WEDNESDAY, JANUARY 28, 2015
Wednesday, January 28, 2015
(Statewide Session)
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:
In Proverbs we read:
“Trust in the Lord with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will make your paths straight.” (Proverbs 3:5-6)
Bow in prayer with me, please:
Dear Lord, the list of needs and concerns facing our State is quite, quite long. So many issues have to be addressed by this Senate, almost all of them significant. We pray, O God, that You will bless these Senators and guide them as they debate the ways to address and, hopefully, resolve these matters, not the least of which concerns our highways. Our State needs roadways and expressways that are safe and well-maintained. Grant to this Body a vision, O God, of how to accomplish this, along with the many other challenges facing these leaders. In Your name we humbly pray all of this, Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Point of Quorum
At 2:05 P.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:
AlexanderBennettBright
BryantCampbellCampsen
ColemanCromerDavis
GroomsHayesHembree
JohnsonLeathermanMalloy
Martin, LarryMartin, ShaneMassey
MatthewsMcElveenNicholson
PeelerReeseSabb
ScottSetzlerShealy
SheheenThurmondYoung
A quorum being present, the Senate resumed.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Statewide Appointments
Initial Appointment, South Carolina Commission on Consumer Affairs, with the term to commence September 30, 2014, and to expire September 30, 2018
At-Large:
Pamela S. Evette, 302 Hindman Road, Travelers Rest, SC 29690 VICE vacant
Referred to the Committee on Banking and Insurance.
Initial Appointment, Director of Department of Probation, Parole and Pardon Services, with term coterminous with Governor
Director:
Jerry B. Adger, 4 Whetstone Creek Court, Irmo, SC 29063 VICE Ms. Kela Thomas
Referred to the Committee on Corrections and Penology.
Initial Appointment, South Carolina Foster Care Review Board, with the term to commence June 30, 2012, and to expire June 30, 2016
3rd Congressional District:
Daniel R. Bracken, Jr., 124 Omega Lane, Piedmont, SC 29673 VICE Carolyn Pinson (resigned)
Referred to the Committee on Judiciary.
Reappointment, Real Estate Appraisers Board, with the term to commence May 31, 2015, and to expire May 31, 2018
Licensed or Certified Appraiser:
Christopher E. Barczak, 2965 North Main Street, Columbia, SC 29201
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2015, and to expire May 30, 2017
Dietetics Educator:
Judy H. Thomas, 101 Laurel Circle, Fort Mill, SC 29715
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2014, and to expire July 1, 2018
2nd Congressional District:
Michael W. Powelson, 819 Aiken Street, Columbia, SC 29201 VICE vacant (due to redistricting)
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2014, and to expire September 30, 2017
Occupational Therapist:
Todd A. Laliberte, 510 Juanita Drive, Florence, SC 29501 VICE Janie Turner
Referred to the Committee on Medical Affairs.
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration:
Document No. 4476
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-33-30, 59-53-1810, and 20 U.S.C. 6301 et seq.
SUBJECT: Defined Program 6-8
Received by Lieutenant Governor January 27, 2015
Referred to Committee Education
Document No. 4477
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-110, 59-18-310(B), 59-29-10 et seq., 59-33-30, 59-53-1810, 20 U.S.C. 1232(g), and 20 U.S.C. 6301 et seq.
SUBJECT: Defined Program, Grades 9-12 and Graduation Requirements
Received by Lieutenant Governor January 27, 2015
Referred to Committee Education
Document No. 4491
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60(1), (3), and (6), 59-39-100, and 20 U.S.C. 6301 et seq.
SUBJECT: Adult Education
Received by Lieutenant Governor January 28, 2015
Referred to Committee Education
Document No. 4495
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-24-30, and 59-24-40
SUBJECT: Program for Assisting, Developing, and Evaluating Principal Performance (PADEPP)
Received by Lieutenant Governor January 28, 2015
Referred to Committee Education
Doctor of the Day
Senator FAIR introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.
Expression of Personal Interest
Senator MALLOY rose for an Expression of Personal Interest.
Remarks by Senator MALLOY
Thank you Mr. PRESIDENT, lady and gentleman of the Senate. I want to give you a little bit of background. There is a poem that I really like and it’s by Robert Frost. It talks about the road not taken. “Two roads diverged in a yellow wood, and sorry I could not travel both and be one traveler, long I stood and looked down one as far as I could to where it bent in the undergrowth.” You all know this poem is a fantastic poem, and I’ll just go to the end. It says, “I shall be telling this with a sigh, somewhere ages and ages hence: two roads diverged in a wood, and I took the one less traveled by, and that has made all the difference.”
Folks, we’ve had two roads being traveled here in this State. One for those that have been well educated and one for those that have not been. We had an equity lawsuit. The rehearing was denied a couple days ago here in the Supreme Court of South Carolina. We have to have a plan. Many of you had an opportunity, as did I, to get educated. As I sit with Senator THURMOND whose family was college educated, mine was not. He got a chance to travel his road and become a lawyer. I traveled a different road and became a lawyer. But there are children out there that are drowning because we are not educating them to the full extent that we should or could.
We are talking about roads here in South Carolina, that we have a problem here with our roads, and we have to raise billions of dollars to make certain that we can take care of those crumbling roads. When you travel home tonight, somebody is going to hit a pothole. Well our children are hitting potholes every day in our education system. So I say as we get ready to embark and go down this road, let’s make certain that we keep in the back of our minds Robert Frost. Maybe it’s a bad parallel; maybe not even a good analogy -- two roads folks. One is taking the one that is less traveled. We have two roads in our education system and I submit to us that what the court has done is they have given us the responsibility and we should take that responsibility and give them a plan this year. When we are addressing the issue with the roads, let’s put the same emphasis on education to make certain that we are educating our children so that we can make certain that we travel down one good smooth road and give them a good quality education in this State.
On motion of Senator McELVEEN, with unanimous consent, the remarks of Senator MALLOY were ordered printed in the Journal.
Expression of Personal Interest
Senator DAVIS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator SHEHEEN rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator JOHNSON rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator NICHOLSON rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator MATTHEWS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator COURSON rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator SETZLER rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator LEATHERMAN rose for an Expression of Personal Interest.
CO-SPONSORS ADDED
The following co-sponsors were added to the respective Bills:
S. 76Sens. Setzler, Matthews, Nicholson
S. 358Sen. Campsen
S. 5Sen. Coleman
S. 153Sens. Johnson, McElveen, Cromer, Campsen
S. 16Sen. Campbell
S. 36Sen. Alexander
S. 35Sen. Alexander
S. 361Sen. Alexander
S. 2Sen. Davis
RECALLED
S.344 -- Senators O’Dell and Bryant: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH MASTERS BOULEVARD IN THE CITY OF ANDERSON TO ITS INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE TOWN OF IVA “DEPUTY J. ALEX BURDETTE MEMORIAL HIGHWAY” AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THIS DESIGNATION.
Senator O’DELL asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
RECALLED AND COMMITTED
S.337 -- Senators O’Dell and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 38 ENACTING THE “SOUTH CAROLINA NEW MARKET JOBS ACT” SO AS TO PROVIDE A CREDIT AGAINST INSURANCE PREMIUM TAXES AND POSSIBLE OTHER STATES TAXES MADE IN CERTAIN INVESTMENTS BY QUALIFIED COMMUNITY DEVELOPMENT ENTITIES, PROVIDING INVESTMENT CAPITAL FOR A QUALIFIED ACTIVE LOW INCOME COMMUNITY SMALL BUSINESS LOCATED IN THIS STATE, TO MODEL THIS STATE INSURANCE PREMIUM TAX CREDIT ON THE FEDERAL NEW MARKETS TAX CREDIT PROGRAM PROVIDING FEDERAL INCOME TAX CREDITS FOR SUCH INVESTMENTS BUT LIMITED TO INVESTMENTS IN THIS STATE, TO ADOPT FEDERAL DEFINITIONS AS APPLICABLE FOR THE CREDIT BUT MODIFIED TO REFLECT THE PARTICULAR SOUTH CAROLINA APPLICATION OF THE CREDITS, TO PROVIDE A MAXIMUM INITIAL INDIVIDUAL INVESTMENT, A MAXIMUM OVERALL LIMIT FOR ALL SUCH INVESTMENTS ELIGIBLE FOR THE CREDIT, AND AN ANNUAL MAXIMUM AMOUNT OF CREDIT THAT MAY BE CLAIMED, TO PROVIDE THAT THESE CREDITS APPLY OVER SEVEN YEARS AND ARE NONREFUNDABLE AND NOT SALEABLE, TO REQUIRE FEES FOR PROCESSING APPLICATIONS FOR SUCH CREDITS AND FOR RECAPTURE OF THE CREDITS IF QUALIFICATIONS ARE NOT MAINTAINED, TO PROVIDE FOR LETTER RULINGS BY THE DEPARTMENT OF REVENUE WHEN FEDERAL REGULATIONS DO NOT PROVIDE SPECIFIC GUIDANCE, AND TO PROVIDE OTHER LIMITATIONS AND RESTRICTIONS AND REPORTING REQUIREMENTS.
On motion of Senator CAMPBELL, with unanimous consent, the Bill was recalled from the Committee on Banking and Insurance.
On motion of Senator CAMPBELL, with unanimous consent, the Bill was committed to the Committee on Finance.
RECALLED
S.181 -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF RAWLINSON ROAD IN THE CITY OF ROCK HILL FROM ITS INTERSECTION WITH WEST MAIN STREET TO ITS INTERSECTION WITH HECKLE BOULEVARD “COACH ROBERT T. ‘BOB’ JENKINS MEMORIAL HIGHWAY” AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
RECALLED
S.365 -- 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.
Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Judiciary.
The Senate Resolution was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 370 -- Senator Grooms: A SENATE RESOLUTION TO CONGRATULATE THE HONORABLE JIM ROZIER UPON BEING ELECTED CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
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The Senate Resolution was adopted.
S. 371 -- Senator Bryant: A BILL TO AMEND SECTION 40-33-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DISCIPLINING NURSES, SO AS TO ADD THE OVERMEDICATING OR UNDERMEDICATING OF A PATIENT BY A NURSE WHO MISREADS A PHYSICIAN'S ORDER AS A GROUND TO REVOKE THE NURSE'S LICENSE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 372 -- Senator Lourie: A BILL TO AMEND SECTION 12-21-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURTAX ON CIGARETTES, INCLUDING THE DEFINITION OF "CIGARETTE", SO AS TO REVISE THE WEIGHT LIMITATION ON CIGARETTES FROM THREE POUNDS OR LESS PER ONE THOUSAND CIGARETTES TO FOUR AND ONE-HALF POUNDS OR LESS PER ONE THOUSAND CIGARETTES AND TO EXEMPT THOSE WRAPPED TOTALLY IN TOBACCO LEAF WITH NO FILTER, AND TO DEFINE "CIGARETTE" TO INCLUDE 0.325 OUNCES OF TOBACCO LIKELY INTENDED TO BE PURCHASED TO ROLL YOUR OWN CIGARETTES; AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO DETERMINE IF THERE ARE BARRIERS TO THE ENFORCEMENT OR COLLECTION OF CIGARETTE TAXES, TO MAKE RECOMMENDATIONS TO REMOVE THESE BARRIERS, AND TO REPORT THEIR FINDINGS TO THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Finance.
S. 373 -- Senator Setzler: A BILL TO AMEND SECTION 9-1-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL FORMS OF RETIREMENT ALLOWANCES, SO TO ALLOW A MEMBER TO CHANGE THE FORM OF MONTHLY PAYMENT WITHIN FIVE YEARS OF A CHANGE IN MARITAL STATUS, INSTEAD OF ONE YEAR, AND IN CERTAIN SITUATIONS, TO REQUIRE THE MEMBER TO REIMBURSE THE RETIREMENT SYSTEM OF ANY EXCESS PAYMENT RECEIVED.
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Read the first time and referred to the Committee on Finance.
S. 374 -- Senator Campsen: A BILL TO AMEND SECTION 30, CHAPTER 20, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 30, SO AS TO PROVIDE A TIME FOR CANDIDATES TO OBTAIN PLEDGES OR COMMITMENTS FROM MEMBERS OF THE GENERAL ASSEMBLY AFTER PUBLICATION OF THE JOINT COMMITTEE'S FINDINGS ON THE CANDIDATES AND TO SET A TIME FOR THE ELECTION OF THE CANDIDATES.
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Read the first time and referred to the Committee on Judiciary.
S. 375 -- Senator Hayes: A BILL TO AMEND SECTION 6-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING DEPOSITS OF FUNDS BY LOCAL ENTITIES, SO AS TO ALLOW A LOCAL ENTITY TO DEPOSIT ALL OR A PORTION OF SURPLUS PUBLIC FUNDS IN ITS CONTROL OR POSSESSION IN ACCORDANCE WITH CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Finance.
S. 376 -- Senator Grooms: A BILL TO AMEND SECTION 55-1-80, RELATING TO THE GENERAL PROVISIONS CONCERNING AERONAUTICS, TO RESTORE THE PREVIOUS PROVISIONS OF THIS SECTION, TO PROVIDE FOR INCREASES OF THE MEMBERSHIP ON AN AVIATION AUTHORITY, TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS; AND TO REPEAL ACT 130 OF 2007.
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Read the first time and referred to the Committee on Transportation.
S. 377 -- Senators Grooms, Campbell, Thurmond, Bennett and Campsen: A BILL TO AMEND SECTION 59-130-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE COLLEGE OF CHARLESTON BOARD OF TRUSTEES, TO ALLOW THE BOARD TO CREATE A UNIVERSITY OF CHARLESTON AS A RESEARCH UNIVERSITY.
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Read the first time and referred to the Committee on Education.
S. 378 -- Senator Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-240 SO AS TO CREATE THE "SOUTH CAROLINA FAMILY FRIENDLY FUND" TO ASSIST FAMILIES WITH CHILDREN WITH INTELLECTUAL AND PHYSICAL DISABILITIES; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE FOR AN INDIVIDUAL INCOME TAX CREDIT TO INDIVIDUALS WHO CONTRIBUTE TO A FAMILY WITH A CHILD WITH AN INTELLECTUAL OR PHYSICAL DISABILITY; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE SOUTH CAROLINA FAMILY FRIENDLY FUND.
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Read the first time and referred to the Committee on Finance.
S. 379 -- Senator Courson: A BILL TO AMEND SECTION 12-4-520 OF THE 1976 CODE, RELATING TO COUNTY TAX OFFICIALS, TO REDUCE THE OBLIGATION THAT THE DEPARTMENT OF REVENUE SHALL ANNUALLY EXAMINE RECORDS OF ASSESSORS, AUDITORS, TREASURERS, AND TAX COLLECTORS TO A PERMISSIVE AUTHORITY TO ANNUALLY EXAMINE THESE RECORDS; TO AMEND SECTION 12-4-530, RELATING TO INVESTIGATION AND PROSECUTION OF VIOLATIONS, TO REDUCE THE OBLIGATION THAT THE DEPARTMENT SHALL INITIATE COMPLAINTS, INVESTIGATIONS, AND PROSECUTIONS OF VIOLATIONS TO A PERMISSIVE AUTHORITY; TO AMEND SECTION 12-37-30, RELATING TO THE ASSESSMENT OF MULTIPLE TAXES TO BE LEVIED ON THE SAME ASSESSMENT, TO CHANGE THE DESIGNATION OF STATE TAXES TO COUNTY TAXES; TO AMEND SECTION 21-37-266, RELATING TO THE HOMESTEAD EXEMPTION FOR DWELLINGS HELD IN TRUST, TO REQUIRE A COPY OF THE TRUST AGREEMENT BE PROVIDED; TO AMEND SECTION 12-37-290, RELATING TO THE GENERAL HOMESTEAD EXEMPTION, TO CHANGE THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES FROM THE FIRST TEN THOUSAND DOLLARS TO THE FIRST FIFTY THOUSAND DOLLARS OF THE VALUE OF THE PRIMARY RESIDENCE OF A HOMEOWNER WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER TO CONFORM WITH OTHER SECTIONS OF THE CODE, AND TO TRANSFER FROM THE COMPTROLLER GENERAL TO THE DEPARTMENT OF REVENUE THE AUTHORITY TO PROMULGATE RULES AND FORMS, AND THE OBLIGATION TO REIMBURSE THE STATE AGENCY OF VOCATIONAL REHABILITATION FOR EXPENSES INCURRED IN EVALUATING DISABILITY UNDER THE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 12-37-450, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION, TO REMOVE THE REQUIREMENT THAT THE AMOUNT OF REIMBURSEMENT ATTRIBUTED TO DEBT SERVICE BE REDISTRIBUTED TO OTHER SEPARATE MILLAGES ONCE THE DEBT IS PAID, TO REQUIRE THE REIMBURSEMENT BE REDISTRIBUTED PROPORTIONATELY TO THE SEPARATE MILLAGES LEVIED BY THE POLITICAL SUBDIVISIONS, TO STRIKE THE REQUIREMENT THAT THE REDISTRIBUTION