Capitol Information Affiliates, LLC
Volume XXVII Issue 18
May 22, 2015
Senate Gives 2nd Reading to H.3114;
House Sends S.47 Body Cameras Back to the Senate;
House Waits for H.3702 & Keeps H.3701 in Adj. Debate
Pain Capable Unborn Child
The Senate gave 2nd to H.3114, Pain Capable Unborn Child, Tuesday. The Senate resumed their debate
Tuesday on amendment P3 by Senator Hutto and others. Senator Grooms spoke on the amendment,
saying he was not for exceptions (rape and incest) but was mindful of political realities. He urged the
Senate to pass the amendment and pass the bill. Senator Bright said he would object to an immediate
cloture vote. He said he had been told to be quiet and added that the Senate had not devoted enough time
to the bill. Senator Malloy raised a point of order of germaneness on the amendment. While the point of
order was under consideration, Grooms and Bright discussed the possibility of future abortion
legislation. The Lt. Governor sustained the point of order. Hutto moved all amendments prior to
amendment 6 be carried over. Malloy objected. The Senate moved to the committee amendment. Bright
said he did not support the committee amendment. He wanted the House version of the bill. Senator
Shane Martin said if the committee amendment was defeated, they could vote on the House version.
Bright lamented the two party system and later moved to table the committee amendment. The
amendment was tabled by a vote of 24-19. Amendments 1-5 were carried over. The Senate moved to
amendment 6 which was Hutto’s redrafted perfecting amendment. Grooms asked the Senate to hold
their tabling motions. “This is where we really work. Some people think Senator Hutto’s 300
amendments is a bluff,” said Grooms. Hutto said, “I don’t have any other amendments if this
amendment is adopted.” Grooms said the bill would die if the Senate had to address the other Hutto
amendments. The Hutto amendment deals with 20-week abortion exceptions of medical emergency,
rape, incest or a severe fetal anomaly. Bright moved to table and the motion failed 6-37. Senator Bryant
spoke of the horror of rape but said they needed to consider the innocent life. Malloy spoke about the
need to take care of children and educated them once they come into the world. Bryant moved to table
the amendment and the motion failed by a vote of 6-38. Senate Larry Martin moved to bring the matter
to a close. The Senate invoked cloture by a vote of 6-38. Bright resumed discussion saying he would
object to every amendment on the desk. He said his colleagues were in the worst position and he would
use the amendments in his arsenal. He said he would fight his own party. “I don’t care whether I win or
not in the next election, but you do,” said Bright. The amendment was adopted. Amendments 1-5 were
ruled out of order. Senator Kimpson spoke against the bill. He said the premise of the bill was medically
disputed. He reviewed abortion law and said, “Politics should not drive a woman making life decisions.”
He said 13 states had passed a similar bill and 3 states faced challenges. The bill was given 2nd reading
Tuesday. It remains on Special Order.
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Port Enhancement Zones
The Senate Medical Affairs Committee met Tuesday and gave a favorable report to S.743, Port
Enhancement Zones. The bill specifically targets the I-26 and I-95 corridors. The targeted areas can be
no more than 60 miles for the port and provides for an investment tax credit. There is a fiscal impact of
$1.9 million. Senator Fair talked about the upstate port and Senator Pinckney said they had already
provided enhancement for the upstate port. Senator Peeler asked if the Department of Commerce
requested the bill. Senator Matthews said the bill was approved by the Department of Commerce to
create jobs in Colleton, Berkeley, Orangeburg and Dorchester counties which are poverty areas.
Ignition Interlock Device
The House of Representatives passed S.590, Ignition Interlock Device, this week. The first committee
amendment that makes the interlock device retroactive to previous convictions was tabled. The second
committee amendment was adopted. The bill was sent back to the Senate and they concurred with the
House amendments.
Pollution Control Act Amendments
The House Judiciary Committee met Tuesday and again adjourned debate on S.229, the Pollution
Control Act. Representative McCoy said there was a lot to the bill and the chairman moved to adjourn
debate.
Medical Marijuana House and Senate
The House 3M Committee met Tuesday and ultimately adjourned debate on H.4037, SC Medical
Marijuana Program Act. Representative Hart gave the subcommittee report and informed the full
committee that the bill received a favorable report. Many members of the committee took the
opportunity to comment on the bill. Representative Henderson voiced her opposition and her concern
that no medical professionals testified at the subcommittee hearing. Representative Spires also voiced
his concerns with the bill, stating that the language was vague concerning prescribers. Hart commented
that the testimony during his subcommittee was “extremely moving.” He remarked, “I don’t know if
science can document the help medical marijuana provides.” Representative Hill voiced his support for
the bill. Representative Douglas echoed her comments from subcommittee, stating that the full
committee needed to be “methodical” in their deliberations. Representative Ridgeway made a motion to
adjourn debate on the bill, so that he could work on an amendment with the bill sponsor, Representative
Horne. Chairman Howard stated that it was important that the committee adjourn debate now so all
interested parties could come together to work on an amendment. The committee voted to adjourn
debate on the bill by a vote of 17-0.
A Senate Medical Affairs Subcommittee met Wednesday and carried over S.672, SC Medical Marijuana
Program Act, and companion to H.4037. Staff gave an explanation of the bill. Senator Davis explained
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that there is a way to code the marijuana plant for medical purposes. Davis continued to say that this bill
was a continuation of the CBD oil bill passed last year. Many interested citizens and organizations made
comments on the bill. Parents of children who suffered from severe seizures testified that medical
marijuana is the only medication that would enhance their children’s lives. A retired law enforcement
officer from Connecticut commented that the bill was “very conservative” but the language should be
“fine-tuned.” Senator Davis stated that his goal was to get the bill passed this as soon as possible. Cleary
commented that the bill would be reviewed before session begins in the 2016.
Body Cameras
The House of Representatives passed S.0047 regarding body cameras last week and returned it to the
Senate. The Senate amended the bill back to the Senate version and returned it to the House Wednesday.
H.3702
The Senate resumed debate on H.3702, the Capital Reserve Fund, Wednesday and made no progress.
Senators Shane Martin and Bryant offered Amendment 5A removing almost $85 million in higher
education funding to give to road funding. Martin said roads were more important this year than higher
education. Senator Davis took the podium in favor of the amendment and held it the rest of the
afternoon. Davis said they need to address capital needs with existing revenue and that they had to
prioritize. Davis and Bryant continued a running dialogue. Senator Gregory said colleges and
universities needed the funds for deferred maintenance. He said the DOT issue was two-fold and added,
“They have to contend with the increasing population in the state and maintaining existing roads.” Davis
said his amendment was critical to implementing the Republican Caucus plan. Davis then began
discussing the structure of the Department of Transportation. Gregory said taking the higher education
money leaves them with $221 million less than they had before the recession. Senator Leatherman
discussed the required level of funding – the Governor’s recommendation of $400 million or $800
million recommended by the BEA. Leatherman spoke about the caucus plan. Davis said he did not
support a gas increase and Leatherman said he did not agree with Davis’ amendment. Senator Thurmond
pointed that $69 million of recurring monies was already going to roads this year. Davis responded, “It
is a fundamental difference of opinion. All we need is the political will.” Davis returned to the
governance of the agency and said he would like to abolish the State Infrastructure Bank and the DOT
Commission. He said a Secretary of Transportation, appointed by the Governor, should make all of the
decisions. Senator Scott queried Davis about his DOT data. Senator Larry Martin moved to bring the
matter to a close. His motion failed by a vote of 7-33. Scott spoke about the future state workforce and
said it is critical to give money to higher education. No one was in the chamber and a motion was made
for a quorum call. A quorum was not present and there was a call of the Senate. Several Senate members
spoke to Davis during the call of the Senate. Davis made the motion to adjourn with Davis retaining the
floor. The Senate adjourned and debate resumed Thursday with Davis at the podium. Senator Sheheen
reviewed the caucus plan with Davis. Sheheen said he supported the Senate Finance road plan. Sheheen
spoke about the Davis revenue projections, saying that it never happened that way and referenced Act
388. Senator Cromer and Davis discussed the ability of local government to repair roads cheaper than
the DOT. Leatherman commented on the Governor’s $400 million estimate for the roads. He said, “The
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Governor said $400 million would keep our roads in the same condition they are today. I’m not
interested in keeping the roads the same as they are now.” Davis said the Governor wanted reform.
Leatherman said he disagreed with her position. Senator McElveen said they needed to address all roads
and everyone should have a seat at the table. He told Davis they should take the “parties” out of the
discussion. They discussed the restructure of DOT. McElveen indicated he had an amendment that took
“a much more local approach.” They discussed whether or not reform amendments would be germane.
Senator Scott discussed the North Carolina system where municipalities maintain 25% of the roads and
the rest are maintained by the state. He said he would not look at local taxation for the roads. He said
they should have to submit invoices as a check and balance system. Scott then began to speak about
training new employees. Davis said the state is not responsible for providing a workforce. “That is
communism. That is not free market,” said Davis. Gregory tried to steer the discussion back to the
amendment. There was another discussion between David and Gregory on higher education. Senator
Hembree discussed funding and said some roads can only use federal money. He said the gas tax was an
equitable way to pay for services. He said he supported the caucus plan. Davis said he did not like the
tax swap. There was discussion on the current income tax rate. The Senate adjourned with Davis
retaining the floor. Leatherman told the Senate to bring their pajamas on Tuesday.
Senate on House Ethics Bills
The Senate Judiciary Committee addressed a number of the individual issue House ethics bills last week.
All of the House bills’ language was replaced by the Senate passed language. H.3186 addressed the
statement of economic interest and the income disclosure requirement also includes real property.
H.3187 on campaign practices reverted to the Senate language including the outcome of the elected
office. Senator Bright placed a minority report on this bill. H.3193 includes the Senate run-off language.
H.3188 was amended on limitations on contribution amounts. H.3189 was amended with the Senate
electioneering language. Bright placed a minority report on this bill. Senator Matthews placed his name
on all bills that did not have a minority report by Bright,
Music Therapy
A Senate Medical Affairs Subcommittee met Wednesday and gave a favorable report to S.589, Music
Therapy Practice Act. Natalie Mullis, a music therapist, sang at the podium and said, “By passing this
bill, only confident healthcare providers will be able to provide this service. Right now people are
getting paid for this service and have no idea what they are doing. Music is a powerful tool.” Senator
Bryant asked, “If this gets passed and someone wants to provide this therapy without a license without
charging for their services can they do it?” Mullis said no and said there is a fine up to $1,000. Bryant
said he supported the bill because the service could not be billed to Medicaid.
Criminal Domestic Violence
The House of Representatives amended and returned S.0003, Criminal Domestic Violence, to the Senate
this week. Representative Erickson offered a 68 page strike and insert amendment. It removes the word
criminal as it relates to domestic violence. It addresses the degree of injury, number of occurrences and
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violence of a high and aggravated nature. She said all of the fines and penalties were “more severe than
current law.” It also includes a lifetime ban on firearms in an assault of a high and aggravated nature.
The amendment creates an advisory committee appointed by the General Assembly. It allows for
educating grades 6-8 about domestic violence, addresses the victim having to face their attacker in court
every year and allows for permanent restraining orders. Senator Larry Martin acknowledged receipt of
the bill Thursday. He is providing a summary for members and said they would address the changes
Tuesday.
SC Workforce Development Act
The House Ways and Means Committee met Wednesday and gave a favorable as amended report to
H.4145, SC Workforce Development Act. Representative White offered a strike and insert amendment
that would create a coordinating council at the Department of Commerce and bring them under one
agency for coordination. White went on to list other changes in the amendment, including employee
minimums, scholarship programs, and technical training opportunities. Representative Neal asked if
career pathways are in schools now and White responded, “Yes but this bill would enhance these
programs and coordinate monies and scholarships.” Representative Cobb Hunter questioned why the
coordinating council would be housed in the Department of Commerce and commented that it was
“awkward” placement. Representative Merrill said that the program seems to be obligating a lot of
money that the state does not have. White stated that, of the funds allocated to the program, the SGO
states it is capped at $8 million. White continued to say that the state would “fund it as it comes” and
saw no need for bonding.
FOIA Conference Committee
The Conference Committee on S.11, FOIA Notice of Public Meetings, met and organized on
Wednesday. House members included Representatives Newton, Powers-Norrell, and Taylor. Senate
members included Senators Campsen, Gregory, and Johnson. Campsen was elected chairman of the
Conference Committee. Staff reviewed the House and Senate versions, stating that there were three main
differences: differences in vote to add agenda item, posting to a website, and legislative agendas.
Campsen discussed the differences on voting to add an agenda item. He said he was concerned that the
House language may be too limited since it required there to be an “emergency” to add an item to the
agenda 24 hours out or during the meeting. Senator Johnson discussed his time as the Mayor of Manning
and stated that the Senate version, which only requires a 2/3 vote to add an agenda item, was already a
“high threshold.” Representative Newton commented that the intention of the House requiring a 2/3 vote
and an emergency component was to ensure there were no “sneak attacks” in government. Newton
discussed the House and Senate versions and stated that there is really only need for an emergency
component if there is a final decision at stake. Campsen said that the committee would have to ask for
free conference powers to make any changes. Representative Taylor spoke about his experience as a
reporter and how often times he had trouble with smaller towns and municipalities. Taylor continued,
“This is about the people and we [legislators] should bend over backwards to make it easy for them,
even if it’s a little harder on us.” Campsen then discussed legislative agendas and Taylor responded that
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the legislature should not be treated any differently. The group asked staff to draft changes and agreed to
return to their respective bodies and ask for free conference powers.
CON
The Senate Medical Affairs Committee met Thursday and disapproved R.4538, Certificate of Need.
Staff discussed changes in the regulation including changing the expenditure threshold from $2 million
to $50 million and the equipment threshold from, $600,000 to $10 million. Senator Cleary commented
that the regulation was unanimously disapproved by the subcommittee. Cleary also remarked that DHEC
could not give an answer on where the expenditure and equipment threshold changes originated. Senator
Davis said that there have been tremendous increases in medical equipment costs and that CON creates
barriers to the free market. Senator Lourie said, “I believe it is time that we overhaul the CON law but
this is not the way to do it.” Lourie said he was most concerned about over-litigation. Senator Nicholson
stated that he agreed that the committee needed to disapprove and “take the time to do it right.” Senator
Scott made a motion to disapprove the regulation. By a vote of 11-3, the committee voted to disapprove
the regulation stopping the clock on the regulation as of May 21, 2015.
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