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

                                                  NO. 22

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2017

_________

TUESDAY, FEBRUARY 14, 2017

Tuesday, February 14, 2017
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Jeremiah 29:12

"Then you will call on me and come and pray to me, and I will listen to you."

Let us pray. Almighty God, since the founding of our great country, You have called upon great people to lead us. Most of them are gone now but their words about faith and prayer live on to inspire us. Abraham Lincoln, whose birthday was this past Sunday said, "I have been driven many times upon my knees by the overwhelming conviction that I had nowhere to go but prayer. My own wisdom and that of all about me, seemed insufficient for the day."

O God, as we begin this week, we confess that, no matter what our position, our rank or our station -- our wisdom is insufficient for the day unless we turn to You in prayer. Grant that we might open the inner most recesses of our hearts to the power of Your holy spirit for us this day. Amen.

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

Point of Quorum

At 2:03 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bennett                   Campbell
Climer                    Corbin                    Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Leatherman                Martin
Massey                    Peeler                    Rankin
Rice                      Senn                      Setzler
Shealy                    Talley                    Timmons
Turner                    Young

A quorum being present, the Senate resumed.

Recorded Presence

Senator SHEHEEN recorded his presence subsequent to the Call of the Senate.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Local Appointments

Initial Appointment, York County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Chisa J. Putman, 832 Rains Meadow, Rock Hill, SC 29732 VICE Madrile H. Young

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Kenneth A. Campbell, Jr., 652 Otis Road, Walterboro, SC 29488

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Keisha D. Gadsden, Post Office Box 334, Jacksonboro, SC 29452

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Sophia T. Henderson, 1145 Oakman Branch Road, Walterboro, SC 29488

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Elbert O. Duffie III, 1075 Dallas Lane, Walterboro, SC 29488

Initial Appointment, Lancaster County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Curtisha L. Mingo, 3008 China Berry Drive, Lancaster, SC 29720 VICE Jacqueline Pope

Initial Appointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Harriet A. Bonds, 103 Silverhill Road, Walterboro, SC 29488

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:
Document No. 4678
Agency: South Carolina Human Affairs Commission
Chapter: 65
Statutory Authority: 1976 Code Sections 31-21-30 and 31-21-100
SUBJECT: Investigation Procedures
Received by Lieutenant Governor January 10, 2017
Referred to Judiciary Committee
Legislative Review Expiration May 10, 2017
Withdrawn and Resubmitted February 13, 2017

Doctor of the Day

Senator CORBIN introduced Dr. Steven Samoya of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 2:36 P.M., Senator TALLEY requested a leave of absence for Senator TIMMONS for the day.

Leave of Absence

At 2:36 P.M., Senator CAMPSEN requested a leave of absence for Senator CROMER for Tuesday, February 14, 2017 and Wednesday, February 15, 2017.

Expression of Personal Interest

Senator LEATHERMAN rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 11 (Word version)     Sen. Campsen

S. 17 (Word version)     Sen. Senn
S. 27 (Word version)     Sen. Timmons
S. 90 (Word version)     Sen. Davis
S. 118 (Word version)     Sen. Davis
S. 131 (Word version)     Sens. Shealy, Kimpson, M.B. Matthews, Jackson
S. 339 (Word version)     Sens. Allen, McElveen, Williams, Sheheen, Sabb, Kimpson,

McLeod, Reese, Nicholson, Fanning, Johnson, J. Matthews,

M. B. Matthews, Scott, Setzler
S. 345 (Word version)     Sens. McElveen and Scott
S. 365 (Word version)     Sen. Malloy

RECALLED AND COMMITTED

H. 3406 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND ACT 95 OF 2013, RELATING TO THE MAINTENANCE TAX IMPOSED BY THE WORKERS' COMPENSATION COMMISSION ON SELF INSURERS, SO AS TO DELETE AN UNCODIFIED PROVISION THAT TERMINATES THE ACT FIVE YEARS AFTER ITS EFFECTIVE DATE.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection and the Bill was recalled from the Committee on Judiciary.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was recommitted to the Committee onFinance.

RECALLED AND COMMITTED

S. 28 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 59-39-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIVE CREDIT FOR RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION FOR HIGH SCHOOL STUDENTS, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT BOARD OF TRUSTEES MAY, AS A MEANS TO ENSURE EVALUATION OF INSTRUCTION ON THE BASIS OF PURELY SECULAR CRITERIA, ACCEPT RELEASED TIME CREDITS AS TRANSFER CREDITS FROM AN ACCREDITED PRIVATE SCHOOL THAT HAS AWARDED PRIVATE SCHOOL CREDITS FOR A RELEASED TIME PROGRAM OPERATED BY AN UNACCREDITED ENTITY; AND TO MAKE THESE PROVISIONS EFFECTIVE JULY 1, 2018.

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

There was no objection and the Bill was recalled from the Committee on Education.

On motion of Senator CAMPSEN, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

RECOMMITTED

S. 326 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REAL ESTATE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4711, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry.

RECOMMITTED

S. 327 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF BARBER EXAMINERS, RELATING TO BARBERSHOP REQUIREMENTS; APPLICATIONS FOR INSPECTION AND REGISTRATION AND SHOP LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MASSEY, the Resolution was recommitted to Committee on Labor, Commerce and Industry.

RECOMMITTED

S. 373 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 4736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DAVIS, the Resolution was recommitted to Committee on Medical Affairs.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 399 (Word version) -- Senators Setzler and J. Matthews: A SENATE RESOLUTION TO HONOR AND RECOGNIZE ROGER SMITH UPON THE OCCASION OF HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EDUCATION ASSOCIATION AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 400 (Word version) -- Senators Davis and Turner: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RIGHT TO SHOP FOR HEALTH CARE ACT" BY ADDING ARTICLE 16 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE A CITATION; TO PROVIDE NECESSARY DEFINITIONS; TO PROVIDE THAT A HEALTH CARE PROVIDER MUST DISCLOSE THE ALLOWED AMOUNT OF A NONEMERGENCY ADMISSION, PROCEDURE, OR SERVICE WITHIN A CERTAIN TIME FRAME; TO REQUIRE AN INSURANCE CARRIER TO ESTABLISH ACCESS TO AN INTERACTIVE MECHANISM ON ITS PUBLICLY ACCESSIBLE WEBSITE TO ALLOW AN ENROLLEE TO OBTAIN CERTAIN INFORMATION; TO PROVIDE THAT A CARRIER MUST PROVIDE A GOOD FAITH ESTIMATE OF THE ALLOWED AMOUNT AND OUT-OF-POCKET COSTS OF A PROPOSED NONEMERGENCY PROCEDURE OR SERVICE UPON REQUEST; TO PROVIDE ALL HEALTH INSURANCE CARRIERS SHALL OFFER SHARED SAVINGS INCENTIVE PROGRAMS AS COMPONENTS OF ALL HEALTH INSURANCE PLANS, SUBJECT TO CERTAIN EXCEPTIONS, TO PROVIDE RELATED REQUIREMENTS CONCERNING THE ESTABLISHMENT OF THESE PROGRAMS, AND THE OFFERING OF INCENTIVES TO HEALTH PLAN ENROLLEES CONCERNING CERTAIN COVERED SHOPPABLE HEALTH CARE SERVICES; TO PROVIDE SHARED SAVINGS INCENTIVE PAYMENTS ARE NOT ADMINISTRATIVE EXPENSES OF THE CARRIER WHO PAID THEM FOR RATE DEVELOPMENT OR RATE FILING PURPOSES; TO PROVIDE WAIVERS FROM THE REQUIREMENTS OF THIS ACT; TO REQUIRE CARRIERS TO ANNUALLY FILE REPORTS OF CERTAIN RELATED INFORMATION TO THE DEPARTMENT; AND TO PROVIDE THE DEPARTMENT MAY ADOPT RULES TO CARRY OUT THE PROVISIONS OF THIS ACT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 401 (Word version) -- Senators Talley and McElveen: A BILL TO AMEND SECTIONS 61-6-1140 AND 61-6-1150 OF THE 1976 CODE OF LAWS, BOTH RELATED TO TASTINGS AND RETAIL SALES OF ALCOHOLIC LIQUORS AT LICENSED PREMISES OF A MICRO-DISTILLERY OR MANUFACTURER, TO REVISE THE OUNCE AMOUNT OF ALCOHOLIC LIQUORS DISPENSED AT LICENSED PREMISES, TO REVISE THE SALE AT RETAIL OF ALCOHOLIC LIQUORS AT LICENSED PREMISES, AND TO ALLOW MIXERS TO BE USED IN TASTINGS.
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Read the first time and referred to the Committee on Judiciary.

S. 402 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 50-9-525(A) OF THE 1976 CODE, RELATING TO DISABILITY LICENSES FOR HUNTING AND FISHING, TO ALLOW RESIDENTS RECEIVING BENEFITS FROM A STATE RETIREMENT SYSTEM TO OBTAIN A THREE-YEAR COMBINATION OR FISHING LICENSE AT NO COST.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 403 (Word version) -- Senator Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-87 SO AS TO PROVIDE FOR THE RIGHT OF A VULNERABLE ADULT, OR AN AUTHORIZED REPRESENTATIVE OF A VULNERABLE ADULT, TO FILE A CIVIL ACTION FOR FINANCIAL EXPLOITATION OF THE VULNERABLE ADULT, WITH EXCEPTIONS; TO AMEND SECTION 43-35-10, RELATING TO TERMS USED IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO ADD DEFINITIONS FOR "DECEPTION" AND "INTIMIDATION" AND TO CHANGE THE DEFINITION OF "EXPLOITATION".
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Read the first time and referred to the Committee on Medical Affairs.

S. 404 (Word version) -- Senators Campbell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA 1976, BY ADDING SECTION 12-6-3378 SO AS TO ALLOW A TAX CREDIT TO AN AGRIBUSINESS OPERATION OR AN AGRICULTURAL PACKAGING OPERATION THAT INCREASES ITS PURCHASES OF AGRICULTURAL PRODUCTS WHICH HAVE BEEN CERTIFIED AS SOUTH CAROLINA GROWN, AND TO SPECIFY THE MANNER IN WHICH THE CREDIT IS ADMINISTERED; AND TO AMEND SECTION 12-10-80, RELATING TO THE JOBS DEVELOPMENT CREDIT, SO AS TO MAKE CERTAIN QUALIFYING SERVICE-RELATED FACILITIES ELIGIBLE FOR THE CREDIT.
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Read the first time and referred to the Committee on Finance.

S. 405 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE COMMISSION, RELATING TO REAL ESTATE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 406 (Word version) -- Senator J. Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GEORGIA S. GOOD, EXECUTIVE DIRECTOR OF THE RURAL ADVANCEMENT FUND, AND TO EXPRESS PROFOUND APPRECIATION FOR HER SIGNIFICANT ASSISTANCE IN RURAL AND FARMING COMMUNITIES FOR MORE THAN FORTY YEARS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 407 (Word version) -- Senators Campbell, Bennett, Verdin, Shealy, Cromer, Hutto, Setzler, Hembree, Jackson and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA AGRIBUSINESS AND RURAL JOBS ACT", TO PROVIDE DEFINITIONS, TO PROVIDE FOR AN APPLICATION AND APPROVAL PROCESS, TO ALLOW FOR A TAX CREDIT, TO PROVIDE FOR THE REVOCATION OF TAX CREDIT CERTIFICATES, AND TO REQUIRE CERTAIN REPORTING.
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Read the first time and referred to the Committee on Finance.

S. 408 (Word version) -- Senators Goldfinch, Leatherman, Hembree, Massey, Climer, Davis, Shealy, Senn, Hutto, Grooms, Rankin, Gambrell, Williams, Rice, Bennett, Campsen, Sabb, Cromer, Kimpson and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 101, TITLE 59 OF THE 1976 CODE OF LAWS, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING GENERALLY, BY ADDING SECTION 59-101-182, TO REQUIRE COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES TO HAVE A GOVERNANCE COMMITTEE AND AN AUDIT COMMITTEE, AND TO PROVIDE COMMITTEE MEMBERSHIP REQUIREMENTS AND DUTIES.
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Read the first time and referred to the Committee on Education.

S. 409 (Word version) -- Senator Peeler: A BILL TO AMEND SECTIONS 17-3-30 AND 17-3-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO APPLICATION FEES FOR PUBLIC DEFENDER SERVICES, AMONG OTHER THINGS, BOTH SO AS TO PROVIDE THAT THE APPLICATION FEE MUST BE COLLECTED BY THE PUBLIC DEFENDER'S OFFICE AND WAIVERS OBTAINED THROUGH THE PUBLIC DEFENDER RATHER THAN THROUGH THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL.
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Read the first time and referred to the Committee on Judiciary.

S. 410 (Word version) -- Senator Williams: A SENATE RESOLUTION TO COMMEND AND SUPPORT THE DEMOCRATIZATION EFFORTS OF THE REPUBLIC OF CHINA (TAIWAN) AND THE NATION'S MEANINGFUL PARTICIPATION IN THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, AND THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE, AS WELL AS OTHER INTERNATIONAL ORGANIZATIONS, AND TO EXTEND SINCERE BEST WISHES FOR CONTINUED COOPERATION AND SUCCESS.
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The Senate Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

S. 411 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-53-1410 OF THE 1976 CODE, RELATING TO THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION, TO INCREASE THE TOTAL NUMBER OF COMMISSION MEMBERS, AND TO INCREASE THE NUMBER OF MEMBERS APPOINTED FROM KERSHAW COUNTY.
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Read the first time and referred to the Committee on Education.

S. 412 (Word version) -- Senators Campbell, Massey, J. Matthews, Shealy, Gambrell, Nicholson, Williams and Grooms: A BILL TO AMEND SECTION 12-6-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS, SO AS TO INCREASE THE TAX CREDIT FOR COMMUNITY DEVELOPMENT CORPORATIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FROM THIRTY-THREE PERCENT OF AMOUNTS INVESTED TO ONE-HUNDRED PERCENT OF AMOUNTS INVESTED, TO DELETE AN AGGREGATE CREDIT PROVISION AND SET AN ANNUAL LIMIT OF TAX CREDITS AT FIVE MILLION DOLLARS, TO ESTABLISH TAX CREDIT RESERVE ACCOUNTS FOR THE FIRST THREE QUARTERS OF EACH TAX YEAR SO AS TO AVOID THE DEPLETION OF CREDITS BY AN INDIVIDUAL TAXPAYER; TO DELETE THE PRO-RATA DISTRIBUTION OF TAX CREDITS, TO ALLOW FINANCIAL INSTITUTIONS WITH TAX LIABILITIES IN THIS STATE TO INVEST IN CERTIFIED COMMUNITY DEVELOPMENT CORPORATIONS FOR THE PURPOSE OF RECEIVING A TAX CREDIT, TO PROVIDE THAT RETURNS ON INVESTMENTS IN CERTIFIED COMMUNITY DEVELOPMENT CORPORATIONS AND CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS MAY NOT EXCEED THE TOTAL AMOUNT OF THE INITIAL INVESTMENT, TO QUALIFY THE SOUTH CAROLINA ASSOCIATION FOR COMMUNITY ECONOMIC DEVELOPMENT AS A COMMUNITY DEVELOPMENT CORPORATION AND TO QUALIFY THE SOUTH CAROLINA COMMUNITY CAPITAL ALLIANCE AS A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND SECTION 4 OF ACT 314 OF 2000, AS AMENDED, RELATING TO COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS, SO AS TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT UNTIL JUNE 30, 2027.
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Read the first time and referred to the Committee on Finance.

S. 413 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ALPHA KAPPA ALPHA SORORITY FOR ITS PHILANTHROPIC WORK AND TO DECLARE THURSDAY, FEBRUARY 23, 2017, "ALPHA KAPPA ALPHA DAY" AT THE SOUTH CAROLINA STATE HOUSE.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 414 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO HONOR OUR SENIOR NUTRITION PROGRAMS, THE SENIORS THEY SERVE, AND THE VOLUNTEERS WHO CARE FOR THEM AND TO DECLARE MARCH 2017 AS "MARCH FOR MEALS MONTH" IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 415 (Word version) -- Senators Malloy and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-112 SO AS TO CLARIFY THE PROBATE COURT'S AUTHORITY TO IMPOSE PENALTIES FOR CONTEMPT AND TO GRANT A MOTION FOR A PARTY TO PROCEED IN FORMA PAUPERIS; TO AMEND SECTION 8-21-800, RELATING TO RELIEF FROM FILING FEES, COURT COSTS, AND PROBATE COSTS, SO AS TO CLARIFY THAT THE PROBATE JUDGE MAY WAIVE FILING FEES FOR INDIGENT PERSONS IN THE SAME MANNER AS OTHER CIVIL CASES; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION AND CONCURRENT JURISDICTION WITH FAMILY COURT, SO AS TO CLARIFY THE COURT'S JURISDICTION IN MATTERS INVOLVING THE ESTABLISHMENT, ADMINISTRATION, OR TERMINATION OF A SPECIAL NEEDS TRUST FOR DISABLED INDIVIDUALS AND TO REVISE OUTDATED TERMINOLOGY; TO AMEND SECTION 62-1-401, AS AMENDED, RELATING TO NOTICE, SO AS TO AUTHORIZE NOTICE TO BE MADE BY A QUALIFYING COMMERCIAL DELIVERY SERVICE AND IS SIMILAR TO NOTICE BY REGISTERED MAIL OR CERTIFIED MAIL; TO STRIKE PARTS 1, 2, 3, 4, AND 7, ARTICLE 5, TITLE 62, AND TO ADD NEW AND REVISED PROVISIONS RELATING TO THE PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO PROMOTE UNIFORMITY AMONG THE STATE'S FORTY-SIX PROBATE COURTS, TO SAFEGUARD ADEQUATE DUE PROCESS PROTECTIONS FOR THE STATE'S ALLEGED INCAPACITATED INDIVIDUALS, TO ELIMINATE OVER RELIANCE UPON RESTRICTIVE FULL OR PLENARY GUARDIANSHIPS, TO REDUCE THE COSTS OF PROCEEDINGS, TO ESTABLISH CONSISTENCY BETWEEN GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS, AND TO CREATE AN ADEQUATE SYSTEM FOR MONITORING GUARDIANS AND CONSERVATORS.
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Senator MALLOY spoke on the Bill.

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

S. 416 (Word version) -- Senators Alexander, Allen, Bennett, Campbell, Campsen, Climer, Corbin, Courson, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Scott, Senn, Setzler, Shealy, Sheheen, Talley, Timmons, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY FOOTBALL TEAM AND COACHES FOR WINNING THE 2016 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP TITLE, TO RECOGNIZE THE TEAM'S NUMEROUS ACCOMPLISHMENTS DURING THE SEASON, TO INVITE THE NUMBER ONE RANKED TIGERS AND CLEMSON OFFICIALS TO JOIN THE GENERAL ASSEMBLY IN JOINT SESSION AT NOON ON TUESDAY, FEBRUARY 28, 2017, WHEREBY COACH DABO SWINNEY IS INVITED TO ADDRESS THE JOINT SESSION, AND TO EXTEND THE PRIVILEGE OF THE FLOOR DURING THE JOINT SESSION.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3016 (Word version) -- Reps. V. S. Moss, Atwater, Long and Magnuson: A CONCURRENT RESOLUTION TO REAFFIRM "IN GOD WE TRUST" AS THE OFFICIAL MOTTO OF THE UNITED STATES OF AMERICA AND TO SUPPORT AND ENCOURAGE THE DISPLAY OF THE MOTTO IN HOMES, HOUSES OF WORSHIP, AND IN ALL PUBLIC BUILDINGS, PUBLIC SCHOOLS, AND OTHER GOVERNMENTAL INSTITUTIONS.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3035 (Word version) -- Reps. Daning, Long, Simrill, Bales, Bradley, G. M. Smith, Weeks, W. Newton, Herbkersman, Jefferson, Mitchell, McKnight, Murphy, Johnson, Yow, Fry, McCoy, Stavrinakis, Loftis, Chumley, Arrington, Bennett, Alexander, Anderson, Gagnon, Kirby, Clyburn, S. Rivers, Davis, Crosby, Cogswell, Sottile, Spires, Atwater, Brown, Gilliard, Mack, Whipper, Martin, B. Newton, Felder, Pope, Taylor, Hixon, Elliott, V. S. Moss, G. R. Smith, Hamilton, Dillard, Robinson-Simpson, Forrester, Allison, Hosey, Hayes, Atkinson, Douglas, Ridgeway, Norrell, Norman, Funderburk, Neal, J. E. Smith, Erickson, Bernstein, Crawford, Henegan, West, Knight, Blackwell and King: A BILL TO AMEND SECTION 59-112-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION RATES AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN PERSONS ASSOCIATED WITH THE ARMED SERVICES OF THE UNITED STATES, SO AS TO REVISE RESIDENCY REQUIREMENTS AND PROVIDE VETERANS WHO EVIDENCE THEIR INTENT TO ESTABLISH DOMICILE IN THIS STATE AND THEIR DEPENDENTS MAY RECEIVE IN-STATE TUITION RATES WITHOUT HAVING ESTABLISHED A PHYSICAL PRESENCE IN THIS STATE, AND TO DEFINE RELATED TERMINOLOGY.

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

H. 3355 (Word version) -- Reps. Davis and Daning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAYS 6 AND 315 IN MONCKS CORNER "JOHN TROUT MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3453 (Word version) -- Reps. Herbkersman, W. Newton and Bowers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NEW RIVER AT THE BEAUFORT/JASPER COUNTY LINE ALONG SOUTH CAROLINA HIGHWAY 46 THE "MELANIE LOWTHER MEMORIAL BRIDGE" AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3455 (Word version) -- Reps. Herbkersman, W. Newton and Bowers: A CONCURRENT RESOLUTION TO REQUEST THE MEMBERS OF THE JASPER OCEAN TERMINAL JOINT PROJECT OFFICE BOARD OF DIRECTORS NAME THE PROPOSED JASPER OCEAN TERMINAL TO BE LOCATED IN JASPER COUNTY THE "HENRY PARKS MOSS, JR. MEMORIAL PORT".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3569 (Word version) -- Reps. Alexander, Kirby and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF 7 MILE ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 51 TO ITS INTERSECTION WITH OLD RIVER ROAD "CORPORAL THOMAS WILLIAM SPEARS MEMORIAL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3656 (Word version) -- Reps. Hardee, Hewitt, Crawford, Fry, Anderson, Clemmons, Atkinson, Duckworth, Hayes and Johnson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 9 AND HIGHWAY S-26-410 IN HORRY COUNTY "DEPUTY SHERIFF TIMOTHY CAUSEY MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3676 (Word version) -- Reps. Murphy, Knight, Arrington, Bennett, Whipper, Mack and Jefferson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD ORANGEBURG ROAD IN SUMMERVILLE FROM ITS INTERSECTION WITH BUTTERNUT ROAD WESTWARD TO ITS INTERSECTION WITH WILLOW OAKS LANE "COACH PAT EIDSON WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3677 (Word version) -- Rep. Delleney: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 6 AND 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2017.

Read the first time and ordered placed on the Calendar without reference.

H. 3730 (Word version) -- Reps. Elliott, Hamilton, G. R. Smith, Burns, Loftis, Henderson, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hardee, Hart, Hayes, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CELEBRATE THE BOB JONES UNIVERSITY BRUINS MEN'S CROSS COUNTRY TEAM ON WINNING THE 2016 NATIONAL CHRISTIAN COLLEGE ATHLETIC ASSOCIATION DIVISION II NATIONAL CHAMPIONSHIP MEET AND TO COMMEND THESE RUNNERS ON A STELLAR SEASON.

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

H. 3733 (Word version) -- Reps. J. E. Smith, Bales, Ballentine, Bernstein, Douglas, Finlay, Hart, Howard, McEachern, Neal, Rutherford, Thigpen, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bamberg, Bannister, Bedingfield, Bennett, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Duckworth, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FORT JACKSON, THE NATION'S LARGEST AND MOST ACTIVE TRAINING FACILITY FOR THE UNITED STATES ARMY, AND TO CONGRATULATE THE SOLDIERS AND COMMAND STAFF STATIONED THERE AS THEY CELEBRATE ONE HUNDRED YEARS OF OUTSTANDING TRAINING FOR OUR NATION'S SOLDIERS.

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

H. 3734 (Word version) -- Reps. Elliott, Hamilton, G. R. Smith, Burns, Loftis, Henderson, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hardee, Hart, Hayes, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE BOB JONES UNIVERSITY BRUINS MEN'S SOCCER TEAM ON WINNING THE 2016 NATIONAL CHRISTIAN COLLEGE ATHLETIC ASSOCIATION DIVISION II NATIONAL CHAMPIONSHIP TITLE.

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

H. 3735 (Word version) -- Reps. Elliott, Hamilton, G. R. Smith, Burns, Loftis, Henderson, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hardee, Hart, Hayes, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO HONOR THE BOB JONES UNIVERSITY BRUINS WOMEN'S SOCCER TEAM ON CAPTURING THE 2016 NATIONAL CHRISTIAN COLLEGE ATHLETIC ASSOCIATION DIVISION II NATIONAL CHAMPIONSHIP AND TO COMMEND THESE ATHLETES ON A SPECTACULAR SEASON.

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

H. 3752 (Word version) -- Reps. Delleney, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND SENATE FOR ITS ANNUAL STATE HOUSE MEETING ON FRIDAY, JUNE 16, 2017, HOWEVER, THE CHAMBERS MAY NOT BE USED IF THE GENERAL ASSEMBLY IS IN SESSION OR THE CHAMBERS ARE OTHERWISE UNAVAILABLE.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEE

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 279 (Word version) -- Senator Alexander: A BILL TO ENACT THE "APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT" BY ADDING ARTICLE 3 TO CHAPTER 60, TITLE 40 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, TO PROVIDE CERTAIN DEFINITIONS, TO REQUIRE REGISTRATION FOR AN ENTITY ACTING AS AN APPRAISAL MANAGEMENT COMPANY, TO SPECIFY REGISTRATION AND RENEWAL REQUIREMENTS, TO PROVIDE EXEMPTIONS FROM REGISTRATION, TO PROVIDE FOR THE CONDUCT OF APPRAISAL MANAGEMENT COMPANIES, AND TO PROVIDE REMEDIES FOR VIOLATIONS; TO AMEND SECTION 40-60-10(B), RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, TO PROVIDE FOR EIGHT MEMBERS TO INCLUDE ONE MEMBER REPRESENTING AN APPRAISAL MANAGEMENT COMPANY; AND TO REDESIGNATE CHAPTER 60, TITLE 40 AS "REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES."

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 297 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 40-18-80(A)(2) OF THE 1976 CODE, RELATING TO SECURITY OFFICER REGISTRATION CERTIFICATES AND QUALIFICATIONS OF APPLICANTS, TO PROVIDE THAT, PENDING ISSUANCE OF A REGISTRATION CERTIFICATE, A SECURITY OFFICER MAY PERFORM THE DUTIES OF A SECURITY OFFICER FOR UP TO SIXTY DAYS AFTER RECEIPT BY SLED OF HIS APPLICATION FOR REGISTRATION.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 356 (Word version) -- Senator Johnson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CAPITAL WAY IN THE TOWN OF MANNING FROM ITS INTERSECTION WITH COMMERCE STREET TO ITS INTERSECTION WITH PAXVILLE HIGHWAY "HOLMES NATHANIEL SMITH, JR. MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET CONTAINING THIS DESIGNATION.

Returned with concurrence.

Received as information.

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

READ THE THIRD TIME
SENT TO THE HOUSE

The following Bills and Resolutions were read the third time and ordered sent to the House of Representatives:

S. 214 (Word version) -- Senators Kimpson and Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 36, TITLE 12 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, BY ADDING SECTION 12-36-71, TO PROVIDE THAT A RETAILER IS PRESUMED TO BE LIABLE FOR THE SALES TAX OR RESPONSIBLE FOR COLLECTING AND REMITTING THE USE TAX IF THE RETAILER ENTERS INTO AN AGREEMENT WITH A RESIDENT OF THIS STATE UNDER WHICH THE RESIDENT, FOR A COMMISSION OR CONSIDERATION, REFERS POTENTIAL CUSTOMERS, WHETHER BY AN INTERNET LINK OR OTHERWISE, TO REQUIRE SUCH RETAILERS TO OBTAIN A
RETAIL LICENSE AND REMIT SALES AND USE TAX ON ALL TAXABLE RETAIL SALES, AND TO PROVIDE EXCEPTIONS.

Recorded Vote

Senators DAVIS and MARTIN desired to be recorded as voting against the third reading of the Bill.

S. 181 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 44-56-200(B) OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, TO PROVIDE THAT, FOR THE PURPOSES OF THIS CHAPTER, "RESPONSIBLE PARTY" DOES NOT INCLUDE A PERSON WHO IS EXCLUDED FROM LIABILITY UNDER THE SUPERFUND RECYCLING EQUITY ACT, 42 U.S.C. SECTION 9627.

S. 234 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 44-61-160(A) OF THE 1976 CODE, RELATING TO THE CONFIDENTIALITY OF THE DATA COLLECTED OR PREPARED BY EMERGENCY MEDICAL SERVICES, TO PROVIDE THAT THE IDENTITIES OF PATIENTS AND EMERGENCY MEDICAL TECHNICIANS MENTIONED, REFERENCED, OR OTHERWISE APPEARING IN INFORMATION AND DATA COLLECTED OR PREPARED BY EMERGENCY MEDICAL SERVICES ARE SUBJECT TO SUBPOENA IN ANY ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDING.

S. 338 (Word version) -- Senators Hembree, Courson, J. Matthews, Setzler and Fanning: A JOINT RESOLUTION TO PROVIDE THAT THE OPENING DATE FOR STUDENTS TO ATTEND PUBLIC SCHOOLS DURING THE 2017-2018 SCHOOL YEAR MAY BE AS EARLY AS THURSDAY, AUGUST SEVENTEENTH, IN THE DISCRETION OF THE SCHOOL DISTRICT BOARD OF TRUSTEES.

S. 371 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO EXAMINATIONS; APPRENTICESHIP; AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4723, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 372 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4722, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 374 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE EVALUATION OF SCHOOL EMPLOYEES FOR TUBERCULOSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4704, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 376 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 378 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PHARMACY, RELATING TO MINIMUM SPECIFICATIONS AND PRACTICE STANDARDS GOVERNING PHARMACIES AND PHARMACISTS ENGAGED IN NONSTERILE AND STERILE COMPOUNDING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 365 (Word version) -- Senators Rankin, Hembree, Goldfinch and Sabb: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 141, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE "COASTAL CAROLINA UNIVERSITY 2016 COLLEGE WORLD SERIES CHAMPIONS" SPECIAL LICENSE PLATES.

READ THE SECOND TIME

S. 90 (Word version) -- Senators Campsen, Johnson, Hembree and Davis: A BILL TO AMEND SECTION 22-2-5(A) OF THE 1976 CODE, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND TWO YEARS AFTER THE TIME THE APPOINTMENT IS TO BE MADE.

The Senate proceeded to a consideration of the Bill.

Senator CAMPSEN explained the Bill.

The question being the second reading of the Bill.

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

Ayes 42; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Climer
Corbin                    Courson                   Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, John            Matthews, Margie
McElveen                  McLeod                    Nicholson
Peeler                    Rankin                    Reese
Rice                      Sabb                      Scott
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Turner
Verdin                    Williams                  Young

Total--42

NAYS

Total--0

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

READ THE SECOND TIME

S. 375 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DRYCLEANING FACILITY RESTORATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4705, 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 DAVIS explained the Resolution.

The question then was second reading of the Resolution.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Climer
Corbin                    Courson                   Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, John            Matthews, Margie
McElveen                  McLeod                    Peeler
Rankin                    Reese                     Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Talley
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

CARRIED OVER

S. 168 (Word version) -- Senator Shealy: A BILL TO AMEND SECTIONS 16-15-90 AND 16-15-100 OF THE 1976 CODE, RELATING TO PROSTITUTION, TO INCREASE THE PENALTIES FOR SOLICITATION OF PROSTITUTION, ESTABLISHING OR KEEPING A BROTHEL OR HOUSE OF PROSTITUTION, OR CAUSING OR INDUCING ANOTHER TO PARTICIPATE IN PROSTITUTION; TO ESTABLISH THE AFFIRMATIVE DEFENSE OF BEING A VICTIM OF HUMAN TRAFFICKING; AND TO INCREASE THE PENALTIES FOR SOLICITING, CAUSING, OR INDUCING ANOTHER FOR OR INTO PROSTITUTION WHEN THE PROSTITUTE HAS A MENTAL DISABILITY.

The Senate proceeded to a consideration of the Bill.

The Committee on Judiciary proposed the following amendment (JUD0168.001):

Amend the bill, as and if amended, page 2, by striking lines 25-28 and inserting:

/     (C)   It is an affirmative defense to a prosecution for a violation of this section subject to the requirements of Section 16-3-2020(J), that, during the commission of the offense, the defendant was a victim of trafficking in persons as defined by Section 16-3-2010(10)."     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the committee amendment.

Point of Order

Senator MALLOY raised a Point of Order that the fiscal impact statement was not present on the desk.

The PRESIDENT sustained the Point of Order.

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

S. 245 (Word version) -- Senators Hutto and Hembree: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG OFFENSES, SO AS TO CONFORM THE LANGUAGE OF TRAFFICKING IN ILLEGAL DRUGS PROVISIONS, INCLUDING OPIATES AND HEROIN, TO THE LANGUAGE OF THE PROVISIONS CONCERNING POSSESSION AND DISTRIBUTION OF CERTAIN ILLEGAL DRUGS WHICH WOULD INCLUDE SYNTHETIC OPIATES, AMONG OTHER DRUGS.

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

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

MADE SPECIAL ORDER

S. 107 (Word version) -- Senators Campsen, Hutto, Massey and Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125, SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION, IF THE LIEUTENANT GOVERNOR RESIGNS OR IS REMOVED FROM OFFICE, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR FOR THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12, SO AS TO ESTABLISH THE PROCEDURE BY WHICH A PERSON NOMINATED AS GOVERNOR SELECTS A LIEUTENANT GOVERNOR AS A JOINT TICKET RUNNING MATE; BY ADDING SECTION 7-13-315, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO ENSURE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR ARE ELECTED JOINTLY; BY ADDING SECTION 8-13-1301, SO AS TO PROVIDE THAT JOINTLY ELECTED CANDIDATES MUST BE CONSIDERED A SINGLE CANDIDATE FOR CONTRIBUTIONS AND ESTABLISHING A COMMITTEE; TO AMEND SECTION 8-13-1314, RELATING TO CONTRIBUTION LIMITATIONS, SO AS TO PROVIDE THAT WITHIN AN ELECTION CYCLE, CONTRIBUTIONS FOR STATEWIDE CANDIDATES ARE INCREASED FROM THREE TO FIVE THOUSAND DOLLARS, CONTRIBUTIONS FOR JOINTLY ELECTED CANDIDATES ARE FIVE THOUSAND DOLLARS, AND CONTRIBUTIONS FOR CANDIDATES FOR OTHER OFFICES ARE INCREASED FROM ONE TO TWO THOUSAND DOLLARS AND THAT FUTURE LIMITATIONS ON CONTRIBUTIONS MUST BE INCREASED BY THE STATE ETHICS COMMISSION DEPENDENT UPON THE CONSUMER PRICE INDEX; TO AMEND SECTION 7-11-15(A), RELATING TO FILING AS A CANDIDATE FOR THE GENERAL ELECTION, SO AS TO PROVIDE IF MARCH 30, THE DEADLINE FOR FILING, IS ON A SATURDAY OR SUNDAY, THE TIME FOR FILING EXTENDS TO THE NEXT BUSINESS DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; TO AMEND SECTION 7-13-45, RELATING TO ESTABLISHING HOURS FOR ACCEPTING CANDIDATE FILINGS, SO AS TO DELETE SPECIFIC REFERENCES TO THE NUMBER OF HOURS AND PROVIDE THAT FILINGS BE ACCEPTED DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS; TO AMEND SECTIONS 1-3-120, 1-3-130, 1-6-30(9), 1-9-30, 1-11-10(D), 1-11-425, 1-18-70, 1-23-280 (B) AND (E), 1-23-290(D), 2-1-230(C), 2-1-250(B), 2-2-30(B)(1), 2-2-40(B), 2-3-20, 2-3-75(B)(3), 2-3-105(A)(4), 2-15-60(b), 2-17-90(A)(1), 2-17-90(A)(6)(c), 2-17-100(3), 2-19-10(B)(2), 2-41-70, 2-67-20(E)(1)(a), 2-69-20, 2-69-40, 2-75-10, 3-11-400(C)(3)(b)(iii), 5-1-26(B)(4), 5-1-26(F), 6-4-35(A)(2), 6-29-1330(D)(3), 6-29-1330(G), 8-13-540(3)(d), 8-13-715, 8-13-1373, 9-4-10(B)(1)(b), 9-4-40, 9-16-90, 9-16-380, 10-1-168(I), 11-9-890B.(2), 11-11-350, 11-43-140, 11-45-40(B)(1), 11-50-50, 11-57-340, 12-3-10(A)(1), 13-1-25(B), 23-1-230(G), 24-22-150, 37-29-110, 38-3-110(5)(c), 38-75-490(D), 40-47-10(A)(4), 44-128-50(B)(2), 46-3-260(A), 48-52-440(D)(2), 48-59-40(A)(4), 51-13-720, 51-13-2120(3), 51-18-115, 54-6-10(B)(3), 59-6-10, 59-40-230(A), 59-46-40(A)(4), 59-150-40(A), 59-150-40(C), 59-150-40(D), 59-150-320, 59-150-325(A), 60-11-150(B), 60-17-10, 63-1-50(A), 63-1-50(B), 63-11-1720(B), 63-11-1720(C), 63-11-1930(A)(11), 63-11-2110(B)(4), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE PRESIDENT OF THE SENATE PRO TEMPORE, SO AS TO REVISE STATUTORY REFERENCES FROM THE PRESIDENT OF THE SENATE PRO TEMPORE TO THE PRESIDENT OF THE SENATE AND TO MAKE ADDITIONAL CLARIFYING CHANGES; TO AMEND SECTIONS 1-3-620, 1-11-720(A)(9), 1-23-125(B), 1-23-125(D), 2-3-30, 2-3-90, 7-11-30(A), 7-17-10, 9-1-10(11)(g), 9-1-10(14), 10-1-40, 14-27-20(10), 14-27-30, 14-27-40(2), 14-27-80, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130(A)(1), 43-21-190(2), 44-36-310, 44-36-320(7), 44-36-330, 44-56-840(A), 54-7-100, 59-6-15(A)(3), RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR, SO AS TO REVISE STATUTORY REFERENCES TO CONFORM TO CONSTITUTIONAL AND STATUTORY CHANGES CONCERNING SELECTION AS PART OF A JOINT TICKET AND TO MAKE THE GOVERNOR RESPONSIBLE FOR THE EXISTING DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR SO THE GOVERNOR MAY DETERMINE HOW THOSE DUTIES AND RESPONSIBILITIES MAY BE ACCOMPLISHED; AND TO REQUIRE, ON OR BEFORE JANUARY 1, 2019, THE CODE COMMISSIONER TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL APPROPRIATE AND CONFORMING CHANGES TO THE 1976 CODE OF LAWS REFLECTING THE PROVISIONS OF THIS ACT.

Senator MASSEY moved that the Bill be set for Special Order.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Climer
Corbin                    Courson                   Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, Margie          McElveen
McLeod                    Nicholson                 Peeler
Rankin                    Reese                     Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Talley
Turner                    Verdin                    Williams
Young

Total--40
NAYS

Total--0

The Bill was made a Special Order.

MOTION ADOPTED

At 3:24 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Initial Appointment, York County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Chisa J. Putman, 832 Rains Meadow, Rock Hill, SC 29732 VICE Madrile H. Young

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Kenneth A. Campbell, Jr., 652 Otis Road, Walterboro, SC 29488

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Keisha D. Gadsden, Post Office Box 334, Jacksonboro, SC 29452
Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Elbert O. Duffie III, 1075 Dallas Lane, Walterboro, SC 29488

Initial Appointment, Lancaster County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Curtisha L. Mingo, 3008 China Berry Drive, Lancaster, SC 29720 VICE Jacqueline Pope

Reappointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Sophia T. Henderson, 1145 Oakman Branch Road, Walterboro, SC 29488

Initial Appointment, Colleton County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Harriet A. Bonds, 103 Silverhill Road, Walterboro, SC 29488

Motion Adopted

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

MOTION ADOPTED

On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Loyd A. Young of Sumter, S.C. Loyd served in the United States Air Force. He retired as a longtime employee of Farmers Telephone Coop, Sumter Rebel Speedway and Roofco Inc. Loyd was a member of Sumter Elks Lodge 855 and the American Legion Post 15. He enjoyed baseball , working in the family garden and fishing. He was a longtime supporter of the Sumter County Democratic Party. Loyd was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 3:25 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 1200 P.M.

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