TUESDAY, MARCH 15, 2016
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Tuesday, March 15, 2016
(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:
We read in Exodus, as Moses and the people gathered in anticipation at the Holy Mountain, that:
“On the morning of the third day there was thunder and lightning, as well as a thick cloud on the mountain and a blast of a trumpet so loud that all the people who were in the camp trembled.” (Exodus 19:16)
Let us pray:
Holy and All-Powerful God, it seems these days that almost everywhere we turn we stumble across or hear about unsettledness, tumult, even violence. Clearly, around the globe and here at home there is unrest and uneasiness, as well as a yearning for renewal and for calm and peace. In the face of all this we ask for fresh awareness of Your holy presence. Give us all hope for the future, dear God. Especially grant that each of these Senators and every other public servant in our State as well as those across this land join together and work in positive, meaningful ways. We pray this in Your loving name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Motion Adopted
On motion of Senator SHANE MARTIN, with unanimous consent, Senators MASSEY, MALLOY and THURMOND were granted leave to attend a conference committee meeting and were granted leave to vote from the balcony.
Point of Quorum
At 12:12 P.M., Senator SCOTT made the point that a quorum was not present. It was ascertained that a quorum was not present.
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Call of the Senate
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bennett Bright
Bryant Corbin Courson
Cromer Davis Fair
Grooms Hayes Johnson
Kimpson Leatherman Malloy
Martin, Larry Martin, Shane Massey
Matthews, Margie Nicholson Peeler
Scott Shealy Sheheen
Thurmond Turner Young
A quorum being present, the Senate resumed.
REGULATION WITHDRAWN AND RESUBMITTED
The following was received:
Document No. 4564
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Section 44-7-260
SUBJECT: Standards for Licensing Habilitation Centers for Persons with Intellectual Disability or Persons with Related Conditions
Received by Lieutenant Governor May 20, 2015
Referred to Medical Affairs Committee
Withdrawn and Resubmitted March 15, 2016
Doctor of the Day
Senator FAIR introduced Dr. C. Wendell James of Greenville, S.C., Doctor of the Day.
Leave of Absence
At 12:12 P.M., Senator CROMER requested a leave of absence for Senator CAMPSEN for the day.
Leave of Absence
At 12:13 P.M., Senator ALEXANDER requested a leave of absence for Senator CLEARY until 1:30 P.M.
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Leave of Absence
At 12:26 P.M., Senator VERDIN requested a leave of absence until 1:00 P.M.
Leave of Absence
At 12:49 P.M., Senator THURMOND requested a leave of absence for Senator RANKIN for the day.
Leave of Absence
At 1:13 P.M., Senator BRYANT requested a leave of absence for Senator ALEXANDER for the day.
Expression of Personal Interest
Senator COURSON rose for an Expression of Personal Interest.
CO-SPONSOR REMOVED
The following co-sponsor was removed from the respective Bill:
S. 550 Sen. Campbell
RECALLED AND ADOPTED
H.5075 -- Reps. Hamilton, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G.A.Brown, R.L.Brown, Burns, Chumley, Clary, Clemmons, Clyburn, CobbHunter, Cole, Collins, Corley, H.A.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, RobinsonSimpson, Rutherford, Ryhal, Sandifer, Simrill, G.M.Smith, G.R.Smith, J.E.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, MARCH 15, 2016, “SOUTH CAROLINA REALTOR DAY” IN ORDER TO RECOGNIZE AND HONOR THE MANY
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OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.
The Resolution was recalled from the Committee on Labor, Commerce and Industry.
Senator ALEXANDER asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator ALEXANDER, the Resolution was adopted and ordered sent to the House.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1168 -- Senator L. Martin: A SENATE RESOLUTION TO CONGRATULATE THE PENDLETON DISTRICT COMMISSION UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO THANK THE COMMISSION FOR ITS HALF CENTURY OF SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1169 -- Senator Gregory: A BILL TO AMEND SECTION 20-3-130(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, SO AS TO PROVIDE FOR TWO NEW FORMS OF ALIMONY AND TO CHANGE THE DEFINITION OF COHABITATION; TO AMEND SECTION 20-3-150, RELATING TO SEGREGATION OF ALLOWANCE BETWEEN SPOUSE AND CHILDREN AND THE EFFECT OF REMARRIAGE OF A SPOUSE, SO AS TO CHANGE THE DEFINITION OF COHABITATION.
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Read the first time and referred to the Committee on Judiciary.
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S. 1170 -- Senator Gregory: A BILL TO AMEND SECTION 20-3-130(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, SO AS TO PROVIDE THAT CERTAIN EARNINGS OF A SUBSEQUENT SPOUSE ARE NOT TO BE CONSIDERED BY THE COURT WHEN MAKING, MODIFYING, OR TERMINATING THE AWARD OF ALIMONY.
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Read the first time and referred to the Committee on Judiciary.
S. 1171 -- Senator Sheheen: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MRS. ESSIE JOHNSON AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1172 -- Senator J. Matthews: A SENATE RESOLUTION TO COMMEND BENNIE LEE PREZZY OF ORANGEBURG COUNTY FOR A LIFETIME OF DEDICATED SERVICE TO HIS COMMUNITY AND BEYOND AND TO WISH HIM MUCH BLESSING AND FULFILLMENT IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
H. 3036 -- Reps. Cobb-Hunter, Bamberg and McKnight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-75 SO AS TO DECLARE JANUARY SEVENTEENTH OF EACH YEAR AS "EARTHA KITT DAY" IN SOUTH CAROLINA IN HONOR OF THE LATE EARTHA MAE KITT, NATIONALLY AND INTERNATIONALLY KNOWN ACTRESS, SINGER, AND NATIVE SOUTH CAROLINIAN AND TO PROMOTE CULTURAL TOURISM IN THE STATE IN ORDER TO ENHANCE THE ECONOMIC WELL-BEING AND IMPROVE THE QUALITY OF LIFE OF ALL SOUTH CAROLINIANS.
Read the first time and referred to the Committee on Judiciary.
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H. 5064 -- Rep. R. L. Brown: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL CONDUCT, OR CAUSE TO BE CONDUCTED, BY A QUALIFIED OUTSIDE ENTITY, A FEASIBILITY STUDY CONCERNING THE MOST EFFICIENT AND COST-EFFECTIVE MANNER IN WHICH TO PROVIDE CLEAN DRINKING WATER TO THE RESIDENTS OF WADMALAW ISLAND IN CHARLESTON COUNTY WITHOUT THE USE OF WELLS WITH THE POTENTIAL OF CONTAMINATION.
Read the first time and referred to the Committee on Medical Affairs.
H. 5083 -- Reps. Clemmons, Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO REMEMBER ALL THE CHILDREN AND THEIR FAMILIES WHO WERE KILLED IN THE HOLOCAUST, TO HONOR HOLOCAUST SURVIVORS AND THEIR RESCUERS AND LIBERATORS, AND TO MARK THE UNVEILING OF THE PERMANENT BUTTERFLY MEMORIAL MONUMENT IN MYRTLE BEACH THAT WILL COMMEMORATE THEM FOR BOTH PRESENT AND FUTURE GENERATIONS.
The Concurrent Resolution was introduced and referred to the General Committee.
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H. 5085 -- Reps. Erickson, Collins, M. S. McLeod, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM, TO COMMEND THE IMPORTANT WORK BEING DONE TO COMBAT THIS SERIOUS PROBLEM, AND TO DECLARE TUESDAY, APRIL 26, 2016, AS "CHILDREN'S ADVOCACY CENTER DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5086 -- Reps. Gagnon, Southard, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E.
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Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE ABBEVILLE HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 CLASS AA STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
READ THE THIRD TIME
SENT TO THE HOUSE
The following Bill was read the third time and ordered sent to the House of Representatives:
S.280 -- Senator Peeler: A BILL TO AMEND SECTION 4011260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENTS AND NET WORTH REQUIREMENTS FOR GENERAL CONTRACTORS AND MECHANICAL CONTRACTORS, SO AS TO ADJUST THE NET WORTH REQUIREMENTS FOR LICENSURE AND LICENSE RENEWAL, AND TO DELETE OBSOLETE LANGUAGE.
The Senate proceeded to the consideration of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 34; Nays 0
AYES
Allen Bennett Bright
Bryant Campbell Corbin
Courson Cromer Davis
Fair Gregory Grooms
Hayes Jackson Johnson
Kimpson Leatherman Malloy
Martin, Shane Massey Matthews, John
Matthews, Margie McElveen Nicholson
Peeler Sabb Scott
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Setzler Shealy Sheheen
Thurmond Turner Williams
Young
Total--34
NAYS
Total--0
Statement by Senators ALEXANDER and LARRY MARTIN
We were temporarily out of the Chamber for the Governor’s Bill signing ceremony for the Domestic Violence Fatality Review Committee and would have voted in favor of third reading of the Bill.
AMENDED, CARRIED OVER
S.653 -- Senator Scott: A BILL TO AMEND SECTION 386380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INDIVIDUAL LIFE INSURANCE POLICY BENEFIT PROCEEDS IN A LUMP SUM, SO AS TO PROVIDE THE INTEREST PAID MUST BE PAID AT A RATE NOT LESS THAN THE CURRENT RATE INTEREST PAID ON DEATH PROCEEDS LEFT ON DEPOSIT WITH THE INSURER; AND TO AMEND SECTION 3865120, RELATING TO PAYMENT OF GROUP LIFE INSURANCE POLICY BENEFIT PROCEEDS IN A LUMP SUM, SO AS TO CLARIFY THE REQUIREMENTS FOR CLAIMS SUBMISSIONS, AND TO PROVIDE INTEREST PAID ON LUMP SUM PAYMENTS MUST BE PAID AT A RATE NOT LESS THAN THE CURRENT RATE OF INTEREST PAID ON DEATH PROCEEDS LEFT ON DEPOSIT WITH THE INSURER.
The Senate proceeded to a consideration of the Bill.
Senator SCOTT explained the Bill.