Thursday, June 7, 2007
(Statewide Session)
3430
THURSDAY, JUNE 7, 2007
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Near the end of the book, Exodus, we read:
“Then Moses set up the courtyard around the tabernacle and altar and put up the curtain at the entrance to the courtyard. And so Moses finished the work.” (Exodus 40:33)
Bow in prayer with me, friends:
Even as Moses experienced it, completing one’s work is truly a significant reality. Gracious Lord, how we wish on this last regular day in this 117th Session that such might be where we find ourselves today. However, as of this moment, that does not appear to be the case. So we ask Your blessing upon those matters that have been wrapped up already, dear God, and we fully anticipate Your faithful blessings as we gather again in a few weeks to “finish the work.” We thank you for each of these servants of Yours here in this Senate, Lord, as well as their hard-working aides. Continue to lead them, guide them, and inspire them all until they, too, might hear You say for yet another year: “Well done, good and faithful servants.” In Your loving name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Point of Quorum
At 10:12 A.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 Anderson Bryant
Campsen Cromer Drummond
Elliott Fair Ford
Grooms Hawkins Hutto
Knotts Land Leatherman
Leventis Lourie Malloy
Martin Matthews McConnell
Moore O’Dell Peeler
Pinckney Reese Ritchie
Ryberg Scott Setzler
Sheheen Short Thomas
Vaughn Verdin
A quorum being present, the Senate resumed.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable Mark C. Sanford:
Local Appointments
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Tracey Lynn Carroll, 113 Englewood Road, Aiken, S.C. 29803
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Gibson O'Neal Fallaw, Jr., 394 Farm View Rd., Batesburg, S.C. 29006
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Patrick Dorn Sullivan, 200 Main St., Jackson, S.C. 29831
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Sheridan Lee Lynn, Jr., 1115 Highview Ave., North Augusta, S.C. 29841
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Donna H. Williamson, 13 Hollow Creek Circle, Salley, S.C. 29137
Reappointment, Aiken County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Carl S. Insley, P. O. Box 636, Langley, S.C. 29834
Reappointment, Barnwell County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
James H. Witherspoon, Jr., P. O. Box 943, Barnwell, S.C. 29812
Reappointment, Barnwell County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Lawson J. Holland, P. O. Box 929, Barnwell, S.C. 29812
Reappointment, Barnwell County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Jimmy W. Gantt, Jr., 3772 Dexter Street, Blackville, S.C. 29817-2307
Reappointment, Barnwell County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Alfred W. Flynn, P. O. Box 485, 12245 Main Street, Williston, S.C. 29853
Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
Barry G. Medley, 230 Worth's Trail, Gaffney, S.C. 29340 VICE Jack E. McAbee
Reappointment, Chester County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
William Ralph Garris, 200 Magnolia Ave., Great Falls, S.C. 29055
Reappointment, Chester County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
R. Lonnie Sloan, 519 Cradle Street, Chester, S.C. 29706
Reappointment, Chester County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Benjamin T. Murdock, P. O. Box 175, 722 Murdock Rd., Richburg, S.C. 29729
Reappointment, Fairfield County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Edward Gendron "Gen" Palmer VI, 1514 Valencia Rd., Ridgeway, S.C. 29130
Reappointment, Fairfield County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
William F. Pope, 115-B South Congress Street, Winnsboro, S.C. 29180
Reappointment, Fairfield County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Jerry Reed, 665 Keller Lane, Jenkinsville, S.C. 29065
Reappointment, Fairfield County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
William M. Estes III, 4323 State Highway 269, Winnsboro, S.C. 29180
Reappointment, Fairfield County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Carol A. Tolen, 120 West Washington Street, Winnsboro, S.C. 29180
Reappointment, Greenwood County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Bart S. McGuire, 119 Pucketts Cove, Greenwood, S.C. 29649
Reappointment, Greenwood County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Leisa R. Hotchkiss, 716 Wingert Rd., Greenwood, S.C. 29649
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Monte Lewis Harrelson, 1633 West Harrelson Rd., Loris, S.C. 29569
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Harry Davis McDowell, 3817 Walnut Street, Loris, S.C. 29569
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Margie Bellamy Livingston, 1709 Horry Street, P.O. Box 1434, Conway, S.C. 29528
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Bradley D. Mayers, 1201 3rd Ave., Suite 230, Conway, S.C. 29526
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Dennis Earl Phipps, 3450 Green Sea Road South, Loris, S.C. 29569
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Gerald Thomas Whitley, Jr., 1207 Golfview Dr., North Myrtle Beach, S.C. 29582
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Aaron C. Butler, P. O. Box 3281, 1830 Spivey Ave., Conway, S.C. 29528
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
G. Derek Blanton, 6905 Woodhaven Drive, Myrtle Beach, S.C. 29588
Reappointment, Horry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
James O. Hughes, Jr., P. O. Box 92, Aynor, S.C. 29511
Reappointment, Kershaw County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Michael Scott Rankin, 1704 Fair Street, Camden, S.C. 29020
Reappointment, Kershaw County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Roderick M. Todd, Jr., 407 Chesnut Street, Camden, S.C. 29020
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Thomas B. Abraham, 465 Buzhardt Road, Pomaria, S.C. 29126
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Richard C. Lail, 1723 Broad River Road, Pomaria, S.C. 29126
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Harold A. Cuff, 516 Motley Road, Hopkins, S.C. 29061
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Valerie R. Stroman-Boyd, P. O. Box 9381, Columbia, S.C. 29290
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Michael R. Davis, 123 Saddlemount Drive, Hopkins, S.C. 29061
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Clevette L. Hudnell, 6904 Gavilan Ave., Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Samuel Peay, 954 Campanella Drive, Columbia, S.C. 29293
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Philip F. Newsom, 211 Polo Hill Rd., Columbia, S.C. 29223
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Donald Jeffrey Simons, 215 Willie Wilson Rd., P. O. Box 762, Eastover, S.C. 29044
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Nikiya M. Hall, 5003 Homes Ave., Columbia, S.C. 29203
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Caroline W. Streater, 6901 Longbrook Rd., Columbia, S.C. 29206
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Kirby D. Shealy, Jr., 230 Latonea Drive, Columbia, S.C. 29210
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Melvin W. Maurer, 161 Midhurst Court, Irmo, S.C. 29063
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
George Anderson Surles, 113 Bostwick Ridge, Columbia, S.C. 29229
Reappointment, Richland County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Willie H. Womble, Jr., 6707 Formosa Dr., Columbia, S.C. 29206
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
James D. Willingham II, 105 Edge Road, Moore, S.C. 29369 VICE John Poole
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Carolyn G. Lemmon, 9 Gardner Loop, Kingstree, S.C. 29556
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Glen A. Kennedy, 661 Carrols Rd., Greeleyville, S.C. 29506
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
William Ellerbe Ackerman, Jr., P. O. Box 303, Andrews, S.C. 29510
MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 6, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my signature S. 20, R-85.
(R85, S20) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38‑71‑280 SO AS TO REQUIRE HEALTH INSURANCE COVERAGE, INCLUDING COVERAGE UNDER THE STATE HEALTH PLAN, FOR AUTISM SPECTRUM DISORDER AND TO DEFINE “AUTISM SPECTRUM DISORDER” AS AUTISTIC DISORDER, ASPERGER’S SYNDROME, AND NOT OTHERWISE SPECIFIED PERVASIVE DEVELOPMENTAL DISORDER.
This Bill requires health insurers to provide mandated coverage for treatment of Autism spectrum disorder, which includes Autistic Disorder, Asperger's Syndrome, and other Pervasive Developmental Disorders.
My prayers go out to any family afflicted with any of these disorders, and it is for this reason that we have consistently pushed for scholarship programs for the parents of children with special needs. Early intervention can make a vital difference for children with autism. It was our view that carving off a small part of the $5 billion presently spent on education to allow parents the choice on where and how they choose to have their child educated was key to bettering this situation for affected families. In some cases, families have gotten over $100,000 a year in these programs to get the kind of individualized attention their child required. Ironically some of the biggest supporters of this Bill were some of the staunchest critics of the educational choice programs that have proven to help families affected by autism in other states.
In addition to believing that there are better ways of dealing with this very real need, the other question of this Bill lies in whether helping to remedy these families’ challenges creates equal or greater challenges for other families. This Bill does not deal with an additional revenue stream as our educational proposals would have, but creates a new one. It was for this reason that when a similar Bill crossed my desk two years ago mandating health insurance plans to provide coverage for the treatment of mental illness, I said going forward I would be “overwhelming predisposed to veto any other mandated coverage.” Unfortunately, this Bill goes down this path of imposing another government mandate for particular types of health services.
There are only three variables in the financing of health care: cost, access and quality. As we push on one, we affect the other two. This Bill would undeniably raise the quality of insurance packages for families with autistic children - but doing so would correspondingly increase the cost, and consequently lower the access to health insurance, for many other families across our State.
Unfortunately, one of the greatest obstacles to health care in South Carolina is that we have, in some cases, priced insurance coverage out of reach for our citizens. Mandates increase the cost of health insurance premiums to the individual and overall costs to employers. In the case of this legislation, it is also estimated to increase costs to the State Health Plan by $10.5 million in the next year.
The Department of Insurance reports more than 30 different benefits are mandated in South Carolina affecting health care insurance coverage, and in total these mandates cost South Carolina families almost $500 a year. Projected estimates are that this mandate will add another $48 annually to insurance policies.
Additionally, in some cases, these mandates create health care cost inflation because of demand for services that would be unlikely without the mandate itself. Take for instance the state Medicaid programs’ mandated requirement to provide chiropractic coverage to all of its beneficiaries, including children. The fastest growing area of chiropractic care there is now for children under the age of 6 which is somewhat bizarre given the physical nature of the spine at that age.