Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:15 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 28: 8-9
"The Lord is the strength of his people; he is the saving refuge of his anointed; O save your people and bless your heritage; be their shepherd, and carry them forever."
Let us pray. Gracious and loving God, we glorify You for the many ways You have blessed our State and our nation. Trust in You has been the strength and conscience of our people for many generations. Faith in You has been the glue that has made this country a spiritual refuge. We pray fervently that You will continue to bless this heritage and not let it be eroded by secular society. Strengthen our resolve to pray daily -- to stand firmly by Your Word in Scripture and be doers of the word and not just hearers only, lest we deceive ourselves. Gather us in Your arms and carry us on the path that will restore our souls and renew our spirit that we might follow the path that You have set before us. Through Your holy name we pray, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator PEELER, the Senate agreed to recede at 12:20 P.M. for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate will reconvene at 2:00 P.M.
The PRESIDENT appointed Senators PEELER, J. MATTHEWS, CROMER, SHEALY and FANNING and Representatives Jefferson, Hosey, Daning and Yow to escort the Honorable Denise H. Rohan, National Commander of the American Legion, and members of her party to the House of Representatives for the Joint Assembly.
At 12:20 P.M., on motion of Senator PEELER, the Senate receded from business for the purpose of attending the Joint Assembly.
The PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses, H. 4716.
H. 4716 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE DENISE H. ROHAN, TO SOUTH CAROLINA AND INVITE HER TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 6, 2018.
The Honorable Denise H. Rohan and members of her party were escorted to the rostrum by Senators PEELER, J. MATTHEWS, CROMER, SHEALY and FANNING and Representatives Jefferson, Hosey, Daning and Yow. The PRESIDENT of the Senate introduced the Honorable Denise H. Rohan, National Commander of the American Legion.
Commander Rohan addressed the Joint Assembly.
Lt. Governor Bryant, Mr. Speaker, Senators and Representatives, it's truly an honor to speak to such a distinguished Body in this historic State House.
Before I begin, please allow me to take a moment to introduce members of the American Legion family who are with me today. We have with us the Commander of the South Carolina American Legion, Michael D. Strauss of North Augusta. It is also my pleasure to introduce the President of the Department of South Carolina American Legion Auxiliary, Judy Hennis, of Murrells Inlet; alternate National Executive Committeeman for the Department of South Carolina, Gary Mitchell, of Rock Hill; the Department Adjutant, Nick Diener, of Columbia; the American Legion Auxiliary Department of South Carolina National Executive Committeewoman, Brenda Holland, of Aiken. I'd also like to thank Howard Metcalf, the Director of the South Carolina Division of Veterans Affairs. And of course, the aide to the National Commander, who also happens to be my husband, Mike Rohan, of Madison, Wisconsin.
On behalf of the three million Legion family members from around the world and the 163 American Legion posts throughout the State of South Carolina, I want to express my appreciation to each of you for what you do for our men and women who serve in our military and our veterans from past wars.
The theme for my year as National Commander is Family First. As the wife of a retired soldier, I know firsthand that it just isn't the veteran who serves. It is the entire family.
In fact, the Army of the 1970s when I enlisted, wasn't nearly as family-friendly as it is today. I very well might have re-enlisted myself, had the Army shown a willingness to station me in the same part of the world as my active-duty husband. Today, there are no "guarantees," but I think there is more of an appreciation for these situations and the military branches do make a genuine effort to consider family status when assigning duty stations and other obligations.
I honestly believe some of these family-friendly policies are the result of the advocacy of organizations like the American Legion and lawmakers like you -- who understand and appreciate the sacrifices made by these military families.
That sacrifice was brought home to South Carolina in its greatest manifestation when Specialist Javion Shavonte Sullivan lost his life in Iraq on January 8. Specialist Sullivan, a native of Fort Mill, South Carolina, not only sacrificed his life while fighting ISIS, but his wife Rayven has now lost her 24-year-old husband. And while Rayven can take comfort in understanding that she was the "love of his life," their 3- year-old daughter Mahogany will no longer have her daddy. While many wars are controversial, can anyone doubt the pure depravity of ISIS and other terrorist groups? The sacrifice and void felt by the Sullivan family are permanent. Specialist Sullivan's aunt, Patricia Hackett, recalled to a local Fox news station why Javion served. He joined the Army to "make a better life for his family and fight for his country. It was just something he wanted to do," she said. In return, the American Legion believes we must make life better for the Sullivans. We have our American Legion Legacy Scholarship program just so girls like Mahogany will never have to worry about being able to afford college.
I would also like to commend this Body for offering "in-state" tuition and fee benefits to the children and spouses of those who have served. Policies and programs will never take the pain away that goes with losing a loved one, but it does send a message of gratitude and support to those who most need it.
Our society must always put families such as these first. I will be taking our Family-First message to airmen and soldiers stationed at Shaw Air Force Base when I visit the 10th Fighter Wing and 3rd Army Headquarters tomorrow. Your State gets it when it comes to Family First.
We welcome the Governor's proposal to fully exempt all military and first responder pensions from state taxes. This can be needed assistance to a surviving spouse, as well. Whether it's protecting military retirement benefits or providing free hunting and fishing licenses to veterans, you see veterans as model Americans -- people who have earned a special status in your communities.
You know who else has earned a special status? Those who went "Over There!" -- the World War I heroes, who 100 years ago liberated a continent and fought what they believed and what the world had hoped would be the "War to End All Wars." I am looking forward to visiting your magnificent World War I Memorial today at the USC Campus. My understanding is that like most of our World War I Memorials, it is showing its age and is in need of refurbishing. Any assistance that this great Body can provide to that effort would be most appreciated.
We, in the American Legion, understand the need to be prudent and responsible with revenues raised from taxpayers, but we also like to remind people that no other government programs would exist -- indeed, our American way of life would be radically different -- if not for the sacrifices of our veterans.
The American Legion was founded in Paris, France, by World War I veterans, just a few months after the armistice was signed that ended the war. The tradition and bonds that the American Legion shares with the doughboys -- and yes, there were some women veterans back then as well -- run deep. The very first commander of Richland American Legion Post 6, right here in Columbia, was Wyndham Meredith Manning. Not only did he serve in your state's House of Representatives, but his father -- Richard Irvine Manning III, was Governor of South Carolina during World War I. Like a true Legionnaire, Wyndham continued to serve his community in many ways long after he took his uniform off. Sacrifice was common in the Manning family. The Governor's son and Wyndham's brother, Major William Sinkler Manning also served in World War I. According to a New York Times report, Major William Manning led a charge up a German-held hill in the closing days of the war. The temptation to hold back at a time when rumors circulated that Germany already agreed to President Wilson's terms for surrender must have been very strong.
But "holding back" was not consistent with Major Manning's character. He advanced on that hill, which was heavily occupied with enemy machine gunners and snipers. He was shot through the head. When his fallen body was recovered, he was wearing a prominent black cape -- certain to inspire bravery among his men. He was found with his pistol extended forward, toward a machine gun nest.
Ladies and gentlemen, that is valor. And that is the type of sacrifice that a select group of Americans have made since the Revolution. It is why we remember them. It is why the American Legion advocates for fallen heroes, surviving veterans and their families.
Last week, I testified before Congress. My message to our national lawmakers is one that I think would be of interest to veterans here in the Palmetto State. We often hear about the problems that exist within the VA Health System. "If it bleeds, it leads," is still the prevailing coverage policy at many newspapers and media outlets.
What is lost in all the negative coverage is that private sector health care systems don't have inspector generals and do not have to withstand nearly the same scrutiny as the VA. Our position about the Department of Veterans Affairs has always been clear. We believe it is a system worth saving. Yes, it is far from perfect but I challenge anyone to come up with a health care system that is. Moreover, I challenge anyone to come up with a system that delivers better health care than what we have with the Department of Veterans Affairs.
This doesn't mean that we don't recognize the important role private providers play in veterans' health care. Some veterans, here in South Carolina, live in locations that are far from a VA facility. And others may be near an overcrowded clinic or hospital that hasn't done an adequate job of managing wait times.
Choice, when run efficiently, is an important component to overall VA health care -- but that choice should not lead to a private system that would break a solemn promise that we as a nation have made to those who have defended our freedom.
Whether it's treatment for PTSD or its research into state-of-the-art prosthetics, there are health care needs that are simply best provided by VA. Seventy percent of all U.S. doctors had some training in VA hospitals. VA Secretary Shulkin has promised to resist efforts to privatize his department and we fully support him in trying to stem back well-funded lobbying efforts to do just that.
More than 370,000 service members were medically diagnosed with traumatic brain injury between 2000 and 2017. An estimated 20 percent of Iraq and Afghanistan veterans have suffered from depression or PTSD. In 2014, the suicide rate for 18-24 year-old U.S. combat veterans was 10 times the national average. As of 2016, VA had identified approximately 175,000 Hepatitis C patients within its system.
These men and women deserve far more than a health care voucher and a "thank you." They deserve treatment in a system that was created specifically for them. Our veterans put their lives on the line not for Blue Cross Blue Shield -- but for the Red, White and Blue. It is our country that sends them to war and it is our country that should tend their wounds.
It is our country that owes them a network of trained professional counselors -- veterans in their peer group, who have gone through similar experiences -- ready to tell them that life is always worth living. They have to respond any time and ALL of the time, 24/7.
The suicide rate among veterans is a national tragedy. I fear that it would be even higher if not for a strong VA system and advocates like the American Legion who make suicide prevention a priority. I am confident that the people of this great State understand the need to "Care for him -- and her -- who shall have borne the battle."
Now, if you would allow me for one moment to call to the dais two members of this distinguished Body who have proven that they do care about those who have served. They have been designated by the American Legion Department of South Carolina as the Outstanding Members of the Legislature for 2018. They are true friends of veterans and the American Legion. Senator KENT WILLIAMS and Representative Michael Pitts would you please join me? We appreciate all that you do on behalf of veterans. Thank you so much, South Carolina Legislature. God Bless you and God Bless America.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:00 P.M., by prior motion of Senator PEELER, the Senate receded until 2:00 P.M.
The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Johnson Leatherman Malloy Martin Massey Nicholson Peeler Rankin Rice Scott Senn Setzler Shealy Sheheen Talley Timmons Turner Williams Young
A quorum being present, the Senate resumed.
Having voted on the prevailing side, Senator CORBIN moved to reconsider the vote whereby S. 1026 received second reading.
On motion of Senator CORBIN, the motion to reconsider was carried over.
Senator MARTIN rose for an Expression of Personal Interest.
At 2:36 P.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
The following appointment was transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, York County Master-in-Equity, with the term to commence June 30, 2018, and to expire June 30, 2022
Teasa Kay Weaver, 917 Snow Prince Lane, York, SC 29745 VICE S. Jackson Kimball
The following was received:
Document No. 4771
Agency: Department of Social Services
Chapter: 114
Statutory Authority: 1976 Code Sections 43-1-80 and 63-11-30
SUBJECT: Wilderness Therapeutic Camps for Children
Received by Lieutenant Governor January 9, 2018
Referred to General Committee
Legislative Review Expiration May 9, 2018
Withdrawn and Resubmitted March 1, 2018
Senator CROMER introduced Dr. March E. Seabrook of West Columbia, S.C., Doctor of the Day.
At 2:17 P.M., Senator MARTIN requested a leave of absence for Senator VERDIN for the day.
At 5:50 P.M., Senator ALLEN requested a leave of absence for Senator SABB for the balance of the day.
At 5:53 P.M., Senator HEMBREE requested a leave of absence for Senator MASSEY until 8:30 P.M.
At 5:53 P.M., Senator CORBIN requested a leave of absence until 9:00 A.M. Wednesday, March 7, 2018.
The following co-sponsors were added to the respective Bills:
S. 854 (Word version) Sens. Scott and Nicholson
S. 932 (Word version) Sen. Grooms
The following co-sponsor was removed from the respective Bill:
S. 579 (Word version) Sen. Gambrell
S. 757 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO REQUEST THE SENATE COMMITTEE ON INTERSTATE COOPERATION TO CONDUCT A STUDY CONCERNING THE FEASIBILITY AND THE ECONOMIC AND OTHER CONSEQUENCES OF THE STATE OF SOUTH CAROLINA EXEMPTING ITSELF FROM THE PROVISIONS OF DAYLIGHT SAVING TIME AS PERMITTED BY FEDERAL LAW.
Senator PEELER asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Interstate Cooperation.
The Senate Resolution was recalled from the Committee on Interstate Cooperation and ordered placed on the Calendar for consideration tomorrow.
H. 4284 (Word version) -- Reps. Douglas, Delleney and King: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WALNUT STREET IN THE CITY OF CHESTER FROM ITS INTERSECTION WITH SPRING STREET TO ITS INTERSECTION WITH GADSDEN STREET "THE REVEREND JOE H. NEAL WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION.
Senator FANNING asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 4687 (Word version) -- Reps. Yow, Henegan and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES TEALS MILL POND AND BEAR CREEK ALONG TEALS MILL ROAD IN CHESTERFIELD COUNTY "TEALS MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 3965 (Word version) -- Reps. Hardee, Johnson, Clemmons, Crawford, Duckworth, Fry, Atkinson, Hayes, Ryhal and Hewitt: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND THE SOUTH CAROLINA - NORTH CAROLINA STATE LINE, AT THE INTERSECTION OF UNITED STATES HIGHWAY 701 AND THE SOUTH CAROLINA - NORTH CAROLINA STATE LINE, AT THE INTERSECTION OF UNITED STATES HIGHWAY 701 AND THE HORRY-GEORGETOWN COUNTY LINE, ALONG UNITED STATES HIGHWAY 501 IN GALIVANTS FERRY, AT THE INTERSECTION OF UNITED STATES HIGHWAY 378 AND THE HORRY - MARION COUNTY LINE, AND AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 905 AND THE SOUTH CAROLINA - NORTH CAROLINA LINE THAT CONTAIN THE WORDS "HOME OF THE 2016 NATIONAL BASEBALL CHAMPIONS COASTAL CAROLINA UNIVERSITY CHANTICLEERS".
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1080 (Word version) -- Senator J. Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK," APRIL 9 THROUGH 13, 2018, AND "INDEPENDENT COLLEGE AND UNIVERSITY DAY," APRIL 6, 2018, AND TO HONOR THEM FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING FUTURE LEADERS FOR OUR STATE AND NATION.
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The Concurrent Resolution was adopted, ordered returned to the House.
S. 1081 (Word version) -- Senator Massey: A SENATE RESOLUTION TO RECOGNIZE THE STROM THURMOND HIGH SCHOOL MARCHING BAND, DIRECTORS, AND SCHOOL OFFICIALS FOR A SPECTACULAR PERFORMING SEASON AND TO CONGRATULATE THEM ON WINNING THE SOUTH CAROLINA BAND DIRECTORS ASSOCIATION 2A MARCHING BAND STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S. 1082 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-220(B) OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM PROPERTY TAX, TO PROVIDE THAT, NOTWITHSTANDING THE PROVISIONS OF SECTION 12-37-950, A LEASEHOLD INTEREST CONVEYED BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY FOR RESIDENTIAL USE IS EXEMPT FROM AD VALOREM TAXATION.
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Read the first time and referred to the Committee on Finance.
S. 1083 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-210 OF THE 1976 CODE, RELATING TO THE TIME PERIOD FOR PROCURING REGISTRATION AND LICENSING, TEMPORARY LICENSE PLATES, AND THE TRANSFER OF LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ADMINISTER A PROGRAM FOR AND REGULATE THE ISSUANCE OF TEMPORARY LICENSE PLATES FOR NEWLY ACQUIRED VEHICLES; TO PROVIDE FOR DESIGN AND OTHER SPECIFICATIONS; TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ADMINISTER AN ELECTRONIC SYSTEM FOR COUNTY AUDITOR'S OFFICES, LICENSED MOTOR VEHICLE DEALERS, LEASING COMPANIES, AND OTHER ENTITIES AUTHORIZED BY THE DEPARTMENT TO USE IN ISSUING TEMPORARY LICENSE PLATES; TO PROVIDE THAT ANY PERSON OR ENTITY AUTHORIZED BY THIS SECTION TO ISSUE A TEMPORARY LICENSE PLATE SHALL MAINTAIN RECORDS AS REQUIRED BY THE DEPARTMENT; TO PROVIDE FOR EXEMPTIONS; AND TO PROVIDE FOR PENALTIES.
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Read the first time and referred to the Committee on Transportation.
S. 1084 (Word version) -- Senator McLeod: A SENATE RESOLUTION TO POSTHUMOUSLY RECOGNIZE SKIPP PEARSON AS THE AMBASSADOR OF JAZZ FOR SOUTH CAROLINA IN HONOR OF HIS EXTRAORDINARY CONTRIBUTIONS TO THE WORLD OF JAZZ MUSIC.
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The Senate Resolution was adopted.
S. 1085 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, GENERALLY, BY ADDING ARTICLE 4, TO ENACT THE CAMPUS FREE EXPRESSION ACT, TO PROVIDE THAT OUTDOOR AREAS OF CAMPUSES OF PUBLIC COLLEGES AND INSTITUTIONS OF HIGHER LEARNING IN THIS STATE SHALL BE DEEMED TRADITIONAL PUBLIC FORUMS, TO PROVIDE THAT ANY PERSON WISHING TO ENGAGE IN NONCOMMERCIAL EXPRESSIVE ACTIVITY ON CAMPUS SHALL BE PERMITTED TO DO SO FREELY UNLESS THE PERSON'S CONDUCT IS UNLAWFUL OR MATERIALLY AND SUBSTANTIALLY DISRUPTS THE FUNCTIONING OF THE INSTITUTION, TO PROVIDE FOR PERMISSIBLE RESTRICTIONS THAT A PUBLIC INSTITUTION OF HIGHER LEARNING MAY PLACE IN CERTAIN AREAS, TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING SHALL INCLUDE A RANGE OF DISCIPLINARY SANCTIONS FOR ANYONE WITHIN ITS JURISDICTION WHO MATERIALLY AND SUBSTANTIALLY INTERFERES WITH THE FREE EXPRESSION OF OTHERS, TO PROVIDE THAT THE GOVERNING BOARD OF EACH STATE INSTITUTION OF HIGHER LEARNING SHALL DEVELOP AND ADOPT A POLICY ON FREE EXPRESSION BY JANUARY 1, 2019, TO PROVIDE FOR THE CONTENTS OF SUCH POLICY, TO PROVIDE THAT THE ATTORNEY GENERAL AND PERSONS WHOSE EXPRESSIVE RIGHTS HAVE BEEN VIOLATED BY A VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THIS ARTICLE OR TO RECOVER COMPENSATORY DAMAGES, REASONABLE COURT COSTS, AND ATTORNEYS' FEES, TO PROVIDE THAT THE GOVERNING BOARD OF EACH PUBLIC INSTITUTION OF HIGHER LEARNING SHALL ISSUE AN ANNUAL REPORT ON THE ADMINISTRATIVE HANDLING OF FREE SPEECH ISSUES WITHIN ITS RESPECTIVE INSTITUTION, TO PROVIDE FOR EXCLUSIONS TO THIS ARTICLE, AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Education.
S. 1086 (Word version) -- Senator Shealy: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17 OF THE 1976 CODE, RELATING TO CORONERS, BY ADDING SECTION 17-5-80, TO PROVIDE THAT A CORONER SHALL, IN THE ABSENCE OF THE NEXT OF KIN OF THE DECEASED PERSON, TAKE POSSESSION OR CUSTODY OF ALL PROPERTY OF VALUE FOUND ON OR ABOUT SUCH PERSON, MAKE AN EXACT INVENTORY THEREOF ON HIS REPORT, AND SURRENDER THE SAME TO THE PERSON ENTITLED TO ITS CUSTODY OR POSSESSION.
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Read the first time and referred to the Committee on Judiciary.
S. 1087 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-325 SO AS TO PROHIBIT THE DISPLAY OF A BARBER POLE FOR THE PURPOSE OF OFFERING OR IMPLYING TO OFFER BARBER SERVICES TO THE CONSUMING PUBLIC WITHOUT A BARBER LICENSE OR BARBER SHOP LICENSE ISSUED BY THE BOARD OF BARBER EXAMINERS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1088 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-220 SO AS TO DESIGNATE THE THIRD WEDNESDAY IN FEBRUARY OF EACH YEAR AS "BARBERS' DAY" IN SOUTH CAROLINA.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1089 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO RECOGNIZE MARCH 13, 2018, AS "4-H DAY" IN SOUTH CAROLINA AND TO COMMEND MS. LINDSEY SCOTT, DR. PAM ARDERN, AND THE 2018 4-H LEADERSHIP TEAM FOR THEIR NUMEROUS ACCOMPLISHMENTS AND OUTSTANDING LEADERSHIP.
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The Senate Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
S. 1090 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO RECOGNIZE THURSDAY, APRIL 19, 2018, AS "UNCLAIMED PROPERTY DAY" IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO UTILIZE THE OFFICE OF THE STATE TREASURER'S DATABASE TO SEARCH FOR UNCLAIMED PROPERTY FOR THEMSELVES, THEIR FRIENDS AND FAMILY, AND THEIR BUSINESSES.
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The Senate Resolution was introduced and referred to the Committee on Invitations.
S. 1091 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO RECOGNIZE THURSDAY, APRIL 26, 2018, AS "FUTURE SCHOLAR 529 DAY" IN SOUTH CAROLINA AND TO ENCOURAGE FAMILIES TO SAVE FOR COLLEGE WITH THE SOUTH CAROLINA FUTURE SCHOLAR 529 COLLEGE SAVINGS PLAN.
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The Senate Resolution was introduced and referred to the Committee on Invitations.
S. 1092 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE WEDNESDAY, MARCH 21, 2018, AS "SOUTH CAROLINA PROFESSIONAL LAND SURVEYORS DAY" IN HONOR OF THE IMPORTANT SERVICES PROVIDED BY THIS GROUP OF PROFESSIONALS.
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The Senate Resolution was adopted.
S. 1093 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-36-910(B)(3)(a), RELATING TO SALES TAX ON COMMUNICATION SERVICES, TO EXCLUDE FROM THE IMPOSITION OF THE SALES TAX IMPOSED BY SECTION 12-36-910 VIDEO STREAMING SERVICES RECEIVED BY THE CUSTOMER OVER THE INTERNET.
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Read the first time and referred to the Committee on Finance.
S. 1094 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR PASTOR JERRY BLASSINGAME, EXECUTIVE DIRECTOR OF SOTERIA COMMUNITY DEVELOPMENT CORPORATION AND SENIOR PASTOR OF SOTERIA CHRISTIAN FELLOWSHIP, FOR HIS VITAL CONTRIBUTIONS TO HIS COMMUNITY.
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The Senate Resolution was adopted.
H. 3565 (Word version) -- Reps. Fry, Crawford, Elliott, Burns, Clemmons, Allison, Jordan, Yow, Johnson, Atwater, Duckworth, Ryhal, Loftis, Hewitt, G. R. Smith, V. S. Moss, D. C. Moss, Daning, Hardee, Felder, Erickson, Bales, Hamilton, Huggins, Putnam, Anthony, Bedingfield, West, Atkinson, Bennett, B. Newton, Lucas, Arrington, Ballentine, Chumley, Crosby, Davis, Delleney, Forrester, Gagnon, Hixon, Long, Lowe, Murphy, Pitts, Pope, S. Rivers, Sandifer, Simrill, Stringer, Taylor, Thayer, White, Bannister, Tallon, McCravy, Quinn, McEachern and McGinnis: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIMELY REQUESTS FOR CONTESTED CASE HEARINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT AND RELATED PROVISIONS, SO AS TO ESTABLISH AN AUTOMATIC STAY CONCERNING LICENSE ISSUANCES, RENEWALS AND THE LIKE, AND TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE AUTOMATIC STAY MAY BE LIFTED.
Read the first time and referred to the Committee on Judiciary.
H. 4596 (Word version) -- Reps. Collins, Allison, Felder, Govan, Taylor, Bradley, Knight, West, Erickson, Funderburk and Stringer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, AND PROVIDE RELATED REQUIREMENTS FOR COMPETENCY-BASED SCHOOLS, THE STATE DEPARTMENT OF EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION.
Read the first time and referred to the Committee on Education.
H. 5035 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO HONOR THE CHAPIN GARDEN CLUB ON THE OCCASION OF ITS EIGHTIETH ANNIVERSARY AND TO WISH THE ORGANIZATION CONTINUED ENVIRONMENTAL SUCCESS FOR MANY YEARS TO COME.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 345 (Word version) -- Senators Davis, McElveen, Scott and Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-55 SO AS TO PROVIDE CERTAIN NURSING PROFESSIONALS MAY PROVIDE NONCONTROLLED PRESCRIPTION DRUGS AT ENTITIES THAT PROVIDE FREE MEDICAL SERVICES FOR INDIGENT PATIENTS; BY ADDING SECTION 40-33-57 SO AS TO PROVIDE CERTAIN NURSING PROFESSIONALS MAY CERTIFY STUDENTS AS UNABLE TO ATTEND SCHOOL BUT WHO POTENTIALLY MAY BENEFIT FROM RECEIVING INSTRUCTION AT HOME OR IN A HOSPITAL; BY ADDING SECTION 40-33-59 SO AS TO PROVIDE THAT NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES ORALLY OR IN WRITING MAY REFER A PATIENT TO A PHYSICAL THERAPIST FOR TREATMENT; BY ADDING SECTION 40-33-61 SO AS TO PROVIDE RECIPIENTS AND BENEFICIARIES OF CERTAIN ASSISTANCE AND SERVICES WITHIN THE SCOPE OF PRACTICE OF A NURSE PRACTITIONER OR CERTIFIED NURSE MIDWIFE MAY CHOOSE THE PROVIDERS FROM WHOM THEY RECEIVE SUCH ASSISTANCE AND SERVICES; BY ADDING SECTION 40-33-63 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY PRONOUNCE DEATH AND SIGN DEATH CERTIFICATES; BY ADDING SECTION 40-33-65 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY ORDER HOSPICE AND PALLIATIVE CARE SERVICES FOR PATIENTS; BY ADDING SECTION 40-33-67 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY CERTIFY INDIVIDUALS AS HANDICAPPED FOR PURPOSES OF OBTAINING HANDICAPPED PARKING PLACARDS; AND BY ADDING SECTION 40-47-370 SO AS TO EXEMPT ADVANCED PRACTICE REGISTERED NURSES FROM CERTAIN LICENSURE AND PRACTICE PROVISIONS WHEN EMPLOYED BY THE UNITED STATES GOVERNMENT AND PROVIDING SERVICES UNDER THE DIRECTION AND CONTROL OF THE UNITED STATES GOVERNMENT; TO AMEND SECTION 40-33-20, RELATING TO DEFINITIONS CONCERNING THE NURSE PRACTICE ACT, SO AS TO REVISE AND ADD NECESSARY DEFINITIONS; TO AMEND SECTION 40-33-34, RELATING TO THE PERFORMANCE OF DELEGATED MEDICAL ACTS, QUALIFICATIONS, PROTOCOLS, AND PRESCRIPTIVE AUTHORIZATIONS OF LICENSEES OF THE NURSING BOARD, SO AS TO MAKE VARIOUS REVISIONS; TO AMEND SECTION 40-47-20, RELATING TO DEFINITIONS CONCERNING THE BOARD OF MEDICAL EXAMINERS, SO AS TO REVISE SEVERAL DEFINITIONS AFFECTING THE SCOPE OF PRACTICE OF CERTAIN LICENSEES OF THE NURSING BOARD; AND TO AMEND SECTION 40-47-195, RELATING TO PHYSICIANS SUPERVISING MEDICAL ACTS DELEGATED TO OTHER PROFESSIONALS, SO AS TO ELIMINATE THE REQUIREMENT THAT SUPERVISING PHYSICIANS BE RESPONSIBLE FOR ENSURING CERTAIN ACTS DELEGATED TO ADVANCED PRACTICE REGISTERED NURSES ARE PERFORMED TO CERTAIN STANDARDS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2017, and to expire June 30, 2021
2nd Congressional District:
Seema Shrivastava Patel, 101 Avendale Lane, Lexington, SC 29072-7116 VICE Robert Kenyon Wells
Received as information.
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2015, and to expire June 30, 2019
1st Congressional District:
Rick Toomey, 3 Lucy Creek Drive, Beaufort, SC 29907-2222 VICE Mark Lutz
Received as information.
Columbia, S.C., March 6, 2018
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Appointment, York County Master-in-Equity, with term to commence June 30, 2018, and to expire June 30, 2022:
Ms. Teasa Kay Weaver, 917 Snow Prince Lane, York, South Carolina 29745 VICE S. Jackson Kimball
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 872 (Word version) -- Senators Timmons and Martin: A BILL TO AMEND SECTION 24-3-530 OF THE 1976 CODE, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, TO PROVIDE THAT A PERSON CONVICTED OF A CAPITAL CRIME AND HAVING IMPOSED UPON HIM THE SENTENCE OF DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR, AT THE ELECTION OF THE PERSON, LETHAL INJECTION, IF IT IS AVAILABLE AT THE TIME OF ELECTION, UNDER THE DIRECTION OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, TO PROVIDE THAT THE PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES THE RIGHT OF ELECTION, AND TO PROVIDE THAT IF EXECUTION BY LETHAL INJECTION UNDER THIS SECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION, THEN THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Corrections and Penology proposed the following amendment (872R001.DR.ASM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 24-3-530 of the 1976 Code is amended to read:
"Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection electrocution.
(B) The Director of the Department of Corrections shall determine and certify by affidavit to the Supreme Court whether the method selected pursuant to subsection (A) is available.
(B)(C) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by lethal injection, and it is available, in writing fourteen days before the execution date.
(C)(D) If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution regardless of the method elected by the person."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO spoke on the committee amendment.
Senator MALLOY spoke on the committee amendment.
Senator MARTIN asked unanimous consent, with Senator MALLOY retaining the floor, that Senator TIMMONS explain the committee amendment.
There was no objection.
Senator TIMMONS explained the committee amendment.
Senator MALLOY spoke on the committee amendment.
Senator MALLOY asked unanimous, while retaining the floor, to amend the Bill by striking the Bill in its entirety and inserting language only allowing executions by electrocution.
Senator HEMBREE objected.
Senator MALLOY resumed speaking on the committee amendment.
The question then was the adoption of the committee amendment.
The committee amendment was adopted.
On motion of Senator LEATHERMAN, the Senate agreed that when the Senate adjourns today, it stand adjourned to meet tomorrow, Wednesday, March 7, 2018, at 1:00 P.M.
Senator HUTTO proposed the following amendment (872R003.SP.CBH), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 24-3-530 of the 1976 Code is amended to read:
"Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection, if it is available at the time of election, or firing squad under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection electrocution.
(B) The Director of the Department of Corrections shall determine and certify by affidavit to the Supreme Court whether the method selected pursuant to subsection (A) is available.
(B)(C) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by firing squad or lethal injection, and it is available, in writing fourteen days before the execution date.
(C)(D) If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution regardless of the method elected by the person."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN spoke on the amendment.
Senator HUTTO spoke on the amendment.
Senator TIMMONS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Leatherman Martin Massey Peeler Rankin Rice Scott Senn
Setzler Shealy Sheheen Talley Timmons Turner Verdin Williams Young
Hutto Johnson Kimpson Matthews, John Matthews, Margie McElveen McLeod Nicholson Reese
PRESENT
Malloy
The amendment was laid on the table.
Senator MALLOY proposed the following amendment (872R005.SP.GM), which was carried over and withdrawn:
Amend the bill, as and if amended, SECTION 1, by striking Section 24-3-530(A) and inserting:
/ "Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. Waivers must be written, submitted by counsel, and approved by a circuit court judge following a hearing on the record. If the person waives the right of election, then the penalty must be administered by lethal injection electrocution. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY spoke on the amendment.
Senator MALLOY moved to carry over the amendment.
The amendment was carried over.
Senator MALLOY proposed the following amendment (872R004.SP.GM), which was carried over and withdrawn:
Amend the bill, as and if amended, SECTION 1, by striking Section 24-3-530(A) and inserting:
/ "Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the person, lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution or lethal injection must be made in writing fourteen days before the execution date or it is waived. Waivers must be in writing and submitted by counsel and approved by the Chief Justice of the South Carolina Supreme Court. If the person waives the right of election, then the penalty must be administered by lethal injection electrocution. /
Renumber sections to conform.
Amend title to conform.
Senator M.B. MATTHEWS spoke on the amendment.
At 4:59 P.M., on motion of Senator HEMBREE, with Senator M.B. MATTHEWS retaining the floor, the Senate receded from business not to exceed 10 minutes.
At 5:24 P.M., the Senate resumed.
Senator M.B. MATTHEWS resumed speaking on the amendment.
Senator M.B. MATTHEWS moved to carry over the Bill.
Senator MARTIN moved to table the motion to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Gambrell Goldfinch Gregory Grooms Hembree Leatherman Martin Massey Peeler Rankin Rice Senn Shealy Talley Timmons Turner Verdin Young
Allen Fanning Hutto Johnson Kimpson Matthews, Margie McElveen McLeod Reese Scott Sheheen Williams
Malloy
The motion was tabled.
Senator MALLOY moved to carry over the amendment.
Amendment No. 3 was carried over.
Senators MALLOY, HEMBREE, MASSEY and ALLEN proposed the following amendment (JUD0872.001), which was adopted:
Amend the committee report, as and if amended, page [872-2], by striking lines 1 and 2, in Section 24-3-530(C), as contained in SECTION 1, and inserting therein the following:
/ death by lethal injection, and it is available, in writing fourteen days before the execution date. The convicted person's signature on this form must be witnessed by two persons who are not inmates of the Department of Corrections, and the witnesses' signatures must be duly notarized. The form must contain a certification signed by the witnesses that the convicted person's signature is free from coercion and voluntarily given. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY spoke on the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
On motion of Senator MALLOY, with unanimous consent, Amendment 2 and Amendment 3 were withdrawn.
Senator SHEHEEN spoke on the Bill.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Gambrell Goldfinch Gregory Grooms Hembree Leatherman Martin Peeler Rankin Rice Senn Shealy Talley Timmons Turner Verdin Young
Allen Fanning Hutto Johnson Kimpson Matthews, Margie McElveen McLeod Reese Scott Sheheen Williams
Malloy
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator McLEOD rose for an Expression of Personal Interest.
On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, York County Master-in-Equity, with the term to commence June 30, 2018, and to expire June 30, 2022
Teasa Kay Weaver, 917 Snow Prince Lane, York, SC 29745 VICE S. Jackson Kimball
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Lois Woods Keesley of Edgefield, S.C. Ms. Keesley was a member of Edgefield United Methodist Church. She was a retired secretary and a volunteer for the Edgefield County Hospital Auxiliary. Lois was a loving mother and devoted grandmother who will be dearly missed.
At 6:00 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 1:00 P.M.
This web page was last updated on Tuesday, December 4, 2018 at 4:33 P.M.