TUESDAY, FEBRUARY 21, 2012
Tuesday, February 21, 2012
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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:
A messenger from God proclaims to Daniel:
“Those who are wise will shine like the brightness of the heavens, and those who lead many to righteousness, like the stars forever and ever.” (Daniel 12:3)
Let us pray:
Gracious and loving Lord, we give You thanks for Your servants who understand, value, and strive to practice the gifts of wisdom and leadership. As You reminded Daniel that those who do so will “shine like the brightness of the heavens,” may it be that in this Senate Chamber each Senator himself will become a shining star, working for and caring about the well-being of all South Carolinians--to Your ultimate glory. This we pray in Your holy name, O Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable Nikki Randhawa Haley:
Local Appointment
Reappointment, Union County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Jimmy Dean Crocker, 210 West Main Street, Union, SC 29379
Motion to Ratify Adopted
At 12:15 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time prior to adjournment.
There was no objection and a message was sent to the House accordingly.
Doctor of the Day
Senator FAIR introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator BRYANT, at 12:05 P.M., Senator VERDIN was granted a leave of absence until 1:30 P.M.
Expression of Personal Interest
Senator LOURIE rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator BRIGHT rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator LEVENTIS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator FAIR rose for an Expression of Personal Interest.
CO-SPONSORS ADDED
The following co-sponsors were added to the respective Bills:
S. 41Sen. Ford
S. 43Sens. Ford, Knotts
S. 126Sen. Ford
S. 148Sen. Alexander
S. 265Sen. Ford
S. 911Sen. Ford
S. 1004Sen. Ford
S. 1054Sen. Ford
S. 1055Sen. Ford
S. 1179Sen. Rose
S. 1088Sen. Ford
S. 1205Sen. Rose
RECALLED
S.1223 -- Senator Alexander: A BILL TO AMEND SECTION 77430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
The Bill 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. 1239 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 61, TITLE 15 SO AS TO ENACT THE “UNIFORM PARTITION OF HEIRS PROPERTY ACT”; TO PROVIDE RELATED DEFINITIONS, TO PROVIDE FOR THE APPLICABILITY OF THE ARTICLE, THE OBLIGATION OF A COURT TO DETERMINE WHETHER SUBJECT PROPERTY IS HEIRS PROPERTY, AND TO PROVIDE INCONSISTENCIES IN CHAPTER 61, TITLE 15 BE RESOLVED IN FAVOR OF PROVISIONS IN ARTICLE 3; TO PROVIDE FOR NOTICE BY PUBLICATION AND THE EFFECT OF THE ARTICLE ON RELATED LIMITATIONS; TO IMPOSE CERTAIN REQUIREMENTS FOR COMMISSIONERS APPOINTED BY THE COURT; TO PROVIDE PROCEDURES FOR THE COURT TO FOLLOW IN DETERMINING THE VALUE OF HEIRS PROPERTY; TO PROVIDE A PROCEDURE FOR A COVENANT BUYOUT; TO PROVIDE PETITION ALTERNATIVES; TO PROVIDE CONSIDERATIONS APPLICABLE TO A PARTITION IN KIND; TO PROVIDE PROCEDURES FOR OPEN-MARKET SALES, SEALED BIDS, OR AUCTIONS; TO IMPOSE A REPORTING REQUIREMENT ON A BROKER APPOINTED TO OFFER HEIRS PROPERTY FOR OPEN-MARKET SALE; TO REQUIRE CERTAIN CONSIDERATIONS BE MADE TO PROMOTE UNIFORMITY OF THE APPLICATION AND CONSTRUCTION OF THIS ACT; TO SPECIFY HOW THE ACT MODIFIES CERTAIN FEDERAL ACTS PERTAINING TO ELECTRONIC SIGNATURES; AND TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1.
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Read the first time and referred to the Committee on Judiciary.
S. 1240 -- Senators Campbell, Bryant and Grooms: A BILL TO AMEND SECTION 41-35-20 OF THE 1976 CODE, RELATING TO THE PAYMENT OF UNEMPLOYMENT BENEFITS BASED ON CERTAIN SERVICES IN SCHOOLS OR INSTITUTIONS OF HIGHER EDUCATION, TO INCLUDE SERVICES PROVIDED BY SUBSTITUTE TEACHERS UNDER CERTAIN CIRCUMSTANCES.
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Senator CAMPBELL spoke on the Bill.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1241 -- Senator Bryant: A SENATE RESOLUTION TO HONOR AND COMMEND MR. BRYAN MOON FOR HIS DISTINGUISHED SERVICE AS A SOUTH CAROLINA STATE CONSTABLE FOR THIRTY-ONE YEARS.
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The Senate Resolution was adopted.
S. 1242 -- Senators Jackson and Matthews: A SENATE RESOLUTION TO HONOR THE TUSKEGEE AIRMEN UPON THE RELEASE OF THE MOTION PICTURE RED TAILS, WHICH FOCUSES ON THE COURAGEOUS EXPLOITS OF THESE WORLD WAR II AFRICANAMERICAN AVIATORS, AND TO ENCOURAGE THE PEOPLE OF THE PALMETTO STATE TO ATTEND THIS FINE PRODUCTION.
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The Senate Resolution was adopted.
REPORTS OF STANDING COMMITTEES
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S.859 -- Senators Rose and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 447272, 447274, 447276, and 447278 SO AS TO ESTABLISH PROVISIONS FOR RESIDENTIAL TREATMENT FACILITIES FOR CHILDREN AND ADOLESCENTS TO PROHIBIT LICENSURE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OF A FACILITY UNLESS IT IS AT LEAST ONE THOUSAND FEET FROM A SCHOOL, CHILDCARE FACILITY, PARK, PUBLIC SWIMMING POOL, AND MASS TRANSPORTATION STOPS; THAT REQUIRES A FACILTY TO NOTIFY LAW ENFORCEMENT OF THE ADMISSION OF A CHILD WHO HAS CHARGES FOR A VIOLENT CRIME PENDING OR WHO HAS BEEN CONVICTED OF A VIOLENT CRIME WITHIN THE PREVIOUS FIVE YEARS, TO PROVIDE SANCTIONS FOR FACILITIES IN VIOLATION OF THIS REQUIREMENT, AND TO REQUIRE A CHILD TO REGISTER AS A SEX OFFENDER IF THE PROVISIONS OF REGISTRATION APPLY TO THAT CHILD’S OFFENSE; THAT REQUIRE THE DEPARTMENT TO DEVELOP LEVELS OF FACILITY LICENSURE, AND LEVELS OF LICENSURE FOR PROGRAMS WITHIN A FACILITY, BASED UPON CLIENT DISORDERS AND BEHAVIOR AND SUPERVISION, SAFETY, AND SECURITY FACTORS WITHIN EACH FACILITY OR PROGRAM LEVEL; AND THAT REQUIRE THESE FACILITIES TO NOTIFY LAW ENFORCEMENT UPON A CLIENT LEAVING THE FACILITY WITHOUT PERMISSION AND TO MAINTAIN RECORDS OF THESE MATTERS, WHICH ARE SUBJECT TO INSPECTION BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S.1127 -- Senator Peeler: A BILL TO AMEND SECTION 13010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE CREATION OF THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING AUTHORITY, SO AS TO ELIMINATE THE SPECIFIC NUMBER OF BOARD MEMBERS THAT MUST BE APPOINTED TO GOVERN A DEPARTMENT; TO AMEND SECTIONS 40930 AND 40937, BOTH RELATING TO MEMBERSHIP ON THE BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 401520, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND BY ADDING AN ADDITIONAL LAY MEMBER; TO AMEND SECTION 403310, RELATING TO MEMBERSHIP ON AND DUTIES OF THE STATE BOARD OF NURSING, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO DELETE THE PROVISION AUTHORIZING THE BOARD TO ESTABLISH A FEE SCHEDULE IN REGULATIONS; TO AMEND SECTION 404340, RELATING TO MEMBERSHIP ON THE STATE BOARD OF PHARMACY, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 404510, RELATING TO MEMBERSHIP ON THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND BY ADDING AN ADDITIONAL MEMBER FROM THE GENERAL PUBLIC; TO AMEND SECTION 404710, RELATING TO MEMBERSHIP ON AND DUTIES OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO DELETE THE PROVISION AUTHORIZING THE BOARD TO ESTABLISH AN INITIAL FEE SCHEDULE IN REGULATIONS; TO AMEND SECTION 404711, RELATING TO MEMBERSHIP ON THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO DECREASE COMMISSION PHYSICIAN MEMBERSHIP FROM THIRTYSIX TO THIRTYFIVE BY CONTINUING TO APPOINT FIVE PHYSICIAN COMMISSIONERS FROM EACH CONGRESSIONAL DISTRICT, BY ELIMINATING THE SIX ATLARGE PHYSICIAN COMMISSIONERS, AND BY DECREASING LAY COMMISSION MEMBERSHIP FROM TWELVE TO SEVEN BY APPOINTING ONE, RATHER THAN TWO, LAY COMMISSIONERS FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 407510, RELATING TO MEMBERSHIP ON THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND PSYCHOEDUCATIONAL SPECIALIST, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 44120, RELATING TO MEMBERSHIP ON THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 44930 AND SECTIONS 4420210 AND 4420225, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO MEMBERSHIP ON THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, MEMBERSHIP ON THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS, AND MEMBERSHIP ON CONSUMER ADVISORY BOARDS TO THE COMMISSION ON DISABILITIES AND SPECIAL NEEDS, SO AS TO MAINTAIN THE SEVEN MEMBER MENTAL HEALTH COMMISSION, THE SEVEN MEMBER COMMISSION ON DISABILITIES AND SPECIAL NEEDS, AND THE SEVEN MEMBER CONSUMER ADVISORY BOARDS BY PROVIDING THAT ONE MEMBER MUST BE APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND BY ELIMINATING THE ONE STATEATLARGE MEMBER FROM EACH COMMISSION AND FROM EACH BOARD; BY ADDING SECTION 111320 SO AS TO PROVIDE FOR THE CONTINUATION OF THE TERM OF A PERSON WHO REPRESENTS A CONGRESSIONAL DISTRICT ON A BOARD, COMMISSION, OR COMMITTEE WHOSE RESIDENCY IS TRANSFERRED TO ANOTHER CONGRESSIONAL DISTRICT BY A CHANGE IN THE COMPOSITION OF THE DISTRICT; TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER TO REPRESENT THE CONGRESSIONAL DISTRICT FOR WHICH THE TRANSFERRED MEMBER WOULD HAVE SERVED IF THAT DISTRICT IS UNSERVED BY A RESIDENT MEMBER; AND TO PROVIDE FOR THE EXPIRATION OF TERMS AND VACANCIES OCCURRING IN THE AFFECTED DISTRICTS; AND TO DELETE OBSOLETE LANGUAGE AND MAKE CHANGES NECESSARY TO CONFORM TO THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H.3038 -- Rep. Umphlett: A BILL TO AMEND SECTION 443420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TATTOO FACILITY ENGAGING IN ANOTHER RETAIL BUSINESS, SO AS TO PROVIDE A TATTOO FACILITY MAY PROVIDE THE RETAIL SALE OF MERCHANDISE WITH IMAGES AND LANGUAGE PROMOTING THE ART AND CULTURE OF TATTOOING.
Ordered for consideration tomorrow.
Committee to Escort
The PRESIDENT appointed Senators ALEXANDER, CAMPBELL, McGILL, O’DELL and PEELER to escort the Honorable Fang Wong, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.
RECESS
At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.
JOINT ASSEMBLY
Address by the National Commander of the American Legion
At 12:30 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of the following Concurrent Resolution adopted by both Houses:
S.1114 -- Senators Knotts, Grooms, Leventis, Ford, Bryant, Verdin, Setzler, Rose, Fair, McGill, Cleary, Land, Hayes, Matthews, Pinckney, Reese, Coleman, Malloy, Cromer, Sheheen, McConnell, Bright and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE FANG WONG, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 21, 2012.
The Honorable Fang Wong, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators ALEXANDER, CAMPBELL, McGILL, O’DELL and PEELER and Representatives Long, Johnson and Pope.
The PRESIDENT of the Senate introduced the Honorable Fang Wong, National Commander of the American Legion.
Commander Wong addressed the Joint Assembly as follows:
Lt. Governor Ard, I thank you for that kind introduction. It’s truly an honor to speak to such a distinguished body in this historic State House. Before I begin, please allow me to take a moment to introduce members of the American Legion family who are with me today:
First, it’s a real pleasure for me to introduce the Commander of the South Carolina American Legion, Mickey Taylor of Murrells Inlet Post #178 and Myrtle Beach, South Carolina. The National Executive Committeeman for the Department of South Carolina, John Palmer of Seneca Post #120 and Mountain Rest, South Carolina, and Department Adjutant Jimmy Hawk of Richland Post #6 and Irmo, South Carolina. My aide and fellow New Yorker, Doug Malim. Auxiliary Department of South Carolina President and Department Secretary, Louise Winesett from Columbia, South Carolina. Auxiliary NECWoman Betty McMorrow of Little River, South Carolina. Alternate NECWoman Brenda Collins of Greenville, South Carolina. The Commander of the South Carolina Detachment of the Sons of the American Legion, Jim Moore from Squadron #186 Little River, South Carolina.
We also have with us the Director of the American Legion Riders of South Carolina, Walt Richardson from Chapter #193 Chapin, South Carolina.
On behalf of the 2.4 million Legionnaires around the world and the nearly 200 Legion posts throughout the State of South Carolina, I want to thank each of you for what you do for our men and women who serve in our military and our veterans from past wars.
I would also like to acknowledge the fine work of the two men designated by the Department of South Carolina as the Outstanding Members of the Legislature for 2012. State Senator JAKE KNOTTS and Representative THOMAS E. POPE -- we appreciate all that you do on behalf of veterans.
Ladies and gentlemen, South Carolina can truly be proud of its military tradition. While 9.3 percent of Americans can claim the title of “veteran,” 11.6 percent of the residents of South Carolina have earned this status.
Among those is Marine Lance Corporal Kyle Carpenter of Gilbert. This legislature recently passed a resolution in honor of Lance Corporal Carpenter, after he was severely wounded while shielding a fellow Marine from a grenade attack on a rooftop in Marjah, Afghanistan.
Investigators are trying to determine whether Kyle’s action merit a Congressional Medal of Honor. Lance Corporal Jared Riley, who served with Kyle, said, “Kyle committed his body to making the ultimate sacrifice. It just wasn’t his time. He didn’t try to throw the grenade away and lose a hand, he didn’t try to cover it with a kevlar, he covered that grenade just as he approached everything in life, with everything he had.”
The Marine Corps Times reported that Lance Corporal Carpenter’s injuries left him clinging to life and badly scarred, but he has battled back after at least 30 surgeries to serve as an inspiration for fellow Marines, who admire his can-do spirit as he pushes through additional treatment at Walter Reed National Military Medical Center in Bethesda, Maryland.
These young men and women who serve today are role models that continue to inspire us all. As a Vietnam War veteran who made a career of the U.S. Army, I have had the privilege of spending substantial time with veterans who have served in all the war eras since the last half of the century.
Regardless of when the veteran served, the sense of honor, duty and country permeates throughout the ranks. When California Governor Ronald Reagan introduced returning POW John McCain at a speaking engagement in 1974,the future president asked, “Where do we find such men?” He was speaking of many veterans, when he answered, “We find them in our streets, in the offices, the shops and the working places of our country and on the farms.”
Ladies and gentlemen -- we also find a great many of them right here in South Carolina. Men and women working in factories, attending universities or running the registers at the local grocery stores. Most are unassuming. You wouldn’t know at all that they are military veterans unless you happen to see them at a parade or run across an old photograph of them in uniform.
But even those who are not very vocal about their military service deserve to be thanked or acknowledged. That is why the American Legion welcomes the proposal that you are considering to allow the Department of Motor Vehicles to denote one’s status as a military veteran on their South Carolina driver’s licenses. As my predecessor, Jimmie Foster, said last year --Symbols Matter.
But the American Legion also recognizes that it is important to support the families of veterans. We believe that America must never forget her fallen heroes, which is why we try to honor them by caring for their most precious legacy --their children. The American Legion Legacy Scholarship provides educational opportunities for children of military members who died while serving their country since 9/11.