South Carolina General Assembly
121st Session, 2015-2016
Journal of the Senate

Tuesday, May 5, 2015
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.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 that:

"The righteous walk in integrity -- happy are the children who follow them."     (Proverbs 20:7)

Let us pray:

Frequently here in this Senate Chamber, dear God, though not today, the gallery is filled with school children from many places throughout South Carolina. How delightful to hear their voices as they join in the Pledge of Allegiance, to watch them as they observe these Senators at work. We pray, Lord, that all of our visitors will -- above all else -- hear and observe things unfolding in this Chamber in ways that remind them how important "integrity" is for these Senators. May the honesty, the uprightness, and the sincerity of each Senator so register upon these children, upon all visitors here, that these guests leave this place determined to "walk in integrity" in their own lives -- just as these Senators strive to do. In Your name we pray, O Glorious 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

Initial Appointment, Chester County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Lenard Price, 1751 Columbia Road, Chester, SC 29706 VICE Diane Moore

Doctor of the Day

Senator CROMER introduced Dr. John W. Schaberg, of West Columbia, S.C., Doctor of the Day.

Leave of Absence

At 10:32 A.M., Senator McELVEEN requested a leave of absence for Senator KIMPSON for the day.

Leave of Absence

At 10:32 A.M., Senator PEELER requested a leave of absence for Senator COURSON until 11:00 A.M.

RECALLED

H. 3560 (Word version) -- Reps. Limehouse, Sottile, McCoy and Spires: A BILL TO AMEND SECTION 59-25-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED NOTICE AND HEARINGS FOR DISMISSAL OF A TEACHER, SO AS TO PROVIDE THAT THE BOARD MAY DESIGNATE A HEARING OFFICER TO CONDUCT A DISMISSAL HEARING AND ISSUE A REPORT WITH RECOMMENDATIONS, TO PROVIDE RELATED REQUIREMENTS OF A HEARING OFFICER, TO PROVIDE A HEARING MUST BE PRIVATE UNLESS THE TEACHER REQUESTS IN WRITING THAT THE HEARING BE PUBLIC, TO PROVIDE THAT A NOTICE OF DISMISSAL MUST BE GIVEN BY THE SUPERINTENDENT OR HIS DESIGNEE INSTEAD OF THE SCHOOL BOARD, TO SPECIFY USE OF A COURT REPORTER TO RECORD THE PROCEEDINGS, AND TO PROVIDE AN APPEALS PROCESS.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

The Bill was recalled from the Committee on Education and ordered placed on the Calendar for consideration tomorrow.

Motion Adopted

On motion of Senator HAYES, with unanimous consent, the Bill was recalled with the following report: Senator HAYES for the majority favorable and Senator MALLOY for the minority unfavorable.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 745 (Word version) -- Senator McElveen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE WILSON HALL GOLF TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 746 (Word version) -- Senators L. Martin and Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE SAM W. STOKES FOR HIS MANY YEARS OF PUBLIC SERVICE AND REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE JOCASSEE GORGES FIELD OFFICE LOCATED IN THE EASTATOEE VALLEY IN PICKENS COUNTY "SAM W. STOKES WORK CENTER" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OFFICE THAT CONTAIN THE WORDS "SAM W. STOKES WORK CENTER".
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 747 (Word version) -- Senators Kimpson and Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MRS. MARY ANN MOULTRIE OF CHARLESTON AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 748 (Word version) -- Senators Johnson, Allen, Scott, Sabb, Williams, Malloy, Matthews and Nicholson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE SOUTH CAROLINA MORTICIANS ASSOCIATION FOR THE OUTSTANDING SERVICE THESE DEDICATED MORTUARY PROFESSIONALS PERFORM FOR THE CITIZENS OF THE PALMETTO STATE AND TO CONGRATULATE THEM UPON THE NINETIETH ANNIVERSARY OF THEIR SIGNIFICANT WORK THROUGH THE ASSOCIATION.
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The Senate Resolution was adopted.

S. 749 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JAMES WHITE, SR., FOR HIS OUTSTANDING SERVICE TO THE COMMUNITY, FOR HIS ADVOCACY FOR JUSTICE AND CIVIL RIGHTS, AND FOR HIS MEANINGFUL CONTRIBUTIONS TO THE PALMETTO STATE.
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The Senate Resolution was adopted.

REPORT OF STANDING COMMITTEE

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3914 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PARTICLE ACCELERATORS (TITLE C), DESIGNATED AS REGULATION DOCUMENT NUMBER 4482, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 746 (Word version) -- Senators L. Martin and Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE SAM W. STOKES FOR HIS MANY YEARS OF PUBLIC SERVICE AND REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE JOCASSEE GORGES FIELD OFFICE LOCATED IN THE EASTATOEE VALLEY IN PICKENS COUNTY "SAM W. STOKES WORK CENTER" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OFFICE THAT CONTAIN THE WORDS "SAM W. STOKES WORK CENTER".

Returned with concurrence.

Received as information.

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. 490 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 1-23-280 OF THE 1976 CODE, RELATING TO THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE, TO PROVIDE THAT IT IS THE DUTY OF THE COMMITTEE TO REQUEST FROM AN AGENCY PROMULGATING A REGULATION BEING REVIEWED BY THE COMMITTEE A RESPONSE TO THE COMMITTEE'S REQUEST FOR INFORMATION RELATED TO THE REGULATION AND TO PROVIDE THAT THE AGENCY MUST RESPOND TO THE REQUEST WITHIN FIFTEEN DAYS, TO PROVIDE THAT THE COMMITTEE SHALL HAVE THE ABILITY TO REQUEST INFORMATION AND A REGULATORY FLEXIBILITY ANALYSIS ON A PROPOSED REGULATION AFTER THE PUBLIC HEARING DATE OR A REGULATORY FLEXIBILITY ANALYSIS ON AN EXISTING REGULATION, AND THE ABILITY TO PETITION THE STATE AGENCY OR THE GENERAL ASSEMBLY, OR BOTH, TO AMEND, REVISE, OR REVOKE A REGULATION IF THE COMMITTEE DETERMINES THERE WILL BE A SIGNIFICANT ADVERSE IMPACT ON SMALL BUSINESSES, TO PROVIDE FOR THE ADJUSTMENT OF COMMITTEE MEMBERS' TERMS TO ACHIEVE STAGGERED TERMS, AND TO PROVIDE THAT AN APPOINTED COMMITTEE MEMBER SHALL NOT SERVE CONSECUTIVELY FOR MORE THAN SIX YEARS.

SECOND READING BILLS

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

H. 3900 (Word version) -- Reps. Allison, Brannon, Cole, Forrester, Hicks and Tallon: A BILL TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SPARTANBURG COUNTY SCHOOL DISTRICT 5 BOARD OF TRUSTEES MUST BE ELECTED BEGINNING WITH THE 2015 SCHOOL DISTRICT ELECTIONS, TO DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED, TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS, AND TO PROVIDE FOR THE TRUSTEES' TERMS AND MANNER OF ELECTION.

H. 4055 (Word version) -- Reps. Cole and Mitchell: A BILL TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SPARTANBURG COUNTY SCHOOL DISTRICT 7 BOARD OF TRUSTEES MUST BE ELECTED BEGINNING WITH THE 2015 SCHOOL DISTRICT ELECTIONS, TO DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.

READ THE SECOND TIME

S. 338 (Word version) -- Senators S. Martin and Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS REGARDING PRISONERS, BY ADDING SECTION 24-13-180 TO PROVIDE THAT ANY PUBLIC, PRIVATE, OR NONPROFIT ENTITY WHICH IS ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF ITS PROGRAM PROVIDES RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY OF THE ADDRESSES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT A PUBLIC HEARING REGARDING THE PROGRAM AND THE LOCATION OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITY WHERE THEY WILL BE LOCATED.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 37; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Cromer                    Davis                     Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Leatherman                Malloy                    Martin, Larry
Martin, Shane             Massey                    McElveen
O'Dell                    Peeler                    Pinckney
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

CARRIED OVER

H. 3266 (Word version) -- Reps. Hiott, Bannister, Brannon, Erickson, Henderson, Collins, Sandifer, Corley, Tallon, Taylor, Thayer, Wells, Felder, Kirby, Hixon, Hodges, Riley, Ott, Goldfinch, Hardee, Gagnon, Pitts, Finlay, Southard, D.C. Moss, Chumley, Yow, Huggins, Kennedy, Rivers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 TO TITLE 15 SO AS TO ESTABLISH THE "TRESPASSER RESPONSIBILITY ACT" WHICH PROVIDES A LIMITATION ON LIABILITY BY LAND POSSESSORS TO TRESPASSERS, AND TO PROVIDE EXCEPTIONS.

On motion of Senator MALLOY, the Bill was carried over.

S. 629 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-1-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATE THAT SCHOOL DAYS MISSED DUE TO WEATHER CONDITIONS OR OTHER DISRUPTIONS BE MADE UP, SO AS TO PROVIDE A LOCAL SCHOOL BOARD MAY WAIVE UP TO THREE SUCH MISSED DAYS, TO PROVIDE THIS WAIVER ONLY MAY BE GRANTED BY MAJORITY VOTE OF THE LOCAL SCHOOL BOARD, TO PROVIDE THE STATE BOARD OF EDUCATION MAY WAIVE THREE OR FEWER SUCH MISSED DAYS IN ADDITION TO THOSE WAIVED BY THE LOCAL SCHOOL BOARD, AND TO PROVIDE THESE WAIVERS ONLY MAY BE GRANTED BY MAJORITY VOTE OF THE LOCAL SCHOOL BOARD AND ONLY MAY BE GRANTED AT THE REQUEST OF THE LOCAL SCHOOL BOARD.

On motion of Senator HAYES, the Bill was carried over.

S. 165 (Word version) -- Senators Hembree, Turner, Bennett and Massey: A BILL TO AMEND SECTION 1-23-600 OF THE 1976 CODE, RELATING TO HEARINGS AND PROCEEDINGS IN THE ADMINISTRATIVE LAW COURT, TO PROVIDE THAT A REQUEST FOR A CONTESTED CASE HEARING FOR AN AGENCY ORDER STAYS THE ORDER FOR THIRTY DAYS, PROVIDED, HOWEVER, THAT MATTERS NOT AFFECTED BY THE REQUEST MAY NOT BE STAYED BY THE FILING OF THE REQUEST, AND TO DELETE THE PROVISIONS THAT A REQUEST FOR A CONTESTED CASE HEARING FOR AN ORDER TO REVOKE OR SUSPEND A LICENSE STAYS THE REVOCATION OR SUSPENSION, AND FOR A DECISION TO RENEW A LICENSE FOR AN ONGOING ACTIVITY STAYS THE RENEWED LICENSE, AND TO PROVIDE THAT AFTER A CONTESTED CASE IS INITIATED BEFORE THE ADMINISTRATIVE LAW COURT, A PARTY MAY MOVE BEFORE THE PRESIDING ADMINISTRATIVE LAW JUDGE FOR INJUNCTIVE RELIEF PURSUANT TO APPLICABLE LAW, AND TO DELETE THE PROVISION THAT THE COURT SHALL LIFT THE STAY FOR GOOD CAUSE SHOWN OR IF NO IRREPARABLE HARM WILL OCCUR, THEN THE STAY SHALL BE LIFTED, AND TO DELETE THE REQUIREMENT THAT A HEARING MUST BE HELD WITHIN THIRTY DAYS TO LIFT THE AUTOMATIC STAY OR FOR A DETERMINATION OF THE APPLICABILITY OF THE AUTOMATIC STAY, AND TO DELETE THE REQUIREMENT THAT THE JUDGE MUST ISSUE AN ORDER NO LATER THAN FIFTEEN BUSINESS DAYS AFTER THE HEARING IS CONCLUDED, AND TO PROVIDE THAT ANY INJUNCTION ORDERED BY THE ADMINISTRATIVE LAW COURT SHALL REQUIRE THE POSTING OF A BOND OR OTHER SECURITY SUFFICIENT FOR THE COST AND EXPENSE OF THE LITIGATION AND PROJECT DELAY AS DEMONSTRATED BY AN AFFIDAVIT MADE ON A GOOD FAITH ESTIMATE OF SUCH COST AND EXPENSE.

On motion of Senator MASSEY, the Bill was carried over.

H. 3168 (Word version) -- Reps. Tallon, McCoy and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 9, TITLE 25 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MANAGEMENT LAW ENFORCEMENT ACT", TO DEFINE NECESSARY TERMS, AND PROVIDE QUALIFICATIONS, POWERS, DUTIES, AND LIMITATIONS OF SPECIAL LAW ENFORCEMENT OFFICERS SERVING PURSUANT TO THIS ARTICLE.

On motion of Senator BRIGHT, the Bill was carried over.

S. 505 (Word version) -- Senators L. Martin, Hembree and Shealy: A BILL TO AMEND SECTION 24-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS OF PROBATION, SO AS TO TOLL THE PERIOD DURING PERIODS OF CIVIL COMMITMENT; TO AMEND SECTION 24-21-560, AS AMENDED, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO TOLL THE COMMUNITY SUPERVISION PERIOD DURING PERIODS OF CIVIL COMMITMENT; AND TO AMEND SECTION 24-21-670, RELATING TO PERIODS OF PAROLE, SO AS TO TOLL THE PAROLE PERIOD DURING PERIODS OF CIVIL COMMITMENT.

On motion of Senator SABB, the Bill was carried over.

AMENDMENT PROPOSED, CARRIED OVER

H. 3890 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 59-1-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT ALL SCHOOL DAYS MISSED FOR SCHOOL CLOSINGS NECESSITATED BY WEATHER CONDITIONS OR OTHER DISRUPTIONS REQUIRING SCHOOLS TO CLOSE MUST BE MADE UP, SO AS TO PROVIDE THAT WHEN SCHOOLS CLOSE BECAUSE THE GOVERNOR DECLARES A STATE OF EMERGENCY DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER NATURAL DISASTERS, STUDENTS IN THOSE SCHOOLS ARE NOT REQUIRED TO MAKE UP ANY DAYS MISSED AS A RESULT.

The Senate proceeded to a consideration of the Bill.

Senator THURMOND proposed the following amendment (AGM\3890C005.AGM.AB15):

Amend the bill, as and if amended, Section 59-1-425(B), as contained in SECTION 1, page 1, line 35 by adding / ; provided, however, that a school district may not designate a make-up day on a state holiday or a federal holiday / after / occurrences /.

Renumber sections to conform.

Amend title to conform.

Senator THURMOND explained the amendment.

On motion of Senator HUTTO, the Bill was carried over.

POINT OF ORDER

H. 3575 (Word version) -- Reps. Jefferson, Southard, Johnson, Ott, Crosby, Dillard, Hosey, Knight, Williams, Gagnon and Gambrell: A BILL TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "SOLID WASTE" TO EXCLUDE STEEL SLAG.

The Senate proceeded to a consideration of the Bill.

Senator CLEARY explained the Bill.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3646 (Word version) -- Reps. Burns, Southard, Loftis, Ott and Dillard: A BILL TO AMEND SECTION 44-55-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS, SO AS TO ALLOW FOR NONGRAVITY-BASED SOIL-BASED ON-SITE DISPOSAL SYSTEMS; TO AMEND SECTION 44-55-1320, RELATING TO WASTEWATER COLLECTION, TREATMENT, AND DISCHARGE, SO AS TO AUTHORIZE SINGLE OR MULTIPLE DWELLING UNITS TO USE A COMMUNITY OR COMMERCIAL PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1330, RELATING TO SYSTEM INSTALLATION REQUIREMENTS, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR A PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM AND TO SET DESIGNATIONS FOR THE TRENCH BOTTOM OF A DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1350, RELATING TO TILE FIELD PRODUCT REGULATIONS, SO AS TO ADD THE REQUIREMENTS OF SECTION 44-55-1310 TO REGULATIONS PROMULGATED OVER PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS; AND TO REPEAL SECTION 44-55-1340 RELATING TO FINANCIAL ASSURANCE.

The Senate proceeded to a consideration of the Bill.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3748 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3749 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HYPODERMIC DEVICES; AND DRUGS AND DEVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3847 (Word version) -- Reps. G.R. Smith, Burns, Hamilton, Loftis, Robinson-Simpson, Putnam, Allison, Bannister, Chumley, Dillard, Nanney, Stringer and Willis: A JOINT RESOLUTION TO TEMPORARILY EXEMPT APPLICANTS FOR LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST ASSISTANT FROM THE REQUIREMENT OF HAVING A BACHELOR'S DEGREE FROM A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION FOUND IN SECTION 49-67-220 OF THE 1976 CODE IF THE APPLICANT HOLDS A BACHELOR'S DEGREE IN SPEECH-LANGUAGE PATHOLOGY FROM A NATIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION; TO PROVIDE THAT THE PROVISIONS OF THIS JOINT RESOLUTION LIBERALLY MUST BE CONSTRUED TO EFFECTUATE THE PURPOSES OF THIS JOINT RESOLUTION AND MUST BE APPLIED RETROACTIVELY; AND TO PROVIDE FOR THE EXPIRATION OF THIS JOINT RESOLUTION ON JULY 1, 2019.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 737 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 738 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 739 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4496, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 740 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4485, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 741 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4484, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 742 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 4483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Point of Order

Senator MALLOY raised a Point of Order under Rule 39 that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

ADOPTED

H. 4035 (Word version) -- Reps. Robinson-Simpson, Jefferson, 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, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, 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, 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 AND HONOR THE OFFICERS, MEMBERS, AND AUXILIARIES OF THE SOUTH CAROLINA STATE CHAPTERS OF ZETA PHI BETA SORORITY, INCORPORATED, FOR THEIR OUTSTANDING SERVICE TO THE CITIZENS OF OUR STATE, OUR NATION, AND THE INTERNATIONAL COMMUNITY AND TO DECLARE MAY 20, 2015, "ZETA PHI BETA SORORITY DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was adopted and ordered returned to the House.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3701, THE GENERAL APPROPRIATIONS BILL.

AMENDED, DEBATE INTERRUPTED

H. 3701--GENERAL APPROPRIATIONS BILL

H. 3701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Amendment No. 15

Senator SHANE MARTIN proposed the following amendment (DAD 1.74 V2 SM), which was adopted(#10):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 376, proviso 1.74 (Reading Coaches), line 5, by inserting after "expenditures" at the end of the sentence: / , except for districts that are currently paying for reading coaches with local funds /

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 408, proviso 1A.75 (Reading Coaches), line 30, by inserting after "expenditures" at the end of the sentence: / , except for districts that are currently paying for reading coaches with local funds /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHANE MARTIN explained the amendment.

The amendment was adopted.

On motion of Senator SHANE MARTIN, with unanimous consent, Amendment No. 3 was withdrawn.

Amendment No. 16

Senators LARRY MARTIN, FAIR, BRYANT and CAMPSEN proposed the following amendment (3701R019.KSG.LAM.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 507, after line 21, by adding an appropriately numbered new proviso to read:

/ 84.   (DOT: sunset suspended)   The provisions of Section 6 of Act 114 of 2007 are suspended for the current fiscal year. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LARRY MARTIN explained the amendment.

Point of Order

Senator SHEHEEN raised a Point of Order that Amendment No. 16 was out of order inasmuch as it was violative of Rule 24A.

The PRESIDENT overruled the Point of Order.

Senator LARRY MARTIN resumed speaking on the amendment.

On motion of Senator GROOMS, the amendment was carried over.

Amendment No. 17

Senator MASSEY proposed the following amendment (3701R015.EB.ASM.DOCX), which was adopted(#11):

Amend the bill, as and if amended, Part IB, Section 91, LEGISLATIVE DEPARTMENT, page 512, proviso 91.20, line 32, by striking lines 32-33 and inserting:

/ his designee; and the House Minority Leader, or his designee. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MASSEY explained the amendment.

The amendment was adopted.

Amendment No. 25

Senators PEELER, HEMBREE, MASSEY, TURNER, YOUNG, THURMOND, CAMPSEN, CLEARY, GREGORY, GROOMS, CROMER, SHEALY, BENNETT, FAIR, DAVIS, BRYANT, HAYES, LARRY MARTIN, ALEXANDER, BRIGHT, COURSON, VERDIN and RANKIN proposed the following amendment (3701 BOND STUDY COMMITTEE.DOCX), which was adopted(#12):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 588, after line 17, by adding an appropriately numbered new proviso to read:

/117.__ (GP: Capital Bond Study Committee) Notwithstanding any other provision of law, (A) from the funds appropriated to the Senate, the House of Representatives and the Governor's Office, there is established a Capital Bond Study Committee. The committee shall be composed of:

(1) three members of the Senate, one member appointed by the chairman of the Senate Finance Committee, one member appointed by the Majority Leader and one member appointed by the Minority Leader;

(2) three members of the House of Representatives, one member appointed by the chairman of the House Ways and Means Committee, one member appointed by the Majority Leader and one member appointed by the Minority Leader; and

(3) three members appointed by the Governor.

All appointments shall be made not later than July 15, 2015. The committee must be staffed by the staff of the Senate, the House of Representatives and the Governor's Office. Members of the committee shall receive mileage, subsistence and per diem at the rate provided by law. The committee may elect a chairperson and other appropriate officers from its membership. The committee shall begin meeting as soon as possible to accomplish the goals set forth in this paragraph.

(B) The committee shall study the capital needs of the state's higher education institutions, including the technical college system. The study shall include, but is not limited to:

(1) capital improvement plans of higher education institutions;

(2) long term capital bond needs;

(3) bond capacity and debt service;

(4) other related subjects that may serve to inform the General Assembly and the Governor as determined by the committee; and

(5) the merits, necessity and projected costs of each of the capital improvement plans and projects it studies and prepare recommendations addressing the priority of the projects for future funding.

(C) The committee may solicit information from any person or entity it deems relevant to its study. The committee must make a report of its findings and recommendations, including proposed legislation, to the Joint Bond Review Committee by December 31, 2015, at which time the study committee shall be dissolved.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator COURSON spoke on the amendment.

The amendment was adopted.

RECESS

At 12:25 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:45 P.M.

At 2:22 P.M., the Senate resumed.

Motion Adopted

On motion of Senator WILLIAMS, with unanimous consent, Senators HAYES, MATTHEWS, JACKSON and HUTTO were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

Amendment No. 22

Senators CLEARY and RANKIN proposed the following amendment (DKA\3701C008.DKA.DG15.DOCX), which was tabled.

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 608, proviso 118.14, after line 23, by inserting:

/   ( )   J16 - Department of Disabilities and Special Needs

Savannah's Playground               $150,000 /.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator BRIGHT spoke on the amendment.

Senator BRIGHT moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 32; Nays 13

AYES

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Cleary                    Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Leatherman                Malloy
Martin, Larry             Martin, Shane             Massey
O'Dell                    Peeler                    Pinckney
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--32

NAYS

Allen                     Coleman                   Hutto
Jackson                   Johnson                   Lourie
Matthews                  McElveen                  Nicholson

Rankin   Reese   Sabb
Scott

Total--13

The amendment was laid on the table.

Having voted on the prevailing side, Senator SHEHEEN moved to reconsider the vote whereby the amendment was laid on the table.

Senator SHEHEEN moved to carry over the motion to reconsider the vote whereby Amendment No. 22 laid on the table.

The question then was the motion to carry over the motion to reconsider.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 22; Nays 22

AYES

Allen                     Campbell                  Cleary
Coleman                   Hutto                     Jackson
Johnson                   Leatherman                Lourie
Malloy                    Matthews                  McElveen
Nicholson                 O'Dell                    Pinckney
Rankin                    Reese                     Sabb
Scott                     Setzler                   Sheheen
Williams

Total--22

NAYS

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Martin, Larry             Martin, Shane
Massey                    Peeler                    Shealy

Thurmond   Turner   Verdin
Young

Total--22

The PRESIDENT voted "No."

Having failed to receive the necessary vote, the Senate refused to carry over the motion to reconsider.

The question then was the motion to reconsider the vote whereby Amendment No. 22 was laid on the table.

Senator MASSEY moved to table the motion to reconsider.

The motion to reconsider was laid on the table.

  Amendment No. 48

Senators SHEHEEN, COURSON, JACKSON, SHEALY, O'DELL, ALLEN, LOURIE, NICHOLSON, JOHNSON, MALLOY, PINCKNEY, GREGORY, SETZLER, CROMER, ALEXANDER, WILLIAMS and SCOTT proposed the following amendment (DG 900ABONUS):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 608, proviso 118.14, after line 23,   by adding an appropriately numbered item to read:

/   ( )   D50-Department of Administration

Employee Pay Bonus             $25,500,000

( .1)   Effective on the first pay date that occurs on or after the date the funds become available, the Department of Administration shall allocate to state agencies $25,500,000 to provide for a one-time lump sum bonus. Each state employee, in a full-time equivalent position, who has been in continuous state service since June 2, 2015, is eligible to receive a $900 one-time lump sum payment. This payment is not a part of the state employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. The earnings limit in Proviso 117.55 does not apply to this bonus. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

Objection

Senator SHEHEEN asked unanimous consent to perfect Amendment No. 48.

Senator CORBIN objected.

Senator SHEHEEN resumed speaking on the amendment.

Point of Order

Senator MASSEY raised a Point of Order under Rule 24A that Proviso 118.12 of Part 1B was out of order inasmuch as it was not germane to the Bill.

118.12.   (SR: Tobacco Settlement) (A) To the extent funds are available from payments received on behalf of the State by the Tobacco Settlement Revenue Management Authority from the Tobacco Master Settlement Agreement ("MSA") during Fiscal Year 2014-15 2015-16, the State Treasurer is authorized and directed, after transferring funds sufficient to cover the operating expenses of the Authority, to transfer the remaining funds as follows:

(1)   $1,253,000 to the Attorney General's Office for Diligent Enforcement and Arbitration Litigation; $450,000 to the State Law Enforcement Division for Diligent Enforcement; and $325,000 to the Department of Revenue for Diligent Enforcement, all to enforce Chapter 47 of Title 11, the Tobacco Escrow Fund Act; and

(2)   $1,500,000 to the Department of Agriculture pursuant to Section 11-49-55 of the 1976 Code; and

(3 2)   The remaining balance shall be transferred to the Department of Health and Human Services for the Medicaid program.

(B)   The requirements of Section 11-11-170 of the 1976 Code shall be suspended for Fiscal Year 2014-15 2015-16.

The PRESIDENT took the Point of Order under advisement.

Motion Adopted

Senator SHEHEEN asked unanimous consent to perfect Amendment No. 48.

There was no objection.

Amendment No. 48A

Senators SHEHEEN, COURSON, JACKSON, SHEALY, O'DELL, ALLEN, LOURIE, NICHOLSON, JOHNSON, MALLOY, PINCKNEY, GREGORY, SETZLER, CROMER, ALEXANDER, WILLIAMS and SCOTT proposed the following amendment (DG 900ABONUS):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 608, proviso 118.14, after line 23,   by adding an appropriately numbered item to read:

/   ( )   D50-Department of Administration

Employee Pay Bonus             $25,500,000

( .1)   Effective on the first pay date that occurs on or after the date the funds become available, the Department of Administration shall allocate to state agencies $25,500,000 to provide for a one-time lump sum bonus. Each state employee, in a full-time equivalent position, who has been in continuous state service since June 2, 2015, is eligible to receive a $900 one-time lump sum payment. This payment is not a part of the state employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. The earnings limit in Proviso 117.55 does not apply to this bonus.

If only a portion of the $25,500,000 becomes available, then the $900 one-time lump sum payment to each qualified employee must be reduced proportionately. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SHEHEEN explained the amendment.

Senator JACKSON spoke on the amendment.

Senator BRIGHT moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 15; Nays 30

AYES

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Davis
Fair                      Grooms                    Hembree
Martin, Shane             Peeler                    Thurmond
Turner                    Verdin                    Young

Total--15
NAYS

Alexander                 Allen                     Campbell
Cleary                    Coleman                   Courson
Cromer                    Gregory                   Hayes
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    Matthews
McElveen                  Nicholson                 O'Dell
Pinckney                  Rankin                    Reese
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Williams

Total--30

The Senate refused to table the amendment.

Senator BRIGHT spoke on the amendment.

Objection

Senator HAYES asked unanimous consent, with Senator BRIGHT retaining the floor, to proceed to the next amendment.

Senator SETZLER objected.

Senator BRIGHT resumed speaking on the amendment.

Objection

Senator HAYES asked unanimous consent, with Senator BRIGHT retaining the floor, to proceed to the next amendment.

Senator SHEHEEN objected.

Motion Adopted

Senator PEELER asked unanimous consent, with Senator BRIGHT retaining the floor, that the Senate stand adjourned.

There was no objection.

Debate was interrupted by adjournment.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, Chester County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Lenard Price, 1751 Columbia Road, Chester, SC 29706 VICE Diane Moore

Motion Adopted

On motion of Senator PEELER, the Senate agreed to stand adjourned.

ADJOURNMENT

At 5:30 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 2:00 P.M.

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This web page was last updated on Wednesday, December 2, 2015 at 11:23 A.M.