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


Printed Page 3687 . . . . . Wednesday, June 15, 2016

Wednesday, June 15, 2016
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 3:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

The psalmist reminds us to:

"Be strong and take heart, all you who hope in the Lord."

(Psalm 31:24)

Please bow with me as we pray:

Holy God, as this Senate returns this afternoon to continue with the work of our State, we find ourselves praying fervently that these leaders will indeed "be strong and take heart." May their focus, as always, be centered upon doing what must be done for the well-being of our citizens, Lord, and may each Senator and every staff member possess the strength and courage to bring about meaningful and worthwhile results. May it be so, O God, to the benefit of every hopeful South Carolinian. In addition, we continue to embrace in our thoughts and our prayers Senator Vincent Sheheen and his family in the recent death of the senator's father, Fred Roukos Sheheen and everyone who suffers due to the Orlando shootings. All this we pray in Your wondrous name, Lord. Amen.

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

RATIFICATION OF ACTS

Pursuant to S. 1336, the Sine Die Resolution, the following Acts and Joint Resolution were ratified on June 06, 2016, at 1:30 P.M.:

(R292, S. 667 (Word version)) -- Senators Hayes, Williams, L. Martin, Alexander and Peeler: AN ACT TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO CLARIFY THE BOUNDARY BETWEEN NORTH CAROLINA AND SOUTH CAROLINA ALONG HORRY, DILLON, MARLBORO, CHESTERFIELD, LANCASTER, YORK, CHEROKEE, AND SPARTANBURG COUNTIES AND TO


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PROVIDE ADDITIONAL INFORMATION ABOUT THE PLATS DESCRIBING THE LOCATION OF THE BOUNDARY BETWEEN NORTH CAROLINA AND SOUTH CAROLINA ALONG GREENVILLE, PICKENS, AND OCONEE COUNTIES; BY ADDING SECTION 12-2-115 SO AS TO PROVIDE THAT "NEW JOBS" ARE NOT CREATED IN SOUTH CAROLINA BY EMPLOYEES WHOSE WORK LOCATION IS CHANGED FROM NORTH CAROLINA TO SOUTH CAROLINA AS A RESULT OF THE BOUNDARY CLARIFICATION, NOR IS THERE ANY NEW INVESTMENT IN SOUTH CAROLINA AS A RESULT OF PROPERTY THAT CHANGES LOCATION FROM NORTH CAROLINA TO SOUTH CAROLINA AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-2-120 SO AS TO PROVIDE FOR THE MANNER AND APPLICATION OF TAX ASSESSMENTS AND REFUNDS FOR THE PERIOD PRIOR TO THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-2-130 SO AS TO PROVIDE THAT IN THE YEAR CONTAINING THE DATE OF THE BOUNDARY CLARIFICATION, THE DEPARTMENT OF REVENUE HAS THE AUTHORITY TO COMPROMISE TAXES THAT RESULT IN TAXATION IN BOTH SOUTH CAROLINA AND NORTH CAROLINA SOLELY BECAUSE OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-6-5600 SO AS TO PROVIDE FOR THE INCOME TAX TREATMENT OF INDIVIDUALS AND BUSINESSES WHOSE STATE OF RESIDENCE OR PROPERTY LOCATION CHANGES AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-21-820 SO AS TO PROVIDE FOR THE MANNER OF CIGARETTE AND TOBACCO PRODUCTS TAXATION AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-24-160 SO AS TO PROVIDE THAT IF, AS A RESULT OF THE BOUNDARY CLARIFICATION, PROPERTY IS DEEMED TO HAVE CHANGED LOCATIONS FROM NORTH CAROLINA TO SOUTH CAROLINA AND IF SOLELY AS A RESULT OF THIS CHANGE, A DEED IS FILED IN SOUTH CAROLINA, NO DEED RECORDING FEES ARE DUE ON THIS FILING AND NO COUNTY FILING FEES MAY BE CHARGED; BY ADDING SECTION 12-28-350 SO AS TO PROVIDE THAT A RETAILER THAT SELLS MOTOR FUEL WHOSE BUSINESS LOCATION CHANGES FROM SOUTH CAROLINA TO NORTH CAROLINA AS A RESULT OF THE BOUNDARY CLARIFICATION IS ALLOWED A REFUND OF SOUTH CAROLINA MOTOR FUEL TAXES OR USER FEES IF NORTH


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CAROLINA REQUIRES THAT RETAILER TO PAY THE NORTH CAROLINA MOTOR FUEL TAXES OR USER FEES ON THAT SAME FUEL; BY ADDING SECTION 12-36-2695 SO AS TO PROVIDE FOR THE MANNER IN WHICH SALES AND USE TAXES AND ADMISSIONS TAXES MUST BE COLLECTED AND PAID AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-37-140 SO AS TO PROVIDE FOR HOW CERTAIN REAL AND PERSONAL PROPERTY IS SUBJECT TO PROPERTY TAXATION, AND FOR PROCEDURAL MATTERS RELATING TO THIS TAXATION, INCLUDING APPLICATION LIEN DATES; BY ADDING SECTION 12-37-145 SO AS TO FURTHER PROVIDE FOR MOTOR VEHICLE LICENSE REGISTRATION AND MOTOR VEHICLE PERSONAL PROPERTY TAXES AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 12-37-150 SO AS TO PROVIDE THAT IF AS A RESULT OF THE BOUNDARY CLARIFICATION AN INDIVIDUAL IS REQUIRED TO REGISTER HIS PERSONAL MOTOR VEHICLE IN SOUTH CAROLINA AND IF THE PROPERTY TAXES ON THAT MOTOR VEHICLE WOULD HAVE BEEN LESS IN NORTH CAROLINA, THE INDIVIDUAL MAY RECEIVE A TAX REBATE FROM THE SOUTH CAROLINA COUNTY FOR THE DIFFERENCE BETWEEN THE TAX THE INDIVIDUAL WAS REQUIRED TO PAY IN SOUTH CAROLINA AND THE INDIVIDUAL WAS REQUIRED TO PAY IN NORTH CAROLINA ON THAT SAME VEHICLE; BY ADDING SECTION 12-37-155 SO AS TO PROVIDE THAT FOR 2017 ONLY, THE LIEN DATE FOR NONBUSINESS PERSONAL PROPERTY, OTHER THAN MOTOR VEHICLES, IS JANUARY 1, 2017, FOR INDIVIDUALS WHOSE STATE OF RESIDENCY CHANGES FROM NORTH CAROLINA TO SOUTH CAROLINA SOLELY AS A RESULT OF THE BOUNDARY CLARIFICATION; BY ADDING SECTION 29-3-800 SO AS TO PROVIDE SPECIFIED PROCEDURES IN REGARD TO THE FORECLOSURE OF MORTGAGES AND OTHER LIENS ENCUMBERING AFFECTED LANDS; BY ADDING SECTION 30-5-270 SO AS TO PROVIDE FOR SPECIAL RECORDING REQUIREMENTS FOR DEEDS, PLATS, MORTGAGES, AND OTHER INSTRUMENTS REGARDING REAL PROPERTY IN THE AFFECTED JURISDICTIONS, AND TO REQUIRE A NOTICE OF THE STATE BOUNDARY CLARIFICATION TO BE PROVIDED BY THE REGISTER OF DEEDS OR CLERKS OF COURT IN CERTAIN CIRCUMSTANCES; BY ADDING SECTION 44-1-315 SO AS TO PROVIDE A


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COMPLIANCE SCHEDULE FOR ENVIRONMENTAL PERMITTEES IMPACTED BY THE BOUNDARY CLARIFICATION; BY ADDING SECTION 44-6-110 SO AS TO PROVIDE THAT A MEDICAID PROVIDER OUTSIDE OF THE GEOGRAPHICAL BOUNDARY OF SOUTH CAROLINA BUT WITHIN THE SOUTH CAROLINA MEDICAID SERVICE AREA SHALL NOT LOSE STATUS AS A MEDICAID PROVIDER AS A RESULT OF THE CLARIFICATION OF THE SOUTH CAROLINA - NORTH CAROLINA BORDER; BY ADDING CHAPTER 2 TO TITLE 58 SO AS TO PROVIDE FOR THE MANNER IN WHICH UTILITY SERVICES MUST BE PROVIDED IN AREAS AFFECTED BY THE BOUNDARY CLARIFICATION; BY ADDING SECTION 59-63-550 SO AS TO FURTHER PROVIDE FOR SCHOOL ATTENDANCE PROCEDURES AND REQUIREMENTS FOR CHILDREN RESIDING IN SCHOOL DISTRICTS AFFECTED BY THE BOUNDARY CLARIFICATION; AND BY ADDING SECTION 59-112-150 SO AS TO FURTHER PROVIDE FOR IN-STATE TUITION RATES AND THE AWARDING OF OTHER STATE-SUPPORTED SCHOLARSHIPS AND GRANTS TO INDEPENDENT PERSONS AND THEIR DEPENDENTS AFFECTED BY THE BOUNDARY CLARIFICATION.
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(R293, S. 777 (Word version)) -- Senators Malloy and Bennett: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-436 SO AS TO PROVIDE ADDITIONAL AND ALTERNATIVE REQUIREMENTS FOR MATTERS INVOLVING PAYMENT OF BENEFITS FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND TO DEFINE RELEVANT TERMS; TO AMEND SECTION 62-1-201, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO DEFINE THE TERM "VA" AND TO MAKE OTHER TECHNICAL CORRECTIONS; TO AMEND SECTION 62-5-404, RELATING TO THE ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER, SO AS TO REQUIRE THE PETITION TO SHOW THAT THE PERSON TO BE PROTECTED HAS BEEN RATED INCOMPETENT BY THE VA AND TO PROVIDE THAT THE PETITION SHALL STATE THE NAME AND ADDRESS OF THE PERSON TO BE NOTIFIED ON BEHALF OF THE VA; TO AMEND SECTION 62-5-405, AS AMENDED, RELATING TO SERVICE OF SUMMONS AND PETITIONS, NOTICE OF


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HEARING, AND WAIVER OF NOTICE BY THE PERSON TO BE PROTECTED, SO AS TO REQUIRE SERVICE UPON THE VA AND NOTICE OF THE HEARING IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 62-5-407, AS AMENDED, RELATING TO PROCEDURES CONCERNING THE HEARING AND ORDER ON ORIGINAL PETITION, SO AS TO CLARIFY CERTAIN PROVISIONS IN CASES INVOLVING PAYMENT OF BENEFITS FROM THE VA; AND TO REPEAL PART 6, ARTICLE 5, TITLE 62 RELATING TO THE UNIFORM VETERANS' GUARDIANSHIP ACT.
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(R294, S. 778 (Word version)) -- Senator Malloy: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO TITLE 62 SO AS TO ENACT THE "SOUTH CAROLINA UNIFORM POWER OF ATTORNEY ACT"; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE ARTICLE'S REQUIREMENTS AND APPLICABILITY, AND TO PROVIDE EXCEPTIONS; AND TO AMEND PART 5, ARTICLE 5, TITLE 62, RELATING TO POWERS OF ATTORNEY, SO AS TO ENACT THE "SOUTH CAROLINA STATUTORY HEALTH CARE POWER OF ATTORNEY ACT"; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE PART'S REQUIREMENTS AND APPLICABILITY; TO PROVIDE EXECUTION AND WITNESS REQUIREMENTS; AND TO SPECIFY THE PROPER FORM OF A HEALTH CARE POWER OF ATTORNEY.
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(R295, S. 1015 (Word version)) -- Senators Leatherman and Johnson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-165 SO AS TO MAKE UNLAWFUL CERTAIN ACTIONS INVOLVING COUNTERFEIT OR NONFUNCTIONAL AIRBAGS.
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(R296, S. 1065 (Word version)) -- Senators Young, Massey, Setzler and Nicholson: A JOINT RESOLUTION TO CLARIFY THAT SECTION 58-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, DOES NOT APPLY TO A PRIVATE, FOR-PROFIT PIPELINE COMPANY, INCLUDING A PUBLICLY-TRADED FOR-PROFIT COMPANY THAT IS NOT A PUBLIC UTILITY AS DEFINED BY TITLE 58; AND TO CREATE THE PETROLEUM PIPELINE STUDY COMMITTEE TO STUDY


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MATTERS RELATED TO THE PRESENCE OF PETROLEUM PIPELINES IN SOUTH CAROLINA, AND FOR THE STUDY COMMITTEE TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY BY JUNE 30, 2017, AND TO CONTINUE ITS WORK UNTIL DECEMBER 31, 2017, IF THE JUNE REPORT DETERMINES FURTHER WORK IS NEEDED. L:\COUNCIL\ACTS\1065ZW16.DOCX

(R297, 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: AN ACT TO AMEND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME TAX DEDUCTION, SO AS TO REDUCE THE DEDUCTION BY THE DEDUCTION CLAIMED PURSUANT TO SECTION 12-6-1171; BY ADDING SECTION 12-6-1171 SO AS TO PROVIDE AN INCOME TAX DEDUCTION FOR CERTAIN ELIGIBLE TAXPAYERS WITH MILITARY RETIREMENT INCOME THAT IS INCLUDED IN SOUTH CAROLINA TAXABLE INCOME, TO SPECIFY THE AMOUNT OF THE DEDUCTION, AND TO PHASE-IN THE DEDUCTION OVER FIVE YEARS; AND TO AMEND SECTION 12-65-30, RELATING TO THE TEXTILE REVITALIZATION TAX CREDIT, SO AS TO SPECIFY UNUSED CREDIT MAY BE CARRIED FORWARD AT THE INDIVIDUAL, PARTNERSHIP, OR LIMITED LIABILITY COMPANY LEVEL, AND MAY BE PASSED THROUGH AS PROVIDED BY LAW.
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(R298, H. 3440 (Word version)) -- Reps. Crosby, Daning, George and Clemmons: AN ACT TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS AND TO ADD THE TERMS "MOPED", "DAYLIGHT HOURS", AND "VEHICLE" AND THEIR DEFINITIONS; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DELETE THE TERM "ARTICLE" AND REPLACE IT WITH THE TERM "CHAPTER"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RELATES TO THE OPERATION OF


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MOTOR SCOOTERS, LIGHT MOTOR-DRIVEN CYCLES AND MOPEDS, TO PROVIDE THAT A PERMITTEE MUST BE ACCOMPANIED BY A MOTORCYCLE-LICENSED DRIVER WHEN DRIVING A MOTORCYCLE DURING CERTAIN HOURS, TO PROVIDE THE LOCATION THAT AN ACCOMPANYING DRIVER MUST BE POSITIONED, AND TO DELETE AN OBSOLETE PROVISION; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, AND THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-180, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE ADDITIONAL LOCATIONS WHERE A LICENSEE MAY OPERATE A MOTOR VEHICLE, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, AND TO DELETE THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-185, RELATING TO THE REMOVAL OF THE RESTRICTIONS PLACED ON A CONDITIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A BEGINNER'S PERMIT, CONDITIONAL LICENSE, OR SPECIAL RESTRICTED LICENSE MAY NOT BE ISSUED TO A PERSON CONVICTED OF CERTAIN VIOLATIONS OF OPERATING A MOPED WHILE UNDER AGE OR WITHOUT A LICENSE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1710, RELATING TO THE DEFINITION OF THE TERM MOPED, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-1-1720, RELATING TO THE OPERATION OF A MOPED, SO AS TO REVISE THE FORM OF LICENSURE A PERSON MUST POSSESS TO OPERATE A MOPED, TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A MOPED OPERATOR'S LICENSE, TO REVISE THE TIME PERIOD WHEN CERTAIN PERSONS MAY OPERATE A MOPED, TO REVISE THE PENALTIES FOR A VIOLATION OF THIS PROVISION, AND TO DELETE THE PROVISION THAT PROHIBITS THE DEPARTMENT OF MOTOR VEHICLES FROM ISSUING A BEGINNER'S PERMIT OR A SPECIAL RESTRICTED LICENSE TO CERTAIN PERSONS CONVICTED OF A MOPED VIOLATION FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1730, RELATING


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TO THE ELIGIBILITY TO OBTAIN, SUSPENSION OF, AND REVOCATION OF A MOPED OPERATOR'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-2-2740, RELATING TO MOTOR VEHICLE REGISTRATION AND PROPERTY TAXES, SO AS TO PROVIDE FOR THE ISSUANCE OF MOPED VALIDATION DECALS, TO PROVIDE THE COST OF THE DECALS, AND TO PROVIDE THAT THE FEES COLLECTED FOR THE DECALS MUST BE USED TO DEFRAY THE COSTS OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING ARTICLE 3 TO CHAPTER 2, TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION, TITLING, AND LICENSING OF MOPEDS, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE, TO REGULATE THE OPERATION OF A MOPED, AND TO REGULATE THE SALE OF A MOPED; BY ADDING SECTION 56-2-4000 SO AS TO PROVIDE A PENALTY FOR A VIOLATION OF CHAPTER 2, TITLE 56; TO AMEND SECTION 56-3-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-3-200, RELATING TO THE REGISTRATION OF A VEHICLE, SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE IS NOT REQUIRED TO REGISTER A MOPED; TO AMEND SECTION 56-3-250, RELATING TO THE REGISTRATION AND LICENSING OF A MOTOR VEHICLE ONCE ALL LOCAL PROPERTY TAXES ARE PAID, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOPED, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-3-630, AS AMENDED, AND SECTION 56-3-760, RELATING TO VEHICLES, CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES AND THE REGISTRATION FEE FOR CERTAIN VEHICLES, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLE" AND REPLACE IT WITH THE TERM "MOPED", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-5-120 AND 56-5-130, RELATING TO THE TERMS "VEHICLE" AND "MOTOR VEHICLE" AND THEIR DEFINITIONS, SO AS TO DELETE BOTH SECTIONS; TO AMEND SECTION 56-5-140, RELATING TO THE TERM "MOTORCYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-150, RELATING TO THE TERM "MOTOR-DRIVEN CYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-155, RELATING TO THE TERM "MOTORCYCLE THREE-WHEEL VEHICLE" AND ITS


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DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-165, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-361, RELATING TO THE TERM "PASSENGER CAR" AND ITS DEFINITION, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLES" AND ADD THE TERM "MOPEDS"; TO AMEND SECTION 56-5-410, RELATING TO THE TERM "OWNER" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-1550, RELATING TO THE OPERATION OF A MOTOR-DRIVEN CYCLE, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-1555, RELATING TO THE OPERATION OF A MOPED, SO AS TO RAISE THE MAXIMUM SPEED AT WHICH A MOPED MAY BE OPERATED; TO AMEND SECTION 56-4-4450, RELATING TO DISPLAY OF LIGHTS BY A VEHICLE DURING CERTAIN TIMES OF DAY, SO AS TO DELETE AN OBSOLETE PROVISION AND MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS CONTAINED IN THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE AND REVISE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-9-110, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN ACCIDENTS OR JUDGMENTS, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-10-520, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT THIS SECTION APPLIES TO AN OPERATOR OF AN UNINSURED MOPED, WHO IS NOT THE REGISTERED OWNER OF THE MOPED, UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-535, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY AFTER A CONVICTION OF CERTAIN TRAFFIC OFFENSES, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO A REGISTERED OWNER OF A MOPED; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE"; TO AMEND SECTION 56-16-10, RELATING TO TERMS AND THEIR DEFINITIONS


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REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURES, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTORCYCLE" AND REVISE THE TYPE OF VEHICLES REGULATED BY THIS CHAPTER; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-19-220, RELATING TO VEHICLES THAT ARE EXEMPTED FROM THE REQUIREMENT TO OBTAIN A CERTIFICATE OF TITLE, SO AS TO MAKE A TECHNICAL CHANGE AND TO ADD MOPEDS TO THE LIST OF EXEMPTED VEHICLES; TO AMEND SECTION 38-77-30, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DELETE THE TERMS "MOTOR-DRIVEN CYCLES", "MOTOR SCOOTERS", AND "MOPEDS"; TO PROVIDE THAT A PERSON WHO SELLS, SOLICITS, OR ADVERTISES TO SELL CERTAIN MOPEDS PRIOR TO JULY 1, 2017, MUST LABEL THE MOPEDS WITH THEIR SPECIFICATIONS AND PROVIDE A METAL PLATE THAT IDENTIFIES THE VEHICLE, TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE CERTAIN MOPEDS WITHOUT THE METAL IDENTIFICATION PLATE, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION; TO AMEND SECTION 56-5-2941, AS AMENDED, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON WHO VIOLATES CERTAIN PROVISIONS TO HAVE INSTALLED ON CERTAIN VEHICLES AN IGNITION INTERLOCK DEVICE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE ON A MOPED; AND TO REPEAL ARTICLE 3, CHAPTER 5, TITLE 56 RELATING TO MOPED REGULATIONS.
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(R299, H. 3682 (Word version)) -- Reps. Finlay, Bannister, Newton, Cole, Delleney, Weeks, Whipper, Robinson-Simpson and Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 39 SO AS TO ENACT THE "BAD FAITH ASSERTION OF PATENT INFRINGEMENT ACT", TO PROVIDE THAT BAD FAITH ASSERTIONS OF PATENT INFRINGEMENTS ARE PROHIBITED, TO DEFINE TERMS, TO PROVIDE FOR A PRIVATE CAUSE OF ACTION IN STATE COURTS BY A RECIPIENT OF A BAD FAITH ASSERTION TO PATENT INFRINGEMENT, TO PROVIDE THAT ENFORCEMENT ACTIONS MAY BE BROUGHT BY THE ATTORNEY GENERAL AND WILFUL AND KNOWING VIOLATIONS MAY RESULT IN CIVIL PENALTIES OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR EACH VIOLATION, TO PROVIDE FOR THE FACTORS THAT A COURT MAY CONSIDER WHEN MAKING A BAD FAITH DETERMINATION, AND TO PROVIDE EXCEPTIONS.
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(R300, H. 4090 (Word version)) -- Reps. Bedingfield, Sandifer, G.A. Brown, Ballentine and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-55 SO AS TO PROVIDE FOR THE PERIODIC ADJUSTMENT OF CERTAIN MONETARY REQUIREMENTS IN A CERTAIN MANNER, TO PROVIDE THE DEPARTMENT OF CONSUMER AFFAIRS TIMELY SHALL PUBLISH NOTICE OF SUCH CHANGES IN THE STATE REGISTER, TO PROVIDE PEOPLE WHO RELY ON CURRENT PUBLISHED DOLLAR AMOUNTS AT THE TIME TRANSACTIONS OCCUR MAY NOT BE CONSIDERED TO VIOLATE THE PROVISIONS OF CHAPTER 29, TITLE 40 WHEN DOLLAR AMOUNTS SUBSEQUENTLY CHANGE; BY ADDING SECTION 40-29-145 SO AS TO PROVIDE HOLD ORDERS THAT MAY BE PLACED ON PROPERTY IN THE POSSESSION OF PAWNBROKERS WHO SUSPECT THE PROPERTY HAS BEEN MISAPPROPRIATED OR STOLEN, AND TO PROVIDE RELATED REQUIREMENTS CONCERNING REQUIREMENTS AND SPECIFICATIONS OF THESE ORDERS AND PROPERTY ON WHICH HOLD ORDERS ARE PLACED; BY ADDING SECTION 40-29-155 SO AS TO PROVIDE AGGRIEVED PARTIES ARE ENTITLED TO CONTESTED CASE HEARINGS BEFORE THE ADMINISTRATIVE LAW COURT FOR FINAL ADMINISTRATIVE ORDERS, ABSENT WHICH THE DEPARTMENT MAY BRING


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ACTIONS TO ENFORCE ITS ORDERS; 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 CERTIFICATES OF AUTHORITY REQUIRED OF PAWN BROKERS, SO AS TO CLARIFY CHARACTERISTICS THAT NECESSITATE CERTIFICATES OF AUTHORITY, TO REVISE REQUIREMENTS CONCERNING BACKGROUND CHECKS REQUIRED FOR CERTIFICATES OF AUTHORITY, TO PROVIDE PAWNBROKERS SHALL COMPLY WITH THESE REQUIREMENTS BEFORE HIRING EMPLOYEES, TO PROVIDE APPLICANTS FOR EMPLOYMENT SHALL PAY THE ACTUAL COSTS OF THESE BACKGROUND CHECKS, TO PROVIDE FINANCIAL RESPONSIBILITY AND OTHER CRITERIA REQUIRED FOR CERTIFICATES OF AUTHORITY, AND TO PROVIDE A REBUTTABLE PRESUMPTION OF MEETING THESE CRITERIA IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 40-39-30, RELATING TO THE REQUIREMENT OF CERTIFICATE OF AUTHORITY FOR EACH BUSINESS LOCATION OF A PAWNBROKER, SO AS TO PROVIDE PAWNBROKERS MAY NOT RETAIN PLEDGED GOODS IN LOCATIONS NOT DESIGNATED IN HIS CERTIFICATE OF AUTHORITY WITHOUT FIRST PROVIDING CERTAIN NOTICE TO 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 CERTIFICATES OF AUTHORITY, SO AS TO REVISE AND DELETE SOME EXISTING REQUIREMENTS AND TO PROVIDE PAWNBROKERS SHALL PROVIDE CERTAIN NOTICE OF OCCURRENCES THAT MAY AFFECT PLEDGED GOODS WITHIN TWENTY-ONE CALENDAR DAYS AFTER THE OCCURRENCE; TO AMEND SECTION 40-39-70, RELATING TO PAWNBROKER RECORD KEEPING REQUIREMENTS, SO AS TO


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REQUIRE CERTAIN VERIFICATION OF PLEDGORS' OR SELLERS' IDENTITIES, AND TO PROVIDE PAWN AND PURCHASE TRANSACTIONS 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 AND PLEDGING, SO AS TO CHARACTERIZE THE MEMORANDUM OR NOTE AS A "PAWN TICKET" AND TO SATISFY RELATED REQUIREMENTS, AMONG OTHER THINGS; 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 RENEWALS OF A CERTIFICATE OF AUTHORITY, SO AS TO PROVIDE PENALTIES FOR FAILING TO TIMELY RENEW, AND TO PROVIDE REQUIREMENTS FOR PAWN SHOPS THAT MUST CLOSE BECAUSE OF THE SURRENDER OR REVOCATION OF THEIR CERTIFICATE OF AUTHORITY; TO AMEND SECTION 40-39-140, RELATING TO PLEDGED OR PAWNED PROPERTY OWNED BY THIRD PARTIES, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH PAWNBROKERS MUST RETURN SUCH PROPERTY TO THE THIRD PARTIES, TO PROVIDE MONETARY PENALTIES AGAINST PLEDGORS AND SELLERS OF SUCH LEASED PROPERTY, AND TO PROVIDE PAWNBROKERS ARE NOT LIABLE TO SUCH PLEDGORS AND SELLERS FOR SUCH RETURNED PROPERTY; AND TO AMEND SECTION 40-39-150, RELATING TO FINES AND PENALTIES FOR VIOLATIONS, SO AS TO TRANSFER THE AUTHORITY TO ORDER CERTAIN EQUITABLE RELIEF FROM THE ADMINISTRATIVE LAW COURT TO THE DEPARTMENT; AND TO PROVIDE COUNTIES AND MUNICIPALITIES MAY ENACT ORDINANCES THAT COMPLY WITH, BUT THAT ARE NOT MORE RESTRICTIVE THAN, THE PROVISIONS OF THIS ACT, AND TO PROVIDE EXCEPTIONS, AMONG OTHER THINGS.
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Printed Page 3700 . . . . . Wednesday, June 15, 2016

(R301, H. 4262 (Word version)) -- Reps. Erickson, M.S. McLeod, Collins and Long: AN ACT TO AMEND SECTION 63-13-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF FAMILY CHILDCARE HOMES, SO AS TO REQUIRE A FINGERPRINT REVIEW OF CERTAIN PERSONS; TO AMEND SECTION 63-13-825, 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.
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(R302, H. 4327 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND CHAPTER 71, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPICE PROGRAMS, SO AS TO ADD DEFINITIONAL TERMS; TO ESTABLISH CERTAIN REQUIREMENTS FOR HOSPICE LICENSES; TO ESTABLISH A PROCESS FOR THE REGISTRATION OF MULTIPLE OFFICE LOCATIONS OF A PARENT HOSPICE ORGANIZATION AND FOR THE EXPANSION OF A HOSPICE'S OR PARENT HOSPICE ORGANIZATION'S SERVICE AREA; TO CREATE A TASK FORCE TO STUDY ISSUES RELATING TO GEOGRAPHIC LIMITATIONS ON HOSPICES LICENSED IN CERTAIN REGIONS AND TO REQUIRE A REPORT WITH RECOMMENDATIONS; AND FOR OTHER PURPOSES.
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(R303, H. 4387 (Word version)) -- Reps. Bamberg, Henegan, Clyburn, Pitts, Cobb-Hunter and Whipper: AN ACT 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 A LAW ENFORCEMENT OFFICER TO ISSUE A SPECIFIC AMOUNT OR MEET A QUOTA FOR THE NUMBER OF CITATIONS ISSUED, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY,


Printed Page 3701 . . . . . Wednesday, June 15, 2016

DEPARTMENT, OR DIVISION MAY EVALUATE AN OFFICER'S PERFORMANCE BASED THE OFFICER'S POINTS OF CONTACT, TO ESTABLISH THAT AN OFFICER WHO ALLEGES A VIOLATION OF THE PROVISIONS OF THIS SECTION IS PROTECTED BY THE PROVISIONS CONTAINED IN CHAPTER 27 OF TITLE 8, AND TO DEFINE NECESSARY TERMS.
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(R304, H. 4521 (Word version)) -- Reps. Putnam, Burns, Loftis, Felder, Taylor, Whipper and R.L. Brown: AN ACT 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 THAT BEGINNING WITH THE 2016-2017 ACADEMIC YEAR, PUBLIC INSTITUTIONS OF HIGHER LEARNING, EXCLUDING TECHNICAL COLLEGES, SHALL MAINTAIN REPORTS OF ACTUAL FINDINGS OF CERTAIN MISCONDUCT BY MEMBERS OF FRATERNITIES AND SORORITIES FORMALLY ASSOCIATED WITH THE INSTITUTION, TO SPECIFY INFORMATION THAT MUST BE INCLUDED AND MUST BE EXCLUDED, TO PROVIDE REQUIREMENTS FOR UPDATING AND PRESERVING REPORTS, TO PROVIDE INSTITUTIONS SHALL MAKE THE REPORTS AVAILABLE TO THE PUBLIC AND ONLINE, TO PROVIDE MEMBERS OF THE PUBLIC MAY SEEK REDRESS FOR SUSPECTED VIOLATIONS UNDER THE FREEDOM OF INFORMATION ACT; AND TO PROVIDE SPECIFIC REQUIREMENTS FOR THE INITIAL REPORTS EACH INSTITUTION SHALL COMPILE AND MAKE AVAILABLE; AND TO PROVIDE THE ACT EXPIRES THREE YEARS AFTER ITS EFFECTIVE DATE ABSENT FURTHER ACTION BY THE GENERAL ASSEMBLY.
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(R305, H. 4554 (Word version)) -- Reps. Clemmons, Pitts, Duckworth, Rivers, Fry, H.A. Crawford, Goldfinch, Jordan, Lowe, Johnson and Loftis: AN ACT 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


Printed Page 3702 . . . . . Wednesday, June 15, 2016

PROVIDE DEFINITIONS, EXCLUSIONS, PROCEDURES, AND PENALTIES.
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MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, York County Natural Gas Authority, with the term to commence March 1, 2016, and to expire March 1, 2019
Tega Cay:
Ellen M. Weir, 7016 Chelsea Day Lane, Tega Cay, SC 29708

Initial Appointment, Lexington County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Brian N. Buck, Post Office Box 413, Irmo, SC 29063

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
D. Kevin Morrow, 134 Chapel Rd., Union, SC 29379 VICE Jeffery Bailey

Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
David L. Clary, 400 Forest Lane Dr., Gaffney, SC 29340 VICE Ben Taylor

Initial Appointment, Sumter County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Larry Blanding, 1021 Morton Street, Sumter, SC 29150

Privilege of the Chamber

On motion of Senator CLEARY, on behalf of Senator SETZLER, the Privilege of the Chamber, to that area behind the rail, was extended to Ms. Margaret Twomey on the occasion of her 100th birthday.

THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.


Printed Page 3703 . . . . . Wednesday, June 15, 2016

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

Columbia, S.C., June 6, 2016

Mr. President and Senators:

I am vetoing and returning without my approval R.230, S.973:
(R230, S973 (Word version)) -- Senators Cromer and Alexander: AN ACT TO AMEND SECTION 38-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION, TO REQUIRE ONE PERCENT OF PREMIUM TAXES COLLECTED TO BE TRANSFERRED TO THE AID TO FIRE DISTRICTS ACCOUNT WITHIN THE STATE TREASURY, AND TO REQUIRE ONE QUARTER OF ONE PERCENT OF PREMIUM TAXES TO THE AID TO EMERGENCY MEDICAL SERVICES REGIONAL COUNCILS WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Respectfully submitted,
Nikki R. Haley

Received as Information

The veto was taken up for immediate consideration.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
1205 Pendleton Street
Columbia, SC 29201

June 6, 2016

The Honorable Henry D. McMaster
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201


Printed Page 3704 . . . . . Wednesday, June 15, 2016

Dear Mr. President and Members of the Senate,

Today, I am vetoing and returning without my approval R230, S.973 (Word version), a Bill that earmarks 2.25 percent of insurance premium tax receipts for Forestry Commission and other local functions.

This year, as in past years, my FY 2016-17 Executive Budget has supported the Forestry Commission's firefighting efforts with $1.3 million in recommendations for capital replenishment and front line personnel. Additionally, my budget recommended $113,117,380 to meet our legally mandated support for local government functions, including first responders.

I understand that every agency in state and local government would prefer dedicated funding streams for their operations. Unfortunately, dedicating General Fund revenues to specific uses commits us to spending, limiting our ability to react during to revenue downturns and recessions. It further makes the appropriations process less transparent and accountable. The responsible approach to resourcing the core functions of government is to do so annually though the General Appropriations Act.

I will continue to fight for our firefighters and emergency medical professionals, but I believe that we should take a hard look at how we prioritize and fund our essential services each year. I have vetoed this Bill because those decisions should not be on autopilot.

My very best,
Nikki R. Haley

VETO OVERRIDDEN

(R230, S973 (Word version)) -- Senators Cromer and Alexander: AN ACT TO AMEND SECTION 38-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION, TO REQUIRE ONE PERCENT OF PREMIUM TAXES COLLECTED TO BE TRANSFERRED TO THE AID TO FIRE DISTRICTS ACCOUNT WITHIN THE STATE TREASURY, AND TO REQUIRE ONE QUARTER OF ONE PERCENT OF PREMIUM TAXES TO THE AID TO EMERGENCY MEDICAL SERVICES REGIONAL COUNCILS WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.


Printed Page 3705 . . . . . Wednesday, June 15, 2016

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

Senator ALEXANDER spoke on the veto.

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

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

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

Ayes 36; Nays 0

AYES

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

Total--36

NAYS

Total--0

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

Recorded Vote

Senator CORBIN desired to be recorded as voting in favor of overriding the veto.


Printed Page 3706 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.230, S. 973 by a vote of 89 to 0:

(R230, S973 (Word version)) -- Senators Cromer and Alexander: AN ACT TO AMEND SECTION 38-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION, TO REQUIRE ONE PERCENT OF PREMIUM TAXES COLLECTED TO BE TRANSFERRED TO THE AID TO FIRE DISTRICTS ACCOUNT WITHIN THE STATE TREASURY, AND TO REQUIRE ONE QUARTER OF ONE PERCENT OF PREMIUM TAXES TO THE AID TO EMERGENCY MEDICAL SERVICES REGIONAL COUNCILS WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Very respectfully,
Speaker of the House

Received as information.

RETIREMENT RECOGNITION FOR
SENATOR HAYES

S. 1377 (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, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT W. HAYES, JR., FOR HIS DEDICATED SERVICE IN THE SENATE ON BEHALF OF HIS CONSTITUENTS IN YORK COUNTY AND THE CITIZENS OF SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.


Printed Page 3707 . . . . . Wednesday, June 15, 2016

Remarks by Senator HAYES

Mr. PRESIDENT, ladies and gentlemen of the Senate. This isn't a formal speech, but a speech from the heart. We had some great speeches the last time we met from the three Senators who are retiring so I don't really want to get into a lot of details.

In politics, as I've heard it said, there are only three ways to go out: you either quit, you die in office, or you're beat. Well, I didn't quit, and I'm still talking so I didn't die in office. The third one applies to me. I got beat.

You think to yourself, well maybe I should have quit, or maybe it's time to retire... But, it's hard. I know you are all the same way in that you work hard in order to put yourself in a position to serve and help other people, to build seniority for your county. It's hard to give it up. It's hard to know when to quit. But, you can see a smile on my face. Now that the decision is made, I can live with it. I have heard there is life after politics, and I look forward to finding out.

I have a grandchild coming later this month, and I have a son who is practicing law with me now. I look forward for the first time in my life to practice law full-time. That might be a dangerous thing to be a full-time lawyer, but I do look forward to it.

My favorite bible verse is: Let your heart not be troubled, neither let it be afraid. That was actually my father's favorite verse, and I have come to adopt it as my own too. My interpretation of it is that you do what you think is right and let the chips fall. Sometimes the chips fall against you, or whatever, but I believe I have served in a way that I have done what is right.

It has been an honor to serve with you all --to serve an elected body is a special group. It's something that's kind of a fraternity and one that is difficult for others to understand unless they have done it. For one thing, everybody in this room has put their name on a ballot. If you've never done that, I can't explain what it's like. When you put your name on that ballot, if there is more than one name on that ballot, then you know somebody is going to lose. In this case, I lost. However, those of you who do that have my deepest admiration. Because there's nothing tougher than a contested race. This is probably my last contested race. Again, there's nothing tougher than a contested race, for those who are willing to put their names on the line, to basically put themselves on the line, they have my deepest admiration.

The other thing that is really special about this group is that you have to make decisions. You have to make the tough calls where you know that people are going to be disappointed, people are going to be hurt, people are going to be mad, but you have to do it; it comes with the job.


Printed Page 3708 . . . . . Wednesday, June 15, 2016

I admire that. Come next January when you are making those decisions, I'll be thinking about you.

I do admire you greatly for your service. It's been an honor to be with you. You have some of the greatest staff I have ever served with here, and I do appreciate their many kindnesses to me over the years. I ask all of you -- there's a fellow taking my place here next year -- a man who is also named Wes. His name is Wes Climer. It'll make it easy to remember -- same first name, just a different last name. Be kind to him. Be courteous to him. I'm a little biased, but I think he represents a great county, York County.

The other thing I ask of you today is, and it's not because I'm asking for a victory for the Governor...I'm not particularly concerned about that...I'm asking for you to do what's right. I'm asking you to pass ethics reform -- to do what's right. You want to do something for me to send me out on a good note, just pass ethics reform. It's the right thing to do. Thank you.

Senator COURSON made remarks honoring the service of Senator HAYES.

Remarks by Senator COURSON

Mr. PRESIDENT, I have been asked to make some remarks regarding Senator WES HAYES, as I have worked closely with him, perhaps more
than anyone in this Body. A few weeks ago I called him the "Senate's most valuable player." He is probably the most respected member of this Body. I have worked closely with WES on education issues and because of him, this Body has functioned very well on K-12 and higher education issues. When I was elected Chair of the Education Committee in 2004, I decided I would bifurcate the committee. Prior to that we had too many "got you" votes with the democrats putting up "got you" votes and the republicans doing the same. I asked Senator SETZLER, Senator JOHN MATTHEWS and Senator HAYES, if they would be co-chairs of the Senate Education Committee with me. I specifically asked Senator HAYES if he would chair the K-12 standing committee which is basically an autonomous component of the Senate Education Committee. I asked Senator SETZLER, to chair the Higher Education standing committee which again is an autonomous component of the Senate Education Committee. They have done it quite well with great effort, great intellect, and ability to reach across party lines for education in South Carolina.

The Resolution mentioned the United States Military Academy, Airborne, and Eagle Scout. I think what happened in yesterday's primary


Printed Page 3709 . . . . . Wednesday, June 15, 2016

election is a personal disappointment for Senator HAYES. It is a huge, huge loss for the State of South Carolina and a huge loss for the Senate of South Carolina. Most importantly, it is a huge loss for over a million South Carolinians that are involved in education in this State. Senator, thank you very much.

Senator SCOTT made remarks honoring the service of Senator HAYES.

Remarks by Senator SCOTT

Thank you, ladies and gentlemen. About three years ago we created a study committee to take a look at school buses in South Carolina. We wanted to look at the best route to go -- privatizing school buses or continuing to have public school buses. I ended up chairing that committee, both for the private and public industry and we debated that piece of legislation. As a result of that legislation, Senator HAYES and I began a relationship, a real, true, deep relationship. What he did not know was 15 years before that, in the House of Representatives, I was trying as much as I could to begin to buy school buses for the State. We began that process, and I found a friend on the other side of the aisle who had the same sensitivity about how to make our school children safe. I think the first year, after much discussion and back and forth with the budget, we bought about $34 million worth of school buses. Then in the second year, Senator JACKSON began to complain about school buses not having air conditioning. Let me tell you that Senator HAYES said to put air conditioners in them. I said, "Senator HAYES, we can buy a lot less buses." He said, "Put the air conditioners in." That year we spent about $32 million and this year was probably the leanest year we have had with school buses -- some $23 million. What he did not tell you, between that time spent, there have been a lot of other discussion, that involved school buses. I call him the "Quiet Giant." He really knows how to work with people. You have been a fine friend, a fine colleague and a fine gentleman. I'm happy to see -- when you leave this place, know that you leave this place better than you found it. The children of South Carolina are better off because of what you've done in trying to deplete those buses 30 years old and older. Let me say this to you as you leave, I will continue to fight and I don't know who is going to be on that subcommittee or who will be chairman, but it is important. Each year that we fight for those school buses, I'm going to continue to remind y'all it is Senator HAYES, along with myself, who began the work for the children of South Carolina. Thank you so much.


Printed Page 3710 . . . . . Wednesday, June 15, 2016

Senator SETZLER made remarks honoring the service of Senator HAYES.

Remarks by Senator SETZLER

Senator HAYES, I have enjoyed serving with you and probably have served and worked with you as closely as anyone in the Senate. You are an extraordinary individual. Your intellectual capacity, your approach and ways to handle situations and your integrity are all exemplary. You are a man of strong faith and our conversation via text on Monday evening is an example of that. In his text response to me he said, "Nikki, I do not know what is going to happen, but God has a plan for me, and I am at peace with whatever happens."

On behalf of not only the State of South Carolina but also on behalf of our parents, our teachers, and every child in public education, thank you and God Bless You.

Senator LOURIE made remarks honoring the service of Senator HAYES.

Remarks by Senator LOURIE

Thank you Mr. PRESIDENT. First let me apologize because two weeks ago I told you that would be my last trip to the podium. This will be my last trip to the podium. Senator HAYES, I have enjoyed knowing you. While you served in the House, my dad served in the Senate. I have the pleasure to see his family. We sit next to each other now, Senator SETZLER, at the football games.

We have dealt with a lot of issues but I was very concerned and spoke with him a couple of times last week. I am just going to say this and this is not a reflection on anyone in this Chamber but more of a compliment to Senator HAYES. I don't think there is a finer, more honorable person. And again, I mean all 46 of us I hope we can consider honorable, but you talk about a man that just walks with integrity.

I was talking to Senator HEMBREE a few minutes ago and we were talking about sometimes we will try to bluff each other a little bit in this Chamber on an issue here or there. Not WES HAYES. Never WES HAYES. He would look you in the eye and tell you exactly what he was going to do, and he would do exactly what he said. There is a lot about politics that I will never understand, and I have grown up in it. But I can tell you Senator HAYES, you leave an incredible legacy of public service.

I happen to be looking at your bio after they read the Resolution -- Boy Scouts, Red Cross and United Way. I mean this is one of the most


Printed Page 3711 . . . . . Wednesday, June 15, 2016

unselfish human beings that I have ever had the chance to meet, and the pleasure and honor to serve with and that is something that I hold very special.

So, Senator as I said to you earlier and as you mentioned to Senator SETZLER, it's an old adage, but when one door closes, certainly another one opens. I think you will mostly likely find life much more enjoyable next year, and, hopefully, business better and you will have much more time with your family and friends. This State and this Body owes you a debt of gratitude. It has been an honor to serve with you, and for those of you that are interested, I guess after this year there will be 4 seats available right on the 40 yard line in Williams Brice Stadium. Anyway, it has been a pleasure and I wish you and your family the very, very best. You have done well. Thank you.

On motion of Senator SHEHEEN, with unanimous consent, the remarks of Senators HAYES, COURSON, SCOTT, SETZLER and LOURIE were ordered printed in the Journal.

Point of Quorum

At 6:32 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Cleary                    Corbin                    Cromer
Davis                     Fair                      Grooms
Hayes                     Hembree                   Johnson
Kimpson                   Leatherman                Malloy
Martin, Larry             Massey                    Matthews, John
Nicholson                 Peeler                    Sabb
Scott                     Shealy                    Thurmond
Turner                    Verdin                    Williams
Young

A quorum being present, the Senate resumed.


Printed Page 3712 . . . . . Wednesday, June 15, 2016

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

Columbia, S.C., June 6, 2016

Mr. President and Senators:

I am vetoing and returning without my approval R.249, S.1297:
(R249, S1297 (Word version)) -- Senator Sheheen: AN ACT TO AMEND ACT 185 OF 1999, RELATING TO PER DIEM PAYMENTS FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, TO PROVIDE THAT THE BOARD MAY ADJUST THE AMOUNT OF THE PER DIEM PAYMENTS AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ADJUSTED RATES.
Respectfully submitted,
Nikki R. Haley

Received as information.

The veto was taken up for immediate consideration.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
1205 Pendleton Street
Columbia, SC 29201

June 6, 2016

The Honorable Henry D. McMaster
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate,

I am vetoing and returning without my signature R249, S.1297 (Word version), a Bill that unconstitutionally sets forth how the members of the Chesterfield County School District Board receive per diem.

Our state's Constitution prohibits special laws from being enacted where a general law is applicable. In this case, a longstanding statute authorizes school boards to set their own per diem pursuant to Section 59-1-350 of the South Carolina Code of Laws. Because the General Assembly has already passed a statewide law declaring how school


Printed Page 3713 . . . . . Wednesday, June 15, 2016

boards set per diem, this Bill is unconstitutional special legislation in violation of Section 34, Article III.

In the past, I have signed a Bill that simply restated a school board's existing statutory authority to set per diem, but this Bill goes beyond --this Bill actually limits the school board's authority by postponing the effective date for when a new per diem amount is authorized. If it is important enough that adjusted per diem amounts are delayed for all school boards, then the General Assembly should amend the general statute rather than passing unconstitutional special legislation for a single school board.

Every member of the General Assembly is expected to vote on all legislation, including local Bills. Members who fail to vote are supporting the violation of our Constitution, which we have all sworn to uphold. Therefore, I ask that you protect the provisions of our State Constitution that prohibit special legislation and sustain my veto.

My very best,

Nikki R. Haley

VETO OVERRIDDEN

(R249, S1297 (Word version)) -- Senator Sheheen: AN ACT TO AMEND ACT 185 OF 1999, RELATING TO PER DIEM PAYMENTS FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, TO PROVIDE THAT THE BOARD MAY ADJUST THE AMOUNT OF THE PER DIEM PAYMENTS AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ADJUSTED RATES.

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

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 34; Nays 3

AYES

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Cleary
Courson                   Cromer                    Davis
Gambrell                  Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy


Printed Page 3714 . . . . . Wednesday, June 15, 2016

Martin, Larry             Matthews, Margie          McElveen
Nicholson                 Peeler                    Scott
Setzler                   Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--34

NAYS

Bright                    Campsen                   Corbin

Total--3

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.249, S. 1297 by a vote of 72 to 0:

(R249, S1297 (Word version)) -- Senator Sheheen: AN ACT TO AMEND ACT 185 OF 1999, RELATING TO PER DIEM PAYMENTS FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, TO PROVIDE THAT THE BOARD MAY ADJUST THE AMOUNT OF THE PER DIEM PAYMENTS AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ADJUSTED RATES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.302, H. 4327 by a vote of 55 to 41:

(R302, H4327 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND CHAPTER 71, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 3715 . . . . . Wednesday, June 15, 2016

1976, RELATING TO HOSPICE PROGRAMS, SO AS TO ADD DEFINITIONAL TERMS; TO ESTABLISH CERTAIN REQUIREMENTS FOR HOSPICE LICENSES; TO ESTABLISH A PROCESS FOR THE REGISTRATION OF MULTIPLE OFFICE LOCATIONS OF A PARENT HOSPICE ORGANIZATION AND FOR THE EXPANSION OF A HOSPICE'S OR PARENT HOSPICE ORGANIZATION'S SERVICE AREA; TO CREATE A TASK FORCE TO STUDY ISSUES RELATING TO GEOGRAPHIC LIMITATIONS ON HOSPICES LICENSED IN CERTAIN REGIONS AND TO REQUIRE A REPORT WITH RECOMMENDATIONS; AND FOR OTHER PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it reconsidered the vote whereby the House sustained the Governor's veto on H. 4327 and sustained the veto by a vote of 17 to 84:

(R302, H4327 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND CHAPTER 71, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPICE PROGRAMS, SO AS TO ADD DEFINITIONAL TERMS; TO ESTABLISH CERTAIN REQUIREMENTS FOR HOSPICE LICENSES; TO ESTABLISH A PROCESS FOR THE REGISTRATION OF MULTIPLE OFFICE LOCATIONS OF A PARENT HOSPICE ORGANIZATION AND FOR THE EXPANSION OF A HOSPICE'S OR PARENT HOSPICE ORGANIZATION'S SERVICE AREA; TO CREATE A TASK FORCE TO STUDY ISSUES RELATING TO GEOGRAPHIC LIMITATIONS ON HOSPICES LICENSED IN CERTAIN REGIONS AND TO REQUIRE A REPORT WITH RECOMMENDATIONS; AND FOR OTHER PURPOSES.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3716 . . . . . Wednesday, June 15, 2016

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

Columbia, S.C., June 8, 2016

Mr. President and Senators:

I am vetoing and returning without my approval R.231, S.980:
(R231, S980 (Word version)) -- Senators Sheheen and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-69-300 SO AS TO PROVIDE ALL ANIMAL SHELTERS THAT PROVIDE VETERINARY SERVICES IN THIS STATE ARE SUBJECT TO SUPERVISION AND REGULATION BY THE BOARD OF VETERINARY MEDICAL EXAMINERS, TO REQUIRE ANIMAL SHELTERS AND VETERINARIANS WHO PROVIDE VETERINARY SERVICES IN ANIMAL SHELTERS TO MAINTAIN AND REPORT CERTAIN DATA TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO REQUIRE THE DEPARTMENT MAKE THESE REPORTS AVAILABLE ON ITS INTERNET WEBSITE, TO PROVIDE THE RANGE OF VETERINARY SERVICES ALLOWED IN ANIMAL SHELTERS, TO PROVIDE CERTAIN RECORD-KEEPING REQUIREMENTS, AND TO PROVIDE NECESSARY DEFINITIONS; BY ADDING SECTION 40-69-305 SO AS TO PROHIBIT DISPENSING PRESCRIPTION DRUGS TO OWNERS OF END-USERS FOR THE TREATMENT OF BODILY INJURIES OR DISEASES OF ANIMALS IN SPECIFIC CIRCUMSTANCES AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-69-295, RELATING TO MOBILE VETERINARY FACILITIES, SO AS TO REQUIRE THESE FACILITIES MUST IDENTIFY THE CLOSEST LOCAL EMERGENCY VETERINARY SERVICES FACILITY AND COMMUNICATE IT IN A CERTAIN MANNER, TO PROHIBIT THE OPERATION OF MOBILE VETERINARY FACILITIES WITHIN SPECIFIC DISTANCES OF PRIVATELY OWNED VETERINARY PRACTICES, AND TO DEFINE NECESSARY TERMS; TO AMEND SECTION 56-3-9600, AS AMENDED, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES AND A RELATED FUND ESTABLISHED TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING EFFORTS, SO AS TO PROVIDE FOR THE OPERATION OF A RELATED GRANTS PROGRAM BY THE SOUTH CAROLINA ANIMAL CARE AND CONTROL ASSOCIATION OR ITS SUCCESSOR, TO REQUIRE THE DEPARTMENT OF


Printed Page 3717 . . . . . Wednesday, June 15, 2016

AGRICULTURE SHALL PROVIDE AN ANNUAL ACCOUNTING AND SUMMARY OF THIS PROGRAM TO THE GENERAL ASSEMBLY, AND TO PROVIDE LOCAL NONPROFIT SPAYING AND NEUTERING PROGRAMS MUST PROVIDE CERTAIN INFORMATION TO THE ASSOCIATION BEFORE THEY MAY RECEIVE REIMBURSEMENTS FOR SERVICES FROM THE FUND, AND TO PROVIDE THE ASSOCIATION SHALL PROVIDE THE DEPARTMENT WITH CERTAIN INFORMATION ABOUT THE NUMBER OF INDIVIDUALS WHO BRING IN ANIMALS FOR SPAYING OR NEUTERING AND THE NUMBER OF ANIMALS BROUGHT IN BY EACH OF THESE INDIVIDUALS; AND TO CREATE THE PET CARE AND HUMANE TREATMENT STUDY COMMITTEE, AND TO PROVIDE THE PURPOSES, DUTIES, COMPOSITION, AND REPORTING REQUIREMENTS OF THE COMMITTEE.
Respectfully submitted,
Nikki R. Haley

Received as information.

The veto was taken up for immediate consideration.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
1205 Pendleton Street
Columbia, SC 29201

June 8, 2016
The Honorable Henry D. McMaster
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate,

Today, I am vetoing and returning without my approval, R231, S.0980 (Word version), a Bill that would prohibit a nonprofit mobile veterinary practice from operating within "eyesight" of a privately owned veterinarian practice. I am vetoing this Bill because it places an unnecessary restriction on low-cost and convenient animal-care options offered to pet owners.

South Carolina is a State that encourages homeless pet adoption, and this Bill makes some attempts to clarify practice standards for


Printed Page 3718 . . . . . Wednesday, June 15, 2016

individuals working in animal shelters and standardize medication labeling. It is unfortunate, then that pro-veterinary groups tacked this arbitrary and obstructionist provision onto an otherwise inoffensive Bill. Allowing it to become law would be an undue economic protection measure for private veterinarians and a disservice to homeless pets and would-be pet owners.

I am aware this Bill contains some reforms that are admirable, but while this occupational protection provision remains in the Bill, I cannot support it. I urge you to support my veto of this Bill and the South Carolinians that dedicate their time and resources to responsible pet ownership.
My very best,
Nikki R. Haley

VETO OVERRIDDEN

(R231, S980 (Word version)) -- Senators Sheheen and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-69-300 SO AS TO PROVIDE ALL ANIMAL SHELTERS THAT PROVIDE VETERINARY SERVICES IN THIS STATE ARE SUBJECT TO SUPERVISION AND REGULATION BY THE BOARD OF VETERINARY MEDICAL EXAMINERS, TO REQUIRE ANIMAL SHELTERS AND VETERINARIANS WHO PROVIDE VETERINARY SERVICES IN ANIMAL SHELTERS TO MAINTAIN AND REPORT CERTAIN DATA TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO REQUIRE THE DEPARTMENT MAKE THESE REPORTS AVAILABLE ON ITS INTERNET WEBSITE, TO PROVIDE THE RANGE OF VETERINARY SERVICES ALLOWED IN ANIMAL SHELTERS, TO PROVIDE CERTAIN RECORD-KEEPING REQUIREMENTS, AND TO PROVIDE NECESSARY DEFINITIONS; BY ADDING SECTION 40-69-305 SO AS TO PROHIBIT DISPENSING PRESCRIPTION DRUGS TO OWNERS OF END-USERS FOR THE TREATMENT OF BODILY INJURIES OR DISEASES OF ANIMALS IN SPECIFIC CIRCUMSTANCES AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-69-295, RELATING TO MOBILE VETERINARY FACILITIES, SO AS TO REQUIRE THESE FACILITIES MUST IDENTIFY THE CLOSEST LOCAL EMERGENCY VETERINARY SERVICES FACILITY AND COMMUNICATE IT IN A CERTAIN MANNER, TO PROHIBIT THE OPERATION OF MOBILE VETERINARY FACILITIES WITHIN SPECIFIC DISTANCES OF PRIVATELY OWNED VETERINARY PRACTICES, AND TO


Printed Page 3719 . . . . . Wednesday, June 15, 2016

DEFINE NECESSARY TERMS; TO AMEND SECTION 56-3-9600, AS AMENDED, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES AND A RELATED FUND ESTABLISHED TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING EFFORTS, SO AS TO PROVIDE FOR THE OPERATION OF A RELATED GRANTS PROGRAM BY THE SOUTH CAROLINA ANIMAL CARE AND CONTROL ASSOCIATION OR ITS SUCCESSOR, TO REQUIRE THE DEPARTMENT OF AGRICULTURE SHALL PROVIDE AN ANNUAL ACCOUNTING AND SUMMARY OF THIS PROGRAM TO THE GENERAL ASSEMBLY, AND TO PROVIDE LOCAL NONPROFIT SPAYING AND NEUTERING PROGRAMS MUST PROVIDE CERTAIN INFORMATION TO THE ASSOCIATION BEFORE THEY MAY RECEIVE REIMBURSEMENTS FOR SERVICES FROM THE FUND, AND TO PROVIDE THE ASSOCIATION SHALL PROVIDE THE DEPARTMENT WITH CERTAIN INFORMATION ABOUT THE NUMBER OF INDIVIDUALS WHO BRING IN ANIMALS FOR SPAYING OR NEUTERING AND THE NUMBER OF ANIMALS BROUGHT IN BY EACH OF THESE INDIVIDUALS; AND TO CREATE THE PET CARE AND HUMANE TREATMENT STUDY COMMITTEE, AND TO PROVIDE THE PURPOSES, DUTIES, COMPOSITION, AND REPORTING REQUIREMENTS OF THE COMMITTEE.

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

Senator VERDIN spoke on the veto.

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

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

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

Ayes 37; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Courson                   Cromer                    Davis
Gambrell                  Gregory                   Grooms
Hayes                     Hembree                   Hutto


Printed Page 3720 . . . . . Wednesday, June 15, 2016

Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Bright                    Bryant                    Corbin
Fair

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.231, S. 980 by a vote of 92 to 3:

(R231, S980 (Word version)) -- Senators Sheheen and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-69-300 SO AS TO PROVIDE ALL ANIMAL SHELTERS THAT PROVIDE VETERINARY SERVICES IN THIS STATE ARE SUBJECT TO SUPERVISION AND REGULATION BY THE BOARD OF VETERINARY MEDICAL EXAMINERS, TO REQUIRE ANIMAL SHELTERS AND VETERINARIANS WHO PROVIDE VETERINARY SERVICES IN ANIMAL SHELTERS TO MAINTAIN AND REPORT CERTAIN DATA TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO REQUIRE THE DEPARTMENT MAKE THESE REPORTS AVAILABLE ON ITS INTERNET WEBSITE, TO PROVIDE THE RANGE OF VETERINARY SERVICES ALLOWED IN ANIMAL SHELTERS, TO PROVIDE CERTAIN RECORD-KEEPING


Printed Page 3721 . . . . . Wednesday, June 15, 2016

REQUIREMENTS, AND TO PROVIDE NECESSARY DEFINITIONS; BY ADDING SECTION 40-69-305 SO AS TO PROHIBIT DISPENSING PRESCRIPTION DRUGS TO OWNERS OF END-USERS FOR THE TREATMENT OF BODILY INJURIES OR DISEASES OF ANIMALS IN SPECIFIC CIRCUMSTANCES AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-69-295, RELATING TO MOBILE VETERINARY FACILITIES, SO AS TO REQUIRE THESE FACILITIES MUST IDENTIFY THE CLOSEST LOCAL EMERGENCY VETERINARY SERVICES FACILITY AND COMMUNICATE IT IN A CERTAIN MANNER, TO PROHIBIT THE OPERATION OF MOBILE VETERINARY FACILITIES WITHIN SPECIFIC DISTANCES OF PRIVATELY OWNED VETERINARY PRACTICES, AND TO DEFINE NECESSARY TERMS; TO AMEND SECTION 56-3-9600, AS AMENDED, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES AND A RELATED FUND ESTABLISHED TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING EFFORTS, SO AS TO PROVIDE FOR THE OPERATION OF A RELATED GRANTS PROGRAM BY THE SOUTH CAROLINA ANIMAL CARE AND CONTROL ASSOCIATION OR ITS SUCCESSOR, TO REQUIRE THE DEPARTMENT OF AGRICULTURE SHALL PROVIDE AN ANNUAL ACCOUNTING AND SUMMARY OF THIS PROGRAM TO THE GENERAL ASSEMBLY, AND TO PROVIDE LOCAL NONPROFIT SPAYING AND NEUTERING PROGRAMS MUST PROVIDE CERTAIN INFORMATION TO THE ASSOCIATION BEFORE THEY MAY RECEIVE REIMBURSEMENTS FOR SERVICES FROM THE FUND, AND TO PROVIDE THE ASSOCIATION SHALL PROVIDE THE DEPARTMENT WITH CERTAIN INFORMATION ABOUT THE NUMBER OF INDIVIDUALS WHO BRING IN ANIMALS FOR SPAYING OR NEUTERING AND THE NUMBER OF ANIMALS BROUGHT IN BY EACH OF THESE INDIVIDUALS; AND TO CREATE THE PET CARE AND HUMANE TREATMENT STUDY COMMITTEE, AND TO PROVIDE THE PURPOSES, DUTIES, COMPOSITION, AND REPORTING REQUIREMENTS OF THE COMMITTEE.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3722 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.268, H.4762 by a vote of 95 to 3:

(R268, H4762 (Word version)) -- Reps. Anthony, Yow and W.J. McLeod: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES AND EXCEPTIONS TO THIS LIMITATION, SO AS TO REVISE THE EXCEPTION TO THIS LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT AND OTHER EXPENDITURES IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAVING AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND BY CHANGING THE TERM "STATE FOREST LAND" IN THIS EXCEPTION TO THE TERM "STATE OR NATIONAL FOREST LAND".
Very respectfully,
Speaker of the House

Received as information.

OVERRIDDEN

(R268, H4762 (Word version)) -- Reps. Anthony, Yow and W.J. McLeod: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES AND EXCEPTIONS TO THIS LIMITATION, SO AS TO REVISE THE EXCEPTION TO THIS LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT AND OTHER EXPENDITURES IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAVING AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND BY CHANGING THE TERM "STATE FOREST LAND" IN THIS EXCEPTION TO THE TERM "STATE OR NATIONAL FOREST LAND".

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

Senator HAYES spoke on the veto.


Printed Page 3723 . . . . . Wednesday, June 15, 2016

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

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

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

Ayes 33; Nays 7

AYES

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Campsen
Cleary                    Courson                   Cromer
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Matthews, Margie
McElveen                  Nicholson                 Peeler
Scott                     Setzler                   Sheheen
Turner                    Verdin                    Williams

Total--33

NAYS

Bright                    Corbin                    Davis
Massey                    Shealy                    Thurmond
Young

Total--7

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.287, H. 5270 by a vote of 105 to 3:


Printed Page 3724 . . . . . Wednesday, June 15, 2016

(R287, H5270 (Word version)) -- Reps. Tallon, Bernstein and Pope: AN ACT TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR STATE EMPLOYEES' ASSOCIATION DUES, SO AS TO ALLOW MEMBERSHIP DUES FOR THE SOCIETY OF FORMER AGENTS OF THE STATE LAW ENFORCEMENT DIVISION TO BE DEDUCTED FROM THE COMPENSATION OF STATE RETIREES AND PAID OVER TO THE ASSOCIATION IN THE SAME MANNER OTHER MEMBERSHIP DUES ARE DEDUCTED AND PAID.
Very respectfully,
Speaker of the House

Received as information.

OVERRIDDEN

(R287, H5270 (Word version)) -- Reps. Tallon, Bernstein and Pope: AN ACT TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR STATE EMPLOYEES' ASSOCIATION DUES, SO AS TO ALLOW MEMBERSHIP DUES FOR THE SOCIETY OF FORMER AGENTS OF THE STATE LAW ENFORCEMENT DIVISION TO BE DEDUCTED FROM THE COMPENSATION OF STATE RETIREES AND PAID OVER TO THE ASSOCIATION IN THE SAME MANNER OTHER MEMBERSHIP DUES ARE DEDUCTED AND PAID.

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

Senator CROMER spoke on the veto.

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

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

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

Ayes 29; Nays 10

AYES

Alexander                 Allen                     Campbell
Cleary                    Courson                   Cromer
Fair                      Gambrell                  Gregory


Printed Page 3725 . . . . . Wednesday, June 15, 2016

Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--29

NAYS

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Davis
Massey                    Shealy                    Thurmond
Young

Total--10

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.298, H. 3440 by a vote of 65 to 47:

(R298, H3440 (Word version)) -- Reps. Crosby, Daning, George and Clemmons: AN ACT TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS AND TO ADD THE TERMS "MOPED", "DAYLIGHT HOURS", AND "VEHICLE" AND THEIR DEFINITIONS; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DELETE THE TERM "ARTICLE" AND REPLACE IT WITH THE TERM "CHAPTER"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RELATES TO THE OPERATION OF


Printed Page 3726 . . . . . Wednesday, June 15, 2016

MOTOR SCOOTERS, LIGHT MOTOR-DRIVEN CYCLES AND MOPEDS, TO PROVIDE THAT A PERMITTEE MUST BE ACCOMPANIED BY A MOTORCYCLE-LICENSED DRIVER WHEN DRIVING A MOTORCYCLE DURING CERTAIN HOURS, TO PROVIDE THE LOCATION THAT AN ACCOMPANYING DRIVER MUST BE POSITIONED, AND TO DELETE AN OBSOLETE PROVISION; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, AND THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-180, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE ADDITIONAL LOCATIONS WHERE A LICENSEE MAY OPERATE A MOTOR VEHICLE, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, AND TO DELETE THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-185, RELATING TO THE REMOVAL OF THE RESTRICTIONS PLACED ON A CONDITIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A BEGINNER'S PERMIT, CONDITIONAL LICENSE, OR SPECIAL RESTRICTED LICENSE MAY NOT BE ISSUED TO A PERSON CONVICTED OF CERTAIN VIOLATIONS OF OPERATING A MOPED WHILE UNDER AGE OR WITHOUT A LICENSE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1710, RELATING TO THE DEFINITION OF THE TERM MOPED, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-1-1720, RELATING TO THE OPERATION OF A MOPED, SO AS TO REVISE THE FORM OF LICENSURE A PERSON MUST POSSESS TO OPERATE A MOPED, TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A MOPED OPERATOR'S LICENSE, TO REVISE THE TIME PERIOD WHEN CERTAIN PERSONS MAY OPERATE A MOPED, TO REVISE THE PENALTIES FOR A VIOLATION OF THIS PROVISION, AND TO DELETE THE PROVISION THAT PROHIBITS THE DEPARTMENT OF MOTOR VEHICLES FROM ISSUING A BEGINNER'S PERMIT OR A SPECIAL RESTRICTED LICENSE TO CERTAIN PERSONS CONVICTED OF A MOPED VIOLATION FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1730, RELATING


Printed Page 3727 . . . . . Wednesday, June 15, 2016

TO THE ELIGIBILITY TO OBTAIN, SUSPENSION OF, AND REVOCATION OF A MOPED OPERATOR'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-2-2740, RELATING TO MOTOR VEHICLE REGISTRATION AND PROPERTY TAXES, SO AS TO PROVIDE FOR THE ISSUANCE OF MOPED VALIDATION DECALS, TO PROVIDE THE COST OF THE DECALS, AND TO PROVIDE THAT THE FEES COLLECTED FOR THE DECALS MUST BE USED TO DEFRAY THE COSTS OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING ARTICLE 3 TO CHAPTER 2, TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION, TITLING, AND LICENSING OF MOPEDS, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE, TO REGULATE THE OPERATION OF A MOPED, AND TO REGULATE THE SALE OF A MOPED; BY ADDING SECTION 56-2-4000 SO AS TO PROVIDE A PENALTY FOR A VIOLATION OF CHAPTER 2, TITLE 56; TO AMEND SECTION 56-3-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-3-200, RELATING TO THE REGISTRATION OF A VEHICLE, SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE IS NOT REQUIRED TO REGISTER A MOPED; TO AMEND SECTION 56-3-250, RELATING TO THE REGISTRATION AND LICENSING OF A MOTOR VEHICLE ONCE ALL LOCAL PROPERTY TAXES ARE PAID, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOPED, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-3-630, AS AMENDED, AND SECTION 56-3-760, RELATING TO VEHICLES, CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES AND THE REGISTRATION FEE FOR CERTAIN VEHICLES, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLE" AND REPLACE IT WITH THE TERM "MOPED", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-5-120 AND 56-5-130, RELATING TO THE TERMS "VEHICLE" AND "MOTOR VEHICLE" AND THEIR DEFINITIONS, SO AS TO DELETE BOTH SECTIONS; TO AMEND SECTION 56-5-140, RELATING TO THE TERM "MOTORCYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-150, RELATING TO THE TERM "MOTOR-DRIVEN CYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-155, RELATING TO THE TERM "MOTORCYCLE THREE-WHEEL VEHICLE" AND ITS


Printed Page 3728 . . . . . Wednesday, June 15, 2016

DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-165, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-361, RELATING TO THE TERM "PASSENGER CAR" AND ITS DEFINITION, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLES" AND ADD THE TERM "MOPEDS"; TO AMEND SECTION 56-5-410, RELATING TO THE TERM "OWNER" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-1550, RELATING TO THE OPERATION OF A MOTOR-DRIVEN CYCLE, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-1555, RELATING TO THE OPERATION OF A MOPED, SO AS TO RAISE THE MAXIMUM SPEED AT WHICH A MOPED MAY BE OPERATED; TO AMEND SECTION 56-4-4450, RELATING TO DISPLAY OF LIGHTS BY A VEHICLE DURING CERTAIN TIMES OF DAY, SO AS TO DELETE AN OBSOLETE PROVISION AND MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS CONTAINED IN THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE AND REVISE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-9-110, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN ACCIDENTS OR JUDGMENTS, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-10-520, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT THIS SECTION APPLIES TO AN OPERATOR OF AN UNINSURED MOPED, WHO IS NOT THE REGISTERED OWNER OF THE MOPED, UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-535, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY AFTER A CONVICTION OF CERTAIN TRAFFIC OFFENSES, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO A REGISTERED OWNER OF A MOPED; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE"; TO AMEND SECTION 56-16-10, RELATING TO TERMS AND THEIR DEFINITIONS


Printed Page 3729 . . . . . Wednesday, June 15, 2016

REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURES, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTORCYCLE" AND REVISE THE TYPE OF VEHICLES REGULATED BY THIS CHAPTER; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-19-220, RELATING TO VEHICLES THAT ARE EXEMPTED FROM THE REQUIREMENT TO OBTAIN A CERTIFICATE OF TITLE, SO AS TO MAKE A TECHNICAL CHANGE AND TO ADD MOPEDS TO THE LIST OF EXEMPTED VEHICLES; TO AMEND SECTION 38-77-30, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DELETE THE TERMS "MOTOR-DRIVEN CYCLES", "MOTOR SCOOTERS", AND "MOPEDS"; TO PROVIDE THAT A PERSON WHO SELLS, SOLICITS, OR ADVERTISES TO SELL CERTAIN MOPEDS PRIOR TO JULY 1, 2017, MUST LABEL THE MOPEDS WITH THEIR SPECIFICATIONS AND PROVIDE A METAL PLATE THAT IDENTIFIES THE VEHICLE, TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE CERTAIN MOPEDS WITHOUT THE METAL IDENTIFICATION PLATE, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION; TO AMEND SECTION 56-5-2941, AS AMENDED, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON WHO VIOLATES CERTAIN PROVISIONS TO HAVE INSTALLED ON CERTAIN VEHICLES AN IGNITION INTERLOCK DEVICE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE ON A MOPED; AND TO REPEAL ARTICLE 3, CHAPTER 5, TITLE 56 RELATING TO MOPED REGULATIONS.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3730 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 1 by the Governor on R275, H. 5001 by a vote of 0 to 103:

R275, H. 5001--GENERAL APPROPRIATIONS ACT
Veto 1       Part 1B, Page 329, Section 19, South Carolina State University - Proviso 19.1, SCSU: Loan Funds

Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 2 by the Governor on R275, H. 5001 by a vote of 0 to 102:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 2     Part 18, Page 330, Section 19, South Carolina State University - Proviso 19.3, SCSU: State Fiscal Accountability Authority Loan Funds
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 3 by the Governor on R275, H. 5001 by a vote of 0 to 105:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 3       Part 18, Page 442, Section 109, Department of Revenue - Proviso 109.14, DOR: Redevelopment Fees
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3731 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 4 by the Governor on R275, H. 5001 by a vote of 0 to 103:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 4       Part 18, Page 492, Section 117, General Provisions - Proviso 117.149, GP: Unused Textile Credits
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 5 by the Governor on R275, H. 5001 by a vote of 0 to 104:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 5       Part 18, Page 495, Section 118, Statewide Revenue   -Proviso 118.14, SR: Motor Vehicle Sales Tax Revenue
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 6 by the Governor on R275, H. 5001 by a vote of 0 to 102:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 6       Part lB, Page 286, Section 1, Department of Education- Proviso 1.87, SDE: Moving Cost Study
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3732 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 7 by the Governor on R275, H. 5001 by a vote of 0 to 108:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 7       Part lB, Page 422, Section 93, Department of Administration - Proviso 93.33, DOA: Confederate Relic Room Relocation Analysis
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 8 by the Governor on R275, H. 5001 by a vote of 0 to 104:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 8       Part lB, Page 372, Section 49, Department of Parks, Recreation and Tourism - Proviso 49.15, PRT: Welcome Center Complex Mowing
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 9 by the Governor on R275, H. 5001 by a vote of 109 to 1:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 9       Part 1B, Page 372, Section 49, Department of Parks, Recreation and Tourism - Proviso 49.16, PRT: Beach Access
Respectfully submitted,


Printed Page 3733 . . . . . Wednesday, June 15, 2016

Speaker of the House

Received as information.

VETO 9 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 9       Part 1B, Page 372, Section 49, Department of Parks, Recreation and Tourism - Proviso 49.16, PRT: Beach Access

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

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 16; Nays 17

AYES

Alexander                 Allen                     Bennett
Campbell                  Gambrell                  Hayes
Hembree                   Johnson                   Kimpson
Leatherman                Malloy                    Matthews, John
Nicholson                 Sabb                      Scott
Williams

Total--16

NAYS

Bright                    Bryant                    Campsen
Cleary                    Corbin                    Courson
Cromer                    Davis                     Fair
Grooms                    Martin, Larry             Massey
Peeler                    Shealy                    Turner
Verdin                    Young

Total--17

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.


Printed Page 3734 . . . . . Wednesday, June 15, 2016

Having voted on the prevailing side, Senator CLEARY moved to reconsider the vote whereby Veto 9 was sustained.

On motion of Senator CLEARY, the vote whereby Veto 9 was sustained was reconsidered.

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 29; Nays 10

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Gambrell
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Massey
Matthews, Margie          McElveen                  Nicholson
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Turner                    Williams

Total--29

NAYS

Bright                    Corbin                    Cromer
Davis                     Fair                      Gregory
Grooms                    Peeler                    Verdin
Young

Total--10

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


Printed Page 3735 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 10 by the Governor on R275, H. 5001 by a vote of 0 to 107:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 10     Part 1B, Page 344, Section 33, Department of Health and   Human Services Proviso 33.29, DHHS: Notice of Proposed Rate Reductions, Fee Increases, Policy Decisions
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 11 by the Governor on R275, H. 5001 by a vote of 96 to 14:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 11     Part 18, Page 370, Section 47, Department of Natural Resources - Proviso 47.10, DNR: Predator Control Program
Respectfully submitted,
Speaker of the House

Received as information.

VETO 11 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 11     Part 18, Page 370, Section 47, Department of Natural Resources - Proviso 47.10, DNR: Predator Control Program

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

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


Printed Page 3736 . . . . . Wednesday, June 15, 2016

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

Ayes 13; Nays 20

AYES

Allen                     Corbin                    Gambrell
Hembree                   Johnson                   Kimpson
Leatherman                Malloy                    Matthews, John
Nicholson                 Sabb                      Scott
Williams

Total--13

NAYS

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Cleary                    Courson                   Cromer
Davis                     Fair                      Grooms
Hayes                     Martin, Larry             Massey
Peeler                    Shealy                    Turner
Verdin                    Young

Total--20

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Having voted on the prevailing side, Senator CROMER moved to reconsider the vote whereby Veto 11 was sustained.

On motion of Senator CROMER, the vote whereby Veto 11 was sustained was reconsidered.

Senator McELVEEN spoke on the veto.

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


Printed Page 3737 . . . . . Wednesday, June 15, 2016

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

Ayes 35; Nays 4

AYES

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

Total--35

NAYS

Bright                    Peeler                    Setzler
Sheheen

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 12 by the Governor on R275, H. 5001 by a vote of 77 to 26:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 12     Part 18, Page 277, Section 1, Department of Education Proviso 1.56, SDE: Lee County Bus Shop
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3738 . . . . . Wednesday, June 15, 2016

VETO 12 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 12     Part 18, Page 277, Section 1, Department of Education Proviso 1.56, SDE: Lee County Bus Shop

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

Senator MALLOY spoke on the veto.

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

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

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

Ayes 14; Nays 20

AYES

Alexander                 Allen                     Coleman
Gambrell                  Hayes                     Johnson
Kimpson                   Leatherman                Malloy
Matthews, John            Nicholson                 Sabb
Scott                     Williams

Total--14

NAYS

Bennett                   Bright                    Bryant
Campbell                  Campsen                   Cleary
Corbin                    Courson                   Cromer
Davis                     Fair                      Grooms
Hembree                   Martin, Larry             Massey
Peeler                    Shealy                    Turner
Verdin                    Young

Total--20

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.


Printed Page 3739 . . . . . Wednesday, June 15, 2016

Having voted on the prevailing side, Senator CLEARY moved to reconsider the vote whereby Veto 12 was sustained.

On motion of Senator CLEARY, the vote whereby Veto 12 was sustained was reconsidered.

Senator McELVEEN spoke on the veto.

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

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

Ayes 29; Nays 11

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Cromer
Gambrell                  Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Verdin
Williams                  Young

Total--29

NAYS

Bennett                   Bright                    Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Massey
Peeler                    Turner

Total--11

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


Printed Page 3740 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 13 by the Governor on R275, H. 5001 by a vote of 82 to 28:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 13     Part 1B, Page 496, Section 118, Statewide Revenue - Proviso 118.16(8), Item 7, State Library, Colleton County Bookmobile: $200,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 13 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 13     Part 1B, Page 496, Section 118, Statewide Revenue - Proviso 118.16(8), Item 7, State Library, Colleton County Bookmobile: $200,000

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

Senator M.B. MATTHEWS spoke on the veto.

Senator M.B. MATTHEWS moved that the veto of the Governor be overridden.

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

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

Ayes 35; Nays 7

AYES

Alexander                 Allen                     Bennett
Campsen                   Cleary                    Coleman
Courson                   Cromer                    Davis
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie


Printed Page 3741 . . . . . Wednesday, June 15, 2016

McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Verdin                    Williams

Total--35

NAYS

Bright                    Bryant                    Campbell
Corbin                    Massey                    Turner
Young

Total--7

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

Message from the House

Columbia, S.C., June 15, 2016
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 14 by the Governor on R275, H. 5001 by a vote of 94 to 19:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 14     Part 1B, Page 500, Section 118, Statewide Revenue - Proviso 118.16, Item 39(h),   Department   of Parks, Recreation   and   Tourism,   Sumter Environmental Center: $300,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 14 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 14     Part 1B, Page 500, Section 118, Statewide Revenue -
Proviso 118.16, Item 39(h), Department of Parks,
Recreation and Tourism, Sumter Environmental
Center: $300,000

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


Printed Page 3742 . . . . . Wednesday, June 15, 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 20; Nays 15

AYES

Alexander                 Allen                     Campbell
Campsen                   Cleary                    Coleman
Cromer                    Gambrell                  Hayes
Hembree                   Johnson                   Kimpson
Leatherman                Malloy                    Matthews, John
Nicholson                 Sabb                      Scott
Setzler                   Williams

Total--20

NAYS

Bennett                   Bright                    Bryant
Corbin                    Courson                   Davis
Fair                      Grooms                    Martin, Larry
Massey                    Peeler                    Shealy
Turner                    Verdin                    Young

Total--15

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Having voted on the prevailing side, Senator DAVIS moved to reconsider the vote whereby Veto 14 was sustained.

On motion of Senator DAVIS, the vote whereby Veto 14 was sustained was reconsidered.

Senator JOHNSON spoke on the veto.

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


Printed Page 3743 . . . . . Wednesday, June 15, 2016

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

Ayes 28; Nays 12

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Courson
Cromer                    Gambrell                  Gregory
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Rankin                    Sabb                      Setzler
Sheheen                   Turner                    Verdin
Williams

Total--28

NAYS

Bennett                   Bright                    Bryant
Corbin                    Davis                     Fair
Grooms                    Martin, Larry             Massey
Peeler                    Shealy                    Young

Total--12

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 15 by the Governor on R275, H. 5001 by a vote of 83 to 21:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 15     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item l0(d), Commission on Higher Education, Greenwood Promise Scholarship Program: $50,000
Respectfully submitted,


Printed Page 3744 . . . . . Wednesday, June 15, 2016

Speaker of the House

Received as information.

VETO 15 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 15     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item l0(d), Commission on Higher Education, Greenwood Promise Scholarship Program: $50,000

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

Senator NICHOLSON spoke on the veto.

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

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

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

Ayes 31; Nays 5

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Courson
Cromer                    Davis                     Fair
Gambrell                  Hayes                     Hembree
Johnson                   Kimpson                   Leatherman
Malloy                    Martin, Larry             Matthews, John
Matthews, Margie          Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Turner                    Verdin                    Williams
Young

Total--31


Printed Page 3745 . . . . . Wednesday, June 15, 2016

NAYS

Bright                    Bryant                    Corbin
Grooms                    Massey

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.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 16 by the Governor on R275, H. 5001 by a vote of 89 to 21:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 16     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 25(h), Department of Health and Environmental Control, Air Quality Improvements: $300,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 16 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 16     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 25(h), Department of Health and Environmental Control, Air Quality Improvements: $300,000

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

Senator ALEXANDER spoke on the veto.

Senator MALLOY spoke on the veto.

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


Printed Page 3746 . . . . . Wednesday, June 15, 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 26; Nays 11; Abstain 1

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Cromer
Fair                      Gambrell                  Hayes
Hembree                   Johnson                   Kimpson
Leatherman                Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          Nicholson
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--26

NAYS

Bennett                   Bright                    Bryant
Corbin                    Courson                   Davis
Grooms                    Massey                    Peeler
Shealy                    Young

Total--11

ABSTAIN

Campsen

Total--1

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


Printed Page 3747 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 17 by the Governor on R275, H. 5001 by a vote of 87 to 17:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 17     Part 18, Page 501, Section 118, Statewide Revenue - Proviso 118.16(8), Item 41, Department of Labor, Licensing and Regulation, Fire Suppression: $25,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 17 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 17     Part 18, Page 501, Section 118, Statewide Revenue - Proviso 118.16(8), Item 41, Department of Labor, Licensing and Regulation, Fire Suppression: $25,000

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

Senator COLEMAN spoke on the veto.

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

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

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

Ayes 30; Nays 11

AYES

Alexander                 Allen                     Campbell
Campsen                   Cleary                    Coleman
Courson                   Cromer                    Davis
Gambrell                  Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie


Printed Page 3748 . . . . . Wednesday, June 15, 2016

McElveen                  Nicholson                 Peeler
Sabb                      Scott                     Setzler
Sheheen                   Verdin                    Williams

Total--30

NAYS

Bennett                   Bright                    Bryant
Corbin                    Fair                      Gregory
Grooms                    Massey                    Shealy
Turner                    Young

Total--11

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 18 by the Governor on R275, H. 5001 by a vote of 98 to 12:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 18     Part 18, Page 502, Section 118, Statewide Revenue - Proviso 118.16(8), Item 50(d), Division of Aeronautics, Airline Recruitment and Retention: $150,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 18 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 18     Part 18, Page 502, Section 118, Statewide Revenue - Proviso 118.16(8), Item 50(d), Division of Aeronautics, Airline Recruitment and Retention: $150,000

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


Printed Page 3749 . . . . . Wednesday, June 15, 2016

Senator CAMPBELL spoke on the veto.

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

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

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

Ayes 33; Nays 8

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Cromer
Gambrell                  Grooms                    Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Massey                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Turner                    Verdin                    Williams

Total--33

NAYS

Bright                    Bryant                    Corbin
Davis                     Fair                      Gregory
Martin, Larry             Young

Total--8

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


Printed Page 3750 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 19 by the Governor on R275, H. 5001 by a vote of 86 to 24:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 19     Part 18, Page 496, Section 118, Statewide Revenue - Proviso 118.16(8), Item 6(b), Department of Archives and   History, Architectural Heritage Preservation: $2,300,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 19 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 19     Part 18, Page 496, Section 118, Statewide Revenue - Proviso 118.16(8), Item 6(b), Department of Archives and   History, Architectural Heritage Preservation: $2,300,000

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

Senator HAYES spoke on the veto.

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

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

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

Ayes 37; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Courson                   Cromer
Davis                     Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson


Printed Page 3751 . . . . . Wednesday, June 15, 2016

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

Total--37

NAYS

Bright                    Bryant                    Corbin
Fair

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 20 by the Governor on R275, H. 5001 by a vote of 94 to 13:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 20     Part 18, Page 499, Section 118, Statewide Revenue Proviso 118.16(8), Item 27(c), Department of Social Services, After School and Summer Reading Programs: $500,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 20 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 20     Part 18, Page 499, Section 118, Statewide Revenue Proviso 118.16(8), Item 27(c), Department of Social Services, After School and Summer Reading Programs: $500,000


Printed Page 3752 . . . . . Wednesday, June 15, 2016

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

Senator ALEXANDER spoke on the veto.

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

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

Ayes 29; Nays 12

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Courson
Cromer                    Fair                      Gambrell
Hayes                     Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--29

NAYS

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Davis
Gregory                   Grooms                    Hembree
Massey                    Shealy                    Young

Total--12

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


Printed Page 3753 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 21 by the Governor on R275, H. 5001 by a vote of 94 to 15:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 21     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 38(i), Department of Natural Resources, Outreach Education: $1,600,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 21 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 21     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 38(i), Department of Natural Resources, Outreach Education: $1,600,000

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

Senator SETZLER spoke on the veto.

Senator CAMPSEN spoke on the veto.

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

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

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

Ayes 35; Nays 5

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Courson                   Cromer                    Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    Matthews, John


Printed Page 3754 . . . . . Wednesday, June 15, 2016

Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Verdin                    Williams

Total--35

NAYS

Bright                    Davis                     Fair
Gregory                   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.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 22 by the Governor on R275, H. 5001 by a vote of 89 to 18:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 22     Part 18, Page 499, Section 118, Statewide Revenue Proviso 118.16(8), Item 29(i), Department of Commerce, Economic Development: $100,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 22 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 22     Part 18, Page 499, Section 118, Statewide Revenue- Proviso 118.16(8), Item 29(i), Department of Commerce, Economic Development: $100,000

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


Printed Page 3755 . . . . . Wednesday, June 15, 2016

Senator SETZLER spoke on the veto.

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

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

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

Ayes 25; Nays 17

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Cromer
Gambrell                  Hayes                     Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Rankin                    Sabb
Scott                     Setzler                   Sheheen
Williams

Total--25

NAYS

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Courson
Davis                     Fair                      Gregory
Grooms                    Hembree                   Massey
Peeler                    Shealy                    Turner
Verdin                    Young

Total--17

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Having voted on the prevailing side, Senator COURSON moved to reconsider the vote whereby Veto 22 was sustained.

On motion of Senator COURSON, the vote whereby Veto 22 was sustained was reconsidered.


Printed Page 3756 . . . . . Wednesday, June 15, 2016

Senator LOURIE spoke on the veto.

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

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

Ayes 28; Nays 13

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Coleman
Courson                   Cromer                    Gambrell
Gregory                   Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Rankin                    Sabb
Scott                     Setzler                   Sheheen
Williams

Total--28

NAYS

Bright                    Bryant                    Campsen
Corbin                    Davis                     Fair
Grooms                    Martin, Larry             Massey
Peeler                    Turner                    Verdin
Young

Total--13

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 23 by the Governor on R275, H. 5001 by a vote of 84 to 16:


Printed Page 3757 . . . . . Wednesday, June 15, 2016

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 23     Part 18, Page 499, Section 118, Statewide Revenue Proviso 118.16(8), Item 29(h), Department of Commerce, Community Development Corporations: $100,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 23 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 23     Part 18, Page 499, Section 118, Statewide Revenue Proviso 118.16(8), Item 29(h), Department of Commerce, Community Development Corporations: $100,000

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 33; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Courson                   Cromer                    Gambrell
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams

Total--33


Printed Page 3758 . . . . . Wednesday, June 15, 2016

NAYS

Bright                    Davis                     Fair
Gregory                   Grooms                    Massey
Young

Total--7

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 24 by the Governor on R275, H. 5001 by a vote of 65 to 40:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 24     Part 18, Page 501, Section 118, Statewide Revenue - Proviso 118.16(8), Item 49, Human Affairs Commission, Community Relations Councils: $75,000
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 25 by the Governor on R275, H. 5001 by a vote of 103 to 7:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 25     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 24(d), Department of Health and   Human Services, Osprey Village: $200,000
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3759 . . . . . Wednesday, June 15, 2016

VETO 25 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 25     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 24(d), Department of Health and Human Services, Osprey Village: $200,000

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

Senator DAVIS spoke on the veto.

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

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

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

Ayes 37; Nays 3

AYES

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

Total--37

NAYS

Bright                    Bryant                    Grooms

Total--3

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


Printed Page 3760 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 26 by the Governor on R275, H. 5001 by a vote of 96 to 12:
R275, H. 5001--GENERAL APPROPRIATIONS ACT
Veto 26     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item 14.1, Coastal Carolina University (Football Stadium Expansion)
Respectfully submitted,
Speaker of the House

Received as information.

VETO 26 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 26     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item 14.1, Coastal Carolina University (Football Stadium Expansion)

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

Senator CLEARY spoke on the veto.

Senator HEMBREE spoke on the veto.

Senator CAMPSEN spoke on the veto.

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

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

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

Ayes 25; Nays 14

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Coleman
Cromer                    Gambrell                  Gregory
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Malloy


Printed Page 3761 . . . . . Wednesday, June 15, 2016

Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Shealy
Williams

Total--25

NAYS

Bright                    Bryant                    Campsen
Corbin                    Courson                   Davis
Grooms                    Lourie                    Martin, Larry
Massey                    Setzler                   Turner
Verdin                    Young

Total--14

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Having voted on the prevailing side, Senator LOURIE moved to reconsider the vote whereby Veto 26 was sustained.

On motion of Senator LOURIE, the vote whereby Veto 26 was sustained was reconsidered.

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 27; Nays 13

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Coleman
Cromer                    Fair                      Gambrell
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Matthews, John
Matthews, Margie          McElveen                  Nicholson


Printed Page 3762 . . . . . Wednesday, June 15, 2016

Peeler                    Rankin                    Sabb
Scott                     Shealy                    Williams

Total--27

NAYS

Bright                    Bryant                    Campsen
Corbin                    Courson                   Davis
Gregory                   Grooms                    Martin, Larry
Massey                    Setzler                   Turner
Young

Total--13

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 27 by the Governor on R275, H. 5001 by a vote of 77 to 16:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 27     Part 1B, Page 497, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 14(c), Coastal   Carolina University, Brooks Stadium   Engineering: $100,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 27 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 27     Part 1B, Page 497, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 14(c), Coastal   Carolina University, Brooks Stadium   Engineering: $100,000


Printed Page 3763 . . . . . Wednesday, June 15, 2016

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

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 27; Nays 13

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Coleman
Cromer                    Fair                      Gambrell
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb
Scott                     Shealy                    Williams

Total--27

NAYS

Bright                    Bryant                    Campsen
Corbin                    Courson                   Davis
Gregory                   Grooms                    Martin, Larry
Massey                    Setzler                   Turner
Young

Total--13

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


Printed Page 3764 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 28 by the Governor on R275, H. 5001 by a vote of 9 to 95:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 28     Part 1B, Page 405, Section 83, Department of Employment and Workforce Proviso 83.5, DEW: SUTA Contingency Assessment Funds
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 29 by the Governor on R275, H. 5001 by a vote of 93 to 12:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 29     Part 18, Page 502, Section 118, Statewide Revenue - Proviso 118.16(8), Item 50(b), Division of Aeronautics, State Aviation Fund: $7,000,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 29 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 29     Part 18, Page 502, Section 118, Statewide Revenue - Proviso 118.16(8), Item 50(b), Division of Aeronautics, State Aviation Fund: $7,000,000

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

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


Printed Page 3765 . . . . . Wednesday, June 15, 2016

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

Ayes 31; Nays 11

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Cromer                    Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Sheheen                   Turner                    Verdin
Williams

Total--31

NAYS

Bright                    Bryant                    Corbin
Courson                   Davis                     Fair
Gregory                   Martin, Larry             Massey
Shealy                    Young

Total--11

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 30 by the Governor on R275, H. 5001 by a vote of 99 to 3:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 30     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 38(g), Department of Natural Resources, Upper Coastal Waterfowl Project Maintenance and Repair: $1,600,000


Printed Page 3766 . . . . . Wednesday, June 15, 2016

Respectfully submitted,
Speaker of the House

Received as information.

VETO 30 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 30     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 38(g), Department of Natural Resources, Upper Coastal Waterfowl Project Maintenance and Repair: $1,600,000

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

Senator SETZLER spoke on the veto.

Senator CAMPSEN spoke on the veto.

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

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

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

Ayes 34; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Corbin                    Cromer
Davis                     Fair                      Gambrell
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Malloy
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Rankin                    Sabb
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams

Total--34


Printed Page 3767 . . . . . Wednesday, June 15, 2016

NAYS

Bright                    Bryant                    Courson
Martin, Larry             Massey                    Peeler
Young

Total--7

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained Veto 31 by the Governor on R275, H. 5001 by a vote of 36 to 60:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 31     Part IB, Page 355-56, Section 34, Department of Health and Environmental Control - Proviso 34.56, DHEC: Indoor Aquatic and Community Center Match Requirement
Respectfully submitted,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 32 by the Governor on R275, H. 5001 by a vote of 73 to 30:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 32     Part IB, Page 501, Section liS, Statewide Revenue-   Proviso ll8.16(B), Item 46(c), Department of   Administration, State Human Resources,   Leadership South Carolina: $150,000

Respectfully submitted,

Speaker of the House

Received as information.


Printed Page 3768 . . . . . Wednesday, June 15, 2016

VETO 32 SUSTAINED, RECONSIDERED
AND OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 32     Part IB, Page 501, Section liS, Statewide Revenue-   Proviso ll8.16(B), Item 46(c), Department of   Administration, State Human Resources,   Leadership South Carolina: $150,000

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

Senator NICHOLSON spoke on the veto.

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

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

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

Ayes 25; Nays 14

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Gambrell
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Rankin
Sabb                      Scott                     Setzler
Sheheen                   Turner                    Verdin
Williams

Total--25

NAYS

Bennett                   Bright                    Campsen
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Massey                    Peeler
Shealy                    Young

Total--14


Printed Page 3769 . . . . . Wednesday, June 15, 2016

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Veto 32 was sustained.

On motion of Senator PEELER, the vote whereby Veto 32 was sustained was reconsidered.

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 31; Nays 9

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Courson
Cromer                    Gambrell                  Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams

Total--31

NAYS

Bennett                   Bright                    Campsen
Corbin                    Davis                     Fair
Gregory                   Grooms                    Young

Total--9

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


Printed Page 3770 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 33 by the Governor on R275, H. 5001 by a vote of 73 to 26:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 33     Part IB, Page 496, Section 118, Statewide Revenue - Proviso 118.16(B), Item 8, Arts Commission, SC Artisans Center: $500,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 33 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 33     Part IB, Page 496, Section 118, Statewide Revenue - Proviso 118.16(B), Item 8, Arts Commission, SC Artisans Center: $500,000

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

Senator HAYES spoke on the veto.

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

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

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

Ayes 27; Nays 11

AYES

Alexander                 Allen                     Campbell
Campsen                   Cleary                    Coleman
Courson                   Cromer                    Gambrell
Grooms                    Hayes                     Hutto
Johnson                   Kimpson                   Leatherman
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Rankin


Printed Page 3771 . . . . . Wednesday, June 15, 2016

Sabb                      Scott                     Setzler
Sheheen                   Verdin                    Williams

Total--27

NAYS

Bennett                   Bright                    Corbin
Davis                     Fair                      Gregory
Hembree                   Peeler                    Shealy
Turner                    Young

Total--11

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 34 by the Governor on R275, H. 5001 by a vote of 86 to 16:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 34     Part IB, Page 500, Section 118, Statewide Revenue - Proviso 118.16(B), Item 39(f), Department of Parks, Recreation and Tourism, Sports Development Marketing Program: $3,000,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 34 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 34     Part IB, Page 500, Section 118, Statewide Revenue - Proviso 118.16(B), Item 39(f), Department of Parks, Recreation and Tourism, Sports Development Marketing Program: $3,000,000

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


Printed Page 3772 . . . . . Wednesday, June 15, 2016

Senator SETZLER spoke on the veto.

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

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

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

Ayes 27; Nays 12

AYES

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Cromer
Davis                     Gambrell                  Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Matthews, John            McElveen
Nicholson                 Peeler                    Sabb
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Williams

Total--27

NAYS

Bennett                   Bright                    Campsen
Corbin                    Courson                   Fair
Gregory                   Grooms                    Martin, Larry
Massey                    Verdin                    Young

Total--12

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 35 by the Governor on R275, H. 5001 by a vote of 100 to 2:


Printed Page 3773 . . . . . Wednesday, June 15, 2016

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 35     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(k), Department of Parks, Recreation and Tourism, Parks and Recreation Development Fund: $5,000,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 35 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 35     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(k), Department of Parks, Recreation and Tourism, Parks and Recreation Development Fund: $5,000,000

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 35; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Corbin                    Cromer                    Fair
Gambrell                  Gregory                   Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Matthews, John
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Sabb
Scott                     Setzler                   Shealy


Printed Page 3774 . . . . . Wednesday, June 15, 2016

Sheheen                   Turner                    Verdin
Williams                  Young

Total--35

NAYS

Bright                    Courson                   Davis
Grooms

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 36 by the Governor on R275, H. 5001 by a vote of 81 to 22:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 36     Part 18, Page 496, Section 118, Statewide   Revenue- Proviso 118.16(8), Item 6(c),   Department of Archives and History, Driving   Tours Historic African American Sites: $100,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 36 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 36     Part 18, Page 496, Section 118, Statewide   Revenue- Proviso 118.16(8), Item 6(c),   Department of Archives and History, Driving   Tours Historic African American Sites: $100,000

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

Senator SHEHEEN spoke on the veto.


Printed Page 3775 . . . . . Wednesday, June 15, 2016

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

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

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

Ayes 34; Nays 5

AYES

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

Total--34

NAYS

Bright                    Corbin                    Grooms
Massey                    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.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 37 by the Governor on R275, H. 5001 by a vote of 86 to 15:


Printed Page 3776 . . . . . Wednesday, June 15, 2016

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 37     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 29(c), Department of Commerce, IT-oLogy Coursepower: $400,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 37 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 37     Part 18, Page 499, Section 118, Statewide Revenue - Proviso 118.16(8), Item 29(c), Department of Commerce, IT-oLogy Coursepower: $400,000

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 34; Nays 4

AYES

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

Total--34


Printed Page 3777 . . . . . Wednesday, June 15, 2016

NAYS

Bright                    Corbin                    Davis
Young

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 38 by the Governor on R275, H. 5001 by a vote of 82 to 21:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 38     Part 18, Page 497, Section 118, Statewide   Revenue - Proviso 118.16, Item 13(b), University   of   Charleston, Gibbs Museum of Art: $350,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 38 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 38     Part 18, Page 497, Section 118, Statewide   Revenue - Proviso 118.16, Item 13(b), University   of   Charleston, Gibbs Museum of Art: $350,000

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

Senator SHEHEEN spoke on the veto.

Senator SHEHEEN moved that the veto of the Governor be sustained.

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


Printed Page 3778 . . . . . Wednesday, June 15, 2016

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

Ayes 32; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Courson
Cromer                    Fair                      Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Corbin                    Davis
Gregory                   Massey                    Shealy
Young

Total--7

Having failed to receive the necessary two-thirds vote, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 39 by the Governor on R275, H. 5001 by a vote of 97 to 9:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 39       Part 18, Page 501, Section 118, Statewide Revenue -   Proviso 118.16(8), Item 47(g), Office of Adjutant   General, SC   Military Museum: $380,000
Respectfully submitted,
Speaker of the House


Printed Page 3779 . . . . . Wednesday, June 15, 2016

Received as information.

VETO 39 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 39     Part 18, Page 501, Section 118, Statewide Revenue - Proviso 118.16(8), Item 47(g), Office of Adjutant General, SC   Military Museum: $380,000

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

Senator SHEHEEN spoke on the veto.

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

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

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

Ayes 32; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Courson
Cromer                    Fair                      Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Corbin                    Davis
Gregory                   Massey                    Shealy
Young

Total--7


Printed Page 3780 . . . . . Wednesday, June 15, 2016

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 40 by the Governor on R275, H. 5001 by a vote of 104 to 2:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 40     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(g), Department of Parks, Recreation and Tourism, Medal of Honor Museum: $3,000,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 40 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 40     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(g), Department of Parks, Recreation and Tourism, Medal of Honor Museum: $3,000,000

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

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 32; Nays 6; Abstain 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Courson                   Cromer
Fair                      Gambrell                  Grooms
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry


Printed Page 3781 . . . . . Wednesday, June 15, 2016

Massey                    Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Corbin                    Davis
Gregory                   Shealy                    Young

Total--6

ABSTAIN

Campsen

Total--1

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 41 by the Governor on R. 275, H. 5001 by a vote of 100 to 2:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 41       Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(j), Department of Parks, Recreation and Tourism, Children's Museum of the Upstate: $1,000,000
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3782 . . . . . Wednesday, June 15, 2016

VETO 41 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 41     Part 18, Page 500, Section 118, Statewide Revenue - Proviso 118.16(8), Item 39(j), Department of Parks, Recreation and Tourism, Children's Museum of the Upstate: $1,000,000

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

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 32; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Courson
Cromer                    Fair                      Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Corbin                    Davis
Gregory                   Massey                    Shealy
Young

Total--7

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


Printed Page 3783 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 42 by the Governor on R275, H. 5001 by a vote of 88 to 18:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 42     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item 9(b), State Museum Commission, Collections and Content: $5,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 42 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 42     Part 18, Page 497, Section 118, Statewide Revenue - Proviso 118.16(8), Item 9(b), State Museum Commission, Collections and Content: $5,000

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

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 32; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Courson
Cromer                    Fair                      Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott


Printed Page 3784 . . . . . Wednesday, June 15, 2016

Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Corbin                    Davis
Gregory                   Massey                    Shealy
Young

Total--7

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 43 by the Governor on R. 275, H. 5001 by a vote of 84 to 21:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 43     Part 1A, Page 497, Section 118, Statewide Revenue - Proviso 118.16, Item 9(b), State Museum Commission, Collections and Content: $5,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 43 CARRIED OVER
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 43     Part 1A, Page 497, Section 118, Statewide Revenue - Proviso 118.16, Item 9(b), State Museum Commission, Collections and Content: $5,000

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

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


Printed Page 3785 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 44 by the Governor on R275, H. 5001 by a vote of 92 to 14:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 44     Part 1A, Page 143, Section 50, Department of Commerce, Item II.B, Programs and Services, Small Business/Existing Industry - Council on Competitiveness: $250,000 Total Funds; $250,000 General Funds
Respectfully submitted,
Speaker of the House

Received as information.

VETO 44 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 44     Part 1A, Page 143, Section 50, Department of Commerce, Item II.B, Programs and Services, Small Business/Existing Industry - Council on Competitiveness: $250,000 Total Funds; $250,000 General Funds

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

Senator SETZLER spoke on the veto.

Senator CAMPBELL spoke on the veto.

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

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

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

Ayes 33; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Courson                   Cromer
Fair                      Gambrell                  Hayes


Printed Page 3786 . . . . . Wednesday, June 15, 2016

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

Total--33

NAYS

Bright                    Davis                     Gregory
Grooms

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 45 by the Governor on R275, H. 5001 by a vote of 97 to 8:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 45     Part 1A, Page 143, Section 50, Department of Commerce, Item II.B, Programs and Services, Small Business/Existing Industry - SC Small Business Development Centers: $100,000 Total Funds; $100,000 General Funds
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3787 . . . . . Wednesday, June 15, 2016

VETO 45 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 45     Part 1A, Page 143, Section 50, Department of Commerce, Item II.B, Programs and Services, Small Business/Existing Industry - SC Small Business Development Centers: $100,000 Total Funds; $100,000 General Funds

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 31; Nays 8

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Cromer                    Gambrell                  Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Lourie
Malloy                    Martin, Larry             Massey
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Turner
Williams

Total--31

NAYS

Bright                    Courson                   Davis
Fair                      Gregory                   Grooms
Verdin                    Young

Total--8


Printed Page 3788 . . . . . Wednesday, June 15, 2016

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 46 by the Governor on R. 275, H. 5001 by a vote of 96 to 12:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 46     Part 18, Page 500, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 36(b),   Department of Agriculture, Agribusiness   Development: $2,500,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 46 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 46     Part 18, Page 500, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 36(b),   Department of Agriculture, Agribusiness   Development: $2,500,000

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 34; Nays 6

AYES

Alexander                 Allen                     Bennett


Printed Page 3789 . . . . . Wednesday, June 15, 2016

Campbell                  Campsen                   Coleman
Courson                   Cromer                    Gambrell
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, John            Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams

Total--34

NAYS

Bright                    Davis                     Fair
Gregory                   Massey                    Young

Total--6

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 47 by the Governor on R275, H. 5001 by a vote of 93 to 13:

R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 47     Part 18, Page 499, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 29(c),   Department of Commerce, Office of Innovation:   $2,000,000
Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3790 . . . . . Wednesday, June 15, 2016

VETO 47 OVERRIDDEN
R275, H. 5001--GENERAL APPROPRIATIONS ACT

Veto 47     Part 18, Page 499, Section 118, Statewide   Revenue - Proviso 118.16(8), Item 29(c),   Department of Commerce, Office of Innovation:   $2,000,000

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

Senator SETZLER spoke on the veto.

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

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

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

Ayes 34; Nays 6

AYES

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

Total--34

NAYS

Bright                    Davis                     Fair
Gregory                   Massey                    Young

Total--6


Printed Page 3791 . . . . . Wednesday, June 15, 2016

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 1 by the Governor on R276, H. 5002 (Word version) by a vote of 95 to 6:

R276, H. 5002 CAPITAL RESERVE

Veto 1       Section 1 - Item 58, Department of Parks, Recreation and Tourism, State Aquarium: $270,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 1 OVERRIDDEN
R276, H. 5002 CAPITAL RESERVE

Veto 1       Section 1 - Item 58, Department of Parks, Recreation and Tourism, State Aquarium: $270,000

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

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

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

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

Ayes 29; Nays 10; Abstain 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Coleman                   Courson
Cromer                    Gambrell                  Grooms
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          McElveen


Printed Page 3792 . . . . . Wednesday, June 15, 2016

Nicholson                 Rankin                    Sabb
Scott                     Setzler                   Sheheen
Turner                    Williams

Total--29

NAYS

Bright                    Davis                     Fair
Gregory                   Massey                    Peeler
Shealy                    Thurmond                  Verdin
Young

Total--10

ABSTAIN

Campsen

Total--1

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 2 by the Governor on R276, H. 5002 (Word version) by a vote of 93 to 9:

R276, H. 5002 CAPITAL RESERVE

Veto 2     Section 1 - Item 59, Patriot's Point Development Authority, USS Laffey: $50,000

Respectfully submitted,
Speaker of the House

Received as information.


Printed Page 3793 . . . . . Wednesday, June 15, 2016

VETO 2 OVERRIDDEN
R276, H. 5002 CAPITAL RESERVE

Veto 2       Section 1 - Item 59, Patriot's Point Development Authority, USS Laffey: $50,000

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

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

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

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

Ayes 29; Nays 10; Abstain 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Coleman                   Courson
Cromer                    Gambrell                  Grooms
Hayes                     Hembree                   Hutto
Johnson                   Kimpson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Matthews, John            Matthews, Margie          McElveen
Nicholson                 Rankin                    Sabb
Scott                     Setzler                   Sheheen
Turner                    Williams

Total--29

NAYS

Bright                    Davis                     Fair
Gregory                   Massey                    Peeler
Shealy                    Thurmond                  Verdin
Young

Total--10

ABSTAIN

Campsen

Total--1


Printed Page 3794 . . . . . Wednesday, June 15, 2016

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

Message from the House

Columbia, S.C., June 15, 2016
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 3 by the Governor on R276, H. 5002 (Word version) by a vote of 96 to 9:

R276, H. 5002 CAPITAL RESERVE

Veto 3     Section 1 - Item 52, Clemson University PSA, T. Ed Garrison Arena Education/Conference Center: $1,000,000

Respectfully submitted,
Speaker of the House

Received as information.

VETO 3 OVERRIDDEN
R276, H. 5002 CAPITAL RESERVE

Veto 3       Section 1 - Item 52, Clemson University PSA, T. Ed Garrison Arena Education/Conference Center: $1,000,000

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

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

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

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

Ayes 36; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Courson                   Cromer                    Fair
Gambrell                  Gregory                   Grooms


Printed Page 3795 . . . . . Wednesday, June 15, 2016

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

Total--36

NAYS

Bright                    Davis                     Massey
Young

Total--4

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

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden Veto 4 by the Governor on R276, H. 5002 (Word version) by a vote of 93 to 10:

R276, H. 5002 CAPITAL RESERVE

Veto 4       Section 1 - Item 54, Department of Parks, Recreation and Tourism, Parks, Recreational, and Tourism Revitalizations: $6,375,000
Respectfully submitted,
Speaker of the House

Received as information.

VETO 4 OVERRIDDEN
R276, H. 5002 CAPITAL RESERVE

Veto 4       Section 1 - Item 54, Department of Parks, Recreation and Tourism, Parks, Recreational, and Tourism Revitalizations: $6,375,000


Printed Page 3796 . . . . . Wednesday, June 15, 2016

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

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

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

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

Ayes 36; Nays 4

AYES

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

Total--36

NAYS

Bright                    Davis                     Massey
Young

Total--4

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

Leave of Absence

At 3:20 P.M., Senator HEMBREE requested a leave of absence for Senator CORBIN until 3:45 P.M.

Leave of Absence

At 3:22 P.M., Senator JOHNSON requested a leave of absence for Senator SABB for the day.


Printed Page 3797 . . . . . Wednesday, June 15, 2016

Leave of Absence

At 3:22 P.M., Senator JOHNSON requested a leave of absence for Senator REESE for the day.

Leave of Absence

At 6:44 P.M., Senator WILLIAMS requested a leave of absence for Senator JACKSON for the day.

Leave of Absence

At 6:58 P.M., Senator YOUNG requested a leave of absence for Senator THURMOND for the day.

Leave of Absence

At 8:20 P.M., Senator BRYANT requested a leave of absence until 1:00 A.M.

Leave of Absence

At 8:28 P.M., Senator CAMPSEN requested a leave of absence for Senator CLEARY.

Leave of Absence

At 10:00 P.M., Senator MASSEY requested a leave of absence for Senator CORBIN.

Leave of Absence

At 10:33 P.M., Senator COURSON requested a leave of absence.

Expression of Personal Interest

Senator DAVIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

Remarks by Senator MALLOY

Thank you, Mr. PRESIDENT and members of the Senate. I rise today to speak briefly on a subject that touches all of our hearts. As we come back to this place after a short time, we've had a lot of things that have happened in our lives. We have lost family members, we have had campaigns and now we're back to do the people's business.

A year ago, we were all troubled and it was very difficult when we lost Senator Clementa Pinckney to horrible, horrible gun violence.


Printed Page 3798 . . . . . Wednesday, June 15, 2016

Unfortunately we witnessed this past week one of the most horrible and despicable events in our history -- the Orlando shooting -- a hate crime and terrorism in the U.S. I think a strong argument can be made that a lot of it is due to weakened gun laws.

Here is the bottom line. The June 12, 2016, mass shooting in Orlando was not only the deadliest shooting in American history, it was a heinous hate crime and act of terrorism perpetrated by a dangerous person who had been under investigation by the FBI for suspected terrorism and should never have had access to a gun. Gun violence in our country too often includes those of hate crimes, those acts of terrorism and it is happening here on our soil with the use of guns.

We have to continue to strengthen our gun laws. One thing that we did not do this year is to take up the loophole issue in the background check system that would help to prevent these lethal hate crimes and acts of terrorism. I am convinced that had we had this, our brother would still be alive today.

It is my hope that we do not have to continue having these events, so that we can do the work that needs to be done. Assault rifles, guns, those kinds of matters, are things that we have to take a hard look at. Unfortunately, most of these incidences and terrorist acts in our country are perpetrated by these so called groups that involve guns. The Orlando shooting was the 6th American mass shooting since 2009 to be investigated by the FBI -- the 4th in the last year.

Obviously, we have to come together with our good sense and protecting the Second Amendment. There is a balance to protecting the Second Amendment and doing those things that are fair and are of common sense. Common sense makes it appropriate that those individuals, who should not have a gun, will not be able obtain a gun. I don't think that it is that difficult and I want to make certain that during this time we get a chance to pause because of our humanity -- and because these lives matter.

There are families in Florida and families back at home who are suffering -- and those who have suffered in Charleston and all across the State. There are folks on the other side of those matters too.
The last point is this -- this last year we came together and did some interesting and good work. We took down the Confederate Flag. Let's not stop there. Let's make certain that we take care of the memories of those who have fallen so that their lives will not be in vain and will lead to the reconciliation that we need.

Let's not just return to do business as usual. Let's make sure that we address the issue of guns and do what is right.


Printed Page 3799 . . . . . Wednesday, June 15, 2016

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

Expression of Personal Interest

Senator KIMPSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SHEHEEN rose for an Expression of Personal Interest.

Remarks by Senator SHEHEEN

Thank you, fellow Senators, if I could get your attention for just a minute please. I want to rise today to pause for just a moment in our proceedings to thank you, my fellow Senators, and the staff of the Senate, for the incredible support and encouragement that you expressed to my family over the last few days. You never want to be in that situation, whether a parent or child, but it is nice to know that there is another family out there for me. If I could count the number of calls, text messages, emails and visits to the family from you in this Chamber, it was a staggering amount. And it meant a lot to me personally. I also want to just remind each of you how much impact you have on the lives of your fellow Senators. And this goes for the staff as well because the staff that we have was incredibly supportive to me.

But on the Thursday that we left, Senator COURSON said to me, and I'll translate it into English so you can understand, "Senator, I have three tickets to the Duke baseball game, I know your uncle is a Duke grad, would you like to go?" I said, "Well you know my uncle, but my dad is also a Duke grad so I will tell him that we want to take dad. Would he come?" Which of course he said, "Yes." And Friday afternoon, because of Senator COURSON, I got to spend the entire afternoon with my dad and my uncle which meant a lot, it really did. So we do have a big impact on each other's lives whether we know it or not and I'm very thankful for that impact each and every one of you have had on my life and continue to have.

Well let me finish that story for those of you who knew my dad. We went to this game. He is a diehard Duke fan. I mean diehard. Duke gets pummeled, just pummeled. No one is left in the stands but us and few of dad's friends and they had a great time but Duke gets pummeled. I'm dying to leave, even Uncle Bob is dying to leave, but my dad was holding out because Duke might come back and win. My dad turned to me and said, "I had the best time, that was the best time, thank you for inviting


Printed Page 3800 . . . . . Wednesday, June 15, 2016

me." He meant it. Duke got pummeled but you know my dad, he had the absolute best time watching his alma mater get pummeled.

One of the unenviable tasks as a family member, and I know many of you have been through this because you have shared it with me, is to then take care of business after the loss, and one of the things I've been doing is going through my dad's office at USC where he was an adjunct faculty member. There's a rich treasure trove of history, South Carolina government history, in his office and it's absolutely fascinating to watch and read. I wanted to share with you two letters that I read, if you will just give me a moment, because they brought home to me how government can work at its best, how important what we do is, and how people regardless of party, ideology or philosophy can work together and make a difference.

These letters were written in 1995. And the letter, the first letter, and I'll just read part of it to you, was from my dad to Carol Campbell. My dad was the Commissioner on Higher Education. At that time the commission was appointed by legislative members, I think, Senator SETZLER, the Legislature appointed the commission members and the Governor might have had a couple of appointments. And of course, the Governor, Governor Campbell had worked on restructuring along with my uncle who was Speaker of the House at that time. This was the last year of Carol Campbell's governorship and my dad wrote him this letter. He said, "Dear Governor, as you enter the final days of your term, I would be remiss if I did not express to you my deepest gratitude for the manifold courtesies and the consistent support you have given to the commission and to me personally during your governorship. Your confidence expressed in words and deeds, appointments which I have received from you for numerous boards, committees, delegations, and task forces, to represent the State have exceeded any expectations I might have for involvement during your administration." He goes on and he says, "I may summarize this letter by saying to you that my work during your administration has been made immensely enjoyable by my relationship with the office of the Governor and with you personally." Now remember, my dad is the biggest liberal in the State of South Carolina -- a well-known Democrat -- who did not support Carol Campbell in his races for Governor and I'm sure was probably loud about it.

Governor Campbell writes back to my dad, "It's been an honor and privilege to serve as the Governor of South Carolina for the past eight years. Our administration has accomplished a great deal and the successes have been in large measure due to the dedication and diligence


Printed Page 3801 . . . . . Wednesday, June 15, 2016

of hundreds of capable and hardworking individuals. Your service has been an integral part of our team effort. We have been a fine team and I thank you for being a part of it."

These letters struck me as I went through his files, and as those of you who have served here for a while know, he was not afraid to stake out a position, push it hard, didn't mind if it offended people and would fight to the end. But these letters and the relationship I know that did truly exist shows, I believe, that if you have men and women of integrity, who are willing to work together when they find commonality, that it doesn't really matter if they are Republicans or Democrats, doesn't really matter what their ideology is, but what matters is that they are willing to work together for the betterment of South Carolina.

These remembrances remind me of how much we can get done when we work together. Thank you for lending me your ear and thank you for the support you have shown the Sheheen family over the last week and a half. And I hope you know that if you ever need my support, that I'll be there as well. Thank you.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1371 (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, Lourie, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF MR. FRED SHEHEEN OF CAMDEN, TO HONOR HIS LIFE AND WORK, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\s-res\ngs\014sheh.kmm.ngs.docx

The Senate Resolution was adopted.


Printed Page 3802 . . . . . Wednesday, June 15, 2016

S. 1372 (Word version) -- Senators McElveen and Johnson: A SENATE RESOLUTION TO CONGRATULATE, RECOGNIZE, AND HONOR MS. SHIRLEY G. BAKER FOR MORE THAN FORTY YEARS OF DEDICATED SERVICE TO SUMTER SENIOR SERVICES ON THE OCCASION OF HER RETIREMENT.
l:\council\bills\nbd\11234cz16.docx

The Senate Resolution was adopted.

S. 1373 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AL KUZIO, TRANSPORTATION AND COMMUNITY OUTREACH DIRECTOR FOR SUMMIT PLACE OF NORTH MYRTLE BEACH, ON HIS SELECTION AS A 2016 ARGENTUM HERO AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
l:\s-res\gh\019al k.kmm.gh.docx

The Senate Resolution was adopted.

S. 1374 (Word version) -- Senator Scott: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF MRS. ANNIE BELL FREEMAN PICKETT, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
l:\s-res\js\010anni.kmm.js.docx

The Senate Resolution was adopted.

S. 1375 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO CONGRATULATE AND RECOGNIZE MAJOR GENERAL ROGER L. CLOUTIER, THE FORTY-EIGHTH COMMANDING GENERAL OF FORT JACKSON IN COLUMBIA, SOUTH CAROLINA, UPON HIS REASSIGNMENT TO THE UNITED STATES AFRICA COMMAND IN STUTTGART, GERMANY, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\gm\24839sd16.docx

The Senate Resolution was adopted.

S. 1376 (Word version) -- Senator Bright: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MRS. SAMANTHA SKIPPER FOR TWENTY-SEVEN YEARS OF SERVICE TO THE PARKER HUNTER SKIPPER CPA FIRM AND TO WISH HER


Printed Page 3803 . . . . . Wednesday, June 15, 2016

CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
l:\s-res\lb\069sama.kmm.lb.docx

The Senate Resolution was adopted.

S. 1377 (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, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT W. HAYES, JR., FOR HIS DEDICATED SERVICE IN THE SENATE ON BEHALF OF HIS CONSTITUENTS IN YORK COUNTY AND THE CITIZENS OF SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\gm\24843dg16.docx

The Senate Resolution was adopted.

H. 5473 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND FRIENDS OF AUSTIN A. BROWN, LEGENDARY HORSEMAN AND GENTLEMAN, AND TO CELEBRATE HIS EXTRAORDINARY CONTRIBUTIONS TO THE CITY OF CAMDEN AND TO THE THOROUGHBRED INDUSTRY.

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

THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Stringer, Felder and R.L. Brown to the Committee of Free Conference on the part of the House on:


Printed Page 3804 . . . . . Wednesday, June 15, 2016

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 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.

H. 5140--REPORT OF THE
COMMITTEE OF FREE CONFERENCE ADOPTED

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

The question then was adoption of the Report of the Committee of Conference.

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

Ayes 39; Nays 2

AYES

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Cleary
Corbin                    Courson                   Davis
Fair                      Gambrell                  Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson


Printed Page 3805 . . . . . Wednesday, June 15, 2016

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

Total--39

NAYS

Bright                    Thurmond

Total--2

The Free Conference Report was adopted as follows:

H. 5140--Free Conference Report
The General Assembly, Columbia, S.C., June 15, 2016

The COMMITTEE OF CONFERENCE, to whom was referred:

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 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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:


Printed Page 3806 . . . . . Wednesday, June 15, 2016

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

/   SECTION   1.   Section 59-1-425(A) of the 1976 Code, as added by Act 260 of 2006, is amended to read:

"(A)   Each A local school district board of trustees of the State shall have has the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall must consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year, the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development shall must address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district."

SECTION   2.   Section 59-18-325(C) of the 1976 Code, as added by Act 200 of 2014, is amended to read:

"(C)(1)     To maintain a comprehensive and cohesive assessment system that signals a student's preparedness for the next educational level and ultimately culminates in a clear indication of a student's preparedness for postsecondary success in a college or career and to satisfy federal and state accountability purposes, the Executive Director of the State Fiscal Accountability Authority, with the advice and consent of the special assessment panel, shall direct the procurement of a summative assessment system for the 2014-2015 school year, and subsequent years as provided in item (3). The procurement must be completed before September 30, 2014. State Department of Education shall procure and maintain a summative assessment system.

(1)   The summative assessment must be administered to all students in grades three through eight, and if funds are available, administered to students in grades nine and ten. The summative assessment must assess students in English/language arts and mathematics, including those students as required by the federal Individuals with Disabilities Education Act and by Title I of the Elementary and Secondary Education Act. For purposes of this


Printed Page 3807 . . . . . Wednesday, June 15, 2016

subsection, 'English/language arts' includes English, reading, and writing skills as required by existing state standards. The assessment must be a rigorous, achievement assessment that measures student mastery of the state standards, that provides timely reporting of results to educators, parents, and students, and that measures each student's progress toward college and career readiness. Therefore, the assessment or assessments must meet all of the following minimum requirements:

(a)   compares performance of students in South Carolina to other students' performance on comparable standards in other states with the ability to link the scales of the South Carolina assessment to the scales from other assessments measuring those comparable standards;

(b)   be a vertically scaled, benchmarked, standards-based system of summative assessments;

(c)   measures a student's preparedness for the next level of their educational matriculation and individual student performance against the state standards in English/language arts, reading, writing, and mathematics and student growth;

(d)   documents student progress toward national college and career readiness benchmarks derived from empirical research and state standards;

(e)   establishes at least four student achievement levels;

(f)   includes various test questions including, but not limited to, multiple choice, constructed response, and selected response, that require students to demonstrate their understanding of the content;

(g)   be administered to all students in a paper-based computer-based format in 2014-2015, in either a paper-based form or computer-based format in 2015-2016, and to all students in a computer-based format by school year 2016-2017 except for students with disabilities as specified in the student's IEP or 504 plan, and unless the use of a computer by these students is prohibited due to the vendor's restrictions on computer-based test security, in which case the paper version must be made available; and

(h)   assists school districts and schools in aligning assessment, curriculum, and instruction.

(2)(a)   Additionally, the Executive Director of the State Fiscal Accountability Authority, with the advice and consent of the special assessment panel, also must direct the procurement of a college and career readiness assessment that meets the requirements of subsection (A). The procurement must be completed before September 30, 2014. In addition to WorkKeys, the assessment must be administered to all students entering the eleventh grade for the first time in the 2014-2015 school year. Beginning in the 2017-2018 school year, each school district


Printed Page 3808 . . . . . Wednesday, June 15, 2016

shall administer the statewide summative assessment, with the exception of alternate assessments, for grades three through eight during the last twenty days of school as determined by the district's regular instructional calendar, not including make-up days. If an extension to the twenty-day time period is needed, the school district or charter school may submit a request for an extension to the State Board of Education before December first of the school year for which the waiver is requested. The request must clearly document the scope and rationale for the extension. The request also must be accompanied by an action plan showing how the district or charter school will be able to comply with the twenty-day time frame for the following school year.

(b)   Statewide summative testing for each student may not exceed eight days each school year, with the exception of students with disabilities as specified in their IEPs or 504 plans.

(c)   The State Board of Education shall promulgate regulations outlining the procedures to be used during the testing process to ensure test security, including procedures for make-up days, and to comply with federal and state assessment requirements where necessary.

(d)   In the event of school closure due to extreme weather or other disruptions, or significant school or district technology disruptions that impede computer-based assessment administration, the school district or charter school may submit a request to the department to provide a paper-based administration to complete testing within the last twenty days of school. The request must clearly document the scope and cause of the disruption.

(3)   In school years 2014-2015, 2015-2016, and 2016-2017, The department must procure and administer the assessments procured by the State Fiscal Accountability Authority in English/language arts and mathematics in grades three through eight, and if funds are available, in grades nine and ten. The department also must administer the state-developed and adopted administer assessments in science and social studies to all students in grades four through eight, and the college readiness assessment and WorkKeys assessment to all students in grade eleven. If the Education Oversight Committee approves of the assessments pursuant to Section 59-18-320 after the 2016-2017 assessment, the assessments also may be administered in 2017-2018 and 2018-2019. Formative assessments must continue to be adopted, selected, and administered pursuant to Section 59-18-310.

(4)(a)   The special assessment panel must be composed of the following individuals or their designee:

(i)     the Chairman of the State Board of Education;

(ii)   the Chairman of the Education Oversight Committee;


Printed Page 3809 . . . . . Wednesday, June 15, 2016

(iii)   the Chairman of the Board of Directors for the South Carolina Chamber of Commerce;

(iv)   the Chairman of the South Carolina Commission on Higher Education;

(v)   the Chairman of the South Carolina Technical College System Board; and

(vi)   the State Superintendent of Education.

(b)   A panel member who is authorized to designate a person to serve on the board in his stead only may make the designation if he intends for the designee to serve continuously instead of intermittently with himself or another designee.

(c)   The assessment panel must receive input from educators, parents, higher education officials, and business and community leaders on the components of a comprehensive and cohesive assessment system. The assessment panel must convene within two weeks of the effective date of this act, at the request of the Executive Director of the State Fiscal Accountability Authority. The panel must complete its duties in a timely manner which enables the Executive Director of the State Fiscal Accountability Authority to procure the assessments by September 30, 2014. Upon the procurement of a summative assessment system, the special assessment panel is dissolved.

(4)(a)   For the 2016-2017, 2017-2018, and 2018-2019 school years, the department is responsible for ensuring the procurement and administration of the ACT Plus Writing assessment. Following the 2018-2019 school year, the department shall procure and administer a standardized national test that meets the requirements of subsection (A) that documents student progress toward national college and career readiness benchmarks derived from empirical research, and is widely accepted by higher education institutions for admissions purposes. The department is responsible for continuing to procure and administer the WorkKeys assessments.

(b)   For the 2016-2017, 2017-2018, and 2018-2019 school years, all public high schools and, where necessary, career centers, annually shall administer the WorkKeys assessment and the ACT Plus Writing college readiness assessment procured by the department to all eleventh grade students. Following the 2018-2019 school year, all public high schools and, where necessary, career centers, annually shall administer the college readiness and WorkKeys assessments procured by the department to all eleventh grade students. For the purposes of this section, 'eleventh grade students' means students in the third year of high school after their initial enrollment in the ninth grade.


Printed Page 3810 . . . . . Wednesday, June 15, 2016

(c)   Valid accommodations must be provided according to the students' IEP/504 plan. If a student also chooses to use the results of the college readiness assessment for post secondary admission or placement, the student, his parent, or his guardian must indicate that choice in compliance with the testing vendor's deadline to ensure that the student may receive allowable accommodations consistent with the IEP or 504 plan that may yield a college reportable score.

(5)(a)   The cost of procuring the assessments pursuant to items (1) and (2), and any costs associated with the performance of the special assessment panel's duties must be borne by the Department of Education.

(b)   Staff support to the Executive Director of the State Fiscal Accountability Authority and the special assessment panel must be provided by the Department of Education, Division of Accountability, Office of Assessment. In addition, if requested by the Executive Director of the State Fiscal Accountability Authority or the special assessment panel, the Department of Education, the Education Oversight Committee, the State Board for Technical and Comprehensive Education, and the Commission on Higher Education, must provide assistance to implement the provisions of this subsection.

(5)   If funds are available, the State shall provide a two-year college or four-year college readiness assessment or the WorkKeys assessment to twelfth grade students who did not meet benchmarks on the eleventh grade assessment for college and career readiness at no cost to the students.

(6)   Formative assessments must continue to be adopted, selected, and administered pursuant to Section 59-18-310.

(6)(7)   Within thirty days after providing student performance data to the school districts as required by law, the department must provide to the Education Oversight Committee student performance results on assessments authorized in this subsection and end-of-course assessments in a format agreed upon by the department and the Oversight Committee. The Education Oversight Committee must use the results of these assessments in school years 2014-2015 and, 2015-2016, and 2016-2017 to report on student academic performance in each school and district pursuant to Section 59-18-900. The committee may not determine state ratings for schools or districts, pursuant to Section 59-18-900, using the results of the assessments required by this subsection until after the conclusion of the 2015-2016 2016-2017 school year; provided, however, state ratings must be determined by the results of these assessments beginning in the 2016-2017 2017-2018 school year. The Oversight Committee also must develop and recommend a single accountability


Printed Page 3811 . . . . . Wednesday, June 15, 2016

system that meets federal and state accountability requirements by the Fall of 2016 2017. While developing the single accountability system that will be implemented in the 2017-2018 school year, the Education Oversight Committee shall determine the format of a transitional report card released to the public in the fall of 2016 and 2017 that will also identify underperforming schools and districts. These transitional reports will, at a minimum, include the following: (1) school, district and statewide student assessment results in reading and mathematics in grades 3 through 8; (2) high school and district graduation rates; and (3) measures of student college and career readiness at the school, district, and statewide level. These transitional reports will inform schools and districts, the public, and the Department of Education of school and district general academic performance and assist in identifying potentially underperforming schools and districts and in targeting technical assistance support and interventions in the interim before ratings are issued.

(7)   The Department of Education must submit a plan for approval and implementation to the Board of Education to mitigate the impact that changes in assessments are projected to have on teacher evaluation systems. If such an impact can be reasonably mitigated by delaying evaluations, the department shall seek a waiver if necessary for federal approval.

(8)   When standards are subsequently revised, the Department of Education, the State Board of Education, and the Education Oversight Committee shall approve assessments pursuant to Section 59-18-320."

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

Amend title to conform.

/s/Sen. Robert W. Hayes, Jr.      /s/Rep. Tommy M. Stringer
/s/Sen. Luke A. Rankin            /s/Rep. R. Raye Felder
/s/Sen. John W. Matthews, Jr.     /s/Rep. Robert L. Brown
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Statement by Senator THURMOND

I voted against H. 5140 due to the fact that it failed to allow flexibility for the school start date for all public school districts in South Carolina. From the numerous hearings that I have attended and constituents that I have heard from, this has been an issue that has been supported by all areas except Horry County. Unfortunately, we missed the mark by not getting this resolved.


Printed Page 3812 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

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

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 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.

H. 5140--REPORT OF COMMITTEE OF FREE CONFERENCE
ENROLLED FOR RATIFICATION

The Report of the Committee of Free 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 15, 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. 4765 (Word version) -- Reps. G.R. Smith, Parks, D.C. Moss, Cobb-Hunter, Jefferson, Duckworth, Daning, Kirby, R.L. Brown, Burns, Douglas,


Printed Page 3813 . . . . . Wednesday, June 15, 2016

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.

H. 4765--REPORT OF COMMITTEE OF CONFERENCE
ENROLLED FOR RATIFICATION

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.

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.

H. 3186--REPORT OF THE
COMMITTEE OF CONFERENCE CARRIED OVER

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


Printed Page 3814 . . . . . Wednesday, June 15, 2016

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.

On motion of Senator LARRY MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LARRY MARTIN spoke on the report.

Senator HUTTO spoke on the report.

Senator CAMPSEN spoke on the report.

Senator MALLOY moved to carry over the conference report.

Senator LARRY MARTIN moved to table the motion to carry over.

The motion to carry over was tabled.

Senator MALLOY spoke on the conference report.

On motion of Senator MALLOY, the conference report was carried over.

Recorded Vote

Senator FAIR desired to be recorded as voting against the motion to carry over the conference report of H. 3186 by Senator MALLOY.

H. 3186--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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,


Printed Page 3815 . . . . . Wednesday, June 15, 2016

SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.

On motion of Senator MALLOY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MALLOY spoke on the report.

The question then was adoption of the Report of the Committee of Conference.

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

Ayes 42; Nays 0

AYES

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

Total--42

NAYS

Total--0

The Conference Report was adopted as follows:


Printed Page 3816 . . . . . Wednesday, June 15, 2016

H. 3186--Conference Report
The General Assembly, Columbia, S.C., June 14, 2016

The COMMITTEE OF CONFERENCE, to whom was referred:

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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/     SECTION 1.   Section 8-13-1120(A) of the 1976 Code of Laws is amended by adding:

"(10)   a listing of the private source and type of any income received in the previous year by the filer or a member of his immediate family. This item does not include income received pursuant to:

(a)   a court order;

(b)   a savings, checking, or brokerage account with a bank, savings and loan, or other licensed financial institution which offers savings, checking, or brokerage accounts in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official, public member, or public employee;

(c)   a mutual fund or similar fund in which an investment company invests its shareholders' money in a diversified selection of securities."

SECTION 2.   To further amend Section 8-13-1120 of the 1976 Code of Laws by adding:

"(C)   For purposes of this section, income means anything of value received, which must be reported on a form used by the Internal Revenue


Printed Page 3817 . . . . . Wednesday, June 15, 2016

Service for the reporting or disclosure of income received by an individual or a business. Income does not include retirement, annuity, pension, IRA, disability, or deferred compensation payments received by the filer or filer's immediate family member."

SECTION 3.   The provisions of this act take effect on January 1, 2017./

Amend title to conform.

/s/Sen. Larry A. Martin           /s/Rep. George Murrell Smith, Jr.
/s/Sen. C. Bradley Hutto          /s/Rep. Beth E. Bernstein
/s/Sen. George E. Campsen III     Rep. Kirkman Finlay III
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 15, 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. 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.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 3818 . . . . . Wednesday, June 15, 2016

H. 3186--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 15, 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. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis, Bradley and Collins: A BILL TO CREATE THE "BRAIN TISSUE DONOR STUDY COMMITTEE" TO PROVIDE A PROCESS AND PROCEDURE FOR CITIZENS OF THIS STATE TO DONATE THEIR BRAIN TISSUE UPON THEIR DEATH FOR RESEARCH AND EDUCATION, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.
Very respectfully,
Speaker of the House

Received as information.

H. 4391--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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.


Printed Page 3819 . . . . . Wednesday, June 15, 2016

On motion of Senator CLEARY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator CLEARY spoke on the report.

The question then was adoption of the Report of the Committee of Conference.

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

Ayes 37; Nays 1

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Davis
Gambrell                  Gregory                   Hayes
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Malloy
Martin, Larry             Massey                    Matthews, Margie
McElveen                  Nicholson                 Peeler
Rankin                    Sabb                      Scott
Setzler                   Shealy                    Sheheen
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Cromer

Total--1

The Conference Report was adopted as follows:

H. 4391--Conference Report
The General Assembly, Columbia, S.C., June 15, 2016

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis, Bradley and Collins: A BILL TO AMEND SECTION 44-43-305, AS AMENDED,


Printed Page 3820 . . . . . Wednesday, June 15, 2016

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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/   TO CREATE THE "BRAIN TISSUE DONOR STUDY COMMITTEE" TO PROVIDE A PROCESS AND PROCEDURE FOR CITIZENS OF THIS STATE TO DONATE THEIR BRAIN TISSUE UPON THEIR DEATH FOR RESEARCH AND EDUCATION, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   There is created the Brain Tissue Donor Study Committee charged with providing a process and procedure for citizens of this State to designate that upon his or her death, the person's brain tissue be donated for the purpose of research and education. Membership of the study committee shall be comprised of seven members as follows:

(1)   one researcher from Clemson University

(2)   one researcher from the University of South Carolina

(3)   one researcher from the Medical University of South Carolina

(4)   one representative from the SC Department of Motor Vehicles

(5)   one representative from Donate Life South Carolina

(6)   one representative from LifePoint, Inc.

(7)   one representative from the National Alliance on Mental Illness South Carolina.

Staff from the Senate and the House of Representatives shall assist the study committee. The study committee shall provide a report to the General Assembly by December 31, 2016, at which time the study committee shall dissolve. Members of the study committee shall serve without mileage, per diem, or subsistence.

SECTION   2.   This act takes effect upon approval by the Governor.   /


Printed Page 3821 . . . . . Wednesday, June 15, 2016

/s/Sen. Thomas C. Alexander       /s/Rep. Mike Burns
/s/Sen. Raymond E. Cleary         /s/Rep. Jeff Bradley
/s/Sen. John L. Scott, Jr.        Rep. John R. King
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:

H. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis, Bradley and Collins: A BILL TO CREATE THE "BRAIN TISSUE DONOR STUDY COMMITTEE" TO PROVIDE A PROCESS AND PROCEDURE FOR CITIZENS OF THIS STATE TO DONATE THEIR BRAIN TISSUE UPON THEIR DEATH FOR RESEARCH AND EDUCATION, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Pope, G.M. Smith and Norrell to the Committee of Free Conference on the part of the House on:

H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith,


Printed Page 3822 . . . . . Wednesday, June 15, 2016

G.R. Smith, McCoy, McKnight, Clary, M.S. McLeod, Thayer, W.J. McLeod, Weeks, J.E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR


Printed Page 3823 . . . . . Wednesday, June 15, 2016

NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.
Very respectfully,
Speaker of the House

Received as information.

H. 3184--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE OF FREE CONFERENCE ADOPTED

H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, McKnight, Clary, M.S. McLeod, Thayer, W.J. McLeod, Weeks, J.E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS


Printed Page 3824 . . . . . Wednesday, June 15, 2016

COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.

On motion of Senator LARRY MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.


Printed Page 3825 . . . . . Wednesday, June 15, 2016

Senator LARRY MARTIN spoke on the report.

H. 3184--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator LARRY MARTIN, with unanimous consent, Free Conference Powers were granted.

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

The question then was adoption of the Report of the Committee of Free Conference.

H. 3184--REPORT OF THE
COMMITTEE OF FREE CONFERENCE ADOPTED

H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, McKnight, Clary, M.S. McLeod, Thayer, W.J. McLeod, Weeks, J.E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR


Printed Page 3826 . . . . . Wednesday, June 15, 2016

ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.

On motion of Senator LARRY MARTIN, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator LARRY MARTIN spoke on the report.

Senator SCOTT spoke on the report.

The question then was adoption of the Report of Committee of Free Conference.


Printed Page 3827 . . . . . Wednesday, June 15, 2016

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

Total--41

NAYS

Total--0

The Free Conference Report was adopted as follows:

H. 3184--Free Conference Report
The General Assembly, Columbia, S.C., June 15, 2016

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G.A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, McKnight,   Clary, M.S. McLeod, Thayer, W.J. McLeod, Weeks, J.E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS


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


Printed Page 3829 . . . . . Wednesday, June 15, 2016

ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

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

/     SECTION   1.   Section 8-13-130 of the 1976 Code, as added by Act 353 of 2008, is further amended to read:

"Section 8-13-130   (A)   The State Ethics Commission, Senate Ethics Committee, and House of Representatives Ethics Committee may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the "Ethics, Government Accountability and Campaign Reform Act of 1991" pursuant to Title 2 or Title 8. The fee must be used to reimburse the commission, the appropriate legislative Ethics Committee, or combination thereof, for costs associated with the investigation and hearing of a violation. The costs associated include:

(1)   the investigator's time;

(2)   mileage, meals, and lodging;

(3)   the prosecutor's time;

(4)   the hearing panel's travel, per diem, and meals;

(5)   administrative time;

(6)   subpoena costs to include witness fees and mileage; and

(7)   miscellaneous costs such as postage and supplies.

This fee is These fees and costs are in addition to any fines as otherwise provided by law."

SECTION   2.   Section 8-13-310 of the 1976 Code, as last amended by Act 279 of 2012, is further amended to read:

"Section 8-13-310.   (A)   The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the at-large members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is


Printed Page 3830 . . . . . Wednesday, June 15, 2016

directed to change all references to 'this chapter' in Article 3 of Chapter 13 of Title 8 to 'this chapter and Chapter 17 of Title 2'.

(B)(A)(1)   There is created the State Ethics Commission composed of nine eight members who must be appointed in the following manner:

(a)   four members must be appointed by the Governor, upon the advice and consent of the General Assembly. no more than two of whom are members of the appointing Governor's political party;

(b)   two members must be selected by the Senate, one upon the recommendation of the members of the majority political party in the Senate and one upon the recommendation of the members of the largest minority political party in the Senate;

(c)   two members must be selected by the House of Representatives, one upon the recommendation of the members of the majority political party in the House and one upon the recommendation of the members of the largest minority political party in the House.

Each member must be appointed with the advice and consent of the General Assembly. One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large.

(2)   The terms of the members serving on the State Ethics Commission as of March 30, 2017, shall end on March 31, 2017. A member who is serving at that time and who has not completed a full five-year term may be reappointed pursuant to this subsection. The initial appointments for service to begin on April 1, 2017, must be made as follows:

(a)   two members appointed by the Governor must be appointed for a three-year term;

(b)   two members appointed by the Governor must be appointed for a five-year term;

(c)   one member appointed by the Senate upon the recommendation of the members of the majority political party in the Senate shall serve a three-year term;

(d)   one member appointed by the Senate upon the recommendation of the members of the largest minority political party of the Senate must be appointed for a five-year term;

(e)   one member appointed by the House upon the recommendation of the members of the majority political party of the House of Representatives must be appointed for a five-year term; and

(f)   one member appointed by the House upon the recommendation of the members of the largest minority political party of the House of Representatives must be appointed for a three-year term.


Printed Page 3831 . . . . . Wednesday, June 15, 2016

The initial members who have served terms that are less than five years are eligible to be reappointed for one full five-year term.

(B)   The qualifications the appointing authorities shall consider for the appointees include, but are not limited to:

(a)   constitutional qualifications;

(b)   ethical fitness;

(c)   character;

(d)   mental stability;

(e)   experience; and

(f)   judicial temperament.

(C)(1)   In addition to other information that may be requested, candidates for appointment must provide the following information to the appointing authority, which must be shared with the General Assembly during the confirmation process:

(a)   The candidate's membership in any civic, charitable, or social groups within the previous four years;

(b)   A contribution made by the candidate to a candidate for Governor, the Lieutenant Governor, or a member of the General Assembly within the previous four years; and

(c)   A contribution, as defined in 8-13-1300(7), made by the candidate within the previous four years to a candidate as defined in 8-13-100(5).

(2)   The appointing authorities shall make their appointments based on merit. However, in making appointments to the commission, the appointing authorities shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, and shall strive to assure that the membership of the commission will represent, to the greatest extent possible, all segments of the population of the State.

(3)   The following are not eligible to serve on the State Ethics Commission:

(a)   a member of the General Assembly;

(b)   a former member of the General Assembly within eight years following the termination of his service in the General Assembly;

(c)   a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor, Lieutenant Governor or other statewide elected official;

(d)   a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the Governor who appointed the person to serve on the State Ethics Commission, as well as that Governor's Lieutenant Governor;


Printed Page 3832 . . . . . Wednesday, June 15, 2016

(e)   a person who registered as a lobbyist within four years of being appointed to the State Ethics Commission;

(f)   a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.

No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission.

The Governor shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina.

(C)(D)   The terms of the members are for five years and until their successors are appointed and qualify. The members of the State Ethics Commission serving on this chapter's effective date may continue to serve until the expiration of their terms. These members may then be appointed to serve one full five-year term under the provisions of this chapter. Members representing the first, third, and sixth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1991. Members currently representing the second, fourth, and fifth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1993. The initial appointments for the at large members of the commission created by this chapter must be for a one-, two-, or three-year term, but these at-large members are eligible subsequently for a full five-year term. Under this section, the at-large members of the commission are to be appointed to begin service on or after July 1, 1992. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Members of the commission who serve less than a full five-year term may be reappointed for one full five-year term. Members of the commission who have completed a full five-year term are not eligible for reappointment. A member shall not serve on the commission in hold-over status after the member's term expires. An appointee shall not serve on the commission, even in interim capacity, until he has been confirmed by the General Assembly.

(D)(E)   The commission shall elect a chairman, vice-chairman, and such other officers as it considers necessary. Five members of the commission shall constitute a quorum. The commission must adopt a policy concerning the attendance of its members at commission meetings. The commission meets at the call of the chairman or a majority of its members. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as


Printed Page 3833 . . . . . Wednesday, June 15, 2016

provided by law for members of state boards, committees, and commissions.

(F)(1)   A commission member appointed by the Governor may be removed from office by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity pursuant to Section 1-3-240.

(2)   A commission member appointed by the Senate may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon a vote of two-thirds of the membership of the Senate.

(3)   A commission member appointed by the House of Representatives may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon a vote of two-thirds of the membership of the House of Representatives."

SECTION   3.   Section 8-13-320(9) of the 1976 Code is amended to read:

"(9)   to initiate or receive complaints and make investigations, as provided in item (10), or as provided in Section 8-13-540, as appropriate, of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members or staff, including staff elected to serve as officers of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section or in Article 5 of this chapter, as appropriate.

(a)   The commission may commence an investigation on the filing of a complaint by an individual or by the commission, as provided in item (10)(d), upon a majority vote of the total membership of the commission.

(b)(1)   No complaint may be accepted by the commission concerning a candidate for elective office during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must


Printed Page 3834 . . . . . Wednesday, June 15, 2016

be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:

(i)     petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)   claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and

(iii)   allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.

(2)   Action on a complaint filed against a candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election.

(c)   If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. In addition to any civil or criminal penalties, the filer of the groundless complaint may be ordered to reimburse the commission for the commission's costs associated with the investigation and disposition of the complaint.

(d)   Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that a violation of this chapter has occurred;"


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SECTION   4.   Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b)   If the commission, or its executive director, or staff designated by the commission, determines that the complaint does not allege facts sufficient to constitute a violation, the commission must dismiss the complaint and notify the complainant and respondent. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."

SECTION   5.   Section 8-13-320(10)(c) of the 1976 Code is amended to read:

"(c)   If the commission, or its executive director, or staff designated by the commission determines that the complaint alleges facts sufficient to constitute a violation, an investigation may be conducted of the alleged violation."

SECTION   6.   Section 8-13-320(10)(d) of the 1976 Code is amended to read:

"(d)   If the commission, upon the receipt of any information, finds probable cause to believe that a violation of the chapter has occurred, it may, upon its own motion and an affirmative vote of the majority of the total membership six or more members of the commission, file a verified complaint, in writing, that states the name of the person alleged to have committed a violation of this chapter and the particulars of the violation. The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint."

SECTION   7.   Section 8-13-320(10)(g) of the 1976 Code, as last amended by Act 1 of 2011, is further amended to read:

"(g)   All investigations, inquiries, hearings, and accompanying documents must remain are confidential and may only be released pursuant to this section until a finding of probable cause or dismissal unless the respondent waives the right to confidentiality.

(i)     After a dismissal following a finding of probable cause, except for dismissal pursuant to item (10)(b) or a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the notice of dismissal.

(ii)   After a finding of probable cause, except for a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following


Printed Page 3836 . . . . . Wednesday, June 15, 2016

documents become public record: the complaint, the response by the respondent, and the notice of hearing. If a hearing is held on the matter, the final order and all exhibits introduced at the hearing shall become public record upon issuance of the final order by the commission. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy. In the event a hearing is not held on a matter after a finding of probable cause, the final disposition of the matter becomes public record.

The respondent or his counsel, by written notice, may waive the confidentiality requirement. The commission shall not accept any partial waivers. The wilful release of confidential information is a misdemeanor, and any a person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."

SECTION   8.   Section 8-13-320(10)(i) of the 1976 Code is amended to read:

"(i)   At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of law, must make a recommendation whether probable cause exists to believe that a violation of this chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission determines, by an affirmative vote of six or more commission members, that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the chapter has occurred. If the commission finds probable cause, by an affirmative vote of six or more commission members, to believe that a violation of this chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation. Probable cause is a finding that the allegations contained in the complaint are more likely than not to have occurred and constitute a violation of this chapter or chapter 17, Title 2."

SECTION   9.   Section 8-13-320(10)(j) of the 1976 Code is amended to read:

"(j)   If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. The same discovery techniques which are available to the commission must be equally available to the respondent, including the right to request the commission to subpoena witnesses or


Printed Page 3837 . . . . . Wednesday, June 15, 2016

materials and the right to conduct depositions as prescribed by subitem (f). A panel of three commissioners must conduct a hearing in accordance with Chapter 23, of Title 1 (Administrative Procedures Act), except as otherwise expressly provided. Panel action requires the participation of the three panel members. During a commission panel hearing conducted to determine whether a violation of the chapter has occurred, the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The hearings must be held in executive session unless the respondent requests an open hearing open to the public."

SECTION   10.   Section 8-13-320(11) of the 1976 Code is amended to read:

"(11)   to issue, upon request from persons covered by this chapter, and publish advisory opinions on the requirements of this chapter, based on real or hypothetical sets of circumstances; provided, that an opinion rendered by the commission, until amended or revoked, is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith unless material facts were omitted or misstated by the person in the request for the opinion. Advisory opinions must be in writing and are considered rendered when approved by five or more commission members subscribing to the advisory opinion. Advisory opinions must be made available to the public unless the commission, by majority vote of the total membership of the commission, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request;

(a)   The commission may issue a formal advisory opinion, based on real or hypothetical sets of circumstances. In considering and formulating an advisory opinion, the commission shall consider its previous opinions as well as relevant opinions issued by either legislative ethics committee in an attempt to create uniformity among the bodies. A formal advisory opinion issued by the commission is binding on the commission, until amended or revoked, in any subsequent charges concerning the person who requested the formal opinion and any other person who acted in reliance upon it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. A formal advisory opinion must be in writing and is considered rendered when approved by a majority of the commission members subscribing to the advisory opinion. Advisory opinions must be made available to the


Printed Page 3838 . . . . . Wednesday, June 15, 2016

public unless the commission, by majority vote of the total membership of the commission, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request.

(b)   The commission only may issue formal advisory opinions for public officials, public members, and public employees for which it has proper jurisdiction to make findings of fact and impose penalties pursuant to this chapter.

(c)   The commission must consider whether a person relied in good faith upon a formal advisory opinion or written informal staff opinion when considering a determination of probable cause and when considering a finding of misconduct."

SECTION   11.   Article 3, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-322.   It is unlawful for the Governor, a member of the General Assembly, or anyone who is the subject of a pending investigation or open complaint, to contact or attempt to contact, either directly or indirectly, a member of the commission or a legislative ethics committee to influence or attempt to influence the outcome of a pending investigation or open complaint."

SECTION   12.   Section 8-13-530 of the 1976 Code is amended to read:

"Section 8-13-530.   Each ethics committee shall:

(1)   ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter, which may include, but is not limited to, an audit of filed reports and applicable campaign bank statements, and to promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;

(2)   receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;

(3)   upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate, or staff for the appropriate house, misconduct of a member or staff of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2 alleging a violation by a member or staff of the appropriate house, or a member or staff of a legislative caucus committee, or a candidate for the appropriate house, for a violation of this chapter or Chapter 17, Title 2, other than a violation of a rule of the appropriate house, the ethics committee shall refer the complaint to the


Printed Page 3839 . . . . . Wednesday, June 15, 2016

State Ethics Commission for an investigation pursuant to Section 8-13-540;

(4)   receive, investigate, and hear a complaint which alleges a possible violation of a breach of a privilege or a rule governing a member or staff of the appropriate house or legislative caucus committee, or candidate for the appropriate house, the alleged breach of a rule governing a member or staff of or candidate for the appropriate house, misconduct of a member or staff of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2.;

(5)   no a complaint may not be accepted by the ethics committee concerning a member of or candidate for the appropriate house during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorney's fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:

(i)     petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)   claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and

(iii)   allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.

Action on a complaint filed against a member or candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;

(5)(6)   obtain information, and investigate technical violation complaints, and hear complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17, of


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Title 2 and to that end may compel by subpoena issued by a majority vote of the committee the attendance and testimony of witnesses and the production of pertinent books and papers;

(6)(7)   administer or recommend sanctions appropriate to a particular member, or staff of, or candidate for, the appropriate house pursuant to Section 8-13-540, including the recovery of the value of anything transferred or received in breach of the ethical standards, or dismiss the charges; and

(7)(8)   act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house, and may issue, upon request from a member or staff of the appropriate house, or legislative caucus committee, or candidate for the appropriate house, and publish advisory opinions on the requirements of these chapters."

SECTION   13.   Article 5, Chapter 13, title 8 of the 1976 Code is amended by adding:

"Section 8-13-535.   (A)   The committee, may issue a formal advisory opinion, based on real or hypothetical sets of circumstances. In considering and formulating an advisory opinion either legislative ethics committee shall consider its previous opinions, the relevant opinions of the other legislative ethics committee, as well as relevant opinions issued by the commission in an attempt to create uniformity among the bodies. A formal advisory opinion issued by the committee is binding on the committee, until amended or revoked, in any subsequent charges concerning the person who requested the formal opinion and any other person who acted in reliance upon it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. A formal advisory opinion must be in writing and is considered rendered when approved by a majority of the committee members subscribing to the advisory opinion. Advisory opinions must be made available to the public unless the committee, by majority vote of the total membership of the committee, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request.

(B)   The appropriate ethics committee only may issue formal advisory opinions for public officials, public members, and public employees for which it has proper jurisdiction to make findings of fact and impose penalties pursuant to this chapter.

(C)   The appropriate ethics committee must consider whether a person relied in good faith upon a formal advisory opinion or written informal staff opinion when considering a finding of misconduct."


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SECTION   14.   Section 8-13-540 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 8-13-540.   Unless otherwise provided for by House or Senate rule, as appropriate, each ethics committee must conduct its investigation of a complaint filed pursuant to this chapter or Chapter 17 of Title 2 in accordance with this section.

(1)   When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.

If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:

(a)   render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or

(b)   convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred.

(2)   If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session.


Printed Page 3842 . . . . . Wednesday, June 15, 2016

(3)   After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall:

(a)   administer a public or private reprimand;

(b)   determine that a technical violation as provided for in Section 8-13-1170 has occurred;

(c)   recommend expulsion of the member; and/or,

(d)   in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.

(4)   An individual has ten days from the date of the notification of the ethics committee's action to appeal the action to the full legislative body.

(5)   No ethics committee member may participate in any matter in which he is involved.

(6)   The ethics committee shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.

(A)(1)   A complaint alleging a member of the General Assembly, legislative caucus committees, candidates for the General Assembly, or staff of the General Assembly or legislative caucus committee has committed a violation of this chapter or Chapter 17, Title 2 must be a verified complaint in writing and state the name of the person alleged to have committed the violation and the particulars of the violation.

(2)   When a complaint is filed with or by the ethics committee alleging a violation of this chapter or Chapter 17, Title 2, a copy must be sent to the person alleged to have committed the violation and to the State Ethics Commission, hereinafter referred to as 'the commission' within thirty days from the date the complaint was filed, for an investigation as provided in this section. However, if the complaint only alleges a violation of a rule of the House of Representatives or of the Senate, the appropriate ethics committee must forward a copy of the complaint to the person alleged to have committed the violation, and the appropriate ethics committee shall investigate and make a determination for a complaint.


Printed Page 3843 . . . . . Wednesday, June 15, 2016

(3)(a)   The commission, upon receipt of information, may initiate and file a complaint upon an affirmative vote of six or more members of the commission. The commission shall accept complaints referred by the ethics committees and verified complaints from individuals, whether personally or on behalf of an organization or governmental body.

(b)   The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint. Unless the complaint was referred by an ethics committee, the commission shall send a copy of the complaint to the appropriate ethics committee.

(4)   Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless the person alleged to have committed the violation, by fraud or other device, prevents discovery of the violation.

(B)(1)   Upon receiving a complaint filed pursuant to subsection (A), the commission, its executive director, or other staff as designated by the commission, must determine whether the complaint alleges facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2. If the commission, its executive director, or its other designated staff determines the complaint does not allege facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2, the complaint must be dismissed. If the commission, its executive director, or its designated staff determines the complaint alleges facts sufficient to constitute a violation, an investigation may be conducted of the alleged violation.

(2)(a)   In conducting the investigation into the allegations contained in a complaint, the Commission shall request a response from the respondent to the complaint and allow for thirty days from the date of the request for the respondent to submit a response.

(b)   If the commission does not find probable cause that a violation occurred, the complaint must be dismissed. The commission must notify the complainant, and respondent, and the appropriate legislative ethics committee.

(c)   If the commission determines only a technical violation pursuant to Section 8-13-1170 or 8-13-1372 occurred, the complaint must be referred to the appropriate legislative ethics committee for disposition.

(d)   If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, the person must be fined not more


Printed Page 3844 . . . . . Wednesday, June 15, 2016

than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof by a preponderance of the evidence that the filing of the complaint was wilful and without just cause or with malice. In addition to any civil or criminal penalties, the filer of the groundless complaint may be ordered to reimburse the commission for the commission's costs associated with the investigation and disposition of the complaint.

(3)   If the commission finds evidence that the person alleged to have committed the violation wilfully violated a section of this chapter or Chapter 17, Title 2 that imposes a criminal penalty, the commission, when appropriate, may forward the complaint and accompanying materials to the Attorney General or circuit solicitor.

(4)   If the commission determines that it needs assistance in conducting an investigation, the commission shall request the assistance of appropriate agencies as needed, and may hire or retain auditors, investigators, or other assistance as necessary.

(5)   In conducting its investigation, the commission may order testimony to be taken in any investigation or deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas, by approval of the chairman and subject to judicial enforcement, for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued pursuant to this section.

(6)   Upon completing its investigation, the commission must provide a report to the appropriate ethics committee with a recommendation as to whether there is probable cause to believe a violation of this chapter or of Chapter 17, Title 2 has occurred. A recommendation of probable cause requires an affirmative vote by six or more members of the commission. The report must include a copy of all relevant reports, evidence, and testimony considered by the commission.

(C)(1)   All investigations, inquiries, hearings and accompanying documents are confidential and only may be released pursuant to this section.

(2)(i)   Upon a recommendation of probable cause by the commission for a violation, other than a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become


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public record: the complaint, the response by the respondent, and the commission's recommendation of probable cause.

(ii)   If the appropriate committee requests further investigation after receipt of the commission's report, documents may only be released if the commission's second report to the committee recommends a finding of probable cause.

(D)(1)   Upon receipt of the Commission's report, the appropriate ethics committee may concur or nonconcur with the commission's recommendation, or within forty-five days from the committee's receipt of the report, request the commission to continue the investigation in order to review information previously received or consider additional matters not considered by the commission.

(2)   If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that there is not competent and substantial evidence a violation of this chapter or of Chapter 17, Title 2 has occurred, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant. The notice of dismissal must be made public if the commission made a recommendation that probable cause existed.

(3)   If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that the respondent has committed only a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the provisions of the appropriate section apply.

(4)   If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that there is competent and substantial evidence that a violation of this chapter or of Chapter 17, Title 2 has occurred, except for a technical violation of Section 8-13-1170 or Section 8-13-1372, the committee shall, as appropriate:

(a)   render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or

(b)   convene a formal public hearing on the matter.

The ethics committee may obtain its own information, or request additional investigation by the State Ethics Commission, if it needs additional information to make a determination as to whether or not competent and substantial evidence of a violation exists. An advisory opinion to the respondent pursuant to subitem (a) must be made public.

(5)   If the ethics committee convenes a formal public hearing:

(a)   the investigator or attorney handling the investigation for the State Ethics Commission shall present the evidence related to the complaint to the appropriate ethics committee;


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(b)   it is the duty of the investigator or attorney to further investigate the subject of the complaint and any related matters under the jurisdiction and at the direction of the ethics committee, to request assistance from appropriate state agencies as needed, to request authorization from the committee for funds for the hiring of auditors, investigators, or other assistance as necessary, to prepare subpoenas, and to present evidence to the committee at any public hearing. The appropriate committee shall maintain the authority to approve subpoenas, authorize expenditures, dismiss complaints, schedule hearings, grant continuances, and any other authority as provided for by their rules;

(c)   the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.

(d)   all hearings must be open to the public.

(6)(a)   After the formal public hearing, the ethics committee shall determine its findings of fact and issue its final order.

(b)   If the ethics committee, based on competent and substantial evidence, finds the respondent has not violated this chapter or Chapter 17, Title 2, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant.

(c)   If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17, Title 2, the committee shall:

(i)     administer a public reprimand;

(ii)   determine that a technical violation as provided for in Section 8-13-1170 or 8-13-1372 has occurred;

(iii)   require the respondent to pay a civil penalty not to exceed two thousand dollars for each nontechnical violation that is unrelated to the late filing of a required statement or report or failure to file a required statement or report;

(iv)   require the forfeiture of gifts, receipts, or profits, or the value of each, obtained in violation of Chapter 13, Title 8 or Chapter 17, Title 2;

(v)   recommend expulsion of the member;

(vi)   provide a copy of the complaint and accompanying materials to the Attorney General if the committee finds that there is probable cause to believe the respondent wilfully violated a section of this chapter or Chapter 17, Title 2 that imposes a criminal penalty; or


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(vii)   require a combination of subitems (i) through (vi) as necessary and appropriate.

(d)   The ethics committee shall report its findings in writing to the Speaker of the House of Representatives or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment or dismissal and supported and signed by a majority of the ethics committee members.

(e)   Upon the issuance of the final order, the following documents become public record: exhibits introduced at the hearing, the committee's findings, and the final order. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy. In addition, any documents in the commission's report that substantiate the commission's determination of probable cause that would constitute a public document and are not exempt from disclosure under the Freedom of Information Act or other state or federal law shall also become public record. These documents must be redacted, as appropriate, in compliance with state or federal law.

(E)   If, after conducting a formal public hearing, the ethics committee finds the respondent has violated this chapter or Chapter 17, Title 2, the respondent has ten days from the date of receiving the committee's order of punishment to appeal the action to the full legislative body.

(F)   No ethics committee member may take part in consideration of any matter in which they are the respondent, complainant, witness, or otherwise involved.

(G)   The ethics committees shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses."

SECTION   15.   Section 8-13-550(B) of the 1976 Code is amended to read:

"(B)   Upon consideration of an ethics committee report by the house or the senate, whether in executive or open session, the results of the consideration, except in the case of the issuance of a private reprimand, are a matter of public record."

SECTION   16.   The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the act, the General Assembly hereby declaring that it would have passed each and


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every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   17.   The provisions of this act are effective as of April 1, 2017 and shall apply to complaints filed on or after April 1, 2017. However, the provisions in Section 8-13-310 regarding the selection of the initial members to serve on the State Ethics Commission as of April 1, 2017 and the termination of terms of the members serving on the commission as of March 31, 2017, take effect after the date of the Governor's signature for the limited purpose of having the initial members of the reconstituted State Ethics Commission begin service on April 1, 2017. The State Ethics Commission, House Ethics Committee and Senate Ethics Committee shall maintain jurisdiction over all open complaints and investigations pending in the appropriate entity on or before March 31, 2017. The reconstituted State Ethics Commission shall have jurisdiction over open complaints and investigations pending within the State Ethics Commission as of March 31, 2017." /

Amend title to conform.

/s/Sen. Larry A. Martin           /s/Rep. Thomas E. Pope
/s/Sen. Gerald Malloy             /s/Rep. George Murrell Smith, Jr.
/s/Sen. George E. Campsen III     /s/Rep. Mandy Powers Norrell
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

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

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


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CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION


Printed Page 3850 . . . . . Wednesday, June 15, 2016

HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.
Very respectfully,
Speaker of the House

Received as information.

H. 3184--REPORT OF COMMITTEE OF FREE CONFERENCE
ENROLLED FOR RATIFICATION

The Report of the Committee of Free 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 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Pope, Pitts and Weeks to the Committee of Free Conference on the part of the House on:

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


Printed Page 3851 . . . . . Wednesday, June 15, 2016

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 15, 2016

Mr. President and Senators:

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

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.

H. 4763--FREE CONFERENCE POWERS REQUESTED
CARRIED OVER

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


Printed Page 3852 . . . . . Wednesday, June 15, 2016

CERTAIN COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT THAT A PERSON MUST PAY.

On motion of Senator HEMBREE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HEMBREE spoke on the report.

Senator HEMBREE asked unanimous consent to be granted Free Conference Powers.

The question then was granting of Free Conference Powers.

On motion of Senator MALLOY, the conference report was carried over.

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Ayes 11; Nays 19

AYES

Allen                     Hutto                     Johnson
Leatherman                Lourie                    Malloy
Matthews, Margie          McElveen                  Nicholson
Scott                     Setzler

Total--11

NAYS

Alexander                 Bennett                   Bright
Campsen                   Coleman                   Cromer
Davis                     Fair                      Gambrell
Grooms                    Hembree                   Martin, Larry
Massey                    Peeler                    Shealy
Thurmond                  Turner                    Verdin
Young

Total--19

The Senate refused to adjourn.


Printed Page 3853 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House sustained the Governor's veto on H. 3440 (Word version).
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 15, 2016

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.298, H. 3440 by a vote of 69 to 33:

(R298, H3440 (Word version)) -- Reps. Crosby, Daning, George and Clemmons: AN ACT TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS AND TO ADD THE TERMS "MOPED", "DAYLIGHT HOURS", AND "VEHICLE" AND THEIR DEFINITIONS; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DELETE THE TERM "ARTICLE" AND REPLACE IT WITH THE TERM "CHAPTER"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RELATES TO THE OPERATION OF MOTOR SCOOTERS, LIGHT MOTOR-DRIVEN CYCLES AND MOPEDS, TO PROVIDE THAT A PERMITTEE MUST BE ACCOMPANIED BY A MOTORCYCLE-LICENSED DRIVER WHEN DRIVING A MOTORCYCLE DURING CERTAIN HOURS, TO PROVIDE THE LOCATION THAT AN ACCOMPANYING DRIVER MUST BE POSITIONED, AND TO DELETE AN OBSOLETE PROVISION; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT


Printed Page 3854 . . . . . Wednesday, June 15, 2016

MOTOR-DRIVEN CYCLE, AND THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-180, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE ADDITIONAL LOCATIONS WHERE A LICENSEE MAY OPERATE A MOTOR VEHICLE, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, AND TO DELETE THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-185, RELATING TO THE REMOVAL OF THE RESTRICTIONS PLACED ON A CONDITIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A BEGINNER'S PERMIT, CONDITIONAL LICENSE, OR SPECIAL RESTRICTED LICENSE MAY NOT BE ISSUED TO A PERSON CONVICTED OF CERTAIN VIOLATIONS OF OPERATING A MOPED WHILE UNDER AGE OR WITHOUT A LICENSE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1710, RELATING TO THE DEFINITION OF THE TERM MOPED, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-1-1720, RELATING TO THE OPERATION OF A MOPED, SO AS TO REVISE THE FORM OF LICENSURE A PERSON MUST POSSESS TO OPERATE A MOPED, TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A MOPED OPERATOR'S LICENSE, TO REVISE THE TIME PERIOD WHEN CERTAIN PERSONS MAY OPERATE A MOPED, TO REVISE THE PENALTIES FOR A VIOLATION OF THIS PROVISION, AND TO DELETE THE PROVISION THAT PROHIBITS THE DEPARTMENT OF MOTOR VEHICLES FROM ISSUING A BEGINNER'S PERMIT OR A SPECIAL RESTRICTED LICENSE TO CERTAIN PERSONS CONVICTED OF A MOPED VIOLATION FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1730, RELATING TO THE ELIGIBILITY TO OBTAIN, SUSPENSION OF, AND REVOCATION OF A MOPED OPERATOR'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-2-2740, RELATING TO MOTOR VEHICLE REGISTRATION AND PROPERTY TAXES, SO AS TO PROVIDE FOR THE ISSUANCE OF MOPED VALIDATION DECALS, TO PROVIDE THE COST OF THE DECALS, AND TO PROVIDE THAT THE FEES COLLECTED FOR THE DECALS MUST BE USED TO DEFRAY THE COSTS OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING ARTICLE 3 TO CHAPTER 2, TITLE 56 SO AS TO PROVIDE FOR THE


Printed Page 3855 . . . . . Wednesday, June 15, 2016

REGISTRATION, TITLING, AND LICENSING OF MOPEDS, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE, TO REGULATE THE OPERATION OF A MOPED, AND TO REGULATE THE SALE OF A MOPED; BY ADDING SECTION 56-2-4000 SO AS TO PROVIDE A PENALTY FOR A VIOLATION OF CHAPTER 2, TITLE 56; TO AMEND SECTION 56-3-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-3-200, RELATING TO THE REGISTRATION OF A VEHICLE, SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE IS NOT REQUIRED TO REGISTER A MOPED; TO AMEND SECTION 56-3-250, RELATING TO THE REGISTRATION AND LICENSING OF A MOTOR VEHICLE ONCE ALL LOCAL PROPERTY TAXES ARE PAID, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOPED, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-3-630, AS AMENDED, AND SECTION 56-3-760, RELATING TO VEHICLES, CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES AND THE REGISTRATION FEE FOR CERTAIN VEHICLES, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLE" AND REPLACE IT WITH THE TERM "MOPED", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-5-120 AND 56-5-130, RELATING TO THE TERMS "VEHICLE" AND "MOTOR VEHICLE" AND THEIR DEFINITIONS, SO AS TO DELETE BOTH SECTIONS; TO AMEND SECTION 56-5-140, RELATING TO THE TERM "MOTORCYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-150, RELATING TO THE TERM "MOTOR-DRIVEN CYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-155, RELATING TO THE TERM "MOTORCYCLE THREE-WHEEL VEHICLE" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-165, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-361, RELATING TO THE TERM "PASSENGER CAR" AND ITS DEFINITION, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLES" AND ADD THE TERM "MOPEDS"; TO AMEND SECTION 56-5-410, RELATING TO THE TERM "OWNER" AND ITS DEFINITION, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-5-1550, RELATING TO THE OPERATION OF A MOTOR-DRIVEN CYCLE, SO AS TO DELETE


Printed Page 3856 . . . . . Wednesday, June 15, 2016

THIS SECTION; TO AMEND SECTION 56-5-1555, RELATING TO THE OPERATION OF A MOPED, SO AS TO RAISE THE MAXIMUM SPEED AT WHICH A MOPED MAY BE OPERATED; TO AMEND SECTION 56-4-4450, RELATING TO DISPLAY OF LIGHTS BY A VEHICLE DURING CERTAIN TIMES OF DAY, SO AS TO DELETE AN OBSOLETE PROVISION AND MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS CONTAINED IN THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE AND REVISE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-9-110, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN ACCIDENTS OR JUDGMENTS, SO AS TO DELETE THIS SECTION; TO AMEND SECTION 56-10-520, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT THIS SECTION APPLIES TO AN OPERATOR OF AN UNINSURED MOPED, WHO IS NOT THE REGISTERED OWNER OF THE MOPED, UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-535, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY AFTER A CONVICTION OF CERTAIN TRAFFIC OFFENSES, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO A REGISTERED OWNER OF A MOPED; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE"; TO AMEND SECTION 56-16-10, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURES, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTORCYCLE" AND REVISE THE TYPE OF VEHICLES REGULATED BY THIS CHAPTER; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-19-220, RELATING TO VEHICLES THAT ARE


Printed Page 3857 . . . . . Wednesday, June 15, 2016

EXEMPTED FROM THE REQUIREMENT TO OBTAIN A CERTIFICATE OF TITLE, SO AS TO MAKE A TECHNICAL CHANGE AND TO ADD MOPEDS TO THE LIST OF EXEMPTED VEHICLES; TO AMEND SECTION 38-77-30, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DELETE THE TERMS "MOTOR-DRIVEN CYCLES", "MOTOR SCOOTERS", AND "MOPEDS"; TO PROVIDE THAT A PERSON WHO SELLS, SOLICITS, OR ADVERTISES TO SELL CERTAIN MOPEDS PRIOR TO JULY 1, 2017, MUST LABEL THE MOPEDS WITH THEIR SPECIFICATIONS AND PROVIDE A METAL PLATE THAT IDENTIFIES THE VEHICLE, TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE CERTAIN MOPEDS WITHOUT THE METAL IDENTIFICATION PLATE, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS PROVISION; TO AMEND SECTION 56-5-2941, AS AMENDED, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON WHO VIOLATES CERTAIN PROVISIONS TO HAVE INSTALLED ON CERTAIN VEHICLES AN IGNITION INTERLOCK DEVICE, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE ON A MOPED; AND TO REPEAL ARTICLE 3, CHAPTER 5, TITLE 56 RELATING TO MOPED REGULATIONS.
Very respectfully,
Speaker of the House

Received as information.

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

Senator HEMBREE explained the veto.

Senator MALLOY spoke on the veto.

Motion Tabled

Senator MALLOY moved to continue the veto.

On motion of Senator HEMBREE, the motion to continue was laid on the table.

Senator MALLOY spoke on the veto.


Printed Page 3858 . . . . . Wednesday, June 15, 2016

Message from the House

Columbia, S.C., June 15, 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. 4492 (Word version) -- Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M.S. McLeod, Douglas, Henegan, Allison, G.M. Smith, Funderburk, Finlay and Pitts: A BILL TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.
Very respectfully,
Speaker of the House

Received as information.

H. 4492--REPORT OF THE
COMMITTEE OF CONFERENCE

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


Printed Page 3859 . . . . . Wednesday, June 15, 2016

INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.
On motion of Senator YOUNG, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator YOUNG explained the report.
Senator MALLOY spoke on the report.

Point of Quorum

At 11:18 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Bennett                   Bright
Campbell                  Campsen                   Cromer
Davis                     Fair                      Gambrell
Grooms                    Hembree                   Leatherman
Malloy                    Martin, Larry             Massey
McElveen                  Peeler                    Scott
Setzler                   Shealy                    Thurmond
Turner                    Verdin                    Young

A quorum being present, the Senate resumed.


Printed Page 3860 . . . . . Wednesday, June 15, 2016

Motion Adopted

On motion of Senator THURMOND, the Senate agreed to waive the one hour debate limit provided in Rule 15A.

Motion Under Rule 15A Failed

Senator THURMOND moved under the provisions of Rule 15A that the debate on the entire matter of H. 4492 be brought to a close.

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

Ayes 19; Nays 2

AYES

Alexander                 Bennett                   Bright
Campbell                  Campsen                   Cromer
Davis                     Fair                      Gambrell
Grooms                    Hembree                   Leatherman
Martin, Larry             Massey                    Peeler
Shealy                    Turner                    Verdin
Young

Total--19

NAYS

Malloy                    McElveen

Total--2

Having failed to receive the necessary vote, the motion failed.

Senator MALLOY resumed speaking on H. 4492.

Call of the Senate

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

Alexander                 Bennett                   Bright
Campbell                  Campsen                   Cromer
Davis                     Fair                      Gambrell
Grooms                    Hembree                   Leatherman
Malloy                    Martin, Larry             Massey
Peeler                    Shealy                    Turner
Verdin                    Young


Printed Page 3861 . . . . . Wednesday, June 15, 2016

A quorum was not present.

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned pursuant to H. 1336, the Sine Die Resolution.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
D. Kevin Morrow, 134 Chapel Rd., Union, SC 29379 VICE Jeffery Bailey

Initial Appointment, Lexington County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Brian N. Buck, Post Office Box 413, Irmo, SC 29063

Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
David L. Clary, 400 Forest Lane Dr., Gaffney, SC 29340 VICE Ben Taylor

Reappointment, York County Natural Gas Authority, with the term to commence March 1, 2016, and to expire March 1, 2019
Tega Cay:
Ellen M. Weir, 7016 Chelsea Day Lane, Tega Cay, SC 29708

Initial Appointment, Sumter County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Larry Blanding, 1021 Morton Street, Sumter, SC 29150



Printed Page 3862 . . . . . Wednesday, June 15, 2016

MOTION ADOPTED

On motion of Senators JACKSON, ALEXANDER, ALLEN, BENNETT, BRIGHT, BRYANT, CAMPBELL, CAMPSEN, CLEARY, COLEMAN, CORBIN, COURSON, CROMER, DAVIS, FAIR, GAMBRELL, GREGORY, GROOMS, HAYES, HEMBREE, HUTTO, JOHNSON, KIMPSON, LEATHERMAN, LOURIE, MALLOY, LARRY MARTIN, SHANE MARTIN, MASSEY, JOHN MATTHEWS, MARGIE BRIGHT MATTHEWS, McELVEEN, NICHOLSON, PEELER, RANKIN, REESE, SABB, SCOTT, SETZLER, SHEALY, SHEHEEN, THURMOND, TURNER, VERDIN, WILLIAMS and YOUNG, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Gary H. Lackey of Columbia, S.C. Gary began his career at Southern Bell while a high school student and retired from BellSouth in 2001. Gary enjoyed cooking and playing golf with his wife, Pamela. He was a member of Shandon United Methodist Church and later became a congregant at Trinity Episcopal Cathedral. Gary was a loving husband, devoted father and doting grandfather who will be dearly missed.

and

MOTION ADOPTED

On motion of Senator SHEALY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Annave McWaters of Clinton, S.C. Annave was active in her family's restaurant businesses in Clover and York, the Little Metro Restaurant, Thomason's Restaurant and The Pine Knob. She was a longtime member of Clover Presbyterian Church and a dedicated member of Circle One for many years. Annave was a loving mother and doting grandmother who will be dearly missed.

and



Printed Page 3863 . . . . . Wednesday, June 15, 2016

MOTION ADOPTED

On motion of 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, LOURIE, MALLOY, LARRY MARTIN, SHANE MARTIN, MASSEY, JOHN MATTHEWS, MARGIE BRIGHT MATTHEWS, McELVEEN, NICHOLSON, PEELER, RANKIN, REESE, SABB, SCOTT, SHEALY, SHEHEEN, THURMOND, TURNER, VERDIN, WILLIAMS and YOUNG, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Fred Roukos Sheheen of Camden, S.C. Mr. Sheheen was the father of our beloved Senator Vincent Sheheen. He was a graduate of Camden High School and Duke University. Mr. Sheheen worked as a reporter for The Charlotte Observer, an aide to S.C. Governor Donald Russell and the Commission on Higher Education. He was a dedicated supporter of the arts, very active in local and civic affairs and a lifelong supporter of the Democratic Party. Fred was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 11:36 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet under the provisions of H. 1336, the Sine Die Resolution.

* * *

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