helps this Senate maintain its great history and traditions. But let me tell you a little story about NIKKI. So NIKKI will call you and the first thing he will say is, "We never had this conversation." Sure it's never happened to


Printed Page 3460 . . . . . Wednesday, June 1, 2016

anyone in here. And then he'll back it up with "just between you and me" and then he tops it off with "don't say I said this." He will then tell you something you read on Fits News two days ago. Sir I love you. You are a dear friend and you have been to me and my family. I thank you for your service to this State and continuing your service.

Senator DARRELL JACKSON, I can't say enough about DARRELL JACKSON. As he mentioned, he and I have been the closest of friends for almost 30 years long before either one of had the chance to serve in this Chamber. I had the chance to celebrate happy times with Senator JACKSON and I've had the chance to celebrate sad times with Senator JACKSON. He was not happy with me last week. Sheriff Lott, you will appreciate this. He texted me last week and said, "What are you doing?" I responded, "I'm at home. What are you doing?" He said, "I'm at a community meeting. The sheriff and I are here and six other candidates and eight voters." He said, "What are you doing?" and he was very upset with me because I texted him a picture of me watching the NBA finals. But I love you like a brother and I know that we will continue to talk every day. You can call me and complain about Senator SETZLER anytime.

My basketball buddies, Senators SABB and McELVEEN. How I have enjoyed getting to hit the courts with y'all. RONNIE, you're like a great bottle of wine, you get better with age. THOMAS, you, not so much.

SEAN BENNETT, I have enjoyed serving with you. This is the first time I have heard that I was second choice but doesn't matter. Doesn't change the way I feel about you and I have enjoyed watching you evolve and see enormous potential in your service.

Senator MASSEY, thanks you for sitting on the back row for six years and allowing VINCENT SHEHEEN and myself to groom you to become majority leader. We take full credit for that.

TOM CORBIN, where is Senator CORBIN, who will ever forget the day that TOM CORBIN realized that he serves in the Senate with someone who actually goes to a synagogue and he blessed my soul. And yes, there are synagogues in places other than New York and Florida, Senator.

John Land, y'all may recall the time that John Land, I think he used to sit in the same spot as Senator REESE, and we were debating the Bill that talks about legalizing raffles. Technically if the rotary club or your church was having a raffle, it was technically illegal. He was on finance, and I was still on judiciary. Land stands up and he says, "You mean to tell me that when my church raffles off a shotgun, that's illegal?" To which I responded, "Senator, did you know in the 110 year history of my


Printed Page 3461 . . . . . Wednesday, June 1, 2016

synagogue we never raffled off a shotgun. A pair of cufflinks maybe but not a shotgun."

My brother from a right wing mother, Senator KEVIN BRYANT. Talk about a disruption of the gene pool. You may not know this but Senator BRYANT asked if I would be on one of his television ads. Senator MARLON KIMPSON and I have become stars in Anderson. He has this great tv commercial with Jim DeMint and Jeff Duncan saying KEVIN BRYANT is a conservative republican. And then it says the democrats in Columbia say he won't negotiate on abortion and taxes. And there's me and MARLON.

Oh and then there's the Senator from Spartanburg, Senator LEE BRIGHT. What can I say about you, well that's about it! I came into this Chamber as a Jewish, prochoice democrat and I am leaving this Chamber as a Jewish, prochoice democrat. But I appreciate you trying to convert me on both. Thank you, Senator.

To Margaret Wright and Michele Neal, you have done an outstanding job. Whatever good I have done in this Senate, I have done because of the two of you and I am very grateful. You did things that I never knew about but people would come to me and thank me for doing something at DMV or getting a road fixed and I just say, "Well you're welcome. It took a lot of work." But it was because of the two of you. I love you both and I appreciate it.

Senator HARVEY PEELER, Senator PEELER complains that I don't know how to whisper. I want to apologize to you and to Senator LEATHERMAN because apparently I don't know how whisper. My parents never taught me how to whisper. I'm going to let you in on a little secret. My people spent 40 years in the desert. You have to talk loud in a desert, people get lost. Moses tried to go back to Egypt and we would yell and bring him back. But it has been a great pleasure serving with you Mr. Leader. Where we have disagreed it has been a great jest, it has never been personal, and I thank you for all the courtesy you extended to me.

Senator LEATHERMAN, it has been probably one of my great pleasures serving on the Senate Finance Committee. I am a business man and I have learned so much about the way government works. I thank you too sir for your service. You more than anyone I know are intent on keeping the Senate the deliberative Chamber. You are always very respectful for the rights of the minority. I appreciate that and wish you and your family always the very best.

To Deanne, Melanie and Ken, we could not have three better researchers. Deanne is like a sister. She and I call and vent with each


Printed Page 3462 . . . . . Wednesday, June 1, 2016

other all the time. Melanie Weidel and Ken Harris, the three of y'all are just excellent. I tell you no one in my opinion knows how state government works better than Deanne Gray. Mr. James Brown and our delegation staff, I want to thank you.

You know this has been an interesting journey for me. I have served with three governors and six lieutenant governors. I am very excited about the future, spending more time with my family, friends, nurturing the growth of an insurance business. And when it comes to family, I would not trade mine for all of the world. So let me introduce them if I can.

First of all, mom please stand up. My mother, the very best campaigner for both my late father and me, Susan Lourie. Mom, you have always been my best sounding board. I just couldn't say enough about the things you have done for me, and the way you have supported me. Here's an interesting statistic, my mother has been the CEO of 15 consecutive winning elections and re-elections since 1964. Please give her a round applause. We lost one election and that was in 1960. My dad's first campaign and I wasn't born yet, for the record. Mom was bitten by two dogs, once in the 1960 race and once in the 1998 race. In fact, she was pregnant with my brother Lance in the 1960 race. The first election my dad ever ran, he came in sixth on a five man slate and she was bitten by dog. If you ever practiced law with Lance, he foams at the mouth and we think there is some sort of connection.

My wonderful wife, Becky, who has been my best friend and partner for 26 years. An absolutely incredible mother to our two children. Honey, I love you and I am looking forward to us spending a lot more time together.

To my two children, Rachel and Sam, I just can't tell you how proud I am. Rachel is entering a third year in Teach for America in Nashville, and she just has a great future ahead of her. I am so proud of her. My son, Sam, many of you met this year while he was paging in the Senate. He's a Sports and Entertainment major at the University of South Carolina. He's working in Charleston. I couldn't be prouder of you just because of the two people you have become. You both share your grandfather and your grandmother and hopefully your mother and my compassion and care for people. I am very proud of the two of you.

My brother Neal and his wife Robin and their two twins who seem to be enjoying this speech thoroughly, Duncan and Izzie -- I think they are about ready to go here. Just thank you for your support.


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My brother Lance and his wife, Robin, who are in Atlanta watching with their children Jessica, Austin and Isabelle, who could not be here today because of a scheduling conflict.

My mother-in-law, Ann Baum, my sister in law Cheryl Baum. A couple more friends here, my cousin Susan Lourie, another Susan Lourie, who was my first campaign manager. Of course my good friend John Roof and Sheriff Leon Lott who went out on a wing and supported me on my very first race.

Up in the gallery I've got my cousins Lucky and Lisa Levinson, my business partner Chris Johnson and Lauren Sims who heads up our sales and marketing, Flynn Harrell and so many people back there, I just can't thank you enough.

The Grammy award winning band Green Day in their song Good Riddance wrote, "Another turning point, a fork stuck in the road. Time grabs you by the wrist and directs you where to go. So make the best of this test and don't ask why. It's not a question but a lesson learned in time. It's something unpredictable but in the end is right. I hope you had the time of your life."

To the people of Richland and Kershaw counties, to the members of this Body, to the members of the House and Senate whom I have served with previously, to all the friends and coworkers I mentioned earlier, to my wonderful family, and to God, thank you all for giving me the time of my life. Thank you. God Bless.

RECESS

At 4:30 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 5:00 P.M.

At 5:00 P.M., the Senate resumed.

Call of the Senate

Senator SHANE MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

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


Printed Page 3464 . . . . . Wednesday, June 1, 2016

Martin, Larry             Martin, Shane             Massey
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Reese
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Turner
Verdin                    Williams                  Young

A quorum being present, the Senate resumed.

Motion Adopted

On motion of Senator CAMPSEN, with unanimous consent, Senators LARRY MARTIN, MALLOY, HUTTO and CAMPSEN were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 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.

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.


Printed Page 3465 . . . . . Wednesday, June 1, 2016

H. 5364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, RELATING TO UNEMPLOYMENT TRUST FUND SOLVENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3449 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 50-13-675, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME FISHING DEVICES AND GEAR THAT ARE PERMITTED TO BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE RECREATIONAL LICENSES FOR THE USE OF HOOP NETS ALONG THE WATEREE RIVER.

AMENDED, READ THE THIRD TIME
HOUSE BILL RETURNED

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.

The Senate proceeded to the consideration of the Bill.

Senator HUTTO proposed the following amendment (3710CBH1), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 27 and inserting the following:

/       2013, 2014, and 2015 beginning after 2011 and before 2017, in     /

Further, amend the bill, as and if amended, page 1, by striking line 40 and inserting:

/     2017. If a lot receiving the additional eligibility under this item is/

Renumber sections to conform.

Amend title to conform.


Printed Page 3466 . . . . . Wednesday, June 1, 2016

Senator HUTTO explained the amendment.

The amendment was adopted.

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

Ayes 41; Nays 0

AYES

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

Total--41

NAYS

Total--0

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

AMENDED, READ THE THIRD TIME
HOUSE BILL RETURNED

H. 3999 (Word version) -- Reps. Henderson, G.M. Smith, Ridgeway and Atwater: A BILL TO AMEND SECTION 44-66-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY MAKE HEALTH CARE DECISIONS FOR PATIENTS WHO ARE UNABLE TO PROVIDE CONSENT, SO AS TO CHANGE THE PROCESS FOR CERTAIN RELATIVES AND OTHER INDIVIDUALS TO MAKE THESE HEALTH CARE DECISIONS, TO ADD ADDITIONAL


Printed Page 3467 . . . . . Wednesday, June 1, 2016

CLASSES OF PERSONS WITH THE AUTHORITY TO MAKE THESE HEALTH CARE DECISIONS, TO REQUIRE A BIOETHICS COMMITTEE TO SELECT CERTAIN DECISION MAKERS, TO ENABLE CERTAIN DECISION MAKERS TO CONSULT WITH A SECOND PHYSICIAN BEFORE MAKING A HEALTH CARE DECISION, TO REQUIRE THAT DECISIONS TO WITHHOLD OR WITHDRAW LIFE-PROLONGING MEASURES BE REVIEWED BY A BIOETHICS COMMITTEE, AND TO REQUIRE CERTAIN DOCUMENTATION RELATED TO SELECTION OF A DECISION MAKER.

The Senate proceeded to the consideration of the Bill.

Senator SHEHEEN proposed the following amendment (3999R001.EB.VAS), which was adopted:

Amend the bill, as and if amended, by striking Section 44-66-30(A)(10) in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Coleman                   Corbin                    Courson
Cromer                    Davis                     Fair
Gambrell                  Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Reese                     Sabb
Scott                     Setzler                   Shealy


Printed Page 3468 . . . . . Wednesday, June 1, 2016

Sheheen                   Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

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

AMENDED, READ THE THIRD TIME
HOUSE BILL RETURNED

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,


Printed Page 3469 . . . . . Wednesday, June 1, 2016

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.

The Senate proceeded to the consideration of the Bill.

Senator SETZLER proposed the following amendment (4145R003.EB.NGS), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 27-39 and inserting:

/     (6)   the president or provost of a research university who shall be selected by the presidents of the research universities;

(7)   the president or provost of a four-year college or university who shall be selected by the presidents of the four-year universities;

(8)   the president of a technical college who shall be appointed by the Chairman of the State Board for Technical and Comprehensive Education;

(9)   a person appointed by the Superintendent of Education who has particularized expertise regarding Chapter 59, Title 59, the South Carolina Education and Economic Development Act; and

(10)   a representative from the business community appointed by the President of the South Carolina Chamber of Commerce.         /

Amend the bill further, as and if amended, page 3, by striking lines 36-41 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell


Printed Page 3470 . . . . . Wednesday, June 1, 2016

Campsen                   Coleman                   Corbin
Courson                   Cromer                    Davis
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, John            McElveen
Nicholson                 Peeler                    Reese
Sabb                      Scott                     Setzler
Shealy                    Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

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

AMENDED, READ THE THIRD TIME
HOUSE BILL RETURNED

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.

The Senate proceeded to the consideration of the Bill.

Senator HUTTO proposed the following amendment (5118R001.EB.REC), which was adopted:

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

/   SECTION   1.   Section 56-2-105 of the 1976 Code is amended to read:


Printed Page 3471 . . . . . Wednesday, June 1, 2016

"Section 56-2-105.   (A)   For the purposes of this section, 'gated community' means any homeowners' community with at least one access controlled ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance.

(B)   An individual or business owner of a vehicle commonly known as a golf cart may obtain a permit decal and registration from the Department of Motor Vehicles upon presenting proof of ownership and liability insurance for the golf cart and upon payment of a five dollar fee.

(C)   During daylight hours only:

(1)   During daylight hours only, a permitted golf cart may be operated within four miles of the address on the registration certificate and only on a secondary highway or street for which the posted speed limit is thirty five miles an hour or less.

(2)   During daylight hours only, a permitted golf cart may be operated within four miles of a point of ingress and egress to a gated community and only on a secondary highway or street for which the posted speed limit is thirty five miles an hour or less.

(3)   During daylight hours only, within four miles of the registration holder's address, and while traveling along a secondary highway or street for which the posted speed limit is thirty five miles an hour or less, a permitted golf cart may cross a highway or street at an intersection where the highway has a posted speed limit of more than thirty five miles an hour.

(4)   During daylight hours only, a permitted golf cart may be operated along a secondary highway or street for which the posted speed limit is thirty five miles an hour or less on an island not accessible by a bridge designed for use by automobiles.

(C)(D)   A person operating a permitted golf cart must be at least sixteen years of age and hold a valid driver's license. The operator of a permitted golf cart being operated on a highway or street must have in his possession:

(1)   the registration certificate issued by the department;

(2)   proof of liability insurance for the golf cart; and

(3)   his driver's license.

(D)(1)(E)   A golf cart permit must be replaced with a new permit every five years, or at the time the permit holder changes his address.

(2)   Golf cart owners holding golf cart permits on or before October 1, 2012, will have until September 30, 2015, to obtain a replacement permit.


Printed Page 3472 . . . . . Wednesday, June 1, 2016

(E)(F)(1)   A political subdivision may, on designated streets or roads within the political subdivision's jurisdiction, reduce the area in which a permitted golf cart may operate from four miles to no less than two miles.

(2)   A political subdivision may, on primary highways, secondary highways, streets, or roads within the political subdivision's jurisdiction, create separate golf cart paths on the shoulder of its primary highways, secondary highways, streets and roads for the purpose of golf cart transportation, if:

(a)   the political subdivision obtains the necessary approvals, if any, to create the golf cart paths; and

(b)   the golf cart path is:

(i)     separated from the traffic lanes by a hard concrete curb;

(ii)   separated from the traffic lanes by parking spaces; or

(iii)   separated from the traffic lanes by a distance of four feet or more.

(3)   In a county with a population of no less than one hundred fifty thousand and no more than two hundred fifty thousand persons:

(a)   if a municipality has jurisdiction over a barrier island, the municipality may enact an ordinance allowing for the operation of a golf cart at night on designated portions of the barrier island within the municipality, provided the golf cart is equipped with working headlights and rear lights; or

(b)   if a barrier island is not within the jurisdiction of a municipality, the county in which the barrier island is located may enact an ordinance allowing for the operation of a golf cart at night on designated portions of the county, provided the golf cart is equipped with working headlights and rear lights.

If a municipality or county enacts an ordinance allowing golf carts to operate at night on a barrier island, the requirements of subsection (C), other than operation in daylight hours only, shall still apply to all permitted golf carts.

(4)   A political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.

(F)(G)   The provisions of this section that restrict the use of a golf cart to certain streets, certain hours, and certain distances shall not apply to a golf cart used by a public safety agency in connection with the performance of its duties."   /

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


Printed Page 3473 . . . . . Wednesday, June 1, 2016

/SECTION   ___.   Any municipal or county ordinance enacted pursuant to Section 56-2-105(F)(3) shall expire on January 1, 2021.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Coleman                   Corbin
Courson                   Cromer                    Davis
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews, John            McElveen                  Nicholson
Peeler                    Reese                     Sabb
Setzler                   Shealy                    Sheheen
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

HOUSE BILLS RETURNED

The following Bills were read the third time and ordered returned to the House with amendments:


Printed Page 3474 . . . . . Wednesday, June 1, 2016

H. 4554 (Word version) -- Reps. Clemmons, Pitts, Duckworth, Rivers, Fry, H.A. Crawford, Goldfinch, Jordan, Lowe, Johnson and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 35 SO AS TO ENACT THE "SOUTH CAROLINA ANTI-MONEY LAUNDERING ACT" TO PROVIDE REGULATION AND OVERSIGHT OF THE MONEY TRANSMISSION SERVICES BUSINESS MOST COMMONLY USED BY ORGANIZED CRIMINAL ENTERPRISE TO LAUNDER THE MONETARY PROCEEDS OF ILLEGAL ACTIVITIES, AND TO PROVIDE DEFINITIONS, EXCLUSIONS, PROCEDURES, AND PENALTIES.

H. 5367 (Word version) -- Reps. Loftis, Bannister, Burns, Bedingfield, Hamilton, Robinson-Simpson, Chumley, Dillard, Henderson, Nanney and G.R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO RENEWABLE WATER RESOURCES (REWA), FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD THE "NORTHERN GREENVILLE" AREA OF GREENVILLE COUNTY TO REWA'S SERVICE AREA, AND TO EXPRESS THE GENERAL ASSEMBLY'S INTENT TO DESIGNATE A MAP AS THE DOCUMENT OF RECORD ON WHICH REWA'S AMENDED BOUNDARY LINES ARE DELINEATED.

The Senate proceeded to the consideration of the Bill.

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

Ayes 39; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Corbin
Courson                   Cromer                    Davis
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews, John
McElveen                  Nicholson                 Peeler
Reese                     Sabb                      Setzler


Printed Page 3475 . . . . . Wednesday, June 1, 2016

Shealy                    Sheheen                   Turner
Verdin                    Williams                  Young

Total--39

NAYS

Total--0

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

H. 5279 (Word version) -- Reps. Stavrinakis, McCoy, Merrill, Sottile, Daning, Gilliard, Limehouse, Crosby, Tinkler, Whipper and R.L. Brown: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE PROCEDURES CONCERNING THE ANNUAL DISTRICT BUDGET BY PROVIDING THE SCHOOL BOARD SHALL OBTAIN CERTIFICATION OF PROPERTY TAX REVENUE EXPECTED FOR THE BUDGET FROM THE COUNTY AUDITOR BEFORE THE BOARD MAY GIVE THE BUDGET SECOND READING, TO PROVIDE THAT WITHIN SIXTY DAYS FOLLOWING ENACTMENT OF THE ANNUAL STATE BUDGET, THE BOARD SHALL REVIEW AND, IF NEEDED TO AVOID OPERATING WITH A DEFICIT, AMEND THE ANNUAL DISTRICT BUDGET TO REFLECT FUNDS ACTUALLY APPROPRIATED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT BEFORE JANUARY FIRST ANNUALLY THE BOARD SHALL REVIEW THE STATUS OF ITS FISCAL YEAR REVENUES AND EXPENDITURES TO DETERMINE THE EXTENT TO WHICH, IF ANY, THE DISTRICT IS OPERATING WITH A DEFICIT, AND TO PROVIDE IF THE DISTRICT DETERMINES THAT IT IS OPERATING WITH A DEFICIT, IT MUST AMEND ITS BUDGET TO ELIMINATE THE DEFICIT WITHIN SIXTY DAYS.

H. 4878 (Word version) -- Reps. Tallon, Allison, Bales, Anthony, Burns, Kennedy, Quinn, Chumley, Clary, Gagnon, Hixon and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-85 SO AS TO PROVIDE THAT COMMUNICATIONS BETWEEN A CLIENT AND ANY MEMBER


Printed Page 3476 . . . . . Wednesday, June 1, 2016

OF A PEER-SUPPORT TEAM SHALL BE CONFIDENTIAL AND PRIVILEGED UNDER CERTAIN CIRCUMSTANCES.

H. 5078 (Word version) -- Reps. White and Cobb-Hunter: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS LOCAL SALES AND USE TAXES, SO AS TO DEFINE "GENERAL ELECTION"; TO AMEND SECTIONS 4-10-330 AND 4-10-340, BOTH AS AMENDED, RELATING TO THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO PROVIDE THAT THE TAX MUST TERMINATE ON APRIL THIRTIETH OF AN ODD- OR EVEN-NUMBERED YEAR.

H. 5245 (Word version) -- Reps. Tallon, Bannister, J.E. Smith, Finlay, Anthony, Bernstein, Bales, Bingham, Clary, Cole, Delleney, Forrester, Henderson, Herbkersman, Pope, G.M. Smith and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-945 SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, IMPORTER, OR RETAILER MAY OFFER OR SPONSOR CERTAIN COUPONS AND REBATES TO A CONSUMER FOR THE PURCHASE OF BEER, TO PROVIDE THAT A WHOLESALER IS PROHIBITED FROM PARTICIPATING IN THE PROCUREMENT, REDEMPTION, OR OTHER COSTS ASSOCIATED FOR ANY COUPON OR REBATE FOR BEER, AND TO PROVIDE THAT A BEER MANUFACTURER OR WHOLESALER IS PROHIBITED FROM OFFERING PAPER INSTANT REDEEMABLE COUPONS AND SCANBACK COUPONS FOR BEER IN THIS STATE.

H. 3952 (Word version) -- Rep. Bannister: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY ADMISSION OF A PERSON LIKELY TO CAUSE SERIOUS HARM TO HIMSELF OR OTHERS, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; TO AMEND SECTION 44-17-430, AS AMENDED, RELATING TO THE EXAMINATION UNDER CUSTODY OF A PERSON REQUIRING IMMEDIATE HOSPITALIZATION WHEN EXAMINATION IS NOT OTHERWISE POSSIBLE, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; AND TO AMEND SECTION 44-17-440, RELATING TO THE CUSTODY AND TRANSPORT OF


Printed Page 3477 . . . . . Wednesday, June 1, 2016

A PERSON REQUIRING IMMEDIATE CARE, SO AS TO REQUIRE A STATE OR LOCAL LAW ENFORCEMENT OFFICER WITH CRISIS INTERVENTION TRAINING AND DRESSED IN CIVILIAN CLOTHES OR AN EMERGENCY MEDICAL TECHNICIAN TO TAKE INTO CUSTODY AND TRANSPORT THE PERSON TO THE HOSPITAL.

H. 4773 (Word version) -- Reps. Duckworth, Kirby, Jordan, Johnson, Collins, Hill, Brannon, Merrill and Tinkler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "MARGY'S LAW"; TO AMEND SECTION 44-78-15, RELATING TO DEFINITIONS IN THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ORDER ACT, SO AS TO DEFINE THE TERM "DO NOT RESUSCITATE BRACELET"; TO AMEND SECTION 44-78-20, RELATING TO THE AVAILABILITY OF DO NOT RESUSCITATE ORDERS FOR EMERGENCY SERVICES TO THE TERMINALLY ILL, SO AS TO PROVIDE FOR THE AVAILABILITY OF DO NOT RESUSCITATE BRACELETS IN ADDITION TO WRITTEN ORDERS; AND TO AMEND SECTIONS 44-78-25, 44-78-30, 44-78-35, 44-78-40, 44-78-45, AND 44-78-60, ALL RELATING TO MISCELLANEOUS PROVISIONS IN THE ACT, SO AS TO MAKE CONFORMING CHANGES.

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.

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


Printed Page 3478 . . . . . Wednesday, June 1, 2016

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".

H. 5034 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4320 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AN INFORMATIONAL CHARITABLE BINGO WEBPAGE ON ITS WEBSITE; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR PURPOSES OF THE BINGO TAX ACT, SO AS TO REDEFINE "BUILDING"; TO AMEND SECTION 12-21-3940, RELATING TO APPLICATIONS FOR A BINGO LICENSE BY NONPROFIT ORGANIZATIONS AND PROMOTERS, SO AS TO EXTEND THE TIME BY WHICH THE DEPARTMENT MUST RESPOND; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THE MANNER IN WHICH CERTAIN DEVICES MUST BE OPERATED; TO AMEND SECTION 12-21-4000, RELATING TO PROCEDURES APPLICABLE TO THE CONDUCT OF BINGO, SO AS TO INCREASE THE ALLOWANCE FOR PROMOTIONS; TO AMEND SECTION 12-21-4005, RELATING TO THE OPERATION OF BINGO GAMES, SO AS TO EXCLUDE CERTAIN RAFFLES; TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO ALLOW THE PROMOTER TO MAKE CERTAIN CONTRIBUTIONS AND TO ALLOW FOR ELECTRONIC PAYMENTS; AND TO AMEND SECTION 12-21-4190 RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO TO INCREASE THE PERCENTAGE THAT IS DISTRIBUTED TO CHARITY.

H. 4577 (Word version) -- Reps. White, Bales, Merrill, D.C. Moss, G.R. Smith and Cobb-Hunter: A BILL TO AMEND SECTION 12-37-2460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREDITING OF AIRCRAFT PROPERTY TAXES, SO AS TO CREDIT THE PROCEEDS OF THE TAX TO THE STATE


Printed Page 3479 . . . . . Wednesday, June 1, 2016

AVIATION FUND; AND TO AMEND SECTION 55-5-280, AS AMENDED, RELATING TO THE STATE AVIATION FUND, SO AS TO MAKE A CONFORMING CHANGE.

READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill.

Senator MASSEY explained the Bill.

The question being the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

Recorded Vote

Senators CROMER and HAYES abstained from voting on H. 3147.

Motion under Rule 26B

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

There was no objection.

READ THE SECOND TIME

H. 5040 (Word version) -- Reps. Mack and Sandifer: A BILL TO AMEND SECTION 37-1-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERRITORIAL APPLICATION OF THE CONSUMER PROTECTION CODE, SO AS TO EXPAND HOW A


Printed Page 3480 . . . . . Wednesday, June 1, 2016

CREDITOR MAY INDUCE A CONSUMER TO ENTER INTO A TRANSACTION; TO AMEND SECTION 37-1-203, RELATING TO JURISDICTION AND SERVICE OF PROCESS, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-1-302, RELATING TO THE DEFINITION OF THE "FEDERAL CONSUMER CREDIT PROTECTION ACT", SO AS TO REMOVE THE REFERENCE TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM; TO AMEND SECTION 37-2-102, RELATING TO THE SCOPE OF CHAPTER 2 OF THE CONSUMER PROTECTION CODE, SO AS TO APPLY CERTAIN PROVISIONS TO THE SALE OF MOTOR VEHICLES; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING THE MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-3-305, RELATING TO FILING AND POSTING A MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-5-102, RELATING TO THE SCOPE OF CHAPTER 5 OF THE CONSUMER PROTECTION CODE, SO AS TO EXTEND THE PROVISIONS OF THE CHAPTER TO OTHER TRANSACTIONS GOVERNED BY TITLE 37; TO AMEND SECTION 37-6-102, RELATING TO THE APPLICABILITY OF CHAPTER 6, TITLE 37, SO AS TO APPLY THE PROVISIONS OF THE CHAPTER TO A PERSON WHO IS SUBJECT TO TITLE 37 OR AN ACTION OF THE ADMINISTRATOR; TO AMEND SECTION 37-6-107, RELATING TO THE APPLICATION OF CHAPTER 6 TO ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW, SO AS TO REMOVE THE REFERENCE TO PART FOUR OF CHAPTER 6 AND INSERT THAT THE ADMINISTRATIVE PROCEDURES ACT APPLIES TO AND GOVERNS ALL ADMINISTRATIVE ACTIONS TAKEN PURSUANT TO THE CHAPTER; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO REMOVE LANGUAGE REQUIRING AN ADMINISTRATOR TO BRING AN ACTION BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-110, RELATING TO


Printed Page 3481 . . . . . Wednesday, June 1, 2016

INJUNCTIONS AGAINST VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "RESPONDENT"; TO AMEND SECTION 37-6-115, RELATING TO REMEDIES AVAILABLE UNDER THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "DEBTORS" WITH THE TERM "CONSUMERS"; AND TO AMEND SECTION 37-6-118, RELATING TO INVESTIGATION OF UNFAIR TRADE PRACTICES IN CONSUMER TRANSACTIONS, SO AS TO UPDATE THE PROCEDURES AVAILABLE TO A PERSON AGGRIEVED BY AN ORDER OF THE ADMINISTRATOR.

The Senate proceeded to a consideration of the Bill.

Senator HAYES explained the Bill.

The question being the second reading of the Bill.

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

Ayes 41; Nays 0

AYES

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

Total--41


Printed Page 3482 . . . . . Wednesday, June 1, 2016

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

H. 4339 (Word version) -- Reps. Kennedy, McCoy, Quinn, Atwater, Delleney and Weeks: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING THE STATE GRAND JURY SYSTEM, SO AS TO PROVIDE ADDITIONAL FINDINGS CONCERNING CERTAIN CRIMES INVOLVING INSURANCE FRAUD; TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE CERTAIN CRIMES INVOLVING INSURANCE FRAUD; TO AMEND SECTION 38-55-170, RELATING TO CRIMES AND PENALTIES FOR PRESENTING FALSE CLAIMS FOR PAYMENT TO AN INSURER TRANSACTING IN THIS STATE, SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVING PRIVILEGES OF A PERSON FOUND ON THE RECORD BY THE COURT OF HAVING CARELESSLY OR RECKLESSLY OPERATED A MOTOR VEHICLE IN THE COMMISSION OF SUCH A VIOLATION AND TO SUBJECT THE DRIVER'S MOTOR VEHICLE AND RELATED PROPERTY USED IN THE COMMISSION OF THE VIOLATION TO FORFEITURE; TO AMEND SECTION 38-55-540, RELATING TO CRIMES AND PENALTIES FOR MAKING FALSE STATEMENTS OF MISREPRESENTATION IN VIOLATION OF THE INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO REVISE CRITERIA FOR VARIOUS PENALTIES, AND TO PROVIDE FOR THE SUSPENSION OF THE DRIVING PRIVILEGES OF A PERSON FOUND ON THE RECORD BY THE COURT OF HAVING CARELESSLY OR RECKLESSLY OPERATED A MOTOR VEHICLE IN THE COMMISSION OF SUCH A VIOLATION AND SUBJECT THE DRIVER'S MOTOR VEHICLE AND RELATED PROPERTY USED IN THE COMMISSION OF THE VIOLATION TO FORFEITURE; AND TO AMEND SECTION 56-1-146, RELATING TO SURRENDER OF DRIVERS LICENSES BY PEOPLE


Printed Page 3483 . . . . . Wednesday, June 1, 2016

CONVICTED OF CERTAIN CRIMES, SO AS TO INCLUDE THE CRIME OF INSURANCE FRAUD.

The Senate proceeded to a consideration of the Bill.

Senator MALLOY proposed the following amendment (JUD4339.005), which was adopted:

Amend the bill, as and if amended, page 8, by striking lines 19-22 and inserting:

/     (B)   Upon conviction of a violation of this section, any motor vehicles, equipment, or other property, real or personal, owned by the convicted person and used in the furtherance of a violation of this section is subject to forfeiture. Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 16-8-260."   /

Amend the bill further, as and if amended, page 9, by striking lines 23-26 and inserting:

/     (C)   Upon conviction of a violation of this section, any motor vehicles, equipment, or other property, real or personal, owned by the convicted person and used in the furtherance of a violation of this section is subject to forfeiture. Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 16-8-260."

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

The question being the second reading of the Bill.

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

Motion under Rule 26B

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

There was no objection.

READ THE SECOND TIME

H. 5119 (Word version) -- Reps. Goldfinch, Putnam, Clemmons, Quinn, Fry, H.A. Crawford, Johnson, Burns, Collins, Merrill, Yow, Hamilton, McCoy, Jordan, Robinson-Simpson, Finlay, Kennedy, Spires,


Printed Page 3484 . . . . . Wednesday, June 1, 2016

Ballentine, Bannister, Bedingfield, R.L. Brown, Delleney, Dillard, Duckworth, Felder, Funderburk, Gambrell, Hardee, Henderson, Hill, Lowe, Lucas, D.C. Moss, Nanney, Pitts, Ryhal, Sandifer, G.R. Smith, J.E. Smith, Stringer, Toole, Williams and Willis: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO REQUIRE A MEMBER OF THE STATE GUARD TO COMPLETE A MINIMUM OF ONE HUNDRED NINETY-TWO HOURS OF TRAINING OR DRILL EACH YEAR IN ORDER TO QUALIFY FOR THE DEDUCTION; TO AMEND SECTION 25-1-635, AS AMENDED, RELATING TO LEGAL ASSISTANCE SERVICES FOR GUARD MEMBERS AND IMMEDIATE FAMILY MEMBERS, SO AS TO AUTHORIZE SOUTH CAROLINA STATE GUARD JUDGE ADVOCATES TO PROVIDE THESE SERVICES AND TO INCLUDE THEM WITHIN THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTIONS 25-3-20 AND 25-3-130, BOTH RELATING TO THE GOVERNOR'S AUTHORITY TO CALL THE STATE GUARD INTO DUTY, SO AS TO CLARIFY THE CIRCUMSTANCES AUTHORIZING THE GOVERNOR TO CALL THE STATE GUARD INTO DUTY AND TO PROVIDE THAT CIRCUMSTANCES INVOLVING A NATURAL OR MANMADE DISASTER, EMERGENCY, OR EMERGENCY PREPAREDNESS MAY WARRANT CALLING THE STATE GUARD INTO SERVICE; AND TO AMEND SECTION 25-3-140, RELATING TO PAY OF STATE GUARD MEMBERS ON ACTIVE DUTY, SO AS TO PROVIDE THAT STATE GUARD MEMBERS MAY RECEIVE A DAILY STIPEND OR PER DIEM PAY FOR REASONABLE EXPENSES, OR BOTH, IF APPROVED BY THE ADJUTANT GENERAL.

The Senate proceeded to a consideration of the Bill.

Senator CROMER explained the Bill.

The question being the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.


Printed Page 3485 . . . . . Wednesday, June 1, 2016

Recorded Vote

Senators CROMER and HAYES abstained from voting on H. 5119.

Motion under Rule 26B

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

There was no objection.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4387 (Word version) -- Reps. Bamberg, Henegan, Clyburn, Pitts, Cobb-Hunter and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT REQUIRE ITS OFFICERS TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS THEIR OFFICERS ISSUE DURING A DESIGNATED PERIOD OF TIME, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, DEPARTMENT, OR DIVISION MAY NOT COMPARE THE NUMBER OF CITATIONS ISSUED BY ITS OFFICERS FOR THE PURPOSE OF EVALUATING AN OFFICER'S JOB PERFORMANCE, TO PROVIDE THAT "POINT OF CONTACT" MAY BE USED TO EVALUATE AN OFFICER'S PERFORMANCE, TO PROVIDE THAT AN EMPLOYEE WHO FILES A REPORT THAT ALLEGES A VIOLATION OF THIS SECTION IS PROTECTED BY THE "WHISTLE BLOWER ACT", AND TO PROVIDE DEFINITIONS.

The Senate proceeded to a consideration of the Bill.

The Committee on Judiciary proposed the following amendment (JUD4387.001), which was adopted:

Amend the bill, as and if amended, page 2 by striking lines 13-18 and inserting:

/   (2)   'quota' means a fixed or predetermined amount;

(3)   'points of contact' means a law enforcement officer's interaction with citizens and businesses within their jurisdictions and the law enforcement officer's involvement in community-oriented initiatives."     /

Renumber sections to conform.

Amend title to conform.


Printed Page 3486 . . . . . Wednesday, June 1, 2016

Senator MASSEY explained the committee amendment.

The amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 41; Nays 0

AYES

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

Total--41

NAYS

Total--0

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

READ THE SECOND TIME

H. 5020 (Word version) -- Rep. Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-210 SO AS TO DECLARE THE THIRD SATURDAY OF MAY OF EACH YEAR AS "SOUTH CAROLINA DAY OF SERVICE" AND ENCOURAGE ALL SOUTH CAROLINIANS TO ROLL UP THEIR


Printed Page 3487 . . . . . Wednesday, June 1, 2016

SLEEVES AND LEND A HAND TO MAKE A POSITIVE DIFFERENCE IN OUR GREAT STATE.

The Senate proceeded to a consideration of the Bill.

The question then was second reading of the Bill.

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

Ayes 41; Nays 0

AYES

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

Total--41

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME

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


Printed Page 3488 . . . . . Wednesday, June 1, 2016

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".

The Senate proceeded to a consideration of the Bill.

Senator HEMBREE explained the Bill.

The question then was second reading of the Bill.


Printed Page 3489 . . . . . Wednesday, June 1, 2016

The Bill was read the second time, passed and ordered to a third reading.

Motion under Rule 26B

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

There was no objection.

READ THE SECOND TIME

H. 4877 (Word version) -- Reps. Delleney, Pitts, Lucas, Bannister and Whipper: A BILL TO AMEND SECTION 63-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO ADD TWO ADDITIONAL FAMILY COURT JUDGES WHO SHALL BE AT LARGE AND MUST BE ELECTED WITHOUT REGARD TO THEIR COUNTY OR CIRCUIT OF RESIDENCE.

The Senate proceeded to a consideration of the Bill.

Having voted on the prevailing side, Senator LARRY MARTIN moved to reconsider the vote whereby second reading failed.

The question then was second reading of the Bill.

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

Ayes 21; Nays 18

AYES

Alexander                 Allen                     Campbell
Campsen                   Cromer                    Davis
Gambrell                  Gregory                   Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Malloy                    Martin, Larry
Matthews, John            Nicholson                 Reese
Sabb                      Scott                     Verdin

Total--21

NAYS

Bennett                   Bright                    Bryant
Coleman                   Corbin                    Courson
Fair                      Grooms                    Hayes


Printed Page 3490 . . . . . Wednesday, June 1, 2016

Leatherman                Martin, Shane             Massey
McElveen                  Peeler                    Setzler
Shealy                    Turner                    Young

Total--18

The Bill was read the second time, passed and ordered to a third reading.

AMENDED, OBJECTION

H. 4579 (Word version) -- Reps. Pope, Lucas, Delleney, Simrill, Bales, Clyburn, Hosey, Tallon, Henderson, Felder and W.J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125 SO AS TO PROVIDE THAT IN THE CASE OF A VACANCY IN THE OFFICE OF LIEUTENANT GOVERNOR, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR TO FILL THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION THE LIEUTENANT GOVERNOR AND GOVERNOR MUST BE JOINTLY ELECTED AND TO DELINEATE JOINT CANDIDACY PROCEDURES; TO AMEND SECTION 1-3-120, RELATING TO A VACANCY IN THE OFFICE OF BOTH GOVERNOR AND LIEUTENANT GOVERNOR, SO AS TO DELETE A REFERENCE TO PRESIDENT OF THE SENATE PRO TEMPORE; TO AMEND SECTION 1-3-620, RELATING TO THE OFFICE OF THE GOVERNOR TO BE PART TIME, SO AS TO PROVIDE THAT BEGINNING WITH THE LIEUTENANT GOVERNOR ELECTED IN THE 2018 GENERAL ELECTION, THE LIEUTENANT GOVERNOR SHALL PERFORM THE DUTIES PERTAINING TO THE OFFICE OF THE GOVERNOR WHICH ARE ASSIGNED BY THE GOVERNOR, EXCEPT WHEN OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 1-9-30, RELATING TO EMERGENCY INTERIM SUCCESSORS TO THE OFFICE OF THE GOVERNOR, SO AS TO DELETE A REFERENCE TO PRESIDENT OF THE SENATE PRO TEMPORE; TO AMEND SECTION 1-17-20, RELATING TO THE COMMITTEE ON INTERSTATE COOPERATION OF THE SENATE, SO AS TO PROVIDE THAT BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY IN 2019, THE PRESIDENT OF THE SENATE MAY SERVE ON THE COMMITTEE EX OFFICIO; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE


Printed Page 3491 . . . . . Wednesday, June 1, 2016

APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR ON LEGISLATIVE DAYS, SO AS TO ELIMINATE THE LIEUTENANT GOVERNOR'S ELIGIBILITY FOR A SUBSISTENCE ALLOWANCE; TO AMEND SECTION 2-3-90, RELATING TO THE ELECTION OF READING CLERKS, SERGEANTS AT ARMS, AND ASSISTANT SERGEANTS AT ARMS, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; TO AMEND SECTION 7-11-30, AS AMENDED, RELATING TO CONVENTION NOMINATION OF CANDIDATES, SO AS TO REMOVE A REFERENCE TO "LIEUTENANT GOVERNOR"; TO AMEND SECTION 7-17-10, AS AMENDED, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO REMOVE A REFERENCE TO THE "LIEUTENANT GOVERNOR"; TO AMEND SECTION 10-1-40, RELATING TO THE STATE HOUSE COMMITTEE, SO AS TO REPLACE THE "LIEUTENANT GOVERNOR" AS THE APPOINTING AUTHORITY FOR THE SENATE WITH THE "PRESIDENT OF THE SENATE"; TO AMEND SECTIONS 14-27-20, 14-27-30, AND 14-27-40, ALL AS AMENDED, ALL RELATING TO THE JUDICIAL COUNCIL OF THE STATE OF SOUTH CAROLINA, SO AS TO REPLACE REFERENCES TO THE "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; AND TO AMEND SECTION 14-27-80, RELATING TO THE DUTIES OF CERTAIN MEMBERS OF THE JUDICIAL COUNCIL OF THE STATE OF SOUTH CAROLINA, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE".

The Senate proceeded to a consideration of the Bill.

Senator MALLOY proposed the following amendment (JUD4579.003), which was adopted:

Amend the committee report, as and if amended, page [4579-3], by striking lines 40 and 41, in Section 8-13-1314(A)(1)(c), as contained in SECTION 5, and inserting therein the following:

/     (c)   one thousand dollars in the case of a candidate for any other office;     /

Renumber sections to conform.


Printed Page 3492 . . . . . Wednesday, June 1, 2016

Amend title to conform.

Senator MASSEY objected to further consideration of the Bill.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
OBJECTION

H. 3989 (Word version) -- Reps. J.E. Smith, Bernstein, Pitts, Horne, McCoy, Thayer, McEachern and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PERSONS WITH DISABILITIES RIGHT TO PARENT ACT" BY ADDING CHAPTER 21 TO TITLE 63 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES, LAW ENFORCEMENT, AND THE FAMILY AND PROBATE COURTS, AMONG OTHERS, TO PROTECT THE PARENTING RIGHTS OF PERSONS WITH A DISABILITY BY ESTABLISHING CERTAIN REQUIREMENTS AND SAFEGUARDS APPLICABLE IN CHILD CUSTODY, CHILD PROTECTION, AND PROBATE GUARDIANSHIP PROCEEDINGS TO ENSURE THAT PERSONS WITH DISABILITIES ARE NOT DENIED THE RIGHT TO PARENT OR TO HAVE CUSTODY OF OR VISITATION WITH A CHILD BECAUSE OF THE DISABILITY; TO PROHIBIT CHILD PLACING AGENCIES, ADOPTION SERVICE PROVIDERS, AND ASSISTED REPRODUCTIVE TECHNOLOGY SERVICE PROVIDERS FROM DENYING PERSONS WITH A DISABILITY THE RIGHT TO ACCESS SERVICES BECAUSE OF THE PERSON'S DISABILITY, WITH EXCEPTIONS; BY ADDING SECTION 62-1-510 SO AS TO REQUIRE ASSESSMENTS AND EVALUATIONS OF CERTAIN PERSONS WITH A DISABILITY IN PROBATE COURT PROCEEDINGS, AND TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO ENABLE THE PERSON TO PARENT A CHILD ADEQUATELY; BY ADDING SECTIONS 63-7-1695, 63-7-2575, AND 63-15-270 SO AS TO REQUIRE ASSESSMENTS AND EVALUATIONS OF CERTAIN PERSONS WITH A DISABILITY IN FAMILY COURT PROCEEDINGS TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO ENABLE THE PERSON TO PARENT A CHILD ADEQUATELY; TO AMEND SECTION 63-7-720, RELATING TO REASONABLE EFFORTS REQUIREMENTS FOR PROBABLE CAUSE HEARINGS, SO AS TO REQUIRE SERVICES FOR PARENTS AND LEGAL GUARDIANS WITH A DISABILITY TO TAKE INTO CONSIDERATION THE


Printed Page 3493 . . . . . Wednesday, June 1, 2016

DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO AVOID REMOVAL OF THE CHILD; AND TO AMEND SECTION 63-7-1640, AS AMENDED, RELATING TO FAMILY COURT DETERMINATIONS WHETHER TO REQUIRE REASONABLE EFFORTS TO PRESERVE OR REUNIFY A FAMILY WHEN THE PARENT OR LEGAL GUARDIAN HAS A DISABILITY, SO AS TO REQUIRE THE COURT TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO PRESERVE OR REUNIFY THE FAMILY; AND FOR OTHER PURPOSES.

The Senate proceeded to a consideration of the Bill.

Senator HEMBREE proposed the following amendment (JUD3989.003), which was adopted:

Amend the committee report, as and if amended, page [3989-3], by striking lines 1 through 7 and inserting:

/     (3)   'Disabled' or 'disability' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment that substantially limits one or more of the major life activities of an individual.     /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE explained the amendment.

The amendment was adopted.

Senator HEMBREE proposed the following amendment (JUD3989.004), which was adopted:

Amend the committee report, as and if amended, page [3989-1], by striking lines 36 through 37 and inserting:

/     the person unfit to parent, without considering whether readily available services enable the person to parent adequately. The blindness/

Amend the committee report further, as and if amended, page [3989-1] , by striking Section 63-15-405 beginning at line 41 and inserting:

/     Section 63-15-405.   The Department of Social Services, a child placing agency, or other public entity shall comply with Title II of the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, before taking an action that could impact the parental rights of a person with a disability.     /


Printed Page 3494 . . . . . Wednesday, June 1, 2016

Amend the committee report further, as and if amended, page [3989-2] , by striking lines 9 through 10 and inserting:

/     the person unfit to parent, without considering whether readily available services enable the person to parent adequately.     /

Amend the committee report further, as and if amended, page [3989-2] , by striking lines 16 and inserting:

/     unfit to parent, without considering whether readily available services     /

Amend the committee report further, as and if amended, page [3989-2] , by striking lines 22 through 23 and inserting:

/     unfit to parent, without considering whether readily available services enable the person to parent adequately. The blindness disability of       /

Amend the committee report further, as and if amended, page [3989-2] , by striking line 32 and inserting:

/     considering whether readily available services enable the person to parent     /

Amend the committee report further, as and if amended, page [3989-2] , by striking lines 41 through 42 and inserting:

/     (2)   'Public entity' means the State or any political subdivision of the State, including, but not limited to, any department, agency, special purpose district, or other instrumentality of the state.     /

Amend the committee report further, as and if amended, page [3989-3] , by striking lines 8 through 15 and inserting:

/     (4)   'Readily available services' means any services available and accessible to a person with a disability that help compensate for those aspects of the disability that affect the care for a child and that enables the person to fulfill parental responsibilities including, but not limited to, auxiliary aids or services, learned behavioral or adaptive training, evaluations, and assistance with effective use of adaptive equipment and accommodations that enable a person with a disability to benefit from other services."

Amend the committee report further, as and if amended, page [3989-3] , by striking lines 26 through 27 and inserting:

/     (a)   access to or referrals to access readily available services, as defined in Section 63-15-430(4); and

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.


Printed Page 3495 . . . . . Wednesday, June 1, 2016

Senator HEMBREE explained the amendment.

The Committee on Judiciary proposed the following amendment (JUD3989.002), which was adopted:

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

/     SECTION   1.   Article 4, Chapter 15, Title 63 of the 1976 Code is amended to read:

  "South Carolina Blind Person's Persons with Disabilities Right to Parent Act

Section 63-15-400.   In making decisions on guardianship, custody, or visitation where a party to the action is blind a person with a disability, the court may not deny the party guardianship, custody, or visitation of a child solely because the party is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately. The blindness disability of a party only must be used to determine whether or not granting guardianship, custody, or visitation to the party would be in the best interest of the child.

Section 63-15-405.   The Department of Social Services, a child placing agency, the court, law enforcement, or any other covered entity shall comply with Title II of the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973 before taking an action pursuant to Title 62 or Chapters 7, 9 and 15 of Title 63 that could impact the parental rights of a person with a disability.

Section 63-15-410.   (A)   A person with a disability shall not be denied the opportunity to pursue an adoption of a child solely on the basis of the disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.

(A)(B)   When the Department of Social Services, a guardian, or a child placement placing agency considers an adoption petition, the department, guardian, or child placement placing agency may not deny the petition solely because the petitioner is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.

(B)(C)   In making a determination of adoption where the petitioner is blind a person with a disability, the court may not deny the petition solely because the petitioner is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without


Printed Page 3496 . . . . . Wednesday, June 1, 2016

considering whether supportive services enable the person to parent adequately. The blindness disability of the petitioner only must be used to determine whether or not granting the adoption would be in the best interest of the child.

Section 63-15-420.   Within one year of the adoption of this act, the Department of Social Services shall promulgate regulations prohibiting a local department from removing a child from a home and placing the child in foster care solely because the child's parent or guardian is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.

Section 63-15-430.   For purposes of this act, the term "blind" or "blindness"means article:

(A) vision that is 20/200 or less in the best corrected eye; or

(B) vision that subtends an angle of not greater than twenty degrees in the best corrected eye.

(1)   'Child placing agency' has the same meaning as provided in Section 6-9-30.

(2)   'Covered entity' has the same meaning as provided in the Americans with Disabilities Act of 1990, as amended.

(3)   'Disabled' or 'disability' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment that substantially limits one or more of the major life activities of an individual, consistent with the American with Disabilities Act of 1990, as amended, and as interpreted broadly under the act.

(4)   'Supportive services' means services that help a person with a disability compensate for those aspects of the disability that affect the care for a child and that enables the person to fulfill parental responsibilities including, but not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment and accommodations that enable a person with a disability to benefit from other services, such as braille text or sign language interpretation."

SECTION   2.   Section 63-7-1640(A)   of the 1976 Code is amended to read:

"Section 63-7-1640.   (A)(1)   When this chapter requires the department to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's best interest, health, and safety must be the paramount concern.


Printed Page 3497 . . . . . Wednesday, June 1, 2016

(2)   Reasonable efforts required pursuant to item (1) to preserve or reunify a family in which the parent or legal guardian has a disability shall include, but not be limited to, the following:

(a)     access to or referrals to access supportive services, as defined in Section 63-15-430(4); and

(b)   reasonable accommodations to provide equal and meaningful access to services that are made available to a parent or legal guardian who does not have a disability."

SECTION   3.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator NICHOLSON objected to further consideration of the Bill.

OBJECTION

H. 4262 (Word version) -- Reps. Erickson, M.S. McLeod, Collins and Long: A BILL TO AMEND SECTION 63-13-825, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.

Senator MALLOY objected to further consideration of the Bill.

AMENDED, CARRIED OVER

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


Printed Page 3498 . . . . . Wednesday, June 1, 2016

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.

The Senate proceeded to consideration of the Bill.

Senators SHEHEEN and PEELER proposed the following amendment (H-4521), which was adopted:

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

/     SECTION   1.   This act must be known and may be cited as the "Tucker Hipps Transparency Act".

SECTION   2.   Article 1, Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-210.   (A)(1)   Beginning with the 2016-2017 academic year, a public institution of higher learning shall maintain a report of actual findings of violations of the institution's Conduct of Student Organizations.

(2)   The report of actual findings of violations of the Conduct of Student Organizations is required for offenses involving:

(a)   alcohol;

(b)   drugs;

(c)   sexual assault;

(d)   harm to others;

(e)   threats;

(f)   endangerment; and

(g)   hazing.

(3)   The report of actual findings of violations must contain:

(a)   the name of the organization;

(b)   when the organization was charged with misconduct;

(c)   the dates on which the citation was issued or the event occurred;

(d)   the date the investigation was initiated;

(e)   a general description of the incident, the charges, findings and sanctions placed on the organization; and


Printed Page 3499 . . . . . Wednesday, June 1, 2016

(f)   the date on which matter was resolved.

(4)   The report must include no personal identifying information of the individual members and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

(5)   The institution shall update this report at least forty-five calendar days before the start of the fall and spring academic semesters.

(6)   The institution shall provide reports required under this section on its Internet website in a prominent location. The webpage that contains this report must include a statement notifying the public:

(a)   of the availability of additional information related to findings, sanctions, and organizational sanction completion;

(b)   where a member of the public may obtain the additional information that is not protected under the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g; and

(c)   that the institution is required to provide this additional information pursuant to the South Carolina Freedom of Information Act.

(7)   The institution shall furnish a printed notice of the nature and availability of this report and the website address where it can be found to attendees at student orientation.

(8)   The institution shall maintain reports as they are updated for seven years. Information that is seven years old may be removed from the record by the institution as it updates its records.

(B)   A public institution of higher learning shall submit to the Commission on Higher Education a statement within fourteen calendar days that the reports have been updated as required in subsection (A)(4). The commission shall publish on their webpage a link to the institution's updated reports.

(C)   A member of the public who believes that an institution is not complying with the information disclosure required under this section may seek relief as provided for under the South Carolina Freedom of Information Act."

SECTION   3.   Each public institution of higher learning shall compile an initial report and make it available to the public and online before the beginning of the 2016-2017 academic year. This initial report must include the information outlined in Section 59-101-210 beginning with data after December 31, 2010. If a university cannot comply with this requirement by the 2016-2017 academic year, they may apply for a one-year waiver but all public institutions must be compliant by the 2017-2018 academic year.

SECTION   4.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.


Printed Page 3500 . . . . . Wednesday, June 1, 2016

Amend title to conform.

Senator PEELER explained the amendment.

Senator MALLOY spoke on the Bill.

Senator HUTTO spoke on the Bill.

The amendment was adopted.

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

AMENDMENT PROPOSED, CARRIED OVER

H. 4944 (Word version) -- Reps. Funderburk, Kennedy, W.J. McLeod and Clemmons: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO REMOVE A MUNICIPALITY'S AUTHORITY NOT TO CONDUCT GENERAL ELECTIONS UNDER CERTAIN CONDITIONS.

The Senate proceeded to the consideration of the Bill.

Senator ALEXANDER proposed the following amendment (JUD4944.002):

Amend the bill, as and if amended, page 1, by striking lines 34-35 and inserting:

/       (3)   The provisions of this subsection also apply to municipal general elections. The appropriate governing election commission may vote to cancel an election where only one person has filed for the office, under the conditions of subsection (E)(1).   /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

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

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


Printed Page 3501 . . . . . Wednesday, June 1, 2016

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. 3440 (Word version) -- Reps. Crosby, Daning, George and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-3-115 AND 56-5-3715 SO AS TO PROVIDE THAT A MOPED MUST BE REGISTERED, CARRY LIABILITY INSURANCE, AND MAY NOT BE OPERATED ON A PUBLIC ROAD THAT HAS A SPEED LIMIT GREATER THAN THIRTY-FIVE MILES AN HOUR; TO AMEND SECTIONS 56-1-1720 AND 56-1-1730, RELATING TO THE OPERATION OF MOPEDS ALONG THE STATE'S HIGHWAYS, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED MAY NOT BE ISSUED A MOPED OPERATOR'S LICENSE OR ALLOWED TO OPERATE A MOPED DURING HIS PERIOD OF SUSPENSION.

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

H. 4090 (Word version) -- Reps. Bedingfield, Sandifer, G.A. Brown, Ballentine and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-25 SO AS TO PROVIDE ACTIONS THAT REQUIRE A CERTIFICATE OF AUTHORITY AS A PAWN BROKER; BY ADDING SECTION 40-29-55 SO AS TO PROVIDE FOR THE PERIODIC ADJUSTMENT OF CERTAIN MONETARY REQUIREMENTS IN A CERTAIN MANNER; BY ADDING SECTION 40-29-145 SO AS TO HOLD ORDERS ON PROPERTY IN THE POSSESSION OF A PAWNBROKER SUSPECTED TO HAVE BEEN MISAPPROPRIATED OR STOLEN; BY ADDING SECTION 40-29-155 SO AT TO PROVIDE A PERSON AGGRIEVED BY THE FINAL ADMINISTRATIVE ORDER OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY REQUEST A CONTESTED CASE


Printed Page 3502 . . . . . Wednesday, June 1, 2016

HEARING BEFORE THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THE DEPARTMENT MAY BRING AN ACTION TO ENFORCE ITS ORDER IF THE PERSON FAILS TO TIMELY REQUEST A CONTESTED CASE HEARING; TO AMEND SECTION 40-39-10, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF PAWNBROKERS BY THE DEPARTMENT, SO AS TO REVISE THE DEFINITION OF "PLEDGED GOODS" SPECIFICALLY TO EXCLUDE CERTAIN VEHICLES; TO AMEND SECTION 40-39-20, RELATING TO REGULATIONS OF PAWN BROKERS, SO AS TO REVISE REQUIREMENTS CONCERNING BACKGROUND CHECKS AND TO PROHIBIT THE EMPLOYMENT OF A PERSON CONVICTED OF A FELONY TO ENGAGE IN THE WORK OF A PAWNBROKER, SUBJECT TO CERTAIN EXCEPTIONS; TO AMEND SECTION 40-39-30, RELATING TO THE REQUIREMENT OF A CERTIFICATE OF AUTHORITY FOR EACH BUSINESS LOCATION OF A PAWNBROKER, SO AS TO PROVIDE A PAWNBROKER MAY RETAIN NO PLEDGED GOODS IN A LOCATION OTHER THAN THE LOCATION DESIGNATED IN THE CERTIFICATE OF AUTHORITY WITHOUT FIRST FILING A NOTIFICATION WITH THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPARTMENT, AND TO PROVIDE A PAWNBROKER CONSPICUOUSLY SHALL POST THE HOURS OF OPERATION AND ANY CLOSURE AT EACH LOCATION; TO AMEND SECTION 40-39-40, RELATING TO THE PROHIBITION ON UNAUTHORIZED FEES, SO AS TO PROVIDE A PAWNBROKER THAT COLLECTS SUCH UNAUTHORIZED FEES MAY NOT COLLECT, RECEIVE, OR RETAIN ANY INTEREST OR CHARGES ON THE LOAN IN VIOLATION OF THIS CHAPTER AND HAS NO RIGHT TO POSSESS THE PLEDGED GOODS; TO AMEND SECTION 40-39-50, RELATING TO BONDS AND OTHER EVIDENCE OF FINANCIAL RESPONSIBILITY REQUIRED FOR A CERTIFICATE OF AUTHORITY, SO AS TO REVISE AND DELETE SOME EXISTING REQUIREMENTS AND TO PROVIDE WITHIN TWENTY-ONE CALENDAR DAYS AFTER THE OCCURRENCE OF AN EVENT THAT MAY AFFECT PLEDGED GOODS, A PAWNBROKER SHALL FILE A WRITTEN NOTICE ON A FORM PRESCRIBED BY THE DEPARTMENT DESCRIBING THE EVENT AND ITS EXPECTED IMPACT UPON THE BUSINESS; TO AMEND SECTION 40-39-70, RELATING TO RECORD KEEPING REQUIREMENTS, SO AS TO INCLUDE SALES AMONG THE


Printed Page 3503 . . . . . Wednesday, June 1, 2016

AFFECTED TRANSACTIONS, TO REQUIRE VERIFICATION OF THE IDENTITY OF A PLEDGOR OR SELLER IN A CERTAIN MANNER, AND TO PROVIDE A PAWN OR PURCHASE TRANSACTION MUST BE PERFORMED BY THE OWNER OF THE PROPERTY, OR HIS AUTHORIZED AGENT, WHOSE IDENTITY AND AGENCY RELATIONSHIP MUST BE VERIFIED BY THE PAWNBROKER; TO AMEND SECTION 40-39-80, RELATING TO THE ISSUANCE OF A MEMORANDUM OR NOTE AT THE TIME OF PAWNING OR PLEDGING, SO AS TO CHARACTERIZE THE MEMORANDUM OR NOTE AS A "PAWN TICKET" AND TO PROVIDE DETAILED, RELATED REQUIREMENTS; TO AMEND SECTION 40-39-100, RELATING TO PERMISSIBLE CHARGES ON LOANS BY PAWNBROKERS, SO AS TO REVISE THE MAXIMUM PERMISSIBLE AMOUNT; TO AMEND SECTION 40-39-120, RELATING TO THE RENEWAL OF A CERTIFICATE OF AUTHORITY, SO AS TO PROVIDE PENALTIES FOR FAILING TO TIMELY RENEW, AND TO PROVIDE REQUIREMENTS FOR A PAWN SHOP THAT MUST CLOSE BECAUSE OF A SURRENDER OR REVOCATION OF ITS CERTIFICATE OF AUTHORITY; TO AMEND SECTION 40-39-140, RELATING TO THE ACCEPTANCE OF PROPERTY OWNED BY A THIRD PARTY, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A PAWNBROKER MUST RETURN PLEDGED PROPERTY THAT HAD BEEN LEASED BY A SELLER OR PLEDGOR TO THE LESSOR OF THE PROPERTY, AND TO PROVIDE A PAWNBROKER IS NOT LIABLE TO THE PLEDGOR OR SELLER OF PROPERTY THAT IS RECOVERED BY A LESSOR FOR RETURNING THE PROPERTY TO A LESSOR; AND TO AMEND SECTION 40-39-150, RELATING TO FINES AND PENALTIES FOR VIOLATIONS, SO AS TO TRANSFER CERTAIN AUTHORITY CONCERNING THESE FINES AND PENALTIES FROM THE ADMINISTRATIVE LAW COURT TO THE DEPARTMENT.

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

H. 4327 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND CHAPTER 71, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPICE PROGRAMS, SO AS TO ADD DEFINITIONS; TO ESTABLISH CERTAIN LICENSING REQUIREMENTS; TO PROVIDE FOR THE REGISTRATION OF MULTIPLE OFFICE LOCATIONS OF LICENSED HOSPICES; TO PROVIDE FOR EXPANSION OF HOSPICE SERVICE AREAS; TO


Printed Page 3504 . . . . . Wednesday, June 1, 2016

REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE APPLICATIONS FOR REGISTRATION OF MULTIPLE OFFICE LOCATIONS AND FOR EXPANSION OF HOSPICE SERVICE AREAS, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.

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

H. 5172 (Word version) -- Reps. Fry, Henegan, Erickson, Long, Funderburk, Bernstein, Allison, Nanney, Robinson-Simpson, Norrell, Tinkler, H.A. Crawford, Cobb-Hunter, Ott, M.S. McLeod, Thayer, Whitmire, Johnson, Felder, Hardee, Goldfinch, Lowe, Jordan, Sandifer, Yow, Hill, Finlay, Gagnon, Jefferson, Williams, Knight, Govan, Rivers, Herbkersman, Bales, Ridgeway, Henderson, Duckworth, Dillard, Huggins, Atwater, Hicks, Gilliard, G.A. Brown, Whipper and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-2110 SO AS TO ENACT THE "SAFE HARBOR FOR EXPLOITED MINORS ACT", TO PROVIDE FOR PROTECTION OF THE IDENTITY OF MINOR VICTIMS OF TRAFFICKING IN PERSONS AND PROVIDE CERTAIN PROTECTIONS TO MINORS CHARGED WITH CERTAIN CRIMES INVOLVING PROSTITUTION AND COERCED INVOLVEMENT IN SUCH CRIMES, AMONG OTHER THINGS.

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

H. 3165 (Word version) -- Reps. Tallon, Cole, Allison, Forrester and G.R. Smith: A BILL TO AMEND SECTIONS 56-5-130 AND 56-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE", SO AS TO PROVIDE THAT MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.

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

H. 3969 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 38 SO AS TO PROVIDE FOR THE ELECTRONIC TRANSMISSION OF ELECTRONIC NOTICES OR DOCUMENTS RELATED TO INSURANCE AND INSURANCE POLICIES UNDER CERTAIN CIRCUMSTANCES EFFECTIVE JANUARY 1, 2016; AND TO REDESIGNATE EXISTING SECTIONS


Printed Page 3505 . . . . . Wednesday, June 1, 2016

IN THE CHAPTER AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".

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

H. 4835 (Word version) -- Reps. Erickson, Johnson, Delleney, Loftis, Finlay, Brannon, M.S. McLeod, Pope, Thayer, Long, Atwater, Knight, McCoy, Henegan, Douglas, Allison, Goldfinch, Gambrell, Newton, Riley, Collins, Clemmons, Duckworth, Funderburk, Gagnon, Henderson, Hicks, D.C. Moss and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "SUPPORTING AND STRENGTHENING FAMILIES ACT" TO ALLOW PARENTS AND PERSONS WITH LEGAL CUSTODY OF A CHILD TO DELEGATE CAREGIVING AUTHORITY FOR THE CHILD TEMPORARILY TO AN ADULT BY EXECUTION OF A POWER OF ATTORNEY, TO PROVIDE FOR THE REQUIREMENTS AND LIMITATIONS OF THE DELEGATION OF CAREGIVING AUTHORITY AND THE RIGHT TO REVOKE THE POWER OF ATTORNEY, AND FOR OTHER PURPOSES; TO AMEND SECTION 63-7-920, AS AMENDED, RELATING TO INVESTIGATIONS OF SUSPECTED CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN INFORMATION ABOUT COMMUNITY SUPPORTIVE SERVICES TO A PARENT WHEN THE INVESTIGATION DOES NOT RESULT IN PLACEMENT OF THE CHILD OUTSIDE OF THE HOME; AND TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF A CHILDCARE FACILITY, SO AS TO EXCLUDE AN ADULT DESIGNATED AS AN ATTORNEY-IN-FACT FOR A CHILD IN A POWER OF ATTORNEY EXECUTED PURSUANT TO ARTICLE 7, CHAPTER 15, TITLE 63.

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

AMENDED AND ADOPTED

H. 5244 (Word version) -- Reps. Alexander and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET (STATE ROAD S-21-1380) FROM ITS INTERSECTION WITH SOUTH CHURCH STREET TO ITS INTERSECTION WITH SOUTH JEFFORDS STREET IN THE CITY OF FLORENCE "EDWARD 'ED' ROBINSON WAY" AND ERECT APPROPRIATE MARKERS OR


Printed Page 3506 . . . . . Wednesday, June 1, 2016

SIGNS ALONG THIS HIGHWAY CONTAINING THIS DESIGNATION.

The Senate proceeded to the consideration of the Resolution.

Senator WILLIAMS proposed the following amendment (5244R001.DR.KMW), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking line 14 and inserting:

/   from its intersection with South Church       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The Resolution was adopted, ordered returned to the House.

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

MOTION ADOPTED

At 7:04 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 THE VETOES.

VETO OVERRIDDEN

(R208, H5011 (Word version)) -- Reps. Clemmons, Fry, Johnson, Duckworth, Hardee, Anderson, Goldfinch, George, Hayes, H.A. Crawford and Ryhal: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE.

The veto of the Governor was taken up for immediate consideration.

Senator RANKIN argued in favor of the veto.

Senator RANKIN moved that the veto of the Governor be overridden.


Printed Page 3507 . . . . . Wednesday, June 1, 2016

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 40; Nays 5

AYES

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

Total--40

NAYS

Bright                    Bryant                    Corbin
Thurmond                  Young

Total--5

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

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

CARRIED OVER

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,


Printed Page 3508 . . . . . Wednesday, June 1, 2016

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 LARRY MARTIN, the Bill was carried over.

NONCONCURRENCE, RECONSIDERED, CONCURRENCE

S. 973 (Word version) -- Senators Cromer and Alexander: A BILL TO AMEND SECTION 38-7-20 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE INSURANCE PREMIUM TAX, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION TO 2027.

The House returned the Bill with amendments, the question being concurrence in the House amendments.

Senator HAYES explained the amendments.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate nonconcurred in the House amendments.

On motion of Senator CAMPSEN, the Senate reconsidered the vote whereby the Senate nonconcurred in the House amendments.

On motion of Senator CAMPSEN, with unanimous consent, 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.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.


Printed Page 3509 . . . . . Wednesday, June 1, 2016

READ THE THIRD TIME
ENROLLED FOR RATIFICATION

H. 3799 (Word version) -- Reps. Hixon, Simrill, Taylor, Loftis, Burns, Brannon, Spires, Yow, Clemmons, Riley, Corley, Collins, Clary, Hosey, Clyburn, King, Hicks, Knight, Bradley, Jefferson, Kirby, Huggins, Duckworth, Kennedy, Hamilton, Hardee, Johnson, Murphy, Felder, Alexander, Atwater, Ballentine, Bedingfield, Bowers, Cobb-Hunter, Daning, Delleney, Dillard, Forrester, Funderburk, Gagnon, Gambrell, Hiott, Howard, Lowe, W.J. McLeod, V.S. Moss, Nanney, Norman, Ott, Pitts, Pope, Ridgeway, Ryhal, G.R. Smith, Tallon, Thayer, Toole, Weeks, Wells, White, Willis, Chumley and Rivers: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO PROVIDE THAT SOUTH CAROLINA SHALL RECOGNIZE CONCEALED WEAPON PERMITS ISSUED BY GEORGIA AND NORTH CAROLINA UNDER CERTAIN CIRCUMSTANCES.

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

Amendment No. P6

Senator KIMPSON proposed the following amendment (GT\3799C022.GT.CM16) which was withdrawn:

Amend the committee report, as and if amended, page [3799-2] by deleting /automatically / on line 5.

Renumber sections to conform.

Amend title to conform.

Senator KIMPSON spoke on the amendment.

ACTING PRESIDENT PRESIDES

Senator CROMER assumed the Chair.

RECESS

At 7:31 P.M., on motion of Senator SETZLER, the Senate receded from business.

At 7:51 P.M., the Senate resumed.

PRESIDENT PRESIDES

At 7:45 P.M., the PRESIDENT assumed the Chair.


Printed Page 3510 . . . . . Wednesday, June 1, 2016

Motion Adopted

On motion of Senator KIMPSON, with unanimous consent, Amendment No. P6 was withdrawn.

Motion Adopted

On motion of Senator LARRY MARTIN, with unanimous consent, the Report of the Committee on Judiciary was withdrawn.

There being no further amendments, the question then was third reading of the Bill.

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

Ayes 35; Nays 3

AYES

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Coleman                   Corbin                    Courson
Cromer                    Davis                     Fair
Gambrell                  Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Leatherman
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, John            McElveen
Peeler                    Reese                     Sabb
Setzler                   Shealy                    Turner
Verdin                    Young

Total--35

NAYS

Allen                     Kimpson                   Scott

Total--3

The Bill having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Motion Adopted

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


Printed Page 3511 . . . . . Wednesday, June 1, 2016

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Letonya T. Simmons, 202 Twilight Place, Simpsonville, SC 29681

Initial Appointment, Greenville County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Laura M. Saunders, 228 Cammer Ave., Greenville, SC 29605

MOTION ADOPTED

On motion of Senators HAYES, PEELER, GREGORY, CROMER and COLEMAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Larry Bigham of Rock Hill, S.C. Larry was a graduate of The Citadel and was a partner at Carolina Brokerage Company. He and his wife Kathy owned Thursdays Too Restaurant. Larry was a member of the Rock Hill School District Three Board, Winthrop University Eagle Club Board, Rock Hill Economic Development Board, and York County Natural Gas Authority Board and was an active member of the Republican Party. Larry was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 8:06 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

***

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