TUESDAY, APRIL 18, 2017
Tuesday, April 18, 2017
(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 Acting PRESIDENT, Senator GOLDFINCH.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Romans 12:2
“Do not be conformed to this world, but be transformed by the renewal of your mind. Then you will be able to discern what is the good, pleasing, and perfect will of God.”
Let us pray. Almighty God, Lord of all time, keep us from being distracted from what is really important today by the pressure of what we may momentarily think is urgent. Help us to prioritize the demands of this day by what brings us inner peace and a sense of achievement according to Your will. May we deem urgent what glorifies You. Give us the courage to say “no” to the things that just clutter and postpone joy for our souls. Grant to us a deeper and more meaningful relationship with You, O God, and with others. May we maximize our service to You and to the people of this State as we celebrate the priorities that come through Your grace and Your guidance in our lives. Through Our Lord and Savior we pray, Amen.
The Acting PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Call of the Senate
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bennett Campbell
Campsen Climer Corbin
Cromer Davis Gambrell
Goldfinch Grooms Hembree
Leatherman Malloy Martin
Massey Peeler Rice
Sabb Scott Setzler
Shealy Sheheen Talley
Turner Verdin Williams
Young
A quorum being present, the Senate resumed.
Motion Adopted
On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Local Appointments
Initial Appointment, Lexington County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Gary S. Morgan, 217 Peach Place Court, Gilbert, SC 29054
Initial Appointment, Anderson County Part-Time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Cary B. Murphy, 601 Glenwood Ave., Anderson, SC 29625 VICE James Tillman Busby, Jr.
Initial Appointment, Richland County Part-Time Magistrate, with the term to commence April 30, 2017, and to expire April 30, 2021
Stephanie D. Bess, 405-B Harbison Blvd., Apartment 7, Columbia, SC 29212
REGULATION WITHDRAWN
The following was received:
Document No. 4658
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-67-240, 59-67-410, 59-67-470, and 59-67-570
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor January 10, 2017
Referred to Education Committee
Legislative Review Expiration Permanently Withdrawn
Permanently Withdrawn April 7, 2017
REGULATIONS WITHDRAWN AND RESUBMITTED
The following were received:
Document No. 4657
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-5-65, and 59-59-10 et seq.
SUBJECT: Minimum Standards of Student Conduct and Disciplinary Enforcement Procedures to be Implemented by Local School Districts
Received by Lieutenant Governor January 10, 2017
Referred to Education Committee
Legislative Review Expiration May 10, 2017
Withdrawn and Resubmitted April 18, 2017
Document No. 4659
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 5-7-12, 16-17-420, 59-5-60, and 59-5-65
SUBJECT: School Resource Officers
Received by Lieutenant Governor January 10, 2017
Referred to Education Committee
Legislative Review Expiration May 10, 2017
Withdrawn and Resubmitted April 17, 2017
Doctor of the Day
Senator RANKIN introduced Dr. Vinod E. Nambudiri of Myrtle Beach, S.C., Doctor of the Day.
Expression of Personal Interest
Senator CROMER rose for an Expression of Personal Interest.
ACTING PRESIDENT PRESIDES
Senator MASSEY assumed the Chair.
RECOMMITTED
S.590 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO ENERGY STANDARDS APPEAL PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
S.591 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO ADOPTION OF MODEL CODES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
S.592 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO IRC SECTION R502.11.4 TRUSS DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 4716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
S.593 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO IRC SECTION R703.4 FLASHING, DESIGNATED AS REGULATION DOCUMENT
NUMBER 4717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
S.594 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO IRC SECTION R802.10.1 WOOD TRUSS DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 4718, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
S.595 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO MAXIMUM TIME FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 629 -- Senators Nicholson and Gambrell: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE STATE CHAMPIONS OF THE DUE WEST ROBOTICS TEAM, TORNADO OF IDEAS, AND TO WISH THEM SUCCESS AT THE WORLD CHAMPIONSHIP IN HOUSTON, TEXAS.
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The Senate Resolution was adopted.
S. 630 -- Senators Nicholson and Gambrell: A SENATE RESOLUTION TO HONOR AND APPLAUD THE CONNIE MAXWELL CHILDREN'S HOME FOR THEIR ONE HUNDRED TWENTY-FIVE YEARS OF COMMITMENT TO THE WELL-BEING OF CHILDREN IN THE PALMETTO STATE.
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The Senate Resolution was adopted.
S. 631 -- Senator Campsen: A CONCURRENT RESOLUTION TO HONOR, COMMEMORATE, AND CONGRATULATE THE SOUTH CAROLINA FORESTRY COMMISSION ON ITS NINETIETH ANNIVERSARY ON APRIL 26, 2017, AND TO WISH THE AGENCY ANOTHER NINETY YEARS OF PROSPEROUS SERVICE.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 632 -- Senator Shealy: A SENATE RESOLUTION TO RECOGNIZE MAY 2017 AS "CYSTIC FIBROSIS AWARENESS MONTH" IN SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 633 -- Senator Jackson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF BISHOP COLIE L. "JOSH" LORICK, JR., OF COLUMBIA AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 634 -- Senator Sabb: A SENATE RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL BOYS' VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE 2017 1A BOYS' BASKETBALL STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S. 635 -- Senator Sabb: A SENATE RESOLUTION TO HONOR AND RECOGNIZE WILLIAM E. TRADO, JR. UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS THIRTY-TWO YEARS OF COMBINED FEDERAL SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 636 -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE SEPTEMBER AS "HUNGER ACTION MONTH" IN THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 637 -- Senators Talley, Martin, Peeler, Reese and Corbin: A BILL TO AMEND SECTION 7-7-490 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, TO ADD ANDERSON MILL BAPTIST, D. R. HILL MIDDLE SCHOOL, HOPE, LYMAN ELEMENTARY, AND TRINITY PRESBYTERIAN PRECINCTS; TO REMOVE THE FRIENDSHIP BAPTIST PRECINCT; AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
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Read the first time and referred to the Committee on Judiciary.
S. 638 -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 27, 2017, AS "DONATED DENTAL SERVICES RECOGNITION DAY" AND TO HONOR THE SOUTH CAROLINA DENTAL ASSOCIATION, THE DENTAL LIFELINE NETWORK OF SOUTH CAROLINA, AND THE HUNDREDS OF DENTISTS AND DENTAL LABORATORIES THAT VOLUNTEER FOR THE DONATED DENTAL SERVICES PROGRAM.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H. 3840 -- Rep. Burns: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF TIGERVILLE ROAD IN GREENVILLE FROM TIGERVILLE ELEMENTARY SCHOOL TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 11 "DAVID W. STATON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3963 -- Rep. Finlay: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF CROSS HILL ROAD AND DEVINE STREET IN THE CITY OF COLUMBIA "COUNCILWOMAN LEONA PLAUGH MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3964 -- Reps. Alexander and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WILSON ROAD IN THE CITY OF FLORENCE FROM ITS INTERSECTION WITH IRBY STREET TO ITS INTERSECTION WITH OAKLAND AVENUE "ELDER ELIJAH GREEN WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3999 -- Reps. Quinn, Atwater and Huggins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES RENAME THE "HOPE FERRY LANDING" ON THE SALUDA RIVER THE "J. B. BARKER BOAT LANDING" AND
ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION THAT CONTAIN THIS DESIGNATION.
On motion of Senator CROMER, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4005 -- Reps. J. E. Smith and Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-215 SO AS TO DECLARE THE THIRD WEEK IN OCTOBER OF EACH YEAR AS "SOUTH CAROLINA NATIVE PLANT WEEK" AND ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE ESSENTIAL VALUE AND IMPORTANCE OF THE NATIVE PLANTS OF SOUTH CAROLINA TO OUR STATE'S HISTORY, ECONOMIC LANDSCAPE, AND ENVIRONMENT.
Read the first time and referred to the General Committee.
REPORTS OF STANDING COMMITTEES
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S.446 -- Senators Leatherman, Setzler, Williams and Campbell: A BILL TO AMEND SECTION 1263585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO INCREASE THE AGGREGATE ANNUAL CREDIT AMOUNT.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation polled out S.499 favorable:
S.499 -- Senator Malloy: A BILL TO AMEND SECTION 56-1-148 OF THE 1976 CODE, RELATING TO THE IDENTIFYING CODE AFFIXED TO THE DRIVER’S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, TO REMOVE THE FIFTY DOLLAR FEE ASSOCIATED WITH PLACING THE IDENTIFYING CODE ON A DRIVER’S LICENSE.
Poll of the Transportation Committee
Polled 17; Ayes 15; Nays 2
AYES
Grooms Leatherman Rankin
Verdin Malloy Campsen
Campbell Hembree McElveen
Johnson Kimpson Sabb
M.B. Matthews Climer McLeod
Total--15
NAYS
Peeler Bennett
Total--2
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Labor, Commerce and Industry polled out H.3653 favorable:
H.3653 -- Reps. Forrester, Yow, Loftis, Henegan, Spires, Anderson, Burns, V.S.Moss, Crawford, Hamilton, Felder, Norman, Anthony, Chumley, Erickson, Gagnon, Hayes, Henderson, Hosey, Jefferson, S.Rivers, Ryhal, Sandifer, Thayer, Willis, Atkinson, Alexander, West, Hixon, Murphy, Arrington, Bennett and Crosby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 31 SO AS TO PROVIDE THE OPERATIONS OR EXPANSIONS OF MANUFACTURING AND INDUSTRIAL FACILITIES MAY NOT BE CONSIDERED PUBLIC OR PRIVATE NUISANCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE RELATED FINDINGS, TO EXPLICITLY PROHIBIT LOCAL GOVERNMENTS FROM ENACTING ORDINANCES TO THE CONTRARY, TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE CONSTRUED TO MODIFY STATUTORY EMINENT DOMAIN LAWS OR ENVIRONMENTAL LAWS, AND TO PROVIDE THE PROVISIONS OF THIS ACT DO NOT APPLY TO NUISANCE ACTIONS COMMENCED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS CHAPTER.
Poll of the Labor, Commerce and Industry Committee
Polled 17; Ayes 15; Nays 1; Not Voting 1
AYES
Alexander Reese Leatherman
Williams Massey Davis
Scott Bennett Corbin
Johnson Allen Gambrell
Climer Goldfinch Senn
Total--15
NAYS
Sabb
Total--1
NOT VOTING
Setzler
Total--1
Ordered for consideration tomorrow.
Message from the House
Columbia, S.C., April 18, 2017
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification: