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


Printed Page 623 . . . . . Tuesday, February 2, 2016

Tuesday, February 2, 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:

The Apostle Paul addressed the Colossians, writing:

"Therefore, as God's chosen people, holy and dearly loved, clothe yourselves with compassion, kindness, humility, meekness, and patience."   (Colossians 3:12)

Bow in prayer with me, if you will:

Holy, Merciful God, we ask today that You bestow a full measure of Your loving care upon each of these, Your servants. May every Senator and each staff member resolve to embrace those finer qualities which Paul lined out for his long-ago listeners. May the work of every person here in the Senate of South Carolina bring about not only good and meaningful results for all of our citizens, but also may their efforts bring glory to You, dear Lord. Continue to lead, guide, and bless this Body, as well as this State we love. In Your gracious name we pray, Lord. Amen.

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

Doctor of the Day

Senator LOURIE introduced Dr. Helmut Albrecht of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 1:01 P.M., Senator THURMOND requested a leave of absence for Senator BENNETT for the day.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:45 A.M. tomorrow for the purpose of attending the Joint Assembly.


Printed Page 624 . . . . . Tuesday, February 2, 2016

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 916 (Word version)     Sens. Fair and M.B. Matthews

RECOMMITTED

S. 989 (Word version) -- Senators Hayes, J. Matthews and Setzler: A JOINT RESOLUTION TO REVISE APPLICABILITY OF CERTAIN STUDENT ASSESSMENT STATUTES FOR THE 2015-2016 SCHOOL YEAR.

On motion of Senator HAYES, the Resolution was recommitted to the Committee on Education.

INVITATION ACCEPTED

On motion of Senator CLEARY, with unanimous consent, the following invitation was polled favorably from the Committee on Invitations and ordered placed on the Calendar:

Tuesday, February 9, 2016, 6:00-7:30 P.M.
Members of the Senate, Reception, 8301 Parklane Road, Columbia 29223, by the SC ARCHIVES & HISTORY FOUNDATION

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0

AYES

Cleary                    Alexander                 Reese
Verdin                    Campsen                   Cromer
Malloy                    Johnson                   Kimpson
McElveen                  Campbell

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:


Printed Page 625 . . . . . Tuesday, February 2, 2016

S. 1047 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR SOPAKCO FOR FIFTY YEARS OF DEDICATED SERVICE TO THE COMMUNITY OF MULLINS, SOUTH CAROLINA.
l:\s-res\kmw\006sopa.kmm.kmw.docx

The Senate Resolution was adopted.

S. 1048 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO CONGRATULATE THE PIEDMONT AMERICAN INDIAN ASSOCIATION/LOWER EASTERN CHEROKEE NATION OF SOUTH CAROLINA ON THE OUTSTANDING HONOR OF BEING RECOGNIZED AS A TRIBE BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
l:\council\bills\gm\24551zw16.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1049 (Word version) -- Senator Massey: A BILL TO AMEND ARTICLE 13, CHAPTER 47, TITLE 33 OF THE 1976 CODE, RELATING TO MARKETING COOPERATIVE ASSOCIATIONS, BY ADDING SECTION 33-47-1160 TO ALLOW ASSOCIATIONS WITHIN TWO YEARS OF EXPIRATION TO SEEK REINSTATEMENT FROM THE SECRETARY OF STATE.
l:\s-res\asm\027rest.eb.asm.docx

Read the first time and referred to the Committee on Judiciary.

S. 1050 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA ABLE SAVINGS PROGRAM", TO ALLOW INDIVIDUALS WITH A DISABILITY AND THEIR FAMILIES TO SAVE PRIVATE FUNDS TO SUPPORT THE INDIVIDUAL WITH A DISABILITY, TO PROVIDE GUIDELINES TO THE STATE TREASURER FOR THE MAINTENANCE OF THESE ACCOUNTS, AND TO ESTABLISH THE SAVINGS PROGRAM TRUST FUND AND SAVINGS EXPENSE TRUST FUND; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FOR INDIVIDUAL TAXABLE INCOME, SO AS TO ADD CONTRIBUTIONS MADE TO AN ABLE SAVINGS ACCOUNT; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 5, TITLE 11 AS ARTICLE 1 AND ENTITLE THEM "GENERAL PROVISIONS".


Printed Page 626 . . . . . Tuesday, February 2, 2016

l:\council\bills\dka\3164sa16.docx

Read the first time and referred to the Committee on Finance.

S. 1051 (Word version) -- Senators Campsen, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, M. B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO CONGRATULATE SOUTH CAROLINA STATE FORESTER GENE KODAMA FOR WINNING THE SOCIETY OF AMERICAN FORESTERS' GIFFORD PINCHOT MEDAL AND TO RECOGNIZE HIM FOR HIS WORK AS STATE FORESTER.
l:\s-res\gec\052gene.kmm.gec.docx

The Senate Resolution was adopted.

S. 1052 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-180 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS AUTHORIZED TO SUBMIT FINGERPRINTS COLLECTED BY CERTAIN AGENCIES TO THE FEDERAL BUREAU OF INVESTIGATION'S NEXT GENERATION IDENTIFICATION PROGRAM UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR THEIR RETENTION AND USE.
l:\council\bills\gt\5049cm16.docx

Read the first time and referred to the Committee on Judiciary.

S. 1053 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO DECLARE FEBRUARY 2016 AS TEEN DATING VIOLENCE AWARENESS MONTH THROUGHOUT SOUTH CAROLINA AND TO URGE THE GENERAL PUBLIC TO WORK TOWARD ENDING TEEN DATING VIOLENCE BY EMPOWERING YOUNG PEOPLE TO DEVELOP HEALTHIER RELATIONSHIPS, ASSISTING VICTIMS IN ACCESSING THE INFORMATION AND SUPPORTIVE SERVICES THEY NEED, CREATING BETTER AND MORE RESOURCES FOR YOUNG PEOPLE IN NEED, INSTITUTING EFFECTIVE INTERVENTION AND PREVENTION POLICIES IN SCHOOLS, AND ENGAGING IN DISCUSSIONS WITH FAMILY MEMBERS AND PEERS TO PROMOTE


Printed Page 627 . . . . . Tuesday, February 2, 2016

AWARENESS AND PREVENTION OF THE QUIET EPIDEMIC OF TEEN DATING VIOLENCE.
l:\s-res\tca\052teen.kmm.tca.docx

The Senate Resolution was introduced and referred to the Committee on Judiciary.

Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Judiciary.

The Senate Resolution was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

S. 1054 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA'S CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES AND TO DECLARE WEDNESDAY, FEBRUARY 3, 2016, AS "CITIES MEAN BUSINESS DAY."
l:\council\bills\rm\1461cz16.docx

The Senate Resolution was adopted.

S. 1055 (Word version) -- Senators Hembree and Rankin: A SENATE RESOLUTION TO COMMEND MAYOR DAVID EDWARD STOUDENMIRE, JR., OF LORIS FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE, TO CONGRATULATE HIM UPON HIS RETIREMENT AS MAYOR OF LORIS, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
l:\s-res\gh\014mayo.kmm.gh.docx

The Senate Resolution was adopted.

H. 4772 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE COSTA PLEICONES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 17, 2016.

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


Printed Page 628 . . . . . Tuesday, February 2, 2016

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

HOUSE BILL RETURNED

The following Bill was read the third time and ordered returned to the House with amendments:

H. 3874 (Word version) -- Reps. Mitchell, Cobb-Hunter, Merrill, Loftis, Dillard and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3770 SO AS TO PROVIDE FOR AN INCOME TAX CREDIT TO AN INDIVIDUAL OR BUSINESS THAT CONSTRUCTS, PURCHASES, OR LEASES RENEWABLE ENERGY PROPERTY AND PLACES IT IN SERVICE IN THIS STATE, AND TO PROVIDE A DEFINITION OF "RENEWABLE ENERGY PROPERTY".

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 589 (Word version) -- Senators Lourie and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "MUSIC THERAPY PRACTICE ACT"; TO REGULATE THE PRACTICE OF MUSIC THERAPY; TO PROVIDE CERTAIN DEFINITIONS; TO CREATE THE SOUTH CAROLINA MUSIC THERAPY ADVISORY GROUP TO ASSIST THE DIRECTOR OF THE DEPARTMENT IN REGULATION OF THE PROFESSION OF MUSIC THERAPY; TO PROHIBIT THE PRACTICE OF MUSIC THERAPY WITHOUT A LICENSE; TO PROVIDE CRITERIA FOR LICENSURE; AND TO PROVIDE FOR THE USE OF A PROFESSIONAL DESIGNATION, AMONG OTHER THINGS.

The Senate proceeded to the consideration of the Bill.

The Committee on Labor, Commerce and Industry proposed the following amendment (589R001.KM.TCA), which was adopted:

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

/   SECTION   1.   Title 40 of the 1976 Code is amended by adding:

  "CHAPTER 85

Music Therapists

Section 40-85-110.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 of this title applies to music therapists; however, if


Printed Page 629 . . . . . Tuesday, February 2, 2016

there is a conflict between this chapter and Article 1, Chapter 1 of this title, the provisions of this chapter control.

Section 40-85-120.   As used in this chapter, the term:

(1)   'Board' means the Music Therapy Board.

(2)   'Board-certified music therapist' means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists.

(3)   'Director' means the Director of the Department of Labor, Licensing and Regulation.

(4)   'Music therapist' means a person licensed to practice music therapy pursuant to this chapter.

(5)   'Music therapy' means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. This term may include:

(a)   accepting referrals for music therapy services from medical, developmental, mental health, or education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's physician, psychologist, or mental health professional to review the client's diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client, the licensee shall collaborate, as applicable, with the client's treatment team, the client's speech-language pathologist, occupational therapist, physical therapist, audiologist, or other medical or developmental professional to review the client's diagnosis, treatment needs, and treatment plan;

(b)   conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client;

(c)   developing an individualized music therapy treatment plan for the client;


Printed Page 630 . . . . . Tuesday, February 2, 2016

(d)   carrying out an individualized music therapy treatment plan that is consistent with another medical, developmental, mental health, or educational service being provided to the client;

(e)   evaluating the client's response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate;

(f)   developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, a physician, or other provider of health care or education of the client, an appropriate member of the family of the client, and any other appropriate person upon whom the client relies for support;

(g)   minimizing barriers so that the client may receive music therapy services in the least restrictive environment; and

(h)   collaborating with and educating the client and the family or caregiver of the client or another appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs.

Section 40-85-130.   (A)   There is created the South Carolina Music Therapy Board to be composed of five members appointed by the Governor, with the advice and consent of the Senate, including three practicing music therapists in this State, one licensed health care provider who is not a music therapist, and one consumer.

(B)   The board must consist of people familiar with the practice of music therapy to provide the director with the expertise and assistance in carrying out his duties pursuant to this chapter.

(C)   Members may receive for their services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.

(D)   Members may serve consecutive terms at the will of the governor. A vacancy must be filled in the manner of the original appointment for the unexpired term.

Section 40-85-140.   (A)   The board shall meet at least once each year and as otherwise called by the director.

(B)   The director shall consult with the board prior to setting or changing fees in this chapter.

(C)   The board may facilitate the development of materials that the director may use to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings.

(D)   The board may act as a facilitator of statewide dissemination of information between music therapists, the American Music Therapy


Printed Page 631 . . . . . Tuesday, February 2, 2016

Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the director.

(E)   The board shall provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once each year.

(F)   The director shall seek the advice of the board for issues related to music therapy.

Section 40-85-150.   Beginning one year after the effective date of this chapter, no person without a license as a music therapist may use the title 'music therapist' or similar title or practice music therapy. Nothing in this chapter may be construed to prohibit or restrict the practice, services, or activities of the following:

(1)   a person licensed, certified, or regulated under the laws of this State in another profession or occupation performing work, including the use of music, incidental to the practice of his licensed, certified, or regulated profession or occupation, if that person does not represent himself as a music therapist;

(2)   a person whose training and national certification attests to the individual's preparation and ability to practice his certified profession or occupation, if that person does not represent himself as a music therapist;

(3)   the practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent himself as a music therapist; or

(4)   a person who practices music therapy under the supervision of a licensed music therapist, if the person does not represent himself as a music therapist.

Section 40-85-160.   (A)   The director shall issue a license to an applicant for a music therapy license when the applicant has completed and submitted an application upon a form and in such manner as the director prescribes, accompanied by applicable fees, and evidence satisfactory to the director that the applicant:

(1)   is at least eighteen years of age;

(2)   holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or any successor organization from an accredited college or university;

(3)   successfully completes a minimum of twelve hundred hours of clinical training, with at least one hundred eighty hours in preinternship experiences and at least nine hundred hours in internship experiences, provided that the internship is approved by an academic institution, the American Music Therapy Association or a successor organization, or both;


Printed Page 632 . . . . . Tuesday, February 2, 2016

(4)   is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of alleged misconduct or neglect in the practice of music therapy on the part of the applicant; and

(5)   provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board-certified music therapist.

(B)   The board may issue a license to an applicant for music therapy when the applicant has completed and submitted an application upon a form and in such manner as the director prescribes, accompanied by applicable fees, or evidence satisfactory to the director that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this chapter at the date of application.

Section 40-85-170.   (A)   Every license issued pursuant to this chapter must be renewed biennially. A license must be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following also is required for license renewal:

(1)   proof of maintenance of the applicant's status as a board-certified music therapist; and

(2)   proof of completion of a minimum of forty hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the director.

(B)   A licensee shall notify the board in writing within fifteen business days of any change of address. A licensee is responsible for timely renewal of his license.

(C)   Failure to renew a license must result in forfeiture of the license. A license that has been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration must result in the automatic termination of the license, and the director may require the individual to reapply for licensure as a new applicant.

(D)   Upon written request of a licensee, the director may place an active license on an inactive status subject to an inactive status fee established by the director. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two years. An inactive license may be reactivated by making a written


Printed Page 633 . . . . . Tuesday, February 2, 2016

request to the director and by fulfilling requirements established by the director.

Section 40-85-180.   The director shall waive the examination requirement for an applicant for two years after the effective date of this chapter, who is:

(1)   a board-certified music therapist; or

(2)   designated as a registered music therapist, certified music therapist, or advanced-certified music therapist and in good standing with the National Music Therapy Registry.

Section 40-85-190.   (A)   The director may issue a sanction for any of the following acts:

(1)   ineligibility for licensure, including, but not limited to, falsification of information submitted for licensure or failure to maintain status as a board-certified music therapist;

(2)   failure to pay fees when due;

(3)   failure to provide requested information in a timely manner;

(4)   conviction of a felony;

(5)   conviction of a crime that reflects an inability to practice music therapy with due regard for the health and safety of clients and patients, or with due regard for the truth in filing claims with Medicare, Medicaid, or a third-party payer;

(6)   inability or failure to practice music therapy with reasonable skill and consistent with the welfare of clients and patients, including, but not limited to, negligence in the practice of music therapy; intoxication; incapacity; and abuse of or engaging in sexual contact with a client or patient; or

(7)   disciplinary action by another jurisdiction.

(B)   The director may conduct investigations into allegations of conduct described in subsection (A).

(C)   The director may impose one or more of the following sanctions for a violation of this chapter:

(1)   suspension;

(2)   revocation;

(3)   denial;

(4)   refusal to renew a license;

(5)   probation with conditions;

(6)   reprimand; or

(7)   a fine of not less than one hundred dollars, nor more than one thousand dollars for each violation.

Section 40-85-200.   Regulations necessary to implement the provisions of this chapter shall be promulgated by the director."


Printed Page 634 . . . . . Tuesday, February 2, 2016

SECTION 2.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator BRYANT explained the amendment.

The question then was the second reading of the Bill.

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

Ayes 35; Nays 7

AYES

Alexander                 Allen                     Campbell
Campsen                   Coleman                   Courson
Cromer                    Fair                      Gregory
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews, Margie          McElveen                  Nicholson
Rankin                    Reese                     Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Williams                  Young

Total--35

NAYS

Bright                    Bryant                    Corbin
Davis                     Grooms                    Peeler
Verdin

Total--7

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

READ THE SECOND TIME

S. 1042 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ALIGNMENT OF ASSESSMENT


Printed Page 635 . . . . . Tuesday, February 2, 2016

AND ACCOUNTABILITY ELEMENTS WITH THE NO CHILD LEFT BEHIND ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Resolution.

Senator HAYES explained the Resolution.

The question being the second reading of the Resolution.

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

Ayes 37; Nays 4

AYES

Alexander                 Allen                     Campbell
Campsen                   Coleman                   Corbin
Courson                   Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Malloy                    Martin, Larry
Matthews, Margie          McElveen                  Nicholson
Peeler                    Rankin                    Reese
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Bright                    Bryant                    Martin, Shane
Massey

Total--4

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


Printed Page 636 . . . . . Tuesday, February 2, 2016

READ THE SECOND TIME

S. 1044 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Resolution.

Senator HAYES explained the Resolution.

The question being the second reading of the Resolution.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bright
Bryant                    Campbell                  Campsen
Coleman                   Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Reese                     Sabb                      Scott
Setzler                   Shealy                    Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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


Printed Page 637 . . . . . Tuesday, February 2, 2016

READ THE SECOND TIME

H. 3881 (Word version) -- Reps. Toole, Erickson, Long, Bedingfield, Anderson, Forrester and Ryhal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-327 SO AS TO PROVIDE EACH LICENSED MANUFACTURING HOUSING RETAIL DEALER LOCATION MUST HAVE ONE AUTHORIZED OFFICIAL REPRESENTING THE DEALERSHIP, TO PROVIDE AN AUTHORIZED OFFICIAL WHO IS NOT THE DEALER MUST HOLD A MANUFACTURED HOME RETAIL SALESPERSON OR RETAIL DEALER LICENSE, AND TO PROVIDE THE MANUFACTURED HOUSING BOARD MUST BE NOTIFIED IN WRITING WITHIN TWENTY DAYS IF THE AUTHORIZED OFFICIAL CHANGES.

The Senate proceeded to a consideration of the Bill.

Senator BRYANT explained the Bill.

The question being the second reading of the Bill.

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

Ayes 32; Nays 9

AYES

Alexander                 Allen                     Campbell
Campsen                   Coleman                   Courson
Cromer                    Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews, Margie          McElveen
Nicholson                 Rankin                    Reese
Sabb                      Scott                     Setzler
Shealy                    Thurmond                  Turner
Williams                  Young

Total--32


Printed Page 638 . . . . . Tuesday, February 2, 2016

NAYS

Bright                    Bryant                    Corbin
Davis                     Fair                      Martin, Shane
Massey                    Peeler                    Verdin

Total--9

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

CARRIED OVER

H. 3145 (Word version) -- Reps. Sandifer, Lucas, Thayer, Yow, Long, G.R. Smith, Hixon, Henderson, G.M. Smith, Sottile, Forrester, Felder, Atwater, Toole, Huggins, Pope, Simrill, Bales, Anderson, Gilliard and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-700 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A PERSON IS IMMUNE FROM CIVIL LIABILITY FOR DAMAGE RESULTING FROM HIS FORCIBLE ENTRY INTO A MOTOR VEHICLE TO REMOVE A CHILD WHO HE REASONABLY BELIEVES IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT REMOVED, AMONG OTHER THINGS, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT AFFECT CERTAIN OTHER CIVIL LIABILITY.

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

S. 139 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 48-39-130 OF THE 1976 CODE, RELATING TO PERMITS REQUIRED FOR COASTAL ZONE CRITICAL AREAS, TO ALLOW FOR CERTAIN ADDITIONAL TECHNOLOGIES, METHODOLOGIES, OR STRUCTURES WITH REGARD TO PROTECTING BEACH AND DUNE CRITICAL AREAS WHEN AN EMERGENCY ORDER IS ISSUED BY APPOINTED OFFICIALS OF COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 48-39-280, TO PROHIBIT THE SEAWARD MOVEMENT OF THE BASELINE AFTER JULY 1, 2015, AND TO ELIMINATE THE RIGHT OF LOCAL GOVERNMENTS AND LANDOWNERS TO PETITION THE ADMINISTRATIVE LAW COURT TO MOVE THE BASELINE SEAWARD UPON COMPLETION OF A BEACH RENOURISHMENT PROJECT; TO AMEND SECTION 48-39-290, TO NARROW THE EXCEPTION OF GOLF COURSES FROM A PERMIT REQUIREMENT TO REPAIR AND MAINTENANCE OF


Printed Page 639 . . . . . Tuesday, February 2, 2016

EXISTING GOLF COURSES, TO PROVIDE FOR AN EXEMPTION FOR SANDFENCING, REVEGITATION OF DUNES, MINOR BEACH RENOURISHMENT, AND DUNE CONSTRUCTION; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE REPAIRS TO CERTAIN EROSION CONTROL DEVICES WHICH WOULD OTHERWISE BE PROHIBITED, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH REPAIRS MAY BE MADE; TO AMEND SECTION 48-39-320 BY ADDING A SUBSECTION TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY APPROVE EROSION CONTROL DEVICES NOT PROVIDED FOR IN THIS CHAPTER IF THE BOARD DETERMINES THAT A DEVICE WILL BE SUCCESSFUL WITH REGARD TO EROSION CONTROL; AND TO REPEAL SECTION 48-39-290(D)(2).

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

S. 315 (Word version) -- Senators Grooms and Campsen: A JOINT RESOLUTION TO REPEAL SECTION 6 OF ACT 114, RELATED TO THE TERMINATION OF THE GOVERNOR'S AUTHORITY TO APPOINT THE SECRETARY OF TRANSPORTATION; AND TO EXTEND THE GOVERNOR'S AUTHORITY UNTIL FURTHER ACTION BY THE GENERAL ASSEMBLY TO THE CONTRARY.

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

S. 267 (Word version) -- Senators Young, Campsen, Hembree, Bennett, Turner, Thurmond, Davis, Bright, Bryant, L. Martin, S. Martin and Hayes: A BILL TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE FIRST THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIRST, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

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


Printed Page 640 . . . . . Tuesday, February 2, 2016

S. 849 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE PROCEDURES GOVERNING THE MAXIMUM ALLOWABLE COST REIMBURSEMENTS FOR GENERIC PRESCRIPTION DRUGS BY PHARMACY BENEFIT MANAGERS, TO PROVIDE NECESSARY DEFINITIONS, TO EXEMPT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE PERFORMANCE OF ITS DUTIES IN ADMINISTERING MEDICAID UNDER TITLES XIX AND XXI OF THE SOCIAL SECURITY ACT, TO PROVIDE REQUIREMENTS FOR PLACING DRUGS ON MAXIMUM ALLOWABLE COST LISTS BY PHARMACY BENEFIT MANAGERS, AND TO PROVIDE VARIOUS REQUIREMENTS OF PHARMACY BENEFIT MANAGERS; TO PROVIDE CONTRACTS BETWEEN PHARMACIES AND PHARMACY BENEFIT MANAGERS THAT ARE ENTERED INTO, RENEWED, OR EXTENDED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE JANUARY 1, 2016.

Senator CROMER explained the Bill.

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

S. 850 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARD VALUATION, SO AS TO DEFINE NECESSARY TERMS, TO PRESCRIBE NEW REQUIREMENTS FOR THE DIRECTOR OR HIS DESIGNEE CONCERNING VALUING RESERVE LIABILITIES FOR OUTSTANDING INSURANCE POLICIES BASED UPON THE EFFECTIVE DATE OF THE POLICY OR CONTRACT, TO ALTER THE ACTUARIAL OPINION REQUIREMENTS FOR ALL LIFE INSURANCE POLICIES, TO UPDATE REFERENCES TO REQUIRE THAT THE COMMISSIONER'S RESERVE VALUATION METHOD BE USED FOR POLICIES ISSUED AFTER MARCH 23, 1960, AND POLICIES ISSUED AFTER THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE A NEW FORMULA TO COMPUTE THE CALENDAR YEAR STATUTORY INTEREST RATE, TO UPDATE REFERENCES TO REFLECT THE COMMISSIONER'S RESERVE VALUATION METHODS, TO PROVIDE THE MINIMUM RESERVE REQUIRED IF THE PREMIUM CHARGED BY A


Printed Page 641 . . . . . Tuesday, February 2, 2016

COMPANY IS LESS THAN THE VALUATION NET PREMIUM FOR THE POLICY OR CONTRACT, TO PRESCRIBE THE MINIMUM STANDARD OF VALUATION FOR ACCIDENT AND HEALTH INSURANCE CONTRACTS ISSUED ON OR AFTER THE OPERATIVE DATE OF THE OPERATION MANUAL, TO PRESCRIBE THE OPERATIVE DATE FOR THE VALUATION MANUAL AND WHAT THE VALUATION MANUAL MUST SPECIFY, TO ESTABLISH REQUIREMENTS FOR A COMPANY THAT USES A PRINCIPLE-BASED VALUATION, TO DEFINE CONFIDENTIAL INFORMATION AND TO PROVIDE PRIVILEGE FOR AND CONFIDENTIALITY OF CONFIDENTIAL INFORMATION, AND TO PROVIDE EXEMPTIONS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-63-510, RELATING TO STANDARD NONFORFEITURE LAW FOR LIFE INSURANCE, SO AS TO DEFINE THE TERM "OPERATIVE DATE OF THE VALUATION MANUAL"; AND TO AMEND SECTION 38-63-600, RELATING TO THE BASIS FOR CALCULATING ADJUSTED PREMIUMS AND PRESENT VALUES OF POLICIES ISSUED ON OR AFTER JANUARY 1, 1989, SO AS TO PROVIDE THAT THE COMMISSIONERS' STANDARD MORTALITY TABLE SHALL BE USED TO DETERMINE THE MINIMUM NONFORFEITURE STANDARD FOR POLICIES ISSUED ON OR AFTER THE OPERATIVE DATE OF THE VALUATION MANUAL.

Senator HAYES explained the Bill.

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

S. 973 (Word version) -- Senators Cromer and Alexander: A BILL TO AMEND SECTION 38-7-20 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE INSURANCE PREMIUM TAX, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION TO 2027.

Senator CROMER explained the Bill.

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

S. 976 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE DEFINITIONS, SO AS TO ADD REFERENCES TO CERTAIN PRODUCERS; TO AMEND SECTION 38-43-50, RELATING TO LIMITED LINE AND SPECIAL PRODUCER


Printed Page 642 . . . . . Tuesday, February 2, 2016

LICENSING, SO AS TO ESTABLISH THAT A PRODUCER LICENSED FOR PROPERTY AND CASUALTY INSURANCE IS NOT REQUIRED TO BECOME APPOINTED BY THE SURPLUS LINES INSURER WHEN PLACING SURPLUS LINES INSURANCE THROUGH A LICENSED BROKER; AND TO AMEND SECTION 38-45-10, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE DEFINITIONS, SO AS TO PROVIDE THAT AN INSURANCE BROKER'S LICENSE IS NOT REQUIRED OF A PRODUCER LICENSED FOR PROPERTY AND CASUALTY INSURANCE WHO PLACES SURPLUS LINES INSURANCE THROUGH A LICENSED INSURANCE BROKER AND TO UPDATE REFERENCES.

Senator CROMER explained the Bill.

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

S. 978 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-9-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RISK-BASED CAPITAL PLANS, SO AS TO INCREASE THE MULTIPLIER FOR A COMPANY ACTION LEVEL EVENT FOR A LIFE AND HEALTH INSURER FROM 2.5 TO 3.0; TO AMEND SECTION 38-87-30, RELATING TO THE CHARTERING OF A RISK RETENTION GROUP, SO AS TO DEFINE TERMS, TO PROVIDE THAT A MAJORITY OF A RISK RETENTION GROUPS' DIRECTORS MUST BE INDEPENDENT DIRECTORS, TO ESTABLISH THE MAXIMUM TERM OF ANY MATERIAL SERVICE PROVIDER CONTRACT, TO REQUIRE THE BOARD OF DIRECTORS TO ADOPT A WRITTEN POLICY, TO REQUIRE THE BOARD OF DIRECTORS TO ADOPT AND DISCLOSE ITS GOVERNANCE STANDARDS, TO REQUIRE THE BOARD TO ADOPT AND DISCLOSE A CODE OF BUSINESS CONDUCT AND ETHICS, TO REQUIRE A RISK RETENTION GROUP TO COMPLY WITH APPLICABLE REGULATIONS, TO ESTABLISH PROCEDURES FOR NONCOMPLIANCE, AND TO SET ESTABLISHED DATES FOR COMPLIANCE; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE RISK RETENTION GROUPS, SO AS TO ALLOW AN OUT-OF-STATE RISK RETENTION GROUP TO SUBMIT REVISIONS TO ITS PLAN OF OPERATION WITHIN THIRTY DAYS OF APPROVAL BY THE STATE INSURANCE COMMISSION OR WITHIN THIRTY DAYS IF NO APPROVAL IS REQUIRED; AND TO AMEND SECTION


Printed Page 643 . . . . . Tuesday, February 2, 2016

38-90-160, AS AMENDED, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO EXTEND THE PROVISIONS OF SECTION 38-87-30 TO A RISK RETENTION GROUP LICENSED AS A CAPTIVE INSURANCE COMPANY.

Senator CROMER explained the Bill.

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

H. 3682 (Word version) -- Reps. Finlay, Bannister, Newton, Cole, Delleney, Weeks, Whipper, Robinson-Simpson and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 39 SO AS TO ENACT THE "BAD FAITH ASSERTION OF PATENT INFRINGEMENT ACT", TO PROVIDE THAT BAD FAITH ASSERTIONS OF PATENT INFRINGEMENTS ARE PROHIBITED, TO DEFINE TERMS, TO PROVIDE FOR A PRIVATE CAUSE OF ACTION IN STATE COURTS BY A RECIPIENT OF A BAD FAITH ASSERTION TO PATENT INFRINGEMENT, TO PROVIDE THAT ENFORCEMENT ACTIONS MAY BE BROUGHT BY THE ATTORNEY GENERAL AND WILFUL AND KNOWING VIOLATIONS MAY RESULT IN CIVIL PENALTIES OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR EACH VIOLATION, TO PROVIDE FOR THE FACTORS THAT A COURT MAY CONSIDER WHEN MAKING A BAD FAITH DETERMINATION, AND TO PROVIDE EXCEPTIONS.

Senator GREGORY explained the Bill.

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

S. 280 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-11-260, 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.

Senator BRYANT explained the Bill.

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

S. 493 (Word version) -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 644 . . . . . Tuesday, February 2, 2016

40-68-65 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO PROVIDE BY REGULATION FOR THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO DELETE THE REQUIREMENT THAT TERMS MUST BE ESTABLISHED BY WRITTEN CONTRACT, AND INSTEAD TO PROVIDE ORGANIZATIONS ONLY SHALL PROVIDE ASSIGNED EMPLOYEES WITH WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO CLARIFY THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE; AND TO REPEAL SECTION 40-68-45 RELATING TO CONTINUING PROFESSIONAL EDUCATION.

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

S. 933 (Word version) -- Senator Johnson: A BILL TO AMEND SECTION 59-18-310(B)(2) OF THE 1976 CODE, RELATING TO ACADEMIC STANDARDS AND ASSESSMENTS, TO PROVIDE A TWO YEAR EXTENSION FOR HIGH SCHOOL DIPLOMA PETITIONS FOR A PERSON WHO IS NO LONGER ENROLLED IN A PUBLIC


Printed Page 645 . . . . . Tuesday, February 2, 2016

SCHOOL AND WHO PREVIOUSLY FAILED TO RECEIVE A HIGH SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING TO MEET THE EXIT EXAM REQUIREMENTS.

Senator HAYES explained the Bill.

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

S. 1043 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Resolution.

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

ADOPTED

S. 1009 (Word version) -- Senators Grooms, Fair, L. Martin and Bright: A CONCURRENT RESOLUTION TO RESPECTFULLY AND HUMBLY ISSUE A "CALL TO PRAYER" FOR THE STATE OF SOUTH CAROLINA AND INVITE HER CITIZENS EVERYWHERE TO PRAY THAT GOD WILL CONTINUE TO BLESS THIS COUNTRY, OUR NOBLE STATE, AND THE FREEDOMS FOR WHICH THEY STAND.

The Resolution was adopted, ordered sent to the House

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

At 1:29 P.M., on motion of Senator CROMER, the Senate agreed to dispense with the balance of the Motion Period.

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

Remarks by Senator MALLOY

Thank you Mr. PRESIDENT, members of the Senate. I rise to bring to your attention something I think is critically important, probably to all


Printed Page 646 . . . . . Tuesday, February 2, 2016

of us. It has to do with children. Sometimes we take roll call votes here and we are heard. Sometimes we take roll call votes just by standing and we don't know who has voted or not. But I doubt that anyone in this Body would not raise their hands if you say, "How do we want to treat children?" We want to treat them well.

South Carolina needs to address an issue regarding children. They always say the moral test of a government is, "How do we treat children, how do you treat seniors and how do you treat those who have mental challenges?" So, I pose a question to you today. Did you know that the United States is the only country that set the age of criminal adult court jurisdiction under eighteen? We have done that in South Carolina. We set it at age sixteen. We are not talking about violent crimes, we are talking about crimes. This should be the year of the child. We have educational issues that we have to address because we need to educate them better. Did you know that a young person who is incarcerated at that age faces a high risk of sexual assault? Senator NICHOLSON and I attended a conference and we happened to agree on a good bit of this. Did you know that youth are thirty-six times more likely to commit suicide in an adult facility than in a juvenile facility? Did you know that the times have changed? The state legislatures all over the country are looking at different outcomes for kids that cost less.

The recent trend shows a shift toward less punitive policies that are influenced by an understanding as to how minds develop and their capabilities. It is backed by research that shows that behavior can be related to emotional, mental, psychological and interpersonal immaturity. Forty-one states have raised the age to seventeen. South Carolina has not. New York and North Carolina have age fifteen and we have age sixteen.

We have age restrictions where people can't even take the GED until age seventeen. They can't take the GED, but they can get incarcerated? We heard a compelling testimony of a young man who was locked up at sixteen. He didn't know that when he went to an adult facility, he had to take his shower while he was dressed because of sexual assaults. So today, I'm calling on this Senate to say that we need to raise the age to seventeen for children charged with these nonviolent offenses and to stop putting them in the prisons with these adults -- we spend money and turn them into criminals worse than they would be. The research is there.

So we have S. 916. We ask you join us in sponsoring this Bill. I don't want to speak for Senator NICHOLSON, but Senator FAIR is going to join me on this Bill, which is going to the charitable Judiciary Committee to try to get a hearing.


Printed Page 647 . . . . . Tuesday, February 2, 2016

It is time for change. Forty-one states have done it and others have matters pending. Two states moved quickly -- one by executive order. So I will conclude by saying that we have to start treating children like children. It is better and the research shows it. The incarceration rate is improving. We can have the lower cost of being in a juvenile facility and then we are going to come back later and address those issues that they set out in the Miller case and others.

You know what the courts have done all over the country as it relates to children. Folks it's time. Times have changed, and when times change, we have to change. Who wants their child in an adult prison when they have the ability to change? It's a retentive and rehabilitated society that needs an opportunity for us to give them a chance. We will turn them from tax burdens to tax payers. It is good for our State. Thank You.

On motion of Senator SHANE MARTIN, with unanimous consent, the remarks of Senator MALLOY were ordered printed in the Journal.

Motion Adopted

On motion Senator LEATHERMAN, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator BRYANT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles Moses Jowers of Anderson, S.C. Mr. Jowers was a member of St. Johns United Methodist Church and a member of Optimists International for 50 years. He was involved with the Republican Party in Greenville, Richland and Anderson Counties. He served as President of the Whitehall Elementary School PTA and was a member of the Hiram Lodge. Charles was a loving husband and devoted father who will be dearly missed.

and



Printed Page 648 . . . . . Tuesday, February 2, 2016

MOTION ADOPTED

On motion of Senator CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Huey L. Cockrell of Prosperity, S.C. Mr. Cockrell was a member of Cross Point Church and was a Mason for over 50 years. He retired from law enforcement as a SLED agent and was a member of the South Carolina Law Enforcement Officers' Association and the Newberry Country Law Enforcement Association. Huey was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 1:29 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:45 A.M. for the purpose of attending the Joint Assembly.

* * *

This web page was last updated on Tuesday, April 11, 2017 at 10:02 A.M.