NO. 13
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Proverbs 3:13
"Blessed if the one who finds wisdom, and the one who gets understanding."
Let us pray. Gracious and Almighty God, We dedicate this day to You as we press on to the challenges of this week. Before us is a new day filled with more to do than we can accomplish on our own. We reject the idea that all things work out and we ask You, O Lord, to work out all things. Lord, we believe that the tasks that we shall do this week are crucial for our State. Anoint the minds of all those who serve You here with vision and discernment that they may walk together to pass inspired legislation that will lift up the people of this State for generations to come. In Your holy name we pray, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 2:03 P.M., Senator SCOTT made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SCOTT moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Allen Bennett Campbell Campsen Climer Corbin Cromer Davis Fanning Goldfinch Gregory Grooms Hembree Hutto Malloy Martin Massey Nicholson Peeler Rice Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, Edgefield County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Joseph V. Mosley, 1445 Bettis Academy Rd., Trenton, SC 29847-2603 VICE Ms. Brenda B. Carpenter, resigned
The following was received:
Document No. 4922
Agency: Department of Labor, Licensing and Regulation
Chapter: 10
Statutory Authority: 1976 Code Sections 40-1-50 and 40-1-70
SUBJECT: Fee Schedules
Received by Lieutenant Governor January 14, 2020
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration: Permanently Withdrawn
Permanently Withdrawn February 4, 2020
Senator McELVEEN introduced Dr. Christopher Yeakel of Elgin, S.C., Doctor of the Day.
On motion of Senator CLIMER, at 6:01 P.M., Senator GOLDFINCH was granted a leave of absence for the balance of the day.
On motion of Senator TALLEY, at 6:01 P.M., Senator REESE was granted a leave of absence for the balance of the day.
Senator MASSEY rose for an Expression of Personal Interest.
Senator McELVEEN rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 906 (Word version) Sen. Rankin
S. 910 (Word version) Sen. Sabb
S. 998 (Word version) Sen. Gregory
The following were introduced:
S. 1069 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO CONTRACTOR PERFORMANCE EVALUATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4916, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1070 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1071 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-197 SO AS TO ESTABLISH THE "FIREFIGHTER CANCER HEALTH CARE BENEFIT PLAN" TO PROVIDE A SUPPLEMENTAL INSURANCE POLICY UPON A FIREFIGHTER BEING DIAGNOSED WITH CANCER AND TO SET FORTH THE BENEFITS CONTAINED IN THE POLICY; AND TO AMEND SECTIONS 38-7-30 AND 38-7-35, RELATING TO THE TAX ON FIRE INSURERS AND THE EXPENDITURE OF THE TAX, SO AS TO FUND THE PLAN.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1072 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR VANESSA ELLERBE WYCHE, A NATIVE OF CONWAY, SOUTH CAROLINA, ON THE OCCASION OF HER ADDRESS TO THE HISTORICALLY BLACK COLLEGES OF SOUTH CAROLINA ON MONDAY, FEBRUARY 10, 2020.
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The Senate Resolution was adopted.
S. 1073 (Word version) -- Senators Nicholson, Alexander, Allen, Bennett, Campbell, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Harpootlian, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Loftis, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Peeler, Rankin, Reese, Rice, Sabb, Scott, Senn, Setzler, Shealy, Sheheen, Talley, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO HONOR THE SALUDA HIGH SCHOOL FOOTBALL TEAM AND COACHES ON THEIR IMPRESSIVE WIN OF THE 2019 CLASS AA STATE CHAMPIONSHIP AND TO SALUTE THE PLAYERS ON A STUPENDOUS SEASON.
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The Senate Resolution was adopted. H. 4753 (Word version) -- Reps. Lucas, Allison, Chellis, Taylor, Oremus, McCravy, Robinson, Trantham, Kimmons, Calhoon, Yow, Thigpen, Henegan, Rivers, S. Williams, Wooten, Blackwell, Haddon, Hill and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 59 SO AS TO ENACT THE "TEACHER BILL OF RIGHTS", AND TO ENUMERATE THE BASIC RIGHTS TO WHICH ALL CERTIFIED PUBLIC SCHOOL TEACHERS IN THIS STATE ARE ENTITLED; BY ADDING SECTION 59-25-60 SO AS TO PROVIDE PUBLIC SCHOOL CLASSROOM TEACHERS AND FULL-TIME LIBRARIANS ARE ENTITLED TO AT LEAST A THIRTY-MINUTE DAILY PLANNING PERIOD FREE FROM THE INSTRUCTION AND SUPERVISION OF STUDENTS, TO PROVIDE EACH SCHOOL DISTRICT MAY SET FLEXIBLE OR ROTATING SCHEDULES FOR THE IMPLEMENTATION OF THESE DUTY-FREE PLANNING PERIODS, TO PROVIDE IMPLEMENTATION OF THESE PROVISIONS MAY NOT RESULT IN A LENGTHENED SCHOOL DAY, AND TO PROVIDE TEACHERS OR LIBRARIANS MAY REPORT ALLEGATIONS OF VIOLATIONS TO THE OMBUDSMAN OF THE STATE DEPARTMENT OF EDUCATION; AND BY ADDING SECTION 12-6-3810 SO AS TO PROVIDE CERTAIN PUBLIC SCHOOL TEACHERS WITH INCOME TAX CREDITS FOR RESIDENTIAL PROPERTY TAXES PAID.
Read the first time and referred to the Committee on Education.
H. 4936 (Word version) -- Reps. Ott, Forrest, Hixon, R. Williams and Jefferson: A BILL TO AMEND SECTION 50-13-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION OF NONGAME DEVICES, SO AS TO DELETE THE PROHIBITION ON THE POSSESSION OF A GAME FISH DEVICE WHILE POSSESSING OR USING A NONGAME DEVICE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4945 (Word version) -- Reps. Hewitt, Erickson, Bradley, Hiott, R. Williams, Jefferson, Rivers and Mace: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION SEAWARD OF THE BASELINE, SO AS TO ALLOW FOR CERTAIN EROSION CONTROL STRUCTURES TO HAVE THE DAMAGE ASSESSMENT BASED ON A SINGLE DISTINCT CONTINUOUS SEAWALL OR BULKHEAD RATHER THAN ON A LOT BY LOT BASIS.
Read the first time and referred to the Committee on Agriculture and Natural Resources. H. 5034 (Word version) -- Reps. Stavrinakis, McCoy, Sottile, Brown, Cogswell, Mace, Bennett, Moore, Matthews, Pendarvis and Hewitt: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO REVISE THE AREAS FROM WHICH BOARD MEMBERS ARE ELECTED.
Read the first time and ordered placed on the Local and Uncontested Calendar.
Senator MASSEY moved that when the Senate adjourns today, it stand adjourned to meet at 11:45 A.M. on Wednesday, February 5, 2020, for the purpose of attending a Joint Assembly and at the conclusion of the Joint Assembly, the Senate will stand in recess until 2:00 P.M.
The motion was adopted.
Senator MASSEY moved under Rule 32 to vary the order of the day in order to go the Uncontested Statewide Calendar.
Senator MALLOY asked unanimous consent to be heard on the motion.
There was not objection.
Senator MALLOY spoke on the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Leatherman Massey Peeler Rice Senn Setzler Shealy Talley Turner Verdin Young
Allen Fanning Hutto Johnson Kimpson Malloy Martin Matthews, Margie McElveen McLeod Nicholson Reese Scott Sheheen Williams
The motion to vary the order of the day failed.
Senator CAMPBELL from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 690 (Word version) -- Senators Campsen, Senn, Davis and Campbell: A BILL TO AMEND SECTION 48-22-40 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE SOUTH CAROLINA GEOLOGICAL SURVEY UNIT OF THE DEPARTMENT OF NATURAL RESOURCES, TO AUTHORIZE THE DIVISION TO CONDUCT TOPOGRAPHIC MAPPING USING LIGHT DETECTION AND RANGING (LiDAR) DATA COLLECTIONS TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL EMERGENCY MANAGEMENT AGENCY STANDARDS, TO REQUIRE THE DIVISION TO PROVIDE THIS INFORMATION TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FLOOD MITIGATION PROGRAM, AND TO REQUIRE THAT THE TOPOGRAPHIC MAPS BE MADE AVAILABLE TO THE PUBLIC ON THE DEPARTMENT OF NATURAL RESOURCES' WEBSITE.
Ordered for consideration tomorrow.
Senator CAMPBELL from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on: S. 868 (Word version) -- Senators Campsen and Campbell: A BILL TO AMEND SECTION 48-39-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S BEACH PRESERVATION POLICY, SO AS TO APPLY CERTAIN EXCEPTIONS TO THE ESTABLISHMENT OF A BASELINE FOR COASTAL EROSION ZONES AND TO REMOVE THE STUDY REQUIREMENT IN CASES WHERE PRIMARY OCEANFRONT SAND DUNES DO NOT EXIST.
Ordered for consideration tomorrow.
Senator CAMPBELL from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 870 (Word version) -- Senators Campsen, Setzler, J. Matthews, Reese, Jackson, Rankin, Alexander, Hutto, Grooms, Cromer, Sheheen, Davis, Nicholson, Gregory, Johnson, Hembree, McElveen, Shealy, Turner, Young, Sabb, Kimpson, Gambrell, Fanning, McLeod, Senn, Talley, Harpootlian, Malloy, Allen, M.B. Matthews, Williams and Rice: A BILL TO AMEND ARTICLE 2, CHAPTER 43, TITLE 48 OF THE 1976 CODE, RELATING TO OIL AND GAS EXPLORATION AND PRODUCTION, BY ADDING SECTION 48-43-300, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS PROHIBITED FROM APPROVING A PLAN, LICENSE, OR PERMIT APPLICATION FOR INFRASTRUCTURE USED TO FACILITATE THE TRANSPORTATION OF CRUDE OIL OR NATURAL GAS FROM THE ATLANTIC OCEAN INTO THIS STATE, OR FOR THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF OFFSHORE CRUDE OIL OR NATURAL GAS; TO AMEND SECTION 48-43-310 OF THE 1976 CODE, RELATING TO THE REQUIREMENT FOR AN EXPLORATION PERMIT AND THE DISPOSITION OF FUNDS COLLECTED, TO MAKE CONFORMING CHANGES; TO AMEND SECTION 48-43-390(H) OF THE 1976 CODE, RELATING TO PERMITS TO CONSTRUCT DEEP WATER PORT FACILITIES, TO MAKE CONFORMING CHANGES; TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6 OF THE 1976 CODE, RELATING TO PROVISIONS APPLICABLE TO SPECIAL PURPOSE DISTRICTS AND OTHER POLITICAL SUBDIVISIONS, BY ADDING SECTION 6-1-190, TO PROHIBIT THE APPROVAL OF A PLAN, LICENSE, OR PERMIT APPLICATION BY A CITY, COUNTY, MUNICIPALITY, OR OTHER LOCAL GOVERNMENT OR POLITICAL SUBDIVISION FOR INFRASTRUCTURE USED TO FACILITATE THE TRANSPORTATION OF CRUDE OIL OR NATURAL GAS FROM THE ATLANTIC OCEAN INTO THIS STATE, OR FOR THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF OFFSHORE CRUDE OIL OR NATURAL GAS; AND TO DEFINE NECESSARY TERMS.
Ordered for consideration tomorrow. Senator CAMPBELL from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4811 (Word version) -- Reps. Bailey, Hewitt, Hardee, Clemmons, Forrest, Hixon and Ligon: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE, SO AS TO ALLOW FOR THE PLACEMENT OF SHORELINE PERPENDICULAR WINGWALLS THAT EXTEND LANDWARD FROM THE ENDS OF EXISTING EROSION CONTROL STRUCTURES OR DEVICES.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 988 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 1 AND 2 OF ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION COMMITTEE, TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES NINETY DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE CHAIRMAN SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES ONE HUNDRED SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND TO PROVIDE THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN EIGHTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.
On motion of Senator SHEHEEN. S. 994 (Word version) -- Senators Malloy and McElveen: A BILL TO PROVIDE THAT EACH MEMBER OF THE LEE COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID ONE HUNDRED DOLLARS FROM LEE COUNTY "C" FUND REVENUES FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE MEMBERS OF THE LEE COUNTY TRANSPORTATION COMMITTEE SHALL RECEIVE PAYMENTS UPON THE ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE LEE COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX-OFFICIO, NONVOTING MEMBER OF THE LEE COUNTY TRANSPORTATION COMMITTEE.
On motion of Senator MALLOY.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 419 (Word version) -- Senators Hembree, Malloy, Turner, Setzler, Sheheen and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT", TO PROVIDE FOR A STATEWIDE COLLEGE AND CAREER READINESS GOAL, STUDENT EMPOWERMENT, THE CREATION OF THE ZERO TO TWENTY COMMITTEE, ENHANCEMENTS TO WORKFORCE PREPARATION, EDUCATOR DEVELOPMENT AND SATISFACTION, HELP FOR STUDENTS IN UNDERPERFORMING SCHOOLS, LOCAL SCHOOL BOARD ACCOUNTABILITY, AND MISCELLANEOUS PROVISIONS. (Abbr. Title)
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators MASSEY and SETZLER proposed the following amendment (419R040.SP.ASM), which was adopted:
Amend the bill, as and if amended, PART VII, page 65, line 8, by adding an appropriately numbered new SECTION to read:
/SECTION __. Article 19, Chapter 18, Title 59 of the 1976 Code is amended by adding: "Section 59-18-1970. Each local school district board of trustees shall adopt a streamlined template for a classroom teacher to use when preparing student learning objectives. Any data required on the template that is not specifically related to the teacher's direct interaction with and observation of a particular student must be prepared and provided by the district office." /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY spoke on the amendment.
The amendment was adopted.
Senators MARTIN and SHEALY proposed the following amendment (WAB\419C249.SM.WAB20):
Amend the bill, as and if amended, SECTION 50. A., pages 67-68, by deleting Section 59-1-425(A) and inserting:
/ "(A) A local school district board of trustees of the State has the authority to establish an annual school calendar for teachers, staff, and students and to establish the opening date for students. The statutory school term is one hundred ninety ninety-five days annually and 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 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 remaining five days may be used for teacher planning but must not include mandatory professional development, meetings, or 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." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN spoke on the amendment. Senator FANNING spoke on the amendment.
Senator SENN assumed the Chair.
At 4:50 P.M., the PRESIDENT assumed the Chair.
Senator FANNING continued speaking on the amendment.
Senator HEMBREE spoke on the amendment.
Senator HEMBREE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Gregory Grooms Hembree Hutto Jackson Kimpson Leatherman Loftis Malloy Matthews, Margie Peeler Rankin Sabb Senn Verdin
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Johnson Martin Massey McElveen McLeod Nicholson Rice Scott Setzler Shealy Sheheen Talley Turner Williams Young
The Senate refused to lay the amendment on the table.
Senator RANKIN spoke on the amendment.
On motion of Senator MARTIN, with unanimous consent and Senator RANKIN retaining the floor, moved that the Senate stand adjourned.
Senator MASSEY objected.
Senator RANKIN resumed speaking on the amendment.
Senator DAVIS assumed the Chair.
At 6:35 P.M., the PRESIDENT assumed the Chair.
Debate was interrupted by adjournment.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, Edgefield County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Joseph V. Mosley, 1445 Bettis Academy Rd., Trenton, SC 29847-2603 VICE Ms. Brenda B. Carpenter, resigned
On motion of Senator MALLOY, the Senate agreed to stand adjourned.
On motion of Senator VERDIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eugene Bedford Ross of Bennettsville, S.C. Eugene was an entrepreneur, philanthropist, pharmacist and avid golfer. He was an all-star high school athlete at Crystal Springs Consolidate High School. In 1948, he enlisted in the Air Force and served as a drill instructor during the Korean War. Eugene became a pharmacist and was a founder of Eureka Drug Store, Inc. in Laurens. He was a member of First United Methodist Church of Laurens, Marlboro Country Club and Lakeside Country Club. Eugene was a loving father and doting grandfather who will be dearly missed.
On motion of Senator VERDIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. C. W. "Bill" Hogan of Clinton, S.C. Bill was a businessman, U.S. Army veteran of World War II, radio station owner and sports announcer. Bill was inducted into the Laurens County Sports Hall of Fame in 2019. He served as president of the Laurens Chamber and the Rotary Club. He was a long time member of Saint Boniface Catholic Church. Bill was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 6:36 P.M., on motion of Senator MALLOY, the Senate adjourned to meet tomorrow at 11:45 A.M.
This web page was last updated on Tuesday, February 4, 2020 at 6:59 P.M.