Capitol Information Affiliates, LLC Volume XXVII Issue 17 May13, 2016
Senate Works Calendar
Davis Point of Personal Interest
Senator Davis took the Senate floor Wednesday on a point of personal interest regarding medical marijuana. He told another story of an ill young man. “The human component needs to be realized. My hope in telling this story is to make everyone more aware,” said Davis. Senator Shane Martin said he appreciates the compassion Davis has for the issue. Davis took the Senate floor Thursday for the same reason. He said it didn’t make sense for doctors to be able to prescribe addictive drugs when cannabis would not be addictive.
Auto Rental Fees
The Senate amended and gave second reading to H.3891 regarding fees charged for auto rentals. The Senate adopted the committee amendment which removes the 5% fee charged for auto rentals and replaced it with a vehicle license fee. This fee places $1.8 million into the General Fund giving local government a $250,000 increase.
Senate Motion Period
H.3430
The Senate worked their calendar Wednesday and arrived at the motion period. Senator Cromer did not set a bill for Special Order but moved under Senate Rule 32B that at the conclusion of Special Order would be H.3430 regarding used tires. His motion was adopted. After several more bills were set for Special Order, debate on H.3430 began. Senator Malloy offered an amendment to strike lines 39-42 and said when they finished their discussion that he would move to recommit the bill to committee. Senator Sheheen said he calls the bill the “screw the little man act.” He said the bill would close down little tire repair shops because it is more regulation. Senator Alexander asked Sheheen if there was confidence in trusting a small business to which Sheheen replied yes. He added they already had regulations in place for tires. Sheheen said there were four to five out-of-state corporations behind the bill. Senator Hutto said they believe in the free market. Senator Shane Martin asked what measurement tools would be used to measure the tread. Martin said he needed time to get the answer. Alexander said, “If there are no standards, small businesses would be more exposed.” Sheheen responded, “I am very suspicious when
regulation doesn’t protect the safety but helps stuff the pockets of big companies.” Alexander said he was concerned about people driving on unsafe tires.
S.719
Senator Massey moved to place S.719 regarding personhood for Special Order. Senator Campsen spoke against the motion saying he was not against pro-life. He believes that life begins at conception. “I went
to law school and as a matter of law, this proposal has no legal chance of outlawing abortions,” said Campsen. He said the bill would do damage to the pro-life movement. Senator Bright said they were
asking for a chance to debate it on the floor. “We are trying to codify in our Constitution that life begins at conception,” said Bright. He asked for a roll call vote and the vote failed 24-16.
Time Has Expired & H.4548
Lieutenant Governor McMaster said the time for the motion period had expired, effectively creating chaos in the Senate. After discussion, Senator Larry Martin moved to revert back to the motion period and the motion was adopted. He then moved that H.4548 regarding closing fees be set to Special Order which was done. Senator Sheheen spoke on the bill. He said he had noticed that small businesses are rapidly shrinking and had been replaced by big box stores. “The only ones left are the car dealers,” said Sheheen.
School Readiness
The Senate Education Committee met Wednesday and gave a favorable as amended report to H.5140 regarding the school start date. The bill stipulates that South Carolina schools may start no earlier than August 15 to accommodate that testing be completed before the Christmas holidays. Senator Hayes amended the bill with a K-12 amendment despite objections by the Department of Education. They expressed concerns from teachers about pushing tests up against the last school day. Senator Courson also amended the bill requiring the DOE Department of College Readiness Assessment to go through the procurement process. The Department of Education had concerns but said they would comply. Senator Sheheen asked why they measure college readiness for kids who don’t plan to go to college. The Department of Education said the test measures college readiness and workforce readiness. The Committee carried over H. 4521, the Tucker Hipps Transparency Act and may meet again in two weeks to resolve their issues with the bill.
2nd Amendment Preservation Act
The Senate Judiciary Committee gave a favorable report Wednesday to H.4701 the 2nd Amendment Preservation Act. Under the bill, South Carolina would not enforce federal law and regulation regarding firearms re the President’s executive order on guns. Senator Kimpson moved to carry over the bill and the motion was tabled. Senator Hutto said the courts would have to resolve the issue and the bill was probably unconstitutional. “This is feel good legislation that we believe in the rights of the Second Amendment of the Constitution,” said Hutto. Senator Larry Martin said the way he read the bill was that if they require taking the guns from felons they are enforcing the state law. Hutto said guns were seized in South Carolina every day. Martin said, “Congress has no authority to force a state to meet this federal requirement.” A minority report was placed on the bill.
At Rest
The Senate Judiciary Committee gave a favorable as amended report Wednesday to H.3450 regarding at rest for alcohol. Senator Massey joked that they had learned much more about alcohol regulation than anyone wanted to know -“enough to lead us to drink.” Massey described it as protection for the wholesale tier and explained the difference between the House-passed version and the subcommittee amendment. The amendment requires a wholesaler to have a physical location in the state, would require alcohol be unloaded at a wholesaler’s premises prior to the wholesaler loading onto his trucks for delivery. It also beefs up the penalties. He said the bill was supported by the Department of Revenue and SLED because it gives them the tools they need to properly enforce the law. Senator Hutto offered an amendment so there would be no total unloading of a truck when it reached the wholesaler. “SLED can inspect it and then the truck would be totally unloaded,” said Hutto. Senator Thurmond asked how they would know the difference. Hutto said everything was barcoded and that SLED didn’t check every load of alcohol that came into the state and the state should not have to send a SLED agent to every warehouse. Massey said SLED and DOR testified before the subcommittee and both agencies expressed concern about the existing system. “There are some companies’ by-passing the wholesalers and there is a question of the payment of excise taxes. We need to make the three-tier system work. We need to give SLED and DOR the tools they need to enforce this,” said Massey. He added he was against the Hutto amendment. Hutto said he did not think that government needs to interfere with the distribution of the product. He said, “We did not start this system but we have to work with it.” Senator Bennett said, “I have no desire to wade into the waters of changing the three tier system. What is the argument against Hutto’s amendment that would do damage?” Hutto said it was if you unload you give SLED more time to inspect it. Senator Saab said he also opposed the Hutto amendment. Senator Gregory, an opponent of the 3-tier system, spoke in favor of the Hutto amendment. He said that no one had mentioned anything about benefits to the consumer. Senator Kimpson said the three tier system was how they collected the taxes; the taxes are determined and submitted by the wholesalers. Hutto said all he was trying to do was stop the unloading unless it was necessary. Massey responded, “The unloading gives SLED and DOR more opportunity to inspect the product. It is about protecting the tier.” The Hutto amendment failed by a vote of 6-14. The bill was reported out by a vote of 17-2. Hutto placed a minority report on the bill.
Guns & Homestead Exemptions
A Senate Judiciary Subcommittee met Wednesday and gave a favorable as amended report to H.4398 regarding the allowance of keeping three weapons during a bankruptcy procedure. The bill exempts firearms up to $5000 and the surviving spouse homestead exemption would be raised to $100,000. Thirty-three states use their own exemptions. In answer to a question by Senator Malloy, Katherine Wells said the wildcard exemption was not to exceed $5000. Malloy said he would report out the bill but that he had questions. Representative Clemmons testified the bill was related toward heirloom guns and added the Representative Powers Norrell added in the homestead exemption piece. The South Carolina Bankers Association testified against the bill. They said under current law guns don’t fall within the household goods category. They also had a problem with the homestead exemption for surviving spouses in terms of multiple spouses and no time limits in the bill. The NRA was more concerned about the ability to defend one’s self. Senator Gregory and Wells went back to the definition of a surviving spouse. They adopted an amendment to address the surviving spouse. They agreed to look at the
homestead exemption language before full committee. Malloy said they would also discuss the number of firearms in the full committee.
Developer Tax Breaks
The Senate amended and gave second reading Thursday to H.3710 regarding tax breaks for developers. Senator Hutto said he would vote against the bill because they had given tax breaks since 2008. He said it was costing local government money. He withdrew his amendments and the Senate adopted the committee amendment to extend the tax breaks for two more years.
Reciprocity with Georgia for Concealed Weapons
Senator Larry Martin set for Special Order H.3799 regarding reciprocity with Georgia for concealed weapons. Senator Kimpson spoke against setting the bill for Special Order. He said, “People in South Carolina want expanded background checks.” He said he had amendments on the bill. He spoke extensively on the subject and said that Georgia does not have training on their conceal weapon permit statute. “This is not prudent. We should not take the General Assembly’s time to debate this,” said Kimpson. He added that Martin had his instructions from the gun lobby to get this done. “He is carrying out the will of the NRA. I am carrying out the will of the people,” said Kimpson. Senator Sheheen said they should put“dark money” up for Special Order. Kimpson said it was between dark money and the reciprocity bill. He further said that Martin refused to have a hearing on the background check bill. Martin spoke in favor of the motion to set the bill for Special Order. He said they don’t control what other states do with their legislation. He admitted he should have set hearings for the Kimpson bills. He said doing so would have shut his staff down. He said they would have a hearing this summer on background checks. Senator Setzler said Martin needed to think about the process of putting bills on an agenda when a Senator requests it. Martin said he could not give a hearing to every bill that comes to the Judiciary Committee.
Malloy Point of Personal Interest
Senator Malloy took the Senate floor Thursday on a point of personal interest regarding family court judges and guns. He said he would ask the Senate to reconsider the family court judge bill that the Senate failed to adopt. Additionally he spoke about having a hearing on background checks this summer. “As a caretaker of our rules, we don’t call people out for their motivations. This is a difficult time. We all hurt. There is 80% of the people who want gun control fixed. I voted for this bill to go to Special Order. It is common sense,” said Malloy.
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