South Carolina General Assembly
122nd Session, 2017-2018
Journal of the Senate

Tuesday, October 2, 2018
(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:

Psalm 33:20-22

"Our soul waits for the Lord; he is our help and shield. Our heart is glad in him, because we trust in his holy name. Let your steadfast love, O Lord, be upon us; even as we hope in you."

Gracious God, we gather today in this Chamber with thankful hearts --thankful that our State was spared the full impact of Hurricane Florence, thankful that our Governor, our State and community leaders worked so efficiently and effectively to mitigate the impact of this storm and its torrential rains and thankful that we can now move forward helping those who were harmed as well as devoting energy to the matters of the Senate.

Loving God, we are especially thankful this day that by Your grace and by Your power, Senator Greg Hembree is alive and with us today. So many prayers were answered when there seemed to be very little chance for a recovery for this dear man. Our hearts are overflowing with gratitude for our friend, our colleague and Your faithful servant.

And now, O God, as this session begins, enable our Senators to be resolute in their faith, humble in manner, honorable in action and imbued with a clear sense of inspired purpose and time honored statesmanship. Through Your holy name we pray, Amen

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

Leave of Absence

On motion of Senator MARTIN, at 2:15 P.M., Senator CORBIN was granted a leave of absence for the balance of the week.

Leave of Absence

On motion of Senator M.B. MATTHEWS, at 2:41 P.M., Senator KIMPSON was granted a leave of absence for the balance of the day.

INTRODUCTION OF RESOLUTIONS

The following were introduced:

S. 1290 (Word version) -- Senator M. B. Matthews: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF REVEREND DR. EVELYN GELZER STEVENS AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
l:\s-res\mbm\026evel.kmm.mbm.docx

The Senate Resolution was adopted.

S. 1291 (Word version) -- Senator Martin: A SENATE RESOLUTION TO CONGRATULATE FRANK PRESTON HAYES ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
l:\s-res\srm\011fran.kmm.srm.docx

The Senate Resolution was adopted.

S. 1292 (Word version) -- Senator Scott: A SENATE RESOLUTION TO CELEBRATE THE TENTH ANNUAL SHOUTFEST, TO BE HELD SATURDAY, SEPTEMBER 15, 2018, TO ENCOURAGE ALL SOUTH CAROLINIANS TO ATTEND AND ENJOY THIS FAMILY-FRIENDLY EVENT, AND TO WISH ITS ORGANIZERS EVERY SUCCESS.
l:\council\bills\rm\1483sa18.docx

The Senate Resolution was adopted.

S. 1293 (Word version) -- Senator J. Matthews: A SENATE RESOLUTION TO HONOR CALVIN WRIGHT, EXECUTIVE DIRECTOR OF THE ORANGEBURG-CALHOUN-ALLENDALE-BAMBERG COMMUNITY ACTION AGENCY, INC., FOR HIS MANY YEARS OF DEDICATED SERVICE AND TO COMMEND HIM FOR HIS COMMITMENT TO ORANGEBURG, CALHOUN, ALLENDALE, AND BAMBERG COUNTIES.
l:\council\bills\rm\1487sd18.docx

The Senate Resolution was adopted.

S. 1294 (Word version) -- Senator J. Matthews: A SENATE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF THE HONORABLE WILLIE RICHARD DAVIS OF ST. GEORGE AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\cc\15243vr18.docx

The Senate Resolution was adopted.

S. 1295 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE JAMES W. MADISON OF GREENVILLE COUNTY ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY ON OCTOBER 28, 2018, AND TO WISH HIM A JOYOUS CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
l:\council\bills\rt\17460cz18.docx

The Senate Resolution was adopted.

REPORT OF STANDING COMMITTEE

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 5341 (Word version) -- Reps. Lucas, White, Simrill, Rutherford, Murphy, S. Rivers and Davis: A BILL TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE, TO PROVIDE AN EXCEPTION FOR PERSONAL AND DEPENDENT EXEMPTION AMOUNTS, AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX; AND TO AMEND SECTION 12-6-50, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THIS STATE, SO AS TO NOT ADOPT CERTAIN PROVISIONS.

Ordered for consideration tomorrow.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate proceeded to a consideration of the Bill.

H. 5341 (Word version) -- Reps. Lucas, White, Simrill, Rutherford, Murphy, S. Rivers and Davis: A BILL TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE, TO PROVIDE AN EXCEPTION FOR PERSONAL AND DEPENDENT EXEMPTION AMOUNTS, AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX; AND TO AMEND SECTION 12-6-50, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THIS STATE, SO AS TO NOT ADOPT CERTAIN PROVISIONS.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (DG\5341C005.BBM.DG18), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   This act may be referred to as the "South Carolina Taxpayer Protection and Relief Act".

SECTION   2.   Section 12-6-40(A)(1)(a) and (c) of the 1976 Code is amended to read:

"(a)   Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2016 February 9, 2018, and includes the effective date provisions contained in it.

(c)   If Internal Revenue Code sections adopted by this State which expired or portions thereof expired on December 31, 2016 2017, are extended, but otherwise not amended, by congressional enactment during 2017 2018, these sections or portions thereof also are extended for South Carolina income tax purposes in the same manner that they are extended for federal income tax purposes."

SECTION   3.   A.   Section 12-6-50 of the 1976 Code is amended to read:

"Section 12-6-50.   For purposes of this title and all other titles that provide for taxes administered by the department, except as otherwise specifically provided, the following Internal Revenue Code Sections are specifically not adopted by this State:

(1)   Sections 1(a) through 1(e), 3, 11, and 1201 relating to federal tax rates;

(2)   Sections 22 through 54, 515, 853, 901 through 908, and 960 relating to tax credits;

(3)   Sections 55 through 59A relating to minimum taxes;

(4)   Sections 78, 85(c), 86, 87, 168(k), 168(l), 168(m), 168(n), 196, and 280C relating to dividends received from certain foreign corporations by domestic corporations, unemployment compensation, taxation of social security and certain railroad retirement benefits, the alcohol fuel credit, bonus depreciation, deductions for certain unused business credits, and certain expenses for which credits are allowable;

(5)   Sections 72(m)(5)(B), 72(f), 72(o), 72(q), and 72(t), relating to penalty taxes on certain retirement plan distributions;

(5A)   Section 108(i) relating to the deferral and ratable inclusion of income arising from business indebtedness discharged by the reacquisition of a debt instrument;

(5B)   Section 163(e)(5)(F) relating to original issue discount on certain high yield obligations, Section 163(j) relating to limitation on business interest expense, and Section 381(c)(20) and 382(d)(3) relating to carryover of limited business interest;

(6)   Section 172(b)(1) relating to net operating loss carrybacks;

(7)   Section 199 relating to the deduction attributable to domestic production activities Reserved;

(8)   Sections 531 through 564 relating to certain special taxes on corporations;

(9)   Sections 581, 582, and 585 through 596 relating to the taxation of banking institutions;

(10)   Sections 665 through 668 relating to taxation of certain accumulation distributions from trusts;

(11)   Sections 801 through 848 relating to taxation of insurance companies;

(12)   Sections 250, 267A, and 861 through 909, 912, 931 through 940, and 944 through 989 relating to the taxation of foreign income;

(13)   Sections 1352 through 1359 relating to an alternative tax on qualifying shipping activities;

(14)   Sections 1400 through 1494, except 1400Z;

(15)   Sections 1501 through 1505 relating to consolidated tax returns; and

(16)   Sections 2001 through 7655, 7801 through 7871, and 8001 through 9602, except for Sections 6015 and 6701, and except for Sections 6654 and 6655 which are adopted as provided in Section 12-6-3910 and Section 12-54-55. However, Section 6654(d)(1)(D) relating to estimated tax payments for qualified individuals as defined in that item is not adopted;

(17)   Section 68 relating to the reduction on itemized deductions and Section 151(d)(3) relating to the reduction on the personal exemption for:

(a)   a joint return or surviving spouse with an adjusted gross income exceeding three hundred thousand dollars or the same adjusted gross income adjusted for inflation pursuant to Section 68, whichever is higher;

(b)   a head of household with an adjusted gross income exceeding two hundred seventy-five thousand dollars or the same adjusted gross income adjusted for inflation pursuant to Section 68, whichever is higher; and

(c)   an individual who is not married and who is not a surviving spouse or head of household with an adjusted gross income exceeding two hundred fifty thousand dollars or the same adjusted gross income adjusted for inflation pursuant to Section 68, whichever is higher.;

(18)   Section 118(b)(2) relating to any contribution by any governmental entity or civic group, other than a contribution made by a shareholder as such;

(19)   Section 199A relating to qualified business income;

(20)   Section 162(r) relating to FDIC premiums."

B.   The Department of Revenue shall make and publish rules and promulgate regulations to effectively administer the provisions of this SECTION.

SECTION   4.   A.   Section 12-6-520 of the 1976 Code is amended to read:

"Section 12-6-520.   Beginning on December 15, 2018, and each December 15 fifteenth thereafter, the department shall cumulatively adjust the brackets in Section 12-6-510 in the same manner that brackets are adjusted in using the Chained Consumer Price Index for All Consumers, as published by the Bureau of Labor and Statistics of the Department of Labor, pursuant to Internal Revenue Code Section (1)(f). However, the adjustment is limited to one-half of the adjustment determined by Internal Revenue Code Section (1)(f), may not exceed four percent a year, and notwithstanding the rounding amount provided in (1)(f)(6) (1)(f)(7), the rounding amount is ten dollars. The brackets, as adjusted, apply in lieu instead of those provided in Section 12-6-510 for taxable years beginning in the succeeding calendar year. Inflation adjustments must be made cumulatively to the income tax brackets."

B.   This SECTION takes effect upon approval by the Governor and first applies to the adjustment made for tax year 2019, with the 2018 income tax brackets being used first as the base year upon which adjustments made pursuant to Section 12-6-520, as amended by this act, are made.

SECTION   5.   A.   Section 12-6-1140 of the 1976 Code is amended by adding an item at the end to read:

"(13)   a South Carolina dependent exemption equal to four thousand one hundred ten dollars for each eligible dependent of the taxpayer, including both qualifying children and qualifying relatives. To qualify for the deduction allowed by this item, each dependent must meet the eligibility requirements of Section 151 and 152, as applicable, mutatis mutandis, as those sections applied on January 1, 2017. Notwithstanding the deduction amount set forth in this item, each December fifteenth, the department shall cumulatively adjust the deduction amount using the Chained Consumer Price Index for All Consumers, as published by the Bureau of Labor and Statistics of the Department of Labor, pursuant to Internal Revenue Code Section (1)(f), except that the rounding amount is ten dollars."

B.   Notwithstanding Section 12-6-1140(13), as added by this SECTION, the Department of Revenue shall not adjust the deduction set forth in Section 12-6-1140(13) for tax year 2018.

SECTION   6.   Section 12-6-1160 of the 1976 Code is amended to read:

"Section 12-6-1160.   A resident individual taxpayer is allowed a an additional deduction for each dependent claimable on the taxpayer's federal income tax return eligible for the South Carolina dependent exemption pursuant to Section 12-6-1140 who has not yet attained the age of six years during the applicable tax year. This deduction is contingent upon the identification in the annual general appropriations act of revenues sufficient to offset the revenue loss caused by the exemption. The deduction allowed by this section is an amount equal to a percentage of the federal income tax personal exemption amount allowed for the applicable taxable year as follows:

Taxable year 1994                   twenty-five percent

Taxable year 1995                   fifty percent

Taxable year 1996                   seventy-five percent

Taxable years after 1996             one hundred percent

the South Carolina dependent exemption allowed pursuant to Section 12-6-1140."

SECTION   7.   The Department of Revenue shall take actions necessary to implement the provisions of this act and take the appropriate actions to educate taxpayers of the amendments contained within this act, especially those, if any, that impact filing requirements or determination of taxable income.

SECTION   8.   By January 15, 2025, the Department of Revenue, in coordination with the Revenue and Fiscal Affairs Office, shall deliver a report to the General Assembly that specifies the many provisions of the Tax Cuts and Jobs Act of 2017 that expire after tax year 2025.

SECTION   9.   Except where specified otherwise, this act takes effect upon approval by the Governor and first applies to tax years beginning after 2017.     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

Senator BENNETT explained the committee amendment.

The amendment was adopted.

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

Ayes 37; Nays 4

AYES

Alexander                 Allen                     Bennett
Campbell                  Cash                      Climer
Cromer                    Fanning                   Gambrell
Goldfinch                 Gregory                   Hembree
Jackson                   Johnson                   Leatherman
Malloy                    Martin                    Matthews, Margie
McElveen                  McLeod                    Nicholson
Peeler                    Rankin                    Reese
Rice                      Sabb                      Scott
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Timmons
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Campsen                   Davis                     Grooms
Massey

Total--4

There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.

Statement by Senators CAMPSEN, DAVIS,
MASSEY and GROOMS

We support conforming our state tax code with the federal code; such is regularly done by the General Assembly as a matter of course whenever changes are made to the federal tax code. Without such conformity the process of filing federal and state income tax returns becomes an accounting nightmare. And H. 5341 does in fact sync up our state's tax code with the federal tax law, and if that was the only objective, as it is in most years, we would have voted for the bill.

This year, however, the normally straightforward process of tax code conformity is more complicated given the sweeping nature of the 2017 federal tax act passed by Congress. If the General Assembly simply conformed as it usually does, then an additional \$235 million in taxes would be paid by South Carolina taxpayers to the state treasury. For that reason, it is critical that this year's tax conformity legislation contain provisions that negate the payment of these additional state taxes.

And to its credit, the Senate Finance Committee considered such offsetting provisions in the amended version of H. 5341 that it passed and that was considered by the Senate today. Some of those provisions we support; for example, the amendment incorporates Senator CAMPSEN'S Taxpayer Inflation Protection Act, which fully indexes South Carolina's income tax brackets to inflation.

However, taken as a whole, we believe the version of H. 5341 approved by the Senate today remains deficient in that it does not offset tax increases for all the taxpayers that will experience a tax increase due to conformity with the federal tax act. It is not enough for conformity legislation to be "revenue neutral"; it must also provide the tax relief to those whose taxes will actually increase, and in the amount of that increase.

H. 5341 (Word version) does not do this, and that is why we voted against it. While its total tax relief roughly equals the total tax increase caused by the federal tax act on a statewide basis, the relief is not properly apportioned to the individual taxpayers actually bearing the increased tax burden. It would be better, we believe, for the Senate Finance Committee to continue its work on the bill with the goal of providing tax relief for the individual taxpayers actually paying increased taxes.

Senator CROMER asked unanimous consent that the veto of the Governor regarding S. 1043 be taken up for consideration.

THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
July 3, 2018

The Honorable Kevin L. Bryant
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval R 291, S. 1043 (Word version), known as the South Carolina Abandoned Buildings and Revitalization Act. Contrary to the Act's title, it addresses a plethora of subjects, including modifications to tax credits, tax refunds, revenue definitions, and the proper classification of satellite service receipts.

Article III, Section 17 of the South Carolina Constitution provides that "Every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title." S.C. Const. Article III, Sec 17, The "one subject rule," as this constitutional provision is known, exists to ensure that members of the public and the General Assembly are informed of the contents of an act upon reading the title, See S.C. Public Service Authority v Citizens and South National Bank of S.C., 300 S.C. 142, 162, 386 S.E.2d 775, 786-87 (1989). The myriad of provisions housed in this Act do not meet the one subject rule, and thus the Act is unconstitutional. See e.g., Sloan v. Wilkins, 362 S.C. 430, 608 S.E.2d 579 (2005), abrogated on other grounds, American Petroleum Institute v. S.C. Department of Revenue, 382 S.C. 572, 677 S.E.2d 16 (2009) (holding unconstitutional an act "teeming with subjects, from life sciences provisions to the establishment of a culinary arts institute.")

For the foregoing reasons, I am respectfully vetoing R-291, S. 1043 and returning the same without my signature.
Yours very truly,
Henry McMaster

VETO OVERRIDDEN

(R291, S1043 (Word version)) -- Senators Turner and Talley: AN ACT TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT AS CONTAINED IN CHAPTER 67, TITLE 12 OF THE 1976 CODE UNTIL DECEMBER 31, 2025; TO AMEND SECTION 12-67-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR REVITALIZING AN ABANDONED BUILDING, SO AS TO SPECIFY THE MANNER IN WHICH CERTAIN BUILDINGS MAY BE SUBDIVIDED; TO AMEND SECTION 12-65-20, RELATING TO THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO MODIFY CERTAIN DEFINITIONS; TO AMEND SECTION 12-6-50, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE SPECIFICALLY NOT ADOPTED BY THIS STATE, SO AS TO REMOVE THE ALTERNATIVE TAX ON QUALIFYING SHIPPING ACTIVITIES; TO AMEND SECTION 12-6-1110, RELATING TO MODIFICATIONS OF INCOME, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTIONS 12-67-140 AND 12-6-3535, RELATING TO THE TAX CREDIT FOR REHABILITATING AN ABANDONED BUILDING OR A CERTIFIED HISTORIC STRUCTURE, RESPECTIVELY, SO AS TO SPECIFY THE MANNER IN WHICH UNUSED CREDIT MAY BE CARRIED FORWARD AND ALLOCATED; BY ADDING SECTION 12-6-3378 SO AS TO ALLOW A TAX CREDIT TO AN AGRIBUSINESS OPERATION OR AN AGRICULTURAL PACKAGING OPERATION THAT INCREASES ITS PURCHASES OF AGRICULTURAL PRODUCTS WHICH HAVE BEEN CERTIFIED AS SOUTH CAROLINA GROWN, AND TO SPECIFY THE MANNER IN WHICH THE CREDIT IS ADMINISTERED; TO AMEND SECTION 12-10-80, RELATING TO THE JOBS DEVELOPMENT CREDIT, SO AS TO MAKE CERTAIN QUALIFYING SERVICE-RELATED FACILITIES ELIGIBLE FOR THE CREDIT; TO AMEND SECTION 12-6-2295, RELATING TO ITEMS INCLUDED AND EXCLUDED FROM THE TERMS "SALES" AND "GROSS RECEIPTS", SO AS TO PROVIDE THAT RECEIPTS FROM THE PROVISION OF DIRECT BROADCAST SATELLITE SERVICE ARE ATTRIBUTABLE TO THIS STATE IN PRO RATA PROPORTION OF THE COSTS OF PERFORMING THE SERVICE; TO AMEND SECTION 12-60-30, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES DEFINITIONS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 12-60-450, RELATING TO APPEALS OF PROPOSED ASSESSMENTS, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY AFFECTED COUNTIES IN CERTAIN INSTANCES; TO AMEND SECTION 12-60-2120, RELATING TO PROPERTY TAX APPEALS BY WRITTEN PROTEST, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOTIFY ANY AFFECTED COUNTIES OF A WRITTEN PROTEST; TO AMEND SECTION 12-60-2140, RELATING TO CERTAIN PAYMENTS AND REFUNDS, SO AS TO PROVIDE THAT NO REFUND IS DUE FOR ANY TAX YEAR BEFORE THE THREE TAX YEARS IMMEDIATELY PRECEDING THE FINAL DETERMINATION; AND TO AMEND SECTION 12-60-2150, RELATING TO FILING A CLAIM FOR A REFUND, SO AS TO PROVIDE FOR CERTAIN NOTIFICATIONS AND TO PROVIDE THAT A FAILURE TO TIMELY ISSUE A WRITTEN NOTICE IS CONSIDERED A DENIAL.

The veto of the Governor was taken up for immediate consideration.

Senator CROMER spoke on the veto.

Senator CROMER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 31; Nays 8

AYES

Alexander                 Allen                     Bennett
Campbell                  Cash                      Cromer
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Jackson                   Johnson                   Leatherman
Malloy                    McElveen                  McLeod
Nicholson                 Rankin                    Reese
Sabb                      Scott                     Senn
Shealy                    Sheheen                   Talley
Timmons                   Turner                    Williams
Young

Total--31

NAYS

Campsen                   Climer                    Davis
Martin                    Massey                    Peeler
Rice                      Verdin

Total--8

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Expression of Personal Interest

Senator BENNETT rose for an Expression of Personal Interest.

On motion of Senator LEATHERMAN, the Senate agreed that if and when the Senate adjourns today, it stand adjourned to meet tomorrow at 1:00 P.M.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator HEMBREE rose for an Expression of Personal Interest.

Remarks by Senator HEMBREE

Thank you, Mr. PRESIDENT. My fellow Senators, I am really, really, really glad to be here. I never knew how much I would appreciate standing in the well of the South Carolina Senate until this moment right here. And I really debated whether I was going to say anything today. I was not really sure, even to the point of coming up here, what I might say. Just a few minutes ago, my dear friend Senator BENNETT asked me, "How long are you going to milk this thing?" I said, "How long have I got?" It's going to be five more minutes and then I will conclude. Y'all know about my recent unpleasantness. You are aware of that. Just a couple of thoughts, most of these things will be self-evident and obvious to you, but I feel compelled to say them and I appreciate your attention while I do that.

First and foremost, the most important thing I can say to you today is thank you. It is a heartfelt, deep and profound thank you on behalf of my wife, on behalf of my family and friends locally, and on behalf of myself. I received so many notes, cards, e-mails, phone calls, messages, and prayers. And I will tell you, if you ever doubt the power of prayer, you need to talk to my doctor or read my medical file. And you will have your answer about the true power of prayer.

The second thing I want to direct more to the male members of the body as opposed to the female, and I know I'm in dangerous water already, but I say that because women tend to be a little wiser about their health care and a little more in tune about what is going on with them. And us fellas are taught when we are little that if you get hurt, rub some dirt on it and you will be okay. Quit complaining and get back in the game and that's what we do. And I'm the absolute worst about feeling bad and not telling my wife and not going to the doctor. I will tell you that you think it cannot happen to you, but it can.

On Tuesday night, I was in St. Louis at the annual banquet of the Southern Legislative Conference. And for whatever reason, I decided that night, I was going to be the life of the party. Senator VERDIN was there. I danced with just about every woman in the building, and his wife was the only one that wisely and prudently refused my request for a dance. We had a wonderful time and a lot of fun. I danced mostly with my wife, but with a lot of other women too, with her permission.

We came home on a plane Wednesday night, and Thursday morning I was on my way out the door. I turned off lights to go to work, and it felt like someone hit me in the head with a baseball bat. So for whatever reason instead of waiting, instead of rubbing some dirt on it, instead of wondering if it was going to get better, and because it was getting worse as seconds passed, I dialed 911. With aneurysms, my doctor told me, 40% of people don't make it to the hospital, and they die from that condition. So for whatever reason, I wisely called 911 within a couple of minutes of that thing starting. I say this to you, 911 is a public asset that the tax payers have paid for. If you need it, use it. Do not put it off because it will save your life. So that is my preaching on that subject.

Finally, I just want to share this thought. It will be obvious, but do not ever take for granted the blessing that you have of being part of the Senate family. It is a special place, filled with special people. And I extend that family not just to the forty-six of us in this room, but to those outside of this room, to the staff, and to the folks that work in the Gressette building. One of the kindest things that happened while I was in the hospital is that the staff in the Gressette building was really concerned. They kept going by my secretary's office and asking about me and they were concerned about me. They put together this great big card and put gift cards in it -- to Starbucks, restaurants, Food Lion and stuff like that. The staff was sending me gift cards, and they do not make a lot of money but they are willing to do that for one of us. So don't take it for granted. It's a really special place and it's a blessing. You're blessed and I'm blessed to be here. So thank you again and thank you Mr. PRESIDENT.

On motion of Senator SHEHEEN, with unanimous consent, the remarks of Senator HEMBREE, were ordered printed in the Journal.

Expression of Personal Interest

Senator McLEOD rose for an Expression of Personal Interest.

Remarks by Senator McLEOD

Thank you, Mr. PRESIDENT. I'm walking a little faster these days. I stand before you today, a walking miracle, just like my colleague, Senator HEMBREE. Some of you may not realize this but right after session ended, I had my knee scoped because I had loose cartilage due to a torn meniscus; and ended with a blood clot in my leg that separated and traveled to my lungs. I was in ICU for a few days and then in the hospital for a couple of weeks. I am grateful to be here. A lot of people don't live through what I've endured. So for those who knew and prayed for me, I want to say thank you for the cards, the flowers, the prayers and all the love.

We are indeed a family going through these challenging times. A health issue really helps to put things into perspective. We do a lot here. In some instances, we don't do what we can do, but I know we can do better on all fronts. So I realize now, more than ever, that I'm here to do His work and He has given me yet another opportunity to do that. I'm grateful and I'm blessed to have each of you in my life. Thank you from the bottom of my heart -- I pray for all of us to continue His work together. Thank you, Mr. PRESIDENT.

On motion of Senator SETZLER, with unanimous consent, the remarks of Senator McLEOD, were ordered printed in the Journal.