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

Tuesday, January 27, 2015
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

We recall how the Apostle Paul wrote:

"We know that all things work together for good for those who love God, who are called according to his purpose."     (Romans 8:28)

Let us pray:

Holy God, we ask You to continue to bless South Carolina and her people in wondrous ways. As You have guided our leaders in the past, hear us as we urge You to continue embracing all who serve You in this governmental complex: these Senators, the Representatives, the Constitutional Officers, all of the staff members. Especially, by Your grace, Lord, may everyone who is a part of the Senate of South Carolina be motivated at all times to serve with honor and wisdom and integrity, ever strengthening our State, and bringing You, O God, even greater glory. We pray this in Your loving name, dear Lord. Amen.

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

Point of Quorum

At 12:05 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Campsen
Cromer                    Davis                     Hayes
Johnson                   Kimpson                   Leatherman
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  Nicholson
Peeler                    Reese                     Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Williams                  Young

A quorum being present, the Senate resumed.

Recorded Presence

Senators BRIGHT, CORBIN, O'DELL, VERDIN, FAIR, COLEMAN and HEMBREE recorded their presence subsequent to the Call of the Senate.

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Reappointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2014, and to expire June 30, 2018
Cooperative Credit Unions:
Hansel B. Hart, 3068 Kennerly Road, Irmo, SC 29063

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2014, and to expire July 1, 2016
Technical and Comprehensive Education:
Paul O. Batson III, 296 Roberts Circle, Greer, SC 29650 VICE vacant

Referred to the Committee on Education.

Reappointment, South Carolina Commission on Higher Education, with the term to commence July 1, 2012, and to expire July 1, 2016
At-Large:
Jennifer B. Settlemyer, 773 Harbor View Drive, Prosperity, SC 29127

Referred to the Committee on Education.

Reappointment, South Carolina Commission for the Blind, with the term to commence May 19, 2014, and to expire May 19, 2018
4th Congressional District:
Mary S. Sonksen, 102 Edgebrook Court, Spartanburg, SC 29302

Referred to the General Committee.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2015, and to expire May 19, 2022
2nd Congressional District:
Jack F. Wolfe, Jr., 2012 Johnson Marina Road, Chapin, SC 29036

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2013, and to expire June 30, 2018
2nd Congressional District:
Thomas M. Galardi, 140 Foxwood Drive, Aiken, SC 29803 VICE James Burns

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Human Affairs Commission, with the term to commence June 30, 2015, and to expire June 30, 2018
7th Congressional District:
Harold Jean Brown, Post Office Box 2376, Georgetown, SC 29442

Referred to the Committee on Judiciary.

Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2012, and to expire July 27, 2015
1st Congressional District:
William W. Peacock, 67 Greenleaf Road, Bluffton, SC 29910 VICE Sean McLernon

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Jobs Economic Development Authority, with the term to commence July 27, 2015, and to expire July 27, 2018
1st Congressional District:
William W. Peacock, 67 Greenleaf Road, Bluffton, SC 29910

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2012, and to expire June 30, 2016
1st Congressional District:
James A. Barber, 720 Talison Avenue, Number 100, Charleston, SC 29492 VICE Alpha T. Bailey

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Ports Authority, with the term to commence June 4, 2013, and to expire June 4, 2018
At-Large:
Kurt D. Grindstaff, 7 Catboat, Hilton Head Island, SC 29928 VICE Hon. Henry McMaster

Referred to the Committee on Transportation.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 4499
Agency: Department of Labor, Licensing and Regulation - Board of Architectural Examiners
Chapter: 11
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-3-50, and 40-3-60
SUBJECT: Applications and Fees
Received by Lieutenant Governor January 22, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4500
Agency: Department of Labor, Licensing and Regulation - State Athletic Commission
Chapter: 20
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-81-40, and 40-81-70
SUBJECT: Fees
Received by Lieutenant Governor January 22, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4501
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-8-20, 6-9-40, 40-1-50, and 40-1-70
SUBJECT: Amend Regulations 8-115, 8-601, 8-602, 8-604, 8-607, and 8-613
Received by Lieutenant Governor January 22, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4502
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Chapter: 39
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-15-40
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4503
Agency: Department of Labor, Licensing and Regulation - Board of Registration for Professional Engineers and Surveyors
Chapter: 49
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-22-60
SUBJECT: Fees
Received by Lieutenant Governor January 22, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4504
Agency: Department of Labor, Licensing and Regulation - Environmental Certification Board
Chapter: 51
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-23-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4505
Agency: Department of Labor, Licensing and Regulation - Board of Funeral Service
Chapter: 57
Statutory Authority: 1976 Code Sections 40-1-70, 40-19-50, and 40-19-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4506
Agency: Department of Labor, Licensing and Regulation - Board of Registration for Geologists
Chapter: 131
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-77-50, and 40-77-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4507
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Chapter: 93
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-35-60
SUBJECT: Fees [and Fee Schedule]
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4508
Agency: Department of Labor, Licensing and Regulation - Manufactured Housing Board
Chapter: 79
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-29-10
SUBJECT: Fees
Received by Lieutenant Governor January 22, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4509
Agency: Department of Labor, Licensing and Regulation - Board of Medical Examiners
Chapter: 81
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-47-10
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4510
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Chapter: 91
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-33-10
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4511
Agency: Department of Labor, Licensing and Regulation - Board of Examiners in Opticianry
Chapter: 96
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-38-60, and 40-38-250
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4512
Agency: Department of Labor, Licensing and Regulation - Board of Physical Therapy Examiners
Chapter: 101
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-45-50, and 40-45-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4513
Agency: Department of Labor, Licensing and Regulation - Board of Podiatry Examiners
Chapter: 134
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-51-40
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4514
Agency: Department of Labor, Licensing and Regulation - Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists
Chapter: 36
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-75-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4515
Agency: Department of Labor, Licensing and Regulation - Board of Examiners in Psychology
Chapter: 100
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-55-85
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Medical Affairs

Document No. 4516
Agency: Department of Labor, Licensing and Regulation - Real Estate Appraisers Board
Chapter: 137
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-60-10, and 40-60-50
SUBJECT: Annual Fee Schedule
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4517
Agency: Department of Labor, Licensing and Regulation - Real Estate Commission
Chapter: 105
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-57-60
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4518
Agency: Department of Labor, Licensing and Regulation - Residential Builders Commission
Chapter: 106
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-59-70, and 40-59-610
SUBJECT: Initial Fees
Received by Lieutenant Governor January 26, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4519
Agency: Department of Labor, Licensing and Regulation - Soil Classifier Advisory Council
Chapter: 108
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-65-70
SUBJECT: Fees
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4520
Agency: Department of Labor, Licensing and Regulation - Board of Veterinary Medical Examiners
Chapter: 120
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-69-60, and 40-69-70
SUBJECT: Fees
Received by Lieutenant Governor January 26, 2015
Referred to Committee on Agriculture and Natural Rescources

Document No. 4521
Agency: Department of Labor, Licensing and Regulation - Board of Pharmacy
Chapter: 99
Statutory Authority: 1976 Code Sections 40-1-70, 40-43-60(C) and (D)(8), 40-43-150(C), and 40-43-160
SUBJECT: Administrative Citations and Penalties; and Fines
Received by Lieutenant Governor January 23, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4535
Agency: Department of Labor, Licensing and Regulation
Chapter: 10
Statutory Authority: 1976 Code Sections 40-1-50 and 40-1-70
SUBJECT: Real Estate Commission
Received by Lieutenant Governor January 26, 2015
Referred to Committee Labor, Commerce and Industry

Document No. 4536
Agency: Department of Labor, Licensing and Regulation - State Athletic Commission
Chapter: 20
Statutory Authority: 1976 Code Sections 40-1-70 and 40-81-70
SUBJECT: Professional Boxing, Wrestling, Kick Boxing, Off the Street Boxing, and Mixed Martial Arts
Received by Lieutenant Governor January 26, 2015
Referred to Committee Labor, Commerce and Industry

Doctor of the Day

Senators LOURIE and CAMPSEN introduced Dr. Michael Finch of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 12:11 P.M., Senator MATTHEWS requested a leave of absence for Senator PINCKNEY.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 196 (Word version)     Sen. Shane Martin
S. 35 (Word version)     Sen. Shane Martin
S. 361 (Word version)     Sens. Cromer, Scott, Shealy
S. 25 (Word version)     Sen. Verdin
S. 28 (Word version)     Sen. Verdin
S. 129 (Word version)     Sen. Verdin
S. 130 (Word version)     Sen. Verdin

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 359 (Word version) -- Senators Sheheen and McElveen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR SHERIFF JIM MATTHEWS OF KERSHAW COUNTY FOR HIS OUTSTANDING CAREER IN LAW ENFORCEMENT AND TO CONGRATULATE HIM ON BEING NAMED THE SOUTH CAROLINA SHERIFFS' ASSOCIATION'S 2014 "SHERIFF OF THE YEAR."
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The Senate Resolution was adopted.

S. 360 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE HARRIETT SPEARS PIERCE, PROBATE JUDGE FOR KERSHAW COUNTY, UPON THE OCCASION OF HER RETIREMENT FROM THE BENCH AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 361 (Word version) -- Senators Hayes, Cromer, Shealy and Scott: A BILL TO AMEND SECTION 38-73-736, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATE REDUCTIONS FOR NON-YOUTHFUL OPERATORS, SO AS TO DELETE REFERENCES TO APPROVED DRIVER TRAINING REFRESHER COURSES AND TO REDUCE FROM SIX HOURS TO FOUR HOURS THE AMOUNT OF CLASSROOM TRAINING REQUIRED FOR APPROVED DRIVER TRAINING COURSES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 362 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2015, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2015-2016 ONLY.
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Read the first time and referred to the Committee on Finance.

S. 363 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 63-7-320 OF THE 1976 CODE, RELATING TO THE PROCESS OF IDENTIFYING AND REPORTING CHILD ABUSE AND NEGLECT, TO PROVIDE THAT IN THE EVENT THE ALLEGED ABUSED OR NEGLECTED CHILD IS A MEMBER OF AN ACTIVE DUTY MILITARY FAMILY, THE COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY THE DESIGNATED AUTHORITIES AT THE MILITARY INSTALLATION WHERE THE ACTIVE DUTY MILITARY SPONSOR IS ASSIGNED; TO AMEND SECTION 63-7-920, RELATING TO INVESTIGATIONS AND CASE DETERMINATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, TO PROVIDE THAT THE DEPARTMENT OR LAW ENFORCEMENT, OR BOTH, MAY COLLECT INFORMATION CONCERNING THE MILITARY AFFILIATION OF THE PERSON HAVING THE CUSTODY OR CONTROL OF THE CHILD SUBJECT TO AN INVESTIGATION AND MAY SHARE THIS INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES; TO AMEND SECTION 63-7-1990, RELATING TO THE CONFIDENTIALITY AND RELEASE OF RECORDS AND INFORMATION, TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO GRANT ACCESS TO THE RECORDS TO THE DESIGNATED MILITARY AUTHORITIES AT THE MILITARY INSTALLATION WHERE THE ACTIVE DUTY SERVICE MEMBER IS ASSIGNED; TO AMEND SECTION 63-11-80, RELATING TO CONFIDENTIAL INFORMATION WITHIN CHILD WELFARE AGENCIES, TO PROVIDE THAT NO OFFICER, AGENT, OR EMPLOYEE OF THE DEPARTMENT OR A CHILD WELFARE AGENCY SHALL DIRECTLY OR INDIRECTLY DISCLOSE INFORMATION LEARNED ABOUT THE CHILDREN, THEIR PARENTS OR RELATIVES, OR OTHER PERSONS HAVING CUSTODY OR CONTROL OF THEM, EXCEPT IN CASES INVOLVING CHILDREN IN THE CUSTODY OR CONTROL OF PERSONS WHO HAVE MILITARY AFFILIATION; AND TO MAKE TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 63-7-1990(B)(23).
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Read the first time and referred to the Committee on Judiciary.

S. 364 (Word version) -- Education Committee: A JOINT RESOLUTION TO EXTEND THE DEADLINE REQUIRING THE STATE BOARD OF EDUCATION TO APPROVE THE STATE READING PROFICIENCY PLAN FROM FEBRUARY 1, 2015, AS PROVIDED IN ACT 284 OF 2014, ALSO KNOWN AS THE "SOUTH CAROLINA READ TO SUCCEED ACT", TO JUNE 15, 2015.
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Read the first time and ordered placed on the Calendar without reference.

S. 365 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO DECLARE FEBRUARY 2015 AS TEEN DATING VIOLENCE AWARENESS MONTH THROUGHOUT SOUTH CAROLINA AND TO URGE THE GENERAL PUBLIC TO WORK TOWARD ENDING TEEN DATING VIOLENCE BY EMPOWERING YOUNG PEOPLE TO DEVELOP HEALTHIER RELATIONSHIPS, ASSISTING VICTIMS IN ACCESSING THE INFORMATION AND SUPPORTIVE SERVICES THEY NEED, CREATING BETTER AND MORE RESOURCES FOR YOUNG PEOPLE IN NEED, INSTITUTING EFFECTIVE INTERVENTION AND PREVENTION POLICIES IN SCHOOLS, AND ENGAGING IN DISCUSSIONS WITH FAMILY MEMBERS AND PEERS TO PROMOTE AWARENESS AND PREVENTION OF THE QUIET EPIDEMIC OF TEEN DATING VIOLENCE.
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The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 366 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO HONOR CAMDEN CITY COUNCILMEMBER WALTER M. LONG, JR., ON THE OCCASION OF HIS RETIREMENT FROM CITY COUNCIL, TO THANK HIM FOR HIS MANY YEARS OF OUTSTANDING PUBLIC SERVICE TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 367 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO HONOR CAMDEN CITY COUNCILMEMBER X. WILLARD POLK ON THE OCCASION OF HIS RETIREMENT FROM CITY COUNCIL, TO THANK HIM FOR HIS YEARS OF OUTSTANDING PUBLIC SERVICE TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 368 (Word version) -- Senators Sheheen and Malloy: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE EDWIN "BROTHER" MALLOY DAVIS, PROBATE JUDGE FOR CHESTERFIELD COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER ALMOST THREE DECADES OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 369 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO RECOGNIZE AND HONOR FRANCES STRICKLAND FOR HER SIGNIFICANT PARTICIPATION IN THE HORRY ELECTRIC COOPERATIVE, INC. AND TO CONGRATULATE HER UPON BEING NAMED THE COOPERATIVE'S 2015 RURAL LADY OF THE YEAR.
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The Senate Resolution was adopted.

H. 3387 (Word version) -- Reps. Clemmons, H. A. Crawford, Duckworth, Johnson, Goldfinch and Hardee: A CONCURRENT RESOLUTION TO CELEBRATE THAT UNIQUE AMERICAN DANCE FORM CALLED THE SHAG, SINCE 1984 THE OFFICIAL STATE DANCE OF SOUTH CAROLINA, AND TO DECLARE 2015 THE "YEAR OF THE SHAG DANCE" IN THE PALMETTO STATE.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3389 (Word version) -- Reps. Clemmons, Hardwick, H. A. Crawford, Goldfinch, Duckworth, Johnson, Yow and Hardee: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE GENERAL ASSEMBLY FOR THOSE WHO STOOD GUARD BOTH IN THE UNIFORMED AND COVERT SERVICES DURING THE COLD WAR ERA, TO RECOGNIZE THE VICTORY OF FREEDOM OVER COMMUNISM IN MANY NATIONS AS A RESULT OF THE SUCCESSFUL CONCLUSION OF THE COLD WAR, AND TO JOIN THE STATES OF KANSAS AND MAINE IN OFFICIALLY RECOGNIZING THE FIRST DAY OF MAY AS "COLD WAR VICTORY DAY".

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3395 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO SALUTE THE MCBEE HIGH SCHOOL GIRLS GOLF TEAM, COACH, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2014 CLASS AA STATE CHAMPIONSHIP TITLE.

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

H. 3418 (Word version) -- Reps. H. A. Crawford, Hardwick, Hardee, Johnson, Duckworth, Clemmons, Goldfinch, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clyburn, Cobb-Hunter, Cole, Collins, Corley, Crosby, Daning, Delleney, Dillard, Douglas, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Govan, Hamilton, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, TEACHERS, ADMINISTRATORS, AND STAFF OF SOCASTEE ELEMENTARY SCHOOL IN MYRTLE BEACH ON THEIR SCHOOL'S RECEIVING A 2014 NATIONAL BLUE RIBBON AWARD.

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

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 154 (Word version) -- Senators Shealy and Campsen: A BILL TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES, TO PROVIDE THE STATE BOARD OF EDUCATION MAY GRANT A WAIVER OF THE REQUIREMENTS IF A STUDENT'S INELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES IS DUE TO A LONG-TERM ABSENCE AS A RESULT OF A MEDICAL CONDITION, BUT THE STUDENT HAS BEEN MEDICALLY CLEARED TO PARTICIPATE OR FOR ANY OTHER REASONABLE CIRCUMSTANCE AS DETERMINED BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

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

S. 225 (Word version) -- Senators Cromer and Setzler: A JOINT RESOLUTION TO SUSPEND PROVISO 105.15 OF PART 1B OF THE 2014-2015 APPROPRIATIONS ACT, RELATING TO REIMBURSEMENT RATES PAID TO PHARMACIES PARTICIPATING IN THE STATE HEALTH PLAN BY CATAMARAN, THE CONTRACTED PHARMACY BENEFIT MANAGER FOR THE PLAN.

Ordered for consideration tomorrow.

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

S. 295 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-54-250 OF THE 1976 CODE, RELATING TO THE REQUIREMENT OF PAYMENT IN IMMEDIATELY AVAILABLE FUNDS, TO CHANGE THE REQUIREMENT FROM FIFTEEN THOUSAND DOLLARS TO ONE THOUSAND DOLLARS, AND TO REQUIRE THE SETTLEMENT OF THOSE FUNDS IN THE STATE'S ACCOUNT ON OR BEFORE TWO BANKING DAYS FOLLOWING THE DUE DATE OF THE TAX AS PROVIDED BY LAW.

Ordered for consideration tomorrow.

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

THIRD READING BILLS
SENT TO THE HOUSE

S. 8 (Word version) -- Senators L. Martin, Campsen, Hembree and Setzler: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, MAY BE REMOVED ONLY FOR CAUSE, AND THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE TERM, DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE ADJUTANT GENERAL MAY BE REMOVED FROM OFFICE; AND TO RATIFY AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO UPDATE REFERENCES TO HIS TITLE AND PROVIDE THAT THE ADJUTANT GENERAL'S MILITARY RANK IS MAJOR GENERAL AS OPPOSED TO BRIGADIER GENERAL, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI.

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

The Bill was read the third time and ordered sent to the House.

Recorded Vote

Senator VERDIN asked to be recorded as voting in favor of the Bill.

S. 9 (Word version) -- Senators Cleary, L. Martin, Campsen, Johnson and Alexander: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY AUTHORIZE RAFFLES TO BE OPERATED AND CONDUCTED BY RELIGIOUS, CHARITABLE, OR NONPROFIT ORGANIZATIONS FOR RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY PURPOSES, AND BY GENERAL LAW MUST DEFINE THE TYPE OF ORGANIZATION AUTHORIZED TO CONDUCT RAFFLES, PROVIDE THE STANDARDS FOR THEIR CONDUCT AND MANAGEMENT, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE FOR ANY OTHER LAW NECESSARY TO ENSURE THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLES ARE CONDUCTED.

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

The Bill was read the third time and ordered sent to the House.

Recorded Vote

Senator VERDIN asked to be recorded as voting in favor of the Bill.

DEBATE INTERRUPTED

S. 1 (Word version) -- Senators L. Martin, Peeler, Hayes, Campsen, Courson, Malloy, Fair, Grooms and Hembree: A BILL TO ENACT THE "2015 ETHICS REFORM ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTIONS 2-17-20 AND 2-17-25 RELATING TO LOBBYISTS, TO AMEND LOBBYIST AND LOBBYIST'S PRINCIPAL REGISTRATION FEES; TO AMEND SECTIONS 2-17-30, 2-17-35, AND 2-17-40 TO PROVIDE FOR LOBBYING FILING REPORT DATES FOR LOBBYISTS, LOBBYIST'S PRINCIPALS AND STATE AGENCIES; TO AMEND SECTION 2-19-70 TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A JUDICIAL OFFICE FOR TWO YEARS AFTER SERVICE IN THE GENERAL ASSEMBLY AND TO PROHIBIT DIRECT OR INDIRECT PLEDGES FOR JUDICIAL CANDIDATES UNTIL THE TIME PRESCRIBED BY LAW; TO AMEND SECTION 8-13-130 TO PERMIT THE SENATE AND HOUSE ETHICS COMMITTEES TO LEVY A FEE ON A PERSON WHO COMMITTED AN ETHICS VIOLATION FOR REIMBURSEMENT FOR THE INVESTIGATION AND HEARING; BY AMENDING CHAPTER 13, ARTICLES 3 AND 5 OF TITLE 8, TO PROVIDE FOR THE DUTIES AND PROCEDURES OF THE SOUTH CAROLINA ETHICS COMMISSION AND TO PROVIDE FOR THE DUTIES AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 8-13-700, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, TO PROHIBIT PRIVATE BUSINESS DEALINGS DURING HOURS FOR WHICH A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS COMPENSATED FOR GOVERNMENTAL SERVICES AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE MUST RECUSE HIMSELF; TO AMEND SECTIONS 8-13-720 AND 8-13-725 BY PROVIDING FOR ADDITIONAL PENALTIES; TO AMEND SECTION 8-13-755 TO PROHIBIT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE FROM LOBBYING OR ACCEPTING EMPLOYMENT IN AN AREA IN WHICH THE OFFICIAL, MEMBER, OR EMPLOYEE DIRECTLY AND SUBSTANTIALLY PARTICIPATED DURING HIS PUBLIC SERVICE; TO ADD SECTION 8-13-756 TO PROVIDE SOME EXCEPTIONS IN THE PROHIBITION AGAINST FINANCIAL GAIN FOR HIGHER EDUCATION EMPLOYEES WHO PARTICIPATE IN THE DEVELOPMENT OF INTELLECTUAL PROPERTY; TO AMEND SECTION 8-13-775 TO PROVIDE WHEN A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE MAY NOT PARTICIPATE IN THE AWARDING OF A GOVERNMENT CONTRACT; TO AMEND SECTION 8-13-870 TO ELIMINATE THE OPTION FOR THE STATE ETHICS COMMISSION TO ISSUE AN ORAL WARNING OR REPRIMAND; TO AMEND SECTION 8-13-790 TO REQUIRE RECOVERY OF THE VALUE OF ANYTHING RECEIVED BY A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IN VIOLATION OF CHAPTER 13, ARTICLES 1-11 OF TITLE 8; TO AMEND SECTION 8-13-360 TO REQUIRE THE STATE ETHICS COMMISSION TO PROVIDE FOR ELECTRONIC FILINGS ACCESSIBLE TO THE PUBLIC; TO AMEND SECTION 8-13-1110 FOR TECHNICAL CHANGES AND TO PROVIDE THAT ALL SALARIED MEMBERS OF A BOARD, COMMISSION, OR AGENCY MUST FILE A STATEMENT OF ECONOMIC INTERESTS AND TO REMOVE THE REQUIREMENT THAT DIRECTORS OF A DIVISION, INSTITUTION, OR FACILITY MUST FILE A STATEMENT OF ECONOMIC INTERESTS; TO AMEND SECTION 8-13-1120, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, TO FURTHER PROVIDE FOR THESE CONTENTS; TO ADD SECTIONS 8-13-1145 AND 8-13-1364 TO PROVIDE FOR ELECTRONIC NOTICE OF OBLIGATION TO FILE A REPORT WITH THE APPROPRIATE SUPERVISORY OFFICE; TO AMEND SECTIONS 8-13-1170 AND 8-13-1372 TO ELIMINATE CONFIDENTIALITY OF TECHNICAL VIOLATIONS; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-365 TO PROVIDE FOR ELECTRONIC FILINGS WITH THE STATE ETHICS COMMISSION; TO AMEND SECTIONS 8-13-1308 AND 8-13-1309 TO PROVIDE FOR PRE-ELECTION REPORTS TO BE FILED FIVE DAYS BEFORE AN ELECTION; TO ADD SECTION 8-13-1311 TO ESTABLISH FILING REQUIREMENTS OF INDEPENDENT EXPENDITURE-ONLY COMMITTEES; TO ADD SECTION 8-13-1313 TO ESTABLISH FILING REQUIREMENTS OF A PERSON, WHO IS NOT A COMMITTEE, WHO MAKES AN INDEPENDENT EXPENDITURE; TO ADD SECTION 8-13-1315 TO PROVIDE CERTAIN PROHIBITIONS AGAINST AN ELECTED OFFICIAL OR CANDIDATE FOR PUBLIC OFFICE COORDINATING WITH AN INDEPENDENT EXPENDITURE-ONLY COMMITTEE; TO AMEND SECTION 8-13-1318, RELATING TO THE ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1320 TO PROVIDE A TIME FRAME FOR WHEN CONTRIBUTIONS ARE ATTRIBUTED TO A PRIMARY RUN-OFF; TO AMEND SECTION 8-13-1322 TO PROVIDE THAT COMMITTEE CONTRIBUTION LIMITS DO NOT APPLY TO AN INDEPENDENT EXPENDITURE-ONLY COMMITTEE; TO AMEND SECTION 8-13-1328 TO ELIMINATE PROVISIONS CONCERNING CANDIDATE LOAN REPAYMENTS AS IT APPLIES TO THE CANDIDATE'S FAMILY MEMBERS; TO ADD SECTION 8-13-1337, TO CLARIFY WHO MAY NOT SOLICIT CONTRIBUTIONS, NOR PROVIDE EMPLOYMENT ADVANTAGES OR DISADVANTAGES BASED UPON A CONTRIBUTION; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER, OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, TO DELETE AN EXCEPTION FOR A COMMITTEE, OTHER THAN THE CANDIDATE'S COMMITTEE, CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 8-13-1344 TO PROVIDE RESTRICTIONS ON A CANDIDATE, COMMITTEE, OR POLITICAL PARTY FROM OFFERING AN INCENTIVE TO ENDORSE A CANDIDATE; TO AMEND SECTION 8-13-1348 TO PROHIBIT USE OF CAMPAIGN FUNDS TO PAY PENALTIES FROM CRIMINAL PROSECUTION AND TO PROVIDE FOR ADDITIONAL PENALTIES; TO AMEND SECTION 8-13-1356 TO REQUIRE A CANDIDATE FOR COUNTYWIDE, OR LESS THAN COUNTYWIDE OFFICE, TO FILE A STATEMENT OF ECONOMIC INTERESTS; TO REPEAL SECTIONS 8-13-1160, 8-13-1180, 8-13-1310, 8-13-1350, 8-13-1358, 8-13-1362, AND 8-13-1366; AND TO PROVIDE FOR TECHNICAL AND CONFORMING CHANGES.

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

Senator LARRY MARTIN explained the Bill.

Debate was interrupted by adjournment.

Motion Adopted

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

REPORT RECEIVED

Joint Transportation Review Committee

SENATOR LAWRENCE K. GROOMS                 DAVID J. OWENS
Chairman                                   CHIEF OF STAFF

KENNETH M. MOFFITT

CHIEF COUNSEL
SENATOR HUGH K. LEATHERMAN, SR.             RICHARD P. FULMER
SENATOR GERALD MALLOY                     HOUSE OF REPRESENTATIVES COUNSEL
SENATOR HARVEY S. PEELER, JR.                 ARYN BAXA
SENATOR CHAUNCEY K. GREGORY               EXECUTIVE ASSISTANT
REPRESENTATIVE DEBORAH A. LONG
REPRESENTATIVE WILLIAM R. WHITMIRE           1105 P3NEL35ON W54335, SUITE 203
REPRESENTATIVE MERITA A. "RITA" ALLISON       P. O. BOX 142 COLUMBIA, SC
MR. PATTERSON SMITH                       STRANSCOMM@SCSENATE.GOV
MR. REID BANKS

FINAL REPORT OF QUALIFICATIONS

The Joint Transportation Review Committee met on Wednesday, January 21, 2015, to consider the qualifications of applicants for the 3rd District of the South Carolina Department of Transportation Commission. The Committee unanimously made the following findings:

Dr. Ben H. Davis, Jr., Greenwood -- QUALIFIED

Mr. Rhett Dominick, Greenwood -- QUALIFIED

This report became final at 9:00 a.m. on Monday, January 26, 2015. Candidates may now solicit pledges of votes. Members of the General Assembly are now free to pledge votes to elect a candidate.

Relating to the election, Section 57-1-325 of the South Carolina Code of Laws stipulates:

Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.

The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as commissioner. The Governor shall then issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Further, Section 57-1-330 stipulates that "[f]or the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides."

Contact: David Owens - 803.212.6402

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MOTION ADOPTED

On motion of Senators ALLEN, FAIR, ALEXANDER, BENNETT, BRIGHT, BRYANT, CAMPBELL, CAMPSEN, CLEARY, COLEMAN, CORBIN, COURSON, CROMER, DAVIS, GREGORY, GROOMS, HAYES, HEMBREE, HUTTO, JACKSON, JOHNSON, KIMPSON, LEATHERMAN, LOURIE, MALLOY, LARRY MARTIN, SHANE MARTIN, MASSEY, MATTHEWS, McELVEEN, NICHOLSON, O'DELL, PEELER, PINCKNEY, 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. C. Thomas Wyche of Greenville, S.C. Mr. Wyche graduated from Yale University with an electrical engineering degree, served in the U.S. Navy, and later received a law degree from the University of Virginia. Tommy was a brilliant lawyer, one of our nation's greatest conservationists, and a Greenville philanthropist. He had numerous talents and hobbies including photography, writing, playing the piano and tennis. Tommy was the recipient of over thirty honors and awards including the Order of the Palmetto. He was a loving father and doting grandfather who will be missed dearly by his family, friends and community.

and

MOTION ADOPTED

On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Edgar Dinkins of Sumter, S.C. Mr. Dinkins devoted his life's journey to Christian ministry that centered on purposeful living, serving his church, family and community. He worked for Becker Sand and Gravel for more than forty years and following retirement, he worked at Williams Funeral Home. He was a loving father and devoted grandfather who will be dearly missed.

ADJOURNMENT

At 1:29 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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