THURSDAY, MARCH 13, 2014
Thursday, March 13, 2014
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
After the Lord God had outlined his promises to him, “Abraham fell facedown; he laughed and said to himself, ‘Will a son be born to a man a hundred years old? Will Sarah bear a child at the age of ninety?’ ” (Genesis 17:17)
Please, join me as we pray:
O God, we are acutely aware that Your promises to those You love and care for continue to be fulfilled, even here in our own day and time. So we pray that You will help everyone in this Senate, Lord -- like Abraham of old -- to be faithful to Your teachings, to strive to honor You in every regard, to serve You with hearts full of love and care. Though there perhaps might not be laughter at every turn, may this Body be ever aware of the enormity of its responsibilities, and may these leaders unfailingly continue to provide wise and beneficial guidance for our State. 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 11:03 A.M., Senator PEELER 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:
Bennett Bryant Campbell
Corbin Courson Cromer
Davis Fair Grooms
Johnson Kimpson Martin, Larry
Martin, Shane Massey McElveen
McGill Nicholson Peeler
Setzler Shealy Thurmond
Turner Verdin Williams
A quorum being present, the Senate resumed.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable Nikki Randhawa Haley:
Local Appointment
Reappointment, York County Natural Gas Authority, with the term to commence March 1, 2013, and to expire March 1, 2016
Ellen Weir, 7016 Chelsea Day Lane, Tega Cay, SC 29708
MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
March 10, 2014
Mr. President and Members of the Senate:
I am transmitting herewith notice of my intent to withdraw my nomination of Mr. Michael C. Bolchoz for appointment to the South Carolina Probation Pardon and Parole Board. This appointment is made with advice and consent of the Senate and is therefore submitted for your consideration:
Respectfully,
Nikki R. Haley
Withdrawal of Statewide Appointment
Initial Appointment, South Carolina Probation Pardon and Parole Board, Congressional District 1, with term to commence March 15, 2013, and to expire March 15, 2019
Michael C. Bolchoz, 255 Belfast Road, Charleston, S.C. 29407 VICE Orton Bellamy
Appointment Withdrawn
On motion of Senator LARRY MARTIN, the Senate acceded to the Governor’s request and the Clerk was directed to return the appointment to the Governor.
Doctor of the Day
Senator LEATHERMAN introduced Dr. Coy Irvin of Florence, S.C., Doctor of the Day. Dr. Irvin is Chief Medical Officer of McLeod.
Leave of Absence
On motion of Senator THURMOND, at 11:05 A.M., Senator MALLOY was granted a leave of absence for today.
Leave of Absence
On motion of Senator GROOMS, at 1:30 P.M., Senator CAMPBELL was granted a leave of absence for the balance of the day.
CO-SPONSORS ADDED
The following co-sponsors were added to the respective Bills:
S. 916 Sen. Turner
S. 1121 Sen. Larry Martin
S. 865 Sen. McGill
S. 103 Sen. Alexander
ACTING PRESIDENT PRESIDES
Senator CROMER assumed the Chair.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1119 -- Senators Grooms, Young, Verdin, Corbin and Shealy: A CONCURRENT RESOLUTION TO MAKE APPLICATION BY THE STATE OF SOUTH CAROLINA UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION FOR A CONVENTION OF THE STATES TO BE CALLED RESTRICTED TO PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT THROUGH A BALANCED BUDGET AMENDMENT.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
S. 1120 -- Senators Hayes, L. Martin and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 16-3-2010, RELATING TO HUMAN TRAFFICKING DEFINITIONS, SO AS TO DEFINE "COERCION"; BY AMENDING SECTION 16-3-2020, RELATING TO HUMAN TRAFFICKING OFFENSES, SO AS TO PROVIDE THAT A PERSON IS CONSIDERED A TRAFFICKER IF THE PERSON SOLICITS OR PARTICIPATES IN PROSTITUTION WITH ANOTHER PERSON KNOWING THAT THE OTHER PERSON IS A HUMAN TRAFFICKING VICTIM, TO PROVIDE THAT A VICTIM CONVICTED OF A HUMAN TRAFFICKING VIOLATION OR PROSTITUTION MAY MOTION THE COURT TO VACATE THE CONVICTION, AND TO PROVIDE THAT A VICTIM IS NOT SUBJECT TO PROSECUTION FOR HUMAN TRAFFICKING OR PROSTITUTION IF THE VICTIM WAS A MINOR AT THE TIME OF THE OFFENSE, AND TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CRIMINAL ACTION; BY AMENDING SECTION 16-3-2030, RELATING TO BUSINESSES AND HUMAN TRAFFICKING, SO AS TO PROVIDE THAT A COURT MAY CONSIDER DISGORGEMENT OF PROFIT FROM A BUSINESS INVOLVED IN HUMAN TRAFFICKING AND DISBARMENT FROM GOVERNMENT CONTRACTS; BY AMENDING SECTION 16-3-2040, RELATING TO HUMAN TRAFFICKING RESTITUTION, SO AS TO PROVIDE THAT THE COURT MAY ORDER AN AMOUNT REPRESENTING THE VALUE OF THE VICTIM'S LABOR OR SERVICES; BY AMENDING SECTION 16-3-2050, RELATING TO THE HUMAN TRAFFICKING TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE MAY MAKE GRANTS OR CONTRACTS TO DEVELOP OR EXPAND VICTIM SERVICE PROGRAMS; BY AMENDING SECTION 16-3-2060, RELATING TO HUMAN TRAFFICKING CIVIL ACTIONS, SO AS TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CIVIL ACTION; BY AMENDING SECTION 16-3-2070, RELATING TO VICTIMS' RIGHTS AND THE STATE CRIME VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT HUMAN TRAFFICKING VICTIMS ARE CONSIDERED VICTIMS REGARDLESS OF IMMIGRATION STATUS, TO PROVIDE THAT THE PICTURES AND IMAGES OF VICTIMS MUST BE KEPT CONFIDENTIAL, AND TO PROVIDE THE PROTOCOL A LAW ENFORCEMENT OFFICER SHALL FOLLOW WHEN INTERACTING WITH A VICTIM; AND BY ADDING SECTION 16-3-2100, SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESSES.
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Read the first time and referred to the Committee on Judiciary.
S. 1121 -- Senators Campbell, Setzler, McElveen and L. Martin: A BILL TO AMEND CHAPTER 5, TITLE 39 OF THE 1976 CODE, RELATING TO UNLAWFUL TRADE PRACTICES, TO PROVIDE THAT BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT ARE UNLAWFUL TRADE PRACTICES, TO PROVIDE FOR THE FACTORS THAT A COURT MAY CONSIDER WHEN MAKING A BAD FAITH DETERMINATION, TO PROVIDE THAT A CLAIM FOR RELIEF UNDER 35 U.S.C. SECTION 271(E)(2) OR 42 U.S.C. SECTION 262 SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE, TO PROVIDE FOR CONSIDERATION BY THE COURT, TO PROVIDE THAT ENFORCEMENT ACTIONS MAY BE BROUGHT BY THE ATTORNEY GENERAL AND THE RECIPIENT OF A BAD FAITH ASSERTION OF PATENT INFRINGEMENT, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE ARTICLE, TO PROVIDE THAT THIS ARTICLE DOES NOT LIMIT THE ATTORNEY GENERAL'S AUTHORITY TO PURSUE OTHER ALLEGATIONS OF UNLAWFUL TRADE PRACTICES, AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Judiciary.
S. 1122 -- Senator Jackson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE PASSING OF DR. WILLIAM JOHN LARKIN, JR., OF RICHLAND COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1123 -- Senator Cromer: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE NEWBERRY HIGH SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2014 CLASS AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
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The Senate Resolution was adopted.
H. 4871 -- Reps. Harrell, Owens, Bannister, Erickson, Forrester, Rutherford, Cobb-Hunter, Hayes, White and Mitchell: A BILL TO AMEND SECTION 59-40-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS PERTAINING TO CHARTER SCHOOLS INCLUDING A PROVISION EXEMPTING ALL EARNINGS OR PROPERTY OF CHARTER SCHOOLS FROM STATE OR LOCAL TAXATION, EXCEPT FOR THE SALES TAX, SO AS TO CLARIFY THAT PROPERTY OF CHARTER SCHOOLS EXEMPT FROM SUCH TAXATION INCLUDES OWNED OR LEASED PROPERTY.
Read the first time and referred to the Committee on Education.
REPORTS OF STANDING COMMITTEES
Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 882 -- Senator Sheheen: A BILL TO AMEND SECTION 41-27-210 OF THE 1976 CODE, RELATING TO THE DEFINITION OF EMPLOYMENT; TO PROVIDE THAT INDIVIDUALS THAT TRANSPORT VEHICLES FOR AUTOMOBILE DEALERS UNDER CERTAIN CIRCUMSTANCES ARE EXCLUDED FROM THE DEFINITION; AND TO PROVIDE FOR THOSE CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1026 -- Senator Alexander: A BILL TO AMEND SECTION 29‑5‑440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS ON CONTRACTOR PAYMENT BONDS, SO AS TO PROVIDE THAT CERTAIN WRITTEN NOTICE REQUIRED OF A REMOTE CLAIMANT MUST BE SENT BY CERTIFIED OR REGISTERED MAIL, AND MUST GENERALLY CONFORM WITH STATUTORY LIMITS ON THE AGGREGATE AMOUNT OF LIENS FILED BY A SUB‑SUBCONTRACTOR OR SUPPLIER; TO PROVIDE ANY PAYMENT BOND SURETY FOR THE BONDED CONTRACTOR SHALL HAVE THE SAME RIGHTS AND DEFENSES OF THE BONDED CONTRACTOR; TO MAKE THE LANGUAGE APPLICABLE TO ANY PAYMENT BOND WHETHER PRIVATE, COMMON LAW, PUBLIC, OR STATUTORY IN NATURE, WHEN THE BONDS ARE NOT OTHERWISE REQUIRED OR GOVERNED BY STATUTE; AND TO PROVIDE NECESSARY DEFINITIONS.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1065 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 43, TITLE 38 SO AS TO PROVIDE FOR THE LIMITED LICENSING OF SELF‑STORAGE FACILITIES TO SELL OR OFFER INSURANCE.
Ordered for consideration tomorrow.
Senator BRYANT from the Committee on Invitations polled out S. 1097 favorable:
S. 1097 -- Senator Alexander: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA’S YOUNG PEOPLE AND TO THE PREVENTION OF CHILD ABUSE AND NEGLECT AND TO DECLARE THE MONTH OF APRIL AS “CHILD ABUSE PREVENTION MONTH” IN THE STATE OF SOUTH CAROLINA.
Poll of the Invitations Committee
Polled 10; Ayes 10; Nays 0; Not Voting 1
AYES
Bryant Alexander McGill
Verdin Campsen Cromer
Malloy Cleary Johnson
Kimpson
Total--10
NAYS
Total--0
NOT VOTING
Reese
Total--1
Ordered for consideration tomorrow.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
H. 3592 -- Reps. Sandifer and Loftis: A BILL TO AMEND ARTICLE 8, CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE “ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007”, SO AS TO DELETE CERTAIN DEFINITIONS, TO CHANGE CERTIFICATION STANDARDS WITH WHICH MAJOR FACILITY PROJECTS MUST COMPLY, TO ELIMINATE REFERENCE TO THE LEED AND GREEN GLOBES CERTIFICATION RATING SYSTEMS, AND TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Senator BRYANT from the Committee on Invitations submitted a favorable report on:
H. 3784 -- Reps. J.E. Smith, Pitts, Vick and Harrell: A BILL TO AMEND SECTION 59‑114‑30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM, SO AS TO CLARIFY THAT EACH ACADEMIC YEAR’S ANNUAL MAXIMUM GRANT MUST BE BASED ON THE AMOUNT OF AVAILABLE PROGRAM FUNDS; TO AMEND SECTION 59‑114‑40, AS AMENDED, RELATING TO THE NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM QUALIFICATION REQUIREMENTS, SO AS TO PROVIDE THAT NATIONAL GUARD MEMBERS BECOME ELIGIBLE FOR COLLEGE ASSISTANCE PROGRAM GRANTS UPON COMPLETION OF BASIC TRAINING AND ADVANCED INDIVIDUAL TRAINING; AND TO AMEND SECTION 59‑114‑65, RELATING TO GRANT AVAILABILITY, SO AS TO ALLOW APPROPRIATIONS TO THE NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM TO BE CARRIED FORWARD TO A SUBSEQUENT FISCAL YEAR AND EXPENDED FOR THE SAME PURPOSE, AND TO EXEMPT APPROPRIATIONS TO THE NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM FROM MIDYEAR BUDGET REDUCTIONS.
Ordered for consideration tomorrow.
Senator BRYANT from the Committee on Invitations submitted a favorable report on:
H. 4748 -- Reps. Owens, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A. Brown, R.L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb‑Hunter, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S. McLeod, W.J. McLeod, Merrill, Mitchell, D.C. Moss, V.S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R.L. Ott, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson‑Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM FOR ITS OUTSTANDING CONTRIBUTIONS IN EDUCATING AND TRAINING OUR STATE’S WORKFORCE AND TO DECLARE MARCH 25, 2014, AS SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM DAY.
Ordered for consideration tomorrow.
Senator BRYANT from the Committee on Invitations polled out H. 4766 favorable:
H. 4766 -- Reps. J.E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A. Brown, R.L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb‑Hunter, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S. McLeod, W.J. McLeod, Merrill, Mitchell, D.C. Moss, V.S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R.L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson‑Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 19, 2014, “NATIONAL GUARD DAY” IN SOUTH CAROLINA AND TO RECOGNIZE AND HONOR THE MANY SACRIFICES AND VALUABLE CONTRIBUTIONS THE SOUTH CAROLINA NATIONAL GUARD MAKES TO PROTECT THE FREEDOM, DEMOCRACY, AND SECURITY OF OUR STATE AND NATION.