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


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Tuesday, February 28, 2017
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:40 A.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:

Colossians 3:13

"Bear with each other and forgive one another if any of you has a grievance against someone. Forgive as the Lord forgives you."

Let us pray. Gracious God, You have promised Your mercy and Your forgiveness to us and You have instructed us to be forgiving people. It is a very heavy burden to carry when we refuse to forgive those who may have wronged us. Help us to remember that forgiveness brings healing to ones own spirit and brings us closer to You O God. Life is too short to live with resentment and broken relationships. Help us to remove the shackles that bind us to this bitterness. Open our hearts to forgiveness of others and even forgiving ourselves when we make mistakes. May our lives be a reflection of the grace that You extend to us.

In Your holy name we pray, Amen.

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

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to recede at 11:50 A.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.

Committee to Escort

The PRESIDENT appointed Senators PEELER, ALEXANDER, MARTIN, SHEHEEN and ALLEN and the Speaker appointed Representatives Crosby, Clary, White, Anthony, Govan and Ott to escort Clemson Head Coach Dabo Swinney and members of their party to the House Chamber for the Joint Assembly.


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RECESS

At 11:50 A.M., on motion of Senator LEATHERMAN, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Coach Dabo Swinney Address

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

Coach Dabo Swinney was escorted to the rostrum by Senators PEELER, ALEXANDER, MARTIN, SHEHEEN and ALLEN and Representatives Crosby, Clary, White, Anthony, Govan and Ott.

The PRESIDENT of the Senate introduced Coach Dabo Swinney of Clemson University.

Coach Swinney addressed the Joint Assembly as follows:

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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Address by Coach Dabo Swinney
Head Football Coach, Clemson University
2016 College Football National Champions

Before I say a few words, I want to first thank my players that came along, because they're the reason I'm here -- Milan Richard, stand up, Richard Yeargen, and some guy named Hunter Renfrow.

Alright, I bet you thought you would never introduce a Dabo. There's a first time for everything. It is truly an honor to be here and I just want to thank you, Mr. Speaker and Mr. PRESIDENT. I appreciate the opportunity to be here and I want to thank the General Assembly and, also, all my fellow South Carolinians. To be here today and to have this opportunity to address you all, I'm very aware of what a unique privilege it is -- that very few people get the opportunity to have this moment in this time. I greatly appreciate it, the recognition and most of all the opportunity to present Clemson University and our Tiger Football Team. Thank you for having us.

I was trying to figure out what I was going to say, and they gave me eight to ten minutes, and I can hardly say my name in eight to ten minutes. This was a truly special year and the credit goes to the players. This is about the players and we had a young man that we brought in, we had a very focused team from day one and we had a team that had -- I've always felt the best leadership comes from within and that's what we had on this team last year. We've had a lot of recognition. I've traveled all over, probably 15 plus states over the last few weeks, and it's been awesome because I've met a lot of neat people that aren't Clemson fans, but they are happy for our team and to be able to share that joy. You know, also with our Clemson fans, there's just been a lot of joy and a lot of celebration of this team. We had almost 70,000 people show up for a parade. My message is that I'm so happy for this team, but we won the National Championship starting in '09. And when we started this program in '09, the goal was to build a great program. Not just a great team. That was the goal and the vision from day one. We have not grown weary trying to do what we felt like was best for our program and most importantly what was best for our players. We built this program from day one with a few things in mind. First, and foremost, to graduate our players. I am the first college graduate in my family.

When I got the job, I want to be judged by how we impact the young men the Lord has put in my charge. We're going to graduate our players, we're going to equip them with the tools they need in life to be successful, discipline, work ethic, how to be a great teammate, how to get along with


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somebody you maybe don't like, all to win and lose. Tools for life. We also wanted a program for young men to come to Clemson and have a great college experience. College is a great time in your life and it's a time where you kind of figure it out. And, as they figure it out, whatever it is, I want them to have a great experience. I want them to have fun, to be great ambassadors for our University, for our program and State. The last thing we focus on is that we want to win a championship. That's the order we have gone about our business over the last eight years. As I stand before you today, as a National Champion, I can just tell you.

That it all started with the vision of the program and then the philosophy of our program as these players will attest to. Our philosophy is to love, care and serve our players. That's the philosophy of our program. By doing that we're going to build championship men that will go on and love and serve and care for their community, for their families, their lives, their jobs, whatever it may be to instill that in our young men. I'm very proud of the national championship and we always say the fun is in the winning. What I try to teach these guys is yes, the fun is in the winning, but how you win matters most. I would rather lose trying to do it right than to win knowing that you didn't. And, so, I think that's a message that they can take with them for the rest of their lives as they go and live their lives. Do what is right. That, you know, wrong is wrong even if everybody else is doing it and right is right even if nobody is doing it. That's how we've gone about our business and I can just tell you, so, how do you measure that. You can see a National Championship and that's easy to measure and that sometimes gets all the shine, if you will, but there is no shine without the grime. Our guys know how to grime and the proof is in the pudding. We are the only school in the nation, the only school in the nation, 128 division one program that has been in the top fifteen in football, but also top fifteen academically, five years in a row.

So, the vision of our program, the first one is to graduate our players. Right now, I've had 150 seniors and 144 graduates and this May it's going to go to 157 and 151. Those six that haven't graduated yet, that's my score card, alright? But how we graduate our players is always going to be how I measure our program. To put that into perspective for you, we had 103 football players declare early for the NFL draft this year. So, when this season was over at their respective universities, they said, you know what, I'm going to go to the NFL. So, they declared for the Draft. They left their schools and the program. Only eight of the 103 early


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draftees have a college education. Only eight. But I'll have you know four of the eight are from Clemson. Four.

When I tell you that we have built a program by staying focused on our vision and keeping the vision out front all the time and never losing that vision. You know, most people quit a marathon in mile 19. Nobody quits in mile 23, 24, 25. They quit at mile 19 because they lose their vision. What we have done is we have kept the vision in front the whole way no matter what. Just this year 48 guys made a 3.0 or better, which is a school record for us in the midst of a National Championship run. That's culture, that's focus. That's keeping the main thing. Yes, we want to win, but it's how you win. It's how you impact your lives. When I speak to coaches, I tell them you can win, win, win, win, but if you are not impacting young people's lives by how you win, you lose. That is the philosophy of our program. You know what, I'm here today as a football coach and I'm happy to be here. I'm happy for what I do. And you know what? Football matters. It matters. I tell people all the time when I go speak, football matters. It truly matters. It's one of the last great positive influences on young people's lives. They don't get it in their music, their social media. They don't get it in a lot of other areas, but in the game of football -- still hard work. You got to prepare every day. You got to have discipline, toughness, you got to put your armor on every day and play the next play no matter what. It's a game of positive influence. There's great men pouring into -- yes, there's bad in everything. There's bad people that coach. There's bad people that govern. There's bad people that preach. There's bad in everything, but I'm just here to tell you there's more good.

I have seen lives change through the game of football. And, so, football matters in a big way. I just thank you all so much for the investment that you make in our university, not just Clemson, but all the universities. I thank you for the investment you make in our program because you are providing opportunities for young people to get an education that they would have never gotten it. They would have never gotten their education if not for this vehicle of football. The last thing I'll leave you with is football unifies. In a world that's very divided, nothing brings people together like football. Everybody loves some chips and dip. Everybody loves to come together. Football brings race, religion, backgrounds, neighborhoods, bank accounts, it just breaks all that stuff down and brings people together and makes them brothers. It brings the Hunter Renfrows and Milan Richards and they become people in each other's weddings and godfathers to their kids and pallbearers at


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their funerals. When you put that helmet on, you don't care what religion, democrat, republican, you get your job done. That's what football does and I see it, 85,000 people show up at Death Valley, Monday through Friday. A lot of them probably wouldn't speak to each other because of the barriers of society, but you let the Tigers score, they are hugging necks, jumping on top of each other. You want to stop by my tailgate, come on by. It doesn't matter, and that's the beauty of football. So, today I'm here because football unifies and I'm standing here in a rare occasion where we have senators, representatives, democrats, republicans, gamecocks, tigers, bulldogs and whatever else, but we are all here together as South Carolinians. We all have this common bond, which is the love of this State and to want to see this State be the best that it can be.

As I told our team, the last thing I told our team before we started last season was -- because we obviously came up a little short -- and I said guys, y'all want to -- I showed them a tape and it was a painful tape, who wants another shot at this. They all raised their hand and I said let me tell you what it's going to take. It's going to take just a little extra, a little extra commitment, a little extra preparation, a little extra work in that weight room, and attention to detail, a little extra sleep, a better diet and a little extra better decision making. That's what it's going to take. If that's what you want, I will put my coach hat on and coach you all a little bit today. That's what I would say and challenge you all with the incredible task that you have been elected to perform. I would ask you to raise your hand if you love the State of South Carolina. Raise your hand. Look around the room. Raise your hand. Now, do this for me, raise it as high as you can raise it. Did you all see that? You can put them down now. That's what it takes for us to have the best State, it takes everybody. It takes that little extra. It's that little extra that it's going to take for every single one of you to be the best representative, to be the best senator, and to represent the people who elected you to do your job. That little extra to get along with that person that you don't really get along with, but you've got to find common ground for the better of this State. It takes a little extra and that's what we talk about all year. If you watched our team play, that last drive, Jordan Legget's fingers grew six inches longer, Mike Williams hung five more seconds in the air. They are all from different backgrounds, but they came together for a common goal and that's what the game of football does. The last play of the game, that number 4 throwing to number 13, is what it's all about. Philippians


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4:13: "For I can do all things through Christ who strengthens me." All things.

As I stand here before you today as the first graduate in my family and I'm standing here, are you kidding me, and the reason I'm here is because of my Lord and Savior, and I can do all things. The last thing I did with our players before we took the field is I pulled out a two dollar bill. I said this is how the Clemson fans travel and this is how they leave their mark. This is how they leave their mark wherever they go. They want to leave their mark. You know how you leave your mark, by how you play the game. What I will tell you, you know how you leave your mark, none of you all are guaranteed to be re-elected. You leave your mark by how you love, serve and care for your community and for each other. So, how are you going to leave your mark is by how you govern and lead this State. I am so thankful I'm not in politics because I know how hard a job you've got. Thank you for being willing to stand up and take that charge. God bless you and go Tigers.

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.

The Senate resumed at 2:00 P.M.

Point of Quorum

At 2:01 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                   Campsen
Climer                    Courson                   Cromer
Davis                     Gambrell                  Goldfinch
Grooms                    Hembree                   Hutto
Leatherman                Malloy                    Martin
McLeod                    Nicholson                 Peeler
Rice                      Sabb                      Scott
Senn                      Shealy                    Sheheen


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Talley                    Timmons                   Turner
Verdin                    Williams                  Young

A quorum being present, the Senate resumed.

Doctor of the Day

Senators SETZLER and COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

Leave of Absence

At 2:04 P.M., Senator MALLOY requested a leave of absence for Senator M.B. MATTHEWS for the day.

Leave of Absence

At 2:04 P.M., Senator CROMER requested a leave of absence for Senator CAMPSEN until 2:15 P.M.

Expression of Personal Interest

Senator LEATHERMAN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator HUTTO rose for an Expression of Personal Interest.

Remarks by Senator HUTTO

Over the weekend, I had the opportunity to review some of the actions of the House from last week and in particular, I want to make sure that you know what happened last week with the Ways and Means Higher Education Budget.

Our State has 33 public universities and technical colleges. The appropriations from the General Assembly to higher education have been in a free fall. Our budget lines for recurring college general fund operating appropriations have continually diminished over the last decade. Higher education funding is more than $380 million BELOW 2007 pre-recession levels. This General Assembly's failure to properly fund higher education in this State has led to higher tuition and decreased accessibility to middle income families.

Because of these declining appropriations, our colleges and universities have had to make adjustments. As a result, South Carolina has the 5th highest two-year college tuition rates and the highest four-year tuition rates in the Southeast.


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From 2006 to 2014, tuition and fees at the state's public four-year institutions have increased 62%. That's nearly 3 times the rate of inflation -- which was 22% during this period. Meanwhile, family income in the State has fallen 8%.

Reduced state funding means tuition has had to increase to make up the difference. This increase in tuition has priced a college education out of reach for some South Carolina families -- specifically those families that need our help the most.

This year for the first time in a while I am hearing about the possibility of a higher education bond bill. A bond bill is long overdue and much needed, but that does not address the fundamental failure to properly fund higher education. So I want to make sure that we all understand -- the bond bill that's been discussed will not lower tuition -- a bond bill will address college campuses' maintenance needs as well as outdated or inadequate buildings -- not the cost of educating children.

News reports have said that there will be possible strings attached to a House bond bill making it so that bond money will be given only to colleges that pledge to NOT raise tuition. We cannot be the cause for the universities raising tuition and then turn around and attempt to micro-manage colleges and bully them into not raising tuition.

In honor of Clemson day, I'll add a perspective for all of you Clemson fans out there, when the Tigers won their first National Football Championship back in 1981 the State sent Clemson $5,581 per pupil. Today, adjusted for inflation and enrollment growth, that figure is just $2,500.

Despite almost $600 million available in new state funds, Ways and Means continued this path in their budget -- no new operating funds for technical colleges -- no new operating funds for four-year colleges.

We should be increasing college accessibility and affordability by considering funding a technical college education for all of our residents --- not taking away our children's future.

This is an issue that I know that you members of the Finance Committee will tackle in the coming weeks, but on a day when we say that we honor higher education, let's focus on doing what is right and let's fund higher education in this State. It is an investment in our future. Students with a four-year degree can expect to earn twice as much over a lifetime than those in the workforce with a high school education. Funding higher education means higher paying jobs, economic growth and a better South Carolina for us all. Thank you.


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

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 200 (Word version)     Sen. Alexander
S. 301 (Word version)     Sen. Young
S. 404 (Word version)     Sen. Reese

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 473 (Word version) -- Senator Kimpson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR WALLINGFORD PRESBYTERIAN CHURCH FOR ITS DEEP HERITAGE IN CHARLESTON AND TO COMMEND THE LEADERSHIP AND CONGREGATION FOR THEIR YEARS OF SERVICE TO THE COMMUNITY.
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The Senate Resolution was adopted.

S. 474 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE WEST-OAK HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A STELLAR SEASON AND TO HONOR THEM FOR WINNING THE 2017 CLASS 3A STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

S. 475 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO DECLARE WEDNESDAY, MARCH 1, 2017, AS "SOUTH CAROLINA RECYCLERS' DAY" AND TO COMMEND AND RECOGNIZE SOUTH CAROLINA'S RECYCLERS FOR THEIR CONTRIBUTIONS TO OUR STATE'S ECONOMY, THEIR EFFORTS TO PROMOTE ENERGY EFFICIENCY, AND THEIR LEADERSHIP IN PROVIDING SUSTAINABLE MATERIAL-MANAGEMENT OPTIONS.
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The Senate Resolution was adopted.


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S. 476 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY FOOTBALL TEAMS' DEFENSIVE COORDINATOR BRENT VENABLES, ON BEING SELECTED TO RECEIVE THE FRANK BROYLES AWARD.
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The Senate Resolution was adopted.

S. 477 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO HONOR CLEMSON UNIVERSITY FOOTBALL TEAMS' ASSOCIATE HEAD COACH AND DEFENSIVE TACKLES COACH, DAN BROOKS, ON THE OCCASION OF HIS RETIREMENT AND TO CONGRATULATE HIM ON BEING NAMED 2016 ASSISTANT COACH OF THE YEAR FOR THE FOOTBALL BOWL SUBDIVISION BY THE AMERICAN FOOTBALL COACHES ASSOCIATION.
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The Senate Resolution was adopted.

S. 478 (Word version) -- Senators Hutto, Jackson and Shealy: A BILL TO AMEND SECTIONS 56-5-6410 AND 56-5-6420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN CHILDREN MUST BE SECURED IN A CHILD PASSENGER RESTRAINT SYSTEM WHILE TRAVELING IN A MOTOR VEHICLE, AND THE TRANSPORTATION OF CHILDREN IN A VEHICLE WITH AN INSUFFICIENT NUMBER OF CHILD RESTRAINT DEVICES, SO AS TO REVISE THE AGE, WEIGHT, AND POSITION OF A CHILD WHO MUST BE SECURED IN A CHILD PASSENGER RESTRAINT SYSTEM.
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Senator HUTTO spoke on the Bill.

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

S. 479 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-1-2080 OF THE 1976 CODE, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER'S LICENSE, TO ESTABLISH THE INTRASTATE VISION WAIVER PROGRAM, TO PROVIDE THAT CERTAIN VISUALLY IMPAIRED INDIVIDUALS MAY OBTAIN A WAIVER FROM THE SIGHT REQUIREMENTS ASSOCIATED


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WITH A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE FOR THE ELIGIBILITY REQUIREMENTS FOR THE WAIVER, THE CIRCUMSTANCES UNDER WHICH A WAIVER MAY BE GRANTED, AND THE PROCEDURES FOR OBTAINING A WAIVER.
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Read the first time and referred to the Committee on Transportation.

S. 480 (Word version) -- Senators Hutto and M. B. Matthews: A BILL TO AMEND SECTION 59-53-630 OF THE 1976 CODE, RELATING TO THE POWERS AND FUNDING FOR DENMARK TECHNICAL COLLEGE, TO PROVIDE THAT THE GOVERNING BODY FOR DENMARK TECHNICAL COLLEGE IS THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO COMMISSION A STUDY INTO THE MOST EFFECTIVE, EFFICIENT DELIVERY OF TECHNICAL COLLEGE EDUCATION OPPORTUNITIES IN CERTAIN COUNTIES; AND TO REPEAL SECTIONS 59-53-610, 59-53-620, AND 59-53-640.
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Read the first time and referred to the Committee on Education.

S. 481 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE CERTAIN DATA FROM LAW ENFORCEMENT VEHICLE MOUNTED VIDEO AND AUDIO RECORDINGS IN THE LIST OF SPECIFIC CATEGORIES OF PUBLIC INFORMATION, AND TO PROVIDE THAT LAW ENFORCEMENT MAY APPLY TO OBTAIN A COURT ORDER PREVENTING DISCLOSURE OF THIS INFORMATION IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO PUBLIC RECORDS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE PUBLIC BODIES ARE NOT REQUIRED TO DISCLOSE ANY AUDIO RECORDING OF THE FINAL STATEMENTS OF A DYING VICTIM IN A CALL TO 911 EMERGENCY SERVICES, TO PROVIDE ANY SUCH STATEMENTS MUST BE REDACTED PRIOR TO RELEASE UNLESS THE PRIVACY INTEREST IS WAIVED BY THE


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VICTIM'S NEXT OF KIN, AND TO REVISE EXEMPTIONS FOR CERTAIN LAW ENFORCEMENT AND PUBLIC SAFETY AGENCY RECORDS ALSO TO EXEMPT RECORDS, VIDEO, OR AUDIO RECORDINGS, OR OTHER INFORMATION COMPILED FOR LAW ENFORCEMENT PURPOSES EXCEPT IN CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 482 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 4-10-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL PROJECTS SALES TAX, SO AS TO PROVIDE THAT IF THE PROCEEDS OF THE TAX ARE ONLY FOR ONE PROJECT, THEN THE LOCAL GOVERNING BODY MAY PERFORM THE DUTIES OF ANOTHER COMMISSION, AND TO PROVIDE QUALIFICATIONS.
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Read the first time and referred to the Committee on Finance.

S. 483 (Word version) -- Senators Williams, Malloy, Setzler, Sheheen, Hembree and Rankin: A JOINT RESOLUTION TO DIRECT THE TREASURER TO DISBURSE CERTAIN FUNDS TO THE TOWN OF NICHOLS FOR RECOVERY EXPENSES ASSOCIATED WITH THE AFTERMATH OF HURRICANE MATTHEW.
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Read the first time and referred to the Committee on Finance.

S. 484 (Word version) -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO CIGARETTE TAXES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4702, 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. 485 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA NATIONAL


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GUARD COLLEGE ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4730, 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. 486 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO FREE TUITION FOR RESIDENTS SIXTY YEARS OF AGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4728, 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. 487 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE JUNCTION OF INTERSTATE HIGHWAYS 126 AND 26 IN RICHLAND COUNTY "MILTON KIMPSON INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THIS DESIGNATION.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 488 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-2320(A) OF THE 1976 CODE, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND DEMONSTRATION PLATES, TO PROVIDE THAT A DEALER LICENSE PLATE MAY BE USED BY A PERSON WHOSE VEHICLE IS BEING SERVICED OR REPAIRED BY THE DEALERSHIP, PROVIDED THE VEHICLE DISPLAYING THE LICENSE PLATE IS GIVEN TO THE PERSON BY THE DEALER AT NO CHARGE TO THE CONSUMER AND ONLY FOR THE DURATION OF THE SERVICE OR REPAIR, AND TO PROVIDE THAT A DEALER MAY BE ISSUED TWO PLATES FOR THE FIRST TWENTY VEHICLES SOLD DURING THE


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PRECEDING YEAR AND TWO ADDITIONAL PLATES FOR EACH FIFTEEN VEHICLES SOLD BEYOND THE INITIAL TWENTY DURING THE PRECEDING YEAR.
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Read the first time and referred to the Committee on Transportation.

S. 489 (Word version) -- Senator Fanning: A SENATE RESOLUTION TO HONOR DR. ROBERT M. SCOTLAND OF SHILOH FIRST PRESBYTERIAN CHURCH IN WINNSBORO ON THE OCCASION OF HIS FIFTIETH ANNIVERSARY OF GOSPEL MINISTRY AND TO EXTEND HIM BEST WISHES FOR GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
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The Senate Resolution was adopted.

S. 490 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR GERALD W. "JERRY" STOUDEMIRE UPON THE OCCASION OF HIS RECENT RETIREMENT AS A FIREFIGHTER WITH THE LITTLE MOUNTAIN VOLUNTEER FIRE DEPARTMENT, TO THANK HIM FOR HIS FIFTY-TWO YEARS OF SELFLESS SERVICE, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\rm\1120vr17.docx

The Senate Resolution was adopted.

S. 491 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CELEBRATE THE CLEMSON UNIVERSITY FOOTBALL TEAM AND COACHES FOR CAPTURING THE 2016 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP TITLE AND TO SALUTE THEM FOR THEIR POSTSEASON RANKING AS NUMBER 1 IN THE NATION.
l:\council\bills\bbm\9601dg17.docx

The Senate Resolution was adopted.

H. 3420 (Word version) -- Reps. Herbkersman and Henderson: A JOINT RESOLUTION TO CREATE THE "SHINGLES VACCINATION STUDY COMMITTEE" TO STUDY WHETHER IT IS IN THE PUBLIC INTEREST FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A SHINGLES VACCINATION PROGRAM TO OFFER THE VACCINATION FOR


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SHINGLES (HERPES ZOSTER) TO CERTAIN PERSONS, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3621 (Word version) -- Rep. Gagnon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 187 AND SOUTH CAROLINA HIGHWAY 29 IN ANDERSON COUNTY "PAUL ROBINSON EARLE 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. 3719 (Word version) -- Reps. Burns, Hiott, Hixon, Chumley, Bannister and G. R. Smith: A BILL TO AMEND SECTION 48-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE FORESTER'S AUTHORITY TO DIRECT THAT CERTAIN FIRES NOT BE STARTED, SO AS TO PROVIDE THAT WHEN EXTREME CONDITIONS EXIST, THE STATE FORESTER MAY PROHIBIT ALL OPEN BURNING EXCEPT FIRES USED FOR NONRECREATIONAL PURPOSES; AND TO AMEND SECTION 48-35-60, RELATING TO PENALTIES ASSOCIATED WITH THE STARTING OF UNLAWFUL FIRES, SO AS TO REVISE THE PENALTIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

REPORT OF STANDING COMMITTEE

Senator CROMER from the Committee on Banking and Insurance submitted a favorable report on:

S. 366 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 37-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE LENDING DEFINITIONS, SO AS TO MAKE CERTAIN CHANGES AND DEFINE THE TERM "LOAN CORRESPONDENT"; TO AMEND SECTION 37-22-140,


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RELATING TO MORTGAGE LENDING LICENSE APPLICATIONS, SO AS TO REMOVE THE STATE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK REQUIREMENT, TO REQUIRE THREE HOURS OF PRELICENSING EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS, TO ALLOW THE LICENSURE OF A PERSONAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO ALLOW FOR THE GRANT OF TRANSITIONAL LICENSES PURSUANT TO THE SAFE ACT; TO AMEND SECTION 37-22-150, RELATING TO EXPIRATION AND RENEWAL OF LICENSES, SO AS TO REMOVE REFERENCES TO A STATE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK; TO AMEND SECTION 37-22-160, RELATING TO CONTINUING PROFESSIONAL EDUCATION, SO AS TO REQUIRE AT LEAST ONE HOUR OF ANNUAL CONTINUING PROFESSIONAL EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 37-22-190, RELATING TO PROHIBITED ACTIVITIES, SO AS TO REMOVE A REFERENCE TO THE SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; TO AMEND SECTION 37-22-210, RELATING TO THE COMMISSIONER'S RECORDS, SO AS TO UPDATE A REFERENCE; TO AMEND SECTION 37-22-240, RELATING TO CRIMINAL BACKGROUND CHECKS, SO AS TO REMOVE CERTAIN REQUIREMENTS AND TO AUTHORIZE THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY TO RETAIN FINGERPRINTS FOR CERTAIN PURPOSES; TO AMEND SECTION 37-22-270, RELATING TO PARTICIPATION IN THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY, SO AS TO DELETE REFERENCES TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 37-23-75, RELATING TO LOAN DISCLOSURES, SO AS TO REQUIRE A LOAN ESTIMATE TO BE MADE UNDER THE TILA-RESPA INTEGRATED DISCLOSURE RULE, TO AMEND SECTION 40-58-20, RELATING TO DEFINITIONS CONCERNING THE LICENSING OF MORTGAGE BROKERS ACT, SO AS TO MAKE CERTAIN CHANGES AND DEFINE THE TERM "LOAN CORRESPONDENT"; TO AMEND SECTION 40-58-50, AS AMENDED, RELATING TO MORTGAGE BROKER LICENSE APPLICATIONS, SO AS TO REMOVE THE STATE CRIMINAL


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BACKGROUND CHECK REQUIREMENT, TO AUTHORIZE THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY TO RETAIN FINGERPRINTS FOR CERTAIN PURPOSES, AND TO REQUIRE AT LEAST THREE HOURS OF PRELICENSING EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 40-58-60, RELATING TO THE ISSUING OF A MORTGAGE BROKERS LICENSE, SO AS TO AUTHORIZE THE GRANT OF TRANSITIONAL LICENSES; TO AMEND SECTION 40-58-65, RELATING TO THE MAINTENANCE OF RECORDS, SO AS TO REMOVE CERTAIN PHYSICAL PRESENCE REQUIREMENTS; TO AMEND SECTION 40-58-67, RELATING TO CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS, SO AS TO REQUIRE AT LEAST ONE HOUR OF ANNUAL CONTINUING PROFESSIONAL EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 40-58-110, RELATING TO LICENSE APPLICATIONS AND RENEWAL FEES, SO AS TO ALLOW FOR THE DEPARTMENT TO LICENSE A PERSONAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO AMEND SECTION 48-58-130, RELATING TO PARTICIPATION IN THE NATIONWIDE MORTGAGE LICENSING SYSTEM REGISTRY, SO AS TO DELETE REFERENCES TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.

Ordered for consideration tomorrow.

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

READ THE THIRD TIME
SENT TO THE HOUSE

The following Resolution was read the third time and ordered sent to the House of Representatives:

S. 453 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


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REMOVED FROM CONSENT CALENDAR

S. 160 (Word version) -- Senators Malloy and Campsen: A BILL TO AMEND TITLE 24 OF THE 1976 CODE, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, TO REESTABLISH THE SENTENCING REFORM OVERSIGHT COMMITTEE, AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, AND AUTHORITY.

Senator HEMBREE requested that the Bill be removed from the Consent Calendar.

READ THE SECOND TIME

S. 381 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-21-2870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIGARETTES FOUND NOT HAVING AFFIXED TO THE PACKAGE CERTAIN STAMPS, SO AS TO PROVIDE THAT CIGARETTES FOUND AT ANY POINT NOT HAVING AFFIXED TO THE PACKAGE CERTAIN STAMPS ARE CONSIDERED CONTRABAND.

The Senate proceeded to a consideration of the Bill.

The question being the second reading of the Bill.

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

Ayes 39; Nays 0; Present 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Climer                    Corbin
Courson                   Cromer                    Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Kimpson                   Leatherman
Malloy                    Martin                    Massey
Matthews, John            McLeod                    Nicholson
Peeler                    Rankin                    Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Sheheen


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Talley                    Timmons                   Turner
Verdin                    Williams                  Young

Total--39

NAYS

Total--0

PRESENT

McElveen

Total--1

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

READ THE SECOND TIME

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.

The Senate proceeded to a consideration of the Bill.

The question being the second reading of the Bill.

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

Ayes 39; Nays 0; Present 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Climer                    Corbin
Courson                   Cromer                    Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Kimpson                   Leatherman
Malloy                    Martin                    Massey
Matthews, John            McLeod                    Nicholson


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Peeler                    Rankin                    Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Sheheen
Talley                    Timmons                   Turner
Verdin                    Williams                  Young

Total--39

NAYS

Total--0

PRESENT

McElveen

Total--1

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

AMENDMENT PROPOSED, OBJECTION

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.

The Senate proceeded to a consideration of the Bill.

Senator MALLOY proposed the following amendment (JUD0245.004):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION __.   Section 44-53-190(B) of the 1976 Code is amended to read:

"(B)   Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically


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excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

1.     Acetylmethadol

2.     Allylprodine

3.     Alphacetylmethadol

4.     Alphameprodine

5.     Alphamethadol

6.     Benzethidine

7.     Betacetylmethadol

8.     Betameprodine

9.     Betamethadol

10.   Betaprodine

11.   Clonitazene

12.   Dextromoramide

13.   [Deleted]

14.   Diampromide

15.   Diethylthiambutene

16.   Dimenoxadol

17.   Dimepheptanol

18.   Dimethylthiambutene

19.   Dioxaphetyl butyrate

20.   Dipipanone

21.   Ethylmethylthiambutene

22.   Etonitazene

23.   Etoxeridine

24.   Furethidine

25.   Hydroxypethidine

26.   Ketobemidone

27.   Levomoramide

28.   Levophenacylmorphan

29.   Morpheridine

30.   Noracymethadol

31.   Norlevorphanol

32.   Normethadone

33.   Norpipanone

34.   Phenadoxone

35.   Phenampromide

36.   Phenomorphan

37.   Phenoperidine

38.   Piritramide


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39.   Proheptazine

40.   Properidine

41.   Racemoramide

42.   Trimeperidine

43.   Propiram

44.   Difenoxin

45.   Alfentanyl

46.   Tilidine

47.   Alphamethylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl-4-(N-pro-panilido) piperidine).

48.   Acetyl-alpha-methylfentanyl

49.   Alpha-methylthiofentanyl

50.   Beta-hydroxyfentanyl

51.   Beta-hydroxy-3-methylfentanyl

52.   3-Methylfentanyl

53.   1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP)

54.   3-Methylthiofentanyl

55.   Para-Fluorofentanyl

56.   1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP)

57.   Thiofentanyl.

58.   N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).

59.   AH-7921 (Systematic IUPAC Name: 3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide), including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers.

60.   Thiafentanil (4-(methoxycarbonyl)- 4-(Npherunethoxyacetamido)-1-[2-(thienyl)ethyl]piperidine), including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existences of such isomers, esters, ethers and salts is possible.

61.   3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: U-47700)--(9547), "PINK")

62.   N-(l­ phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl fentanyl)."     /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION __.   Section 44-53-190(D) of the 1976 Code is amended to read:


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"(D)   Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

1.     3,4-methylenedioxy amphetamine

2.     5-methoxy-3,4-methylenedioxy amphetamine

3.     3,4-methylenedioxymethamphetamine (MDMA)

4.     3,4,5-trimethoxy amphetamine

5.     Bufotenine

6.     Diethyltryptamine (DET)

7.     Dimethyltryptamine (DMT)

8.     4-methyl-2,5-dimethoxyamphetamine (STP)

9.     Ibogaine

10.   Lysergic acid diethylamide (LSD)

11.   Marijuana

12.   Mescaline

13.   Peyote

14.   N-ethyl-3-piperidyl benzilate

15.   N-methyl-3-piperidyl benzilate

16.   Psilocybin

17.   Psilocyn

18.   Tetrahydrocannabinol (THC)

19.   2,5-dimethoxyamphetamine

20.   4-bromo-2,5-dimethoxyamphetamine

21.   4-Methoxyamphetamine

22.   Thiophene analog of phencyclidine

23.   Parahexyl

24.   Synthetic cannabinoids.--Any material, compound, mixture, or preparation that is not listed as a controlled substance in Schedule I through V, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation:

a.   Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or


Printed Page 1167 . . . . . Tuesday, February 28, 2017

2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Including, but not limited to, JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-2201, WIN 55-212, AM-2201 (C1 analog), AM-1220.

b.   Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

c.   Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Including, but not limited to, JWH-307, JWH-370, JWH-176.

d.   Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

e.   Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to, SR-18, RCS-8, JWH-203, JWH-250, JWH-251.

f.   Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the


Printed Page 1168 . . . . . Tuesday, February 28, 2017

cyclohexyl ring to any extent. Including, but not limited to, CP 47,497 (and homologues), cannabicyclohexanol, CP-55, 940.

g.   Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to, AM-694, Pravadoline (WIN 48,098), RCS-4, AM-630, AM-1241, AM-2233.

h.   2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-de]-1, 4-benzoxazin-6-yl]-1-napthalenylmethanone (WIN 55,212-2).

i.   9-(hydroxymethyl)-6,6-dimethy l-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol 7370 (HU-210, HU-211).

j.   Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by a alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring system to any extent.

k.   4-[4-(1,1-dimethylheptyl)-2,6-dimethoxyphenyl]-6,6-dimethyl-bicyclo[3.1.1] hept-2-ene-2-methanol (HU-308),

l.   (6aR,9R,10aR)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,8,9,10,10a-hexahydrobenzo [c]chromene-1,9-diol (HU-243, Canbisol).

m.   3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione (HU-331).

n.   Indazole-3-carboxamides. Any compound containing an Indazole-3-carboxamide structure with substitution at the nitrogen atom of the indazole ring by alkyl, haloalkyl, halobenzyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (1-(N-methyl-2-piperidinyl)methyl, (tetrahydro-2H-pyran-4- yl)methyl or (morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent. Including, but not limited, to AKB-48, AB-FUBINACA, AB-PINACA, ADB-FUBINACA, ADB-PINACA.

o.   Indole -3-carboxamides. Any compound containing an Indole-3-carboxamide structure with substitution at the nitrogen atom of the


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indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (1-(N-methyl-2-piperidinyl)methyl, (tetrahydro-2H-pyran-4-yl)methyl or (morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent. Including, but not limited, to STS-135.

p.   Indole - 3-ylcycloalkyl ketones. Any compound containing an Indole-3-ylcycloalkyl ketone structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (1-(N-methyl-2-piperidinyl)methyl, (tetrahydro-2H-pyran-4-yl)methyl or (morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent or whether or not substituted at the cycloalkyl ring to any extent. Including, but not limited to, XLR-11, UR-144, A-834735, A-796260, AB-005.

q.   1-napthalenyl[4-(pentylox)-1-napthalenyl]-methanone (CB-13, CRA-13).

r.   N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)-undecanamide (CB-25).

s.   N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-undecanamide (CB-52).

t.   N-cyclopropyl-8-[3-(1,1-dimethylheptyl)-5-hydroxyphenoxy]-octanamide (CB-86).

u.   Quinolinyl-Indole Carboxylates. Any compound containing a quinolinyl-indole-3-carboxylate structure with substitution of the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (1-(N-methyl-2-piperidinyl)methyl, (tetrahydro-2H-pyran-4-yl)methyl or (morpholinyl) ethyl group, whether or not further substituted in the indole ring or quinolinyl structure to any extent. Including but not limited to PB-22, 5-F-PB-22.

v.   Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC).

w.   Quinolin-8-yl 1-(5-fluoropentyl)-lH-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22).

x.   N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA).

y.   N-(1-amino-3 ,3-dime thyl- l-oxobutan-2-yl)-1-pentyl- H-indazole-3-carboxamide (ADB-PINACA).

25.   Alpha-ethyltryptamine (alpha-ET).

26.   Alpha-methyltryptamine (AMT).

27.   4-Bromo-2,5-dimethoxyphenethylamine (2C-B).

28.   2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C-C).


Printed Page 1170 . . . . . Tuesday, February 28, 2017

29.   Cyclohexamine (Ethylamine analog of phencyclidine, PCE).

30.   2-(2,5-Dimethoxy-4-methylphenyl) ethanamine (2C-D).

31.   2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C-E).

32.   2-(2,5-Dimethoxyphenyl) ethanamine (2C-H).

33.   2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I).

34.   2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N).

35.   2-(2,5-Dimethoxy-4-(n)-prophylphenyl) ethanamine (2C-P).

36.   2-(4-ethylthio-2,5-dimethoxyphenyl) ethanamine (2C-T-2).

37.   2-(4-ethylthio-2,5-dimethoxyphenyl) ethanamine (2C-T-4).

38.   2,5-Dimethoxy-4-(n)propylthiophenethylamine (2C-T-7).

39.   2,5-Dimethoxy-4-ethylamphetamine (DOE).

40.   5-Iodo-2-aminoindane (5-IAI).

41.   3-Methoxy-4,5-methylenedioxyamphetamine (MMDA).

42.   5 Methoxy-N,N,Dimethyltryptamine (5-MeO-DMT).

43.   5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT).

44.   3,4-Methylenedioxy-N-ethylamphetamine (MDEA).

45.   Rolicyclidine (Pyrrolidine analog of phencyclidine ,PHP, PCPy).

46.   Tenocyclidine(1-[1-(2-Thienyl)cyclohexyl]piperidine, TCP) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (TCPy).

47.   2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe; 2C-I­ NBOMe; 25I; Cimbi-5).

48.   2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C­

NB0Me; 25C; Cimbi-82).

49.   2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methox benzyl) thanamine (25B-NBOMe; 2C-B­ NB0Me; 25B; Cimbi-36).

50.   1- pentyl-1H-indol-3-y1)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144).

51.   1-(5-fluoro-pentyJ)-lH-indol- 3-yl](2,2,3,3- tetramethylcyclopropyl)methanone (5- fluoro-UR- 144; XLRl 1).

52.   N-(1- adarnantyl)-1-pentyl-lH-indazole-3- carboxamide (APINACA, AKB48).

53.   5 (1, l Dimethylheptyl) 2 [(1R,3S) 3 hydroxycyclohexyl] phenol, its optical, positional, and geometric isomers, salts and salts of isomers 7297 (Other names: CP 47,497).

54.   5 (1,1 Dimethyloctyl) 2 [(1R,3S) 3 hydroxycyclohexyl] phenol, its optical, positional, and geometric isomers, salts and salts of


Printed Page 1171 . . . . . Tuesday, February 28, 2017

isomers 7298 (Other names: cannabicyclohexanol and CP 47,497 C8 homologue).

55.   1 Butyl 3 (1 naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers 7173 (Other names: JWH 073).

56.   1 [2 (4 Morpholinyl)ethyl] 3 (1 naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers 7200 (Other names: JWH 200).

57.   1 Pentyl 3 (1 naphthoyl)indole, its optical, positional, and geometric isomers, salts and salts of isomers 7118 (Other names: JWH 018 and AM678).

58.   4 methyl N methylcathinone 1248 (Other names: mephedrone).

59.   3,4 methylenedioxy Nmethylcathinone 7540 (Other names: methylone).

60.   3,4 methylenedioxypyrovalerone 7535 (Other names: MDPV)."     /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION __.   Section 44-53-190(F) of the 1976 Code is amended to read:

"(F)   Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1)   Fenethylline;

(2)   N-ethylamphetamine;

(3)   Cathinone; or

(4)   Substituted Cathinones.

Any compound (not being bupropion) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

(a)   by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

(b)   by substitution at the 3-position with an alkyl substituent;

(c)   by substitution at the nitrogen atom with alkyl or dialkyl groups, benzyl or methoxybenzyl groups; or


Printed Page 1172 . . . . . Tuesday, February 28, 2017

(d)   by inclusion of the nitrogen atom in a cyclic structure.

Including, but not limited to: Methylone, Mephedrone, 3,4-Methylenedioxypyrovalerone (MDPV), Butylone, Methedrone, 4-Methylethcathinone (4-MEC), Flephedrone, Pentylone, Pentedrone, Buphedrone, alpha-Pyrrolidinopentiophenone (alph-PVP), 4-methyl-alpha-pyrrolidinoproprionphenone (4-MePPP), 4-Fluoro-Methylcathinone (4-FMC), 3-Fluoro-Methylcathinone (3-FMC), alpha-Pyrrolidinobutiophenone (alpha-PBP).

(e)   Aminorex.

(f)   4-Methylaminorex (cis isomer).

(g)   N-Benzylpiperazine (BZP).

(h)   N,N-Dimethylamphetamine (Metrotonin)."     /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION __.   Section 44-53-210 of the 1976 Code is amended to read:

"Section 44-53-210.   (a)   The controlled substances listed in this section are included in Schedule II.

(b)   Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1)   Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding Apomorphine, Nalbuphine, Naloxone, and Naltrexone, and their respective salts;

(2)   Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;

(3)   Opium poppy and poppy straw;

(4)   Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

(c)   Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:


Printed Page 1173 . . . . . Tuesday, February 28, 2017

1.     Alphaprodine

2.     Anileridine

3.     Bezitramide

4.     Dihydrocodeine

5.     Diphenoxylate

6.     Fentanyl

7.     Isomethadone

8.     Levomethorphan

9.     Levorphanol

10.   Metazocine

11.   Methadone

12.   Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

13.   Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid

14.   Pentazocine (to be administered by injection only)

15.   Pethidine (meperidine).

16.   Pethidine - Intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine

17.   Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

18.   Pethidine - Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

19.   Phenazocine

20.   Piminodine

21.   Racemethorphan

22.   Racemorphan

23.   Dextropropoxyphene [alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane], in bulk form.

24.   Sufentanil

25.   Alfentanil

26.   4-Anilino-N-phenethyl-4-piperidine

27.   Dihydroetorphine

28.   Diprenorphine

29.   Levo-alphacetylmethadol

30.   Oripavine

31.   Oxycodone

32.   Remifentanil

33.   Tapentadol

34.   Thebaine


Printed Page 1174 . . . . . Tuesday, February 28, 2017

(d)   Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

1.   Amphetamine, its salts, optical isomers, and salts of its optical isomers.

2.   Methamphetamine, its salts, and salts of isomers.

3.   Phenmetrazine and its salts.

4.   Methylphenidate.

5.   Lisdexamfetamine

(e)   [Deleted] Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

1.   Nabilone

(f)   Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

1.   Amobarbital

2.   Secobarbital

3.   Pentobarbital

4.   Phencyclidine

5.   Phencyclidine immediate precursors:

(a)   1-phenylcyclohexylamine

(b)   1-piperidinocyclohexanecarbonitrile (PCC).

(g)   Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substance:

(1)   Immediate precursor to amphetamine and methamphetamine:

(i)   Phenylacetone, also known as phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone."     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Senator HEMBREE objected to further consideration of the Bill.


Printed Page 1175 . . . . . Tuesday, February 28, 2017

CARRIED OVER

S. 254 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "OWN RISK AND SOLVENCY ASSESSMENT ACT" BY ADDING ARTICLE 8 TO CHAPTER 13, TITLE 38 SO AS TO EXPRESS THE PURPOSE OF THIS ACT, TO DEFINE NECESSARY TERMS, TO REQUIRE AN INSURER TO MAINTAIN A RISK MANAGEMENT FRAMEWORK FOR CERTAIN PURPOSES, TO REQUIRE AN INSURER OR INSURANCE GROUP OF WHICH AN INSURER IS A MEMBER TO CONDUCT AN OWN RISK AND SOLVENCY ASSESSMENT (ORSA) ON NO LESS THAN AN ANNUAL BASIS, TO REQUIRE AN INSURER OR INSURANCE GROUP TO SUBMIT AN ORSA REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO DESCRIBE WHAT THE REPORT MUST CONTAIN, TO PROVIDE EXEMPTIONS FROM THE REPORTING PROVISIONS IN CERTAIN CIRCUMSTANCES AND TO ALLOW AN INSURER TO APPLY FOR A WAIVER UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH THAT THE ORSA REPORT BE PREPARED IN A MANNER CONSISTENT WITH THE ORSA GUIDANCE MANUAL, TO PROVIDE THAT ALL DOCUMENTS, MATERIALS, AND INFORMATION CREATED UNDER THE OWN RISK AND SOLVENCY ASSESSMENT ACT ARE CONFIDENTIAL, TO PROHIBIT THE DIRECTOR OR ANYONE WHO RECEIVES ORSA-RELATED INFORMATION FROM TESTIFYING IN A PRIVATE CIVIL ACTION CONCERNING THE CONFIDENTIAL INFORMATION, TO PERMIT THE DIRECTOR TO TAKE CERTAIN ACTIONS CONCERNING HIS REGULATORY DUTIES, TO PROVIDE A PENALTY FOR AN INSURER WHO FAILS TO FILE THE ORSA SUMMARY REPORT, AND TO SET AN EFFECTIVE DATE FOR THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 38-21-10, AS AMENDED, RELATING TO DEFINED TERMS FOR THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DEFINE THE TERM "SUPERVISORY COLLEGE".

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

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


Printed Page 1176 . . . . . Tuesday, February 28, 2017

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".

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

S. 421 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO GENERAL REGULATIONS; AND ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 422 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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


Printed Page 1177 . . . . . Tuesday, February 28, 2017

S. 423 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOARD OF REGISTRATION FOR FORESTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 351 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3790 SO AS TO ALLOW AN INCOME TAX CREDIT FOR EACH CLINICAL ROTATION SERVED BY A PHYSICIAN, ADVANCED PRACTICE NURSE, OR PHYSICIAN ASSISTANT AS A PRECEPTOR FOR CERTAIN PROGRAMS.

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

ADOPTED

S. 311 (Word version) -- Senators Shealy and McLeod: A SENATE RESOLUTION TO DECLARE FEBRUARY 26 THROUGH MARCH 4, 2017, AS "EATING DISORDERS AWARENESS WEEK" IN THE STATE OF SOUTH CAROLINA TO COINCIDE WITH NATIONAL EATING DISORDERS AWARENESS WEEK AND TO DECLARE THURSDAY, MARCH 2, 2017, AS "EATING DISORDERS AWARENESS DAY" IN SOUTH CAROLINA.

The Resolution was adopted.

S. 383 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE FEBRUARY 26 THROUGH MARCH 4, 2017, AS EATING DISORDERS AWARENESS WEEK IN SOUTH CAROLINA, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL EATING DISORDERS AWARENESS WEEK.

The Resolution was adopted.

H. 3457 (Word version) -- Reps. Govan, J.E. Smith, Williams and Yow: A CONCURRENT RESOLUTION TO DECLARE MARCH 6, 2017, THE ANNIVERSARY OF THE DATE OF THE FINAL SIEGE AND FALL OF THE ALAMO FORTRESS IN SAN ANTONIO, TEXAS, AS "ALAMO DAY" IN SOUTH CAROLINA TO HONOR AND


Printed Page 1178 . . . . . Tuesday, February 28, 2017

REMEMBER THE SEVEN BRAVE SOUTH CAROLINIANS, INCLUDING WILLIAM BARRET TRAVIS AND JAMES BUTLER BONHAM, WHO DIED IN THIS FIGHT FOR FREEDOM AND INDEPENDENCE.

The Resolution was adopted, ordered returned to the House.

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 Resolution was adopted, ordered returned to the House.

H. 3671 (Word version) -- Reps. Bernstein, Allison, Arrington, Bennett, Cobb-Hunter, Crawford, Davis, Dillard, Douglas, Erickson, Felder, Funderburk, Henderson, Henegan, Knight, Norrell, Parks, Robinson-Simpson, Thayer, Alexander, Anderson, Anthony, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cogswell, Cole, Collins, Crosby, Daning, Delleney, Duckworth, Elliott, Finlay, Forrest, Forrester, Fry, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, 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, Ott, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Rutherford, Ryhal, Sandifer, Simrill, G.M. Smith, G.R. Smith, J.E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 26 THROUGH MARCH 4, 2017, AS "EATING DISORDERS AWARENESS WEEK" IN THE STATE OF SOUTH CAROLINA TO COINCIDE WITH NATIONAL EATING DISORDERS AWARENESS WEEK AND TO DECLARE THURSDAY, MARCH 2,


Printed Page 1179 . . . . . Tuesday, February 28, 2017

2017, AS "EATING DISORDERS AWARENESS DAY" IN SOUTH CAROLINA.

The Resolution was adopted, ordered returned to the House.

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

MOTION ADOPTED

At 3:15 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

NONCONCURRENCE, RECONSIDERED
HOUSE AMENDMENTS AMENDED

S. 263 (Word version) -- Senators Peeler, Malloy, Alexander, Grooms, Campbell, Turner, Corbin, Gambrell, Martin and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 140 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE "CLEMSON UNIVERSITY 2016 FOOTBALL NATIONAL CHAMPIONS" SPECIAL LICENSE PLATES.

The House returned the Bill with amendments, the question being concurrence in the House amendments.

Senator PEELER explained the amendments.

Senator RANKIN spoke on the Bill.

Senator GROOMS spoke on the Bill.

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

Ayes 0; Nays 42

AYES

Total--0


Printed Page 1180 . . . . . Tuesday, February 28, 2017

NAYS

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

Total--42

The Senate nonconcurred in the House amendments.

Senator GROOMS asked unanimous consent to interrupt the roll call and carry over the Bill.

Senator MALLOY objected.

Motion Adopted

On motion of Senator GROOMS, the Senate reconsidered the vote whereby the Senate nonconcurred in the House amendments.

Senator GROOMS proposed the following amendment (263R001.SP.GM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

On motion of Senator GROOMS, with unanimous consent, the Bill was amended, ordered returned to the House.


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ACTING PRESIDENT PRESIDES

At 3:40 P.M., Senator CROMER assumed the Chair.

PRESIDENT PRESIDES

At 3:45 P.M., the PRESIDENT assumed the Chair.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

S. 394 (Word version) -- Senators Sheheen, Jackson, Nicholson, Scott, Bennett and Gambrell: A BILL TO AMEND SECTION 9-1-1085, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM EMPLOYER AND EMPLOYEE CONTRIBUTION RATES, SO AS TO CHANGE FUTURE EMPLOYER AND EMPLOYEE CONTRIBUTION RATES AND TO REQUIRE THAT THE UNFUNDED LIABILITIES OF THE SYSTEM MUST BE ON A CERTAIN AMORTIZATION SCHEDULE; TO AMEND SECTION 9-11-225, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM EMPLOYER AND EMPLOYEE CONTRIBUTION RATES, SO AS TO CHANGE FUTURE EMPLOYER AND EMPLOYEE CONTRIBUTION RATES AND TO REQUIRE THAT THE UNFUNDED LIABILITIES OF THE SYSTEM MUST BE ON A CERTAIN AMORTIZATION SCHEDULE; TO AMEND SECTION 9-16-335, RELATING TO THE ASSUMED RATE OF RETURN, SO AS TO CHANGE THE ASSUMED RATE OF RETURN TO SEVEN AND ONE QUARTER PERCENT AND TO PROVIDE THAT THE ASSUMED RATE OF RETURN EXPIRES EVERY FOUR YEARS; TO AMEND SECTION 9-4-10, RELATING TO THE TERM OF MEMBERS OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY (PEBA), SO AS TO CHANGE THE TERM FROM TWO TO FIVE YEARS AND TO REQUIRE THE BOARD TO EMPLOY AN EXECUTIVE DIRECTOR; TO AMEND SECTION 9-4-40, RELATING TO THE AUDIT OF PEBA, SO AS TO REQUIRE PEBA TO BE AUDITED EVERY FOUR YEARS; TO AMEND SECTION 9-16-10, AS AMENDED, RELATING TO RETIREMENT SYSTEM FUNDS "FIDUCIARY" DEFINITION, SO AS TO ADD THE COMMISSION'S "CHIEF EXECUTIVE OFFICER" TO THE DEFINITION; TO AMEND SECTION 9-16-90, AS AMENDED, RELATING TO CERTAIN INVESTMENT REPORTS, SO AS TO


Printed Page 1182 . . . . . Tuesday, February 28, 2017

PROVIDE THAT CERTAIN REPORTS MUST CONTAIN A SCHEDULE OF NET MANAGER FEES AND EXPENSES; TO AMEND SECTION 9-16-315, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CHANGE CERTAIN MEMBERS OF THE COMMISSION, TO ADD QUALIFICATIONS, AND TO REQUIRE THE COMMISSION TO EMPLOY AN EXECUTIVE DIRECTOR; TO AMEND SECTION 9-16-330, AS AMENDED, RELATING TO CERTAIN STATEMENTS OF ACTUARIAL ASSUMPTIONS AND INVESTMENT OBJECTIVES, SO AS TO ALLOW FOR CERTAIN DELEGATIONS TO THE CHIEF INVESTMENT OFFICER, AND TO REQUIRE THE INVESTMENT PLAN TO INCLUDE THE FINAL AUTHORITY TO INVEST MADE BY THE COMMISSION; TO AMEND SECTION 9-16-380, RELATING TO THE AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO PROVIDE THAT THE RETIREMENT SYSTEM INVESTMENT COMMISSION BE AUDITED EVERY FOUR YEARS; BY ADDING SECTION 9-16-100 SO AS TO PLACE CERTAIN RESTRICTIONS ON LOBBYISTS AND TO PROHIBIT THE COMMISSION FROM MAKING CERTAIN INVESTMENTS; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE TRUSTEE OF THE RETIREMENT SYSTEM, SO AS TO CHANGE A TRUSTEE FROM THE STATE FISCAL ACCOUNTABILITY AUTHORITY TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION; TO AMEND SECTION 9-1-1320, RELATING TO THE CUSTODY OF THE ASSETS OF THE RETIREMENT SYSTEM, SO AS TO CHANGE THE CUSTODIAN OF THE ASSETS FROM THE STATE TREASURER TO THE BOARD OF DIRECTORS OF PEBA; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE SOUTH CAROLINA RETIREMENT INVESTMENT COMMISSION MEMBERS AND THE SOUTH CAROLINA PUBLIC BENEFIT AUTHORITY MEMBERS; AND TO REPEAL SECTIONS 9-4-45, 9-8-170, 9-9-160, 9-10-80, AND 9-11-250 RELATING TO POLICY DETERMINATIONS AND THE CUSTODY OF FUNDS FOR THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, THE NATIONAL GUARD RETIREMENT SYSTEM, AND THE POLICE OFFICERS RETIREMENT SYSTEM.


Printed Page 1183 . . . . . Tuesday, February 28, 2017

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator SHEHEEN spoke on the Bill.

Debate was interrupted by adjournment.

Motion Adopted

On motion of Senator SHEHEEN, with unanimous consent, and with Senator SHEHEEN retaining the floor, the Senate agreed to stand adjourned.

ADJOURNMENT

At 4:42 P.M., on motion of Senator SHEHEEN, the Senate adjourned to meet tomorrow at 12:00 Noon.

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