Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 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:
Proverbs 3-6 NKJV
"In all your ways acknowledge Him, and He will direct your paths."
Let us pray. Almighty and eternal God, we pause at this hour in this Senate Chamber to dedicate this moment to You. For it is You, O God, that we honor each day with official prayer before we begin our work. We acknowledge that as the people of this great country that it is incumbent upon us to keep church and state separate. That does not mean, however, that we must keep God and state separate. So in this moment we pray that our Senators and other state leaders will continue to stand up for our right to pray to You, O God to preserve our nation and our State under Your sovereign care. May we never waiver from the mantra "In God we trust" as we seek to honor You in our private and public lives. In Your holy name we pray, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:05 A.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bennett Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Kimpson Leatherman Malloy Martin Massey Nicholson Peeler Rice Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following was received:
Document No. 4671
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Section 43-9-510
SUBJECT: WIC Vendors
Received by Lieutenant Governor January 10, 2017
Referred to Medical Affairs Committee
Legislative Review Expiration May 10, 2017
Withdrawn and Resubmitted February 15, 2017
Senator SENN introduced Dr. James McCoy of North Charleston, S.C., Doctor of the Day.
At 11:09 A.M., Senator GROOMS requested a leave of absence for Senator CAMPBELL for the day.
At 11:24 A.M., Senator HEMBREE requested a leave of absence for Senator GREGORY for the day.
Senator YOUNG rose for an Expression of Personal Interest.
Members of the Senate, if you represent any portion of Aiken, Allendale, Bamberg, Barnwell, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Colleton, Dillon, Dorchester, Edgefield, Florence, Georgetown, Hampton, Horry, Lexington, Marion, Orangeburg, Saluda, Sumter and Williamsburg counties, I would ask that you pay attention to what I'm about to share with you.
I've got some pictures I want to share with you, members of the Senate. Three years ago this week, South Carolina was gripped in the worst ice storm that this State had seen in several years and one of the worst ice storms that ever hit the southeastern United States. These are the pictures that are being shown.
Senators, the pictures that are on the screen, these are pictures that were taken from Aiken, Orangeburg and Dorchester counties. Which, as all of you know, is a pretty wide stretch of the State, over 100 miles between the City of Aiken and the Town of Summerville. There were 22 counties that were impacted substantially by the February 2014 ice storm. In Aiken County where I live, at my home, we were without power for six days. There were many residents of counties in this State who were without power for up to ten days. In Aiken County alone, there was 1.48 million cubic yards of tree debris that was removed by the federal disaster recovery officials and their teams. There were 148,136, what the D.O.T. calls hangers that were cut over the roads in Aiken County and 1,690 what they call leaners, which were trees that had leaned into the D.O.T. right-of-way that had to be removed. That was in Aiken County alone.
The President of SCE&G retail operations was quoted after the storm and the recovery that took place over the next ten days that the damage to the SCE&G infrastructure was as devastating to the utilities infrastructure as Hurricane Hugo was in 1989. The reason that I am standing before you today is the same reason that I stood before this Body last year during the budget process and the year before. The State of South Carolina in 2015, through the assistance of Senator LEATHERMAN and the Finance Committee, was able to reimburse cities and the counties that were impacted by the 2014 ice storm with 25% of their out-of-pocket expenses after their federal reimbursement. That means that they still have not been reimbursed 75% of their out-of-pocket reimbursement. The storm was three years ago this week.
Now last year, when we considered the budget and we considered the impact of the 2015 flood, the counties that were impacted by the this flood were reimbursed 100% for their nonfederal covered expenses associated with their recovery effort. This year, we are going to consider the 2016 hurricane. As we show, I expect we will reimburse all of those counties 100 cents on the dollar for the expenses that they've incurred from the 2016 hurricane, that were not reimbursed to them by the federal government and the federal aid. But my point in rising today is I want the members of this Body to recognize that the 2014 ice storm was just as devastating to the communities that it impacted as the 2015 flood and the 2016 hurricane. The impact on the citizens of those communities is equally as devastating and the impact to the taxpayers of the local governments is equally as devastating. Now, unfortunately, we've got some communities like Senator WILLIAMS' from Marion County that's been impacted by all three of those storms. Isn't that right, Senator? And there are others of you -- Senator SABB from Williamsburg, your county has been impacted by all three of them. Senator LEATHERMAN from Florence, your community has been impacted by all three of them.
But I wanted the Body to know it has been three years, the budget process starts in the Ways and Means Committee next week. The Ways and Means Committee is going to consider on the House side of the budget. I would encourage you, if you represent any of these counties that have been impacted by the 2014 ice storm, to speak to your counterparts in the House, ask them to get the Ways and Means Committee to put $11.4 million -- that's what I understand is needed -- $11.4 million is the remaining 75 cents on the dollar that's owed or that we should reimburse to these counties and cities that have been impacted in this 22-county stretch. Senator WILLIAMS, your community, your county, if we get this money, will get $377,000 back -- to Marion County from the 2014 ice storm. Senator SABB, $675,000 -- to Williamsburg County and the communities, Towns of Greeleyville, Hemingway and Kingstree, which were impacted. Senator McELVEEN from Sumter and Senator JOHNSON from Clarendon -- I know you all share Sumter County -- Sumter County will get $461,000 out of this money. Senator GROOMS from Berkeley, Senator BENNETT from Dorchester and Berkeley counties would get $722,000 from this if we can get it in the budget. Dorchester would get $573,000 if we can get it in the budget. I've talked with Senator LEATHERMAN about this. He expressed to me how important it is in this process for the House, Ways and Means Committee to include it.
I wanted to show you these pictures that speak volumes as to the impact that this storm had on these counties that stretched from Aiken to Charleston all the way back up to the Dillon, Florence and Marion in the Pee Dee. If any of you want to see the numbers, come to my desk and I'll share them with you. But these pictures speak volumes. As I said earlier, these are not just pictures taken in Aiken County. These pictures were taken from Aiken, Orangeburg and Dorchester counties. Thank you.
On motion of Senator SETZLER, with unanimous consent, the remarks of Senator YOUNG were ordered printed in the Journal.
Senator GROOMS rose for an Expression of Personal Interest.
Senator LEATHERMAN rose for an Expression of Personal Interest.
Senator HUTTO rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 86 (Word version) Sen. Hembree
S. 131 (Word version) Sens. Fanning, Shealy
S. 217 (Word version) Sen. Grooms
S. 412 (Word version) Sen. Rice
The following were introduced:
S. 424 (Word version) -- Senator Campsen: A SENATE RESOLUTION TO CONGRATULATE AND HONOR AMANDA ROBINOVITZ AS A RECIPIENT OF A PRUDENTIAL SPIRIT OF COMMUNITY AWARD; TO RECOGNIZE HER OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT; AND TO EXTEND BEST WISHES FOR HER CONTINUED SUCCESS AND HAPPINESS.
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The Senate Resolution was adopted.
S. 425 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR H. NEYLE WILSON, PRESIDENT OF HORRY-GEORGETOWN TECHNICAL COLLEGE, UPON THE OCCASION OF HIS RETIREMENT ON APRIL 1, 2017, AFTER FORTY-SIX YEARS OF EXEMPLARY SERVICE TO THE COLLEGE AS TEACHER AND ADMINISTRATOR, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 426 (Word version) -- Senator Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41 TO TITLE 5 SO AS TO ENACT THE "MUNICIPAL TAX RELIEF ACT", TO ALLOW A MUNICIPALITY TO IMPOSE A SALES AND USE TAX NOT TO EXCEED ONE PERCENT, SUBJECT TO A REFERENDUM, FOR MUNICIPAL TAX RELIEF OR TO DEFRAY DEBT SERVICE FOR CERTAIN AUTHORIZED PROJECTS, AND TO SPECIFY THE MANNER IN WHICH THE TAX IS IMPOSED, COLLECTED, AND EXPENDED; AND TO AMEND SECTION 4-10-970, AS AMENDED, RELATING TO THE USE OF REVENUES FROM THE LOCAL OPTION TOURISM DEVELOPMENT FEE, SO AS TO PROVIDE THAT IF THE FEE IS IMPOSED IN A MUNICIPALITY THAT IS IMPOSING THE SALES AND USE TAX AUTHORIZED BY CHAPTER 41, TITLE 5, THEN AT LEAST TWENTY PERCENT OF THE REVENUES MUST BE USED TO PROVIDE A PROPERTY TAX CREDIT.
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Read the first time and referred to the Committee on Finance.
S. 427 (Word version) -- Senators Shealy and Corbin: A BILL TO AMEND SECTION 44-20-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE "SOUTH CAROLINA INTELLECTUAL DISABILITY, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES ACT", SO AS TO ADD A DEFINITION FOR "AUTISM SPECTRUM DISORDER"; TO AMEND SECTION 38-71-280, RELATING TO HEALTH INSURANCE COVERAGE FOR AUTISM SPECTRUM DISORDER, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 59-21-510, AS AMENDED, RELATING TO SPECIAL EDUCATION PROGRAMS, SO AS TO MAKE CONFORMING CHANGES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 428 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-6-2295(A) OF THE 1976 CODE, RELATING TO ITEMS INCLUDED AND EXCLUDED FROM TERMS "SALES" AND "GROSS RECEIPTS", TO PROVIDE THAT RECEIPTS FROM THE PROVISION OF DIRECT BROADCAST SATELLITE SERVICE ARE ATTRIBUTABLE TO THIS STATE IN PRO RATA PROPORTION OF THE COSTS OF PERFORMING THE SERVICE.
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Read the first time and referred to the Committee on Finance.
S. 429 (Word version) -- Senator Senn: A BILL TO AMEND CHAPTER 8, TITLE 27 OF THE 1976 CODE, RELATING TO THE CONSERVATION EASEMENT ACT, BY ADDING SECTION 27-8-130, TO PROVIDE THAT CONSERVATION EASEMENTS ACQUIRED USING PUBLIC FUNDS MUST BE OPEN TO THE PUBLIC.
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Read the first time and referred to the Committee on Judiciary.
S. 430 (Word version) -- Senator Senn: A BILL TO AMEND CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO FIREARMS, BY ADDING ARTICLE 3, TO PROVIDE THAT ANY PERSON WHO KNOWINGLY SOLICITS, PERSUADES, ENCOURAGES, OR ENTICES A DEALER OR SELLER OF FIREARMS OR AMMUNITION TO TRANSFER A FIREARM OR AMMUNITION UNDER CIRCUMSTANCES THAT THE PERSON KNOWS WOULD VIOLATE THE LAWS OF THIS STATE OR THE UNITED STATES IS GUILTY OF A FELONY AND MUST BE FINED NOT MORE THAN THREE THOUSAND DOLLARS, IMPRISONED UP TO FIVE YEARS, OR BOTH; AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Judiciary.
S. 431 (Word version) -- Senator Senn: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-540, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO THREATEN, SOLICIT ANOTHER TO THREATEN, OR CONSPIRE TO THREATEN TO CAUSE DAMAGE, INJURY, OR DEATH OR TO CAUSE DAMAGE TO OR DESTROY A BUILDING OR OTHER REAL OR PERSONAL PROPERTY BY USE OF A FIREARM ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION OR IN ANY PUBLICLY OWNED BUILDING; TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR; TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION RESULTING IN PROPERTY DAMAGE IS GUILTY OF A MISDEMEANOR; AND TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION BY CAUSING INJURY OR DEATH IS GUILTY OF A FELONY.
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Read the first time and referred to the Committee on Judiciary.
S. 432 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-220 OF THE 1976 CODE, RELATING TO A PUBLIC OR PRIVATE EMPLOYER'S POSTING OF A SIGN PROHIBITING THE CARRYING OF A CONCEALED WEAPON ON THE EMPLOYERS' PREMISES, TO CREATE A CAUSE OF ACTION FOR A CONCEALED WEAPONS PERMIT HOLDER WHO IS INJURED WHILE ON THE PREMISES OF AN EMPLOYER WHO HAS PROHIBITED THE CONCEALED WEAPONS PERMIT HOLDER FROM CARRYING A CONCEALED WEAPON; TO AMEND SECTION 16-23-20 OF THE 1976 CODE, RELATING TO THE UNLAWFUL CARRYING OF HANDGUNS AND EXCEPTIONS, TO CREATE AN EXCEPTION TO ALLOW ANYONE TO CARRY A CONCEALED WEAPON DURING A MANDATORY EVACUATION ORDER DECLARED BY THE GOVERNOR AND TO PLACE CERTAIN TIME PERIODS ON THIS EXCEPTION; AND TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO CONCEALED WEAPONS PERMITS, BY ADDING SECTION 23-31-218, TO CREATE AN INSTITUTIONAL CONCEALED WEAPONS PERMIT, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS RELATING THE CURRICULUM AND TRAINING REQUIRED TO OBTAIN AN INSTITUTIONAL CONCEALED WEAPONS PERMIT, AND TO ALLOW INSTITUTIONAL CONCEALED WEAPONS PERMIT HOLDERS TO CARRY A CONCEALABLE WEAPON IN SCHOOLS, DAYCARES, CHURCHES, AND HOSPITALS.
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Read the first time and referred to the Committee on Judiciary.
S. 433 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 31, TITLE 56 OF THE 1976 CODE, RELATING TO THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES, BY ADDING SECTION 56-31-70, TO PROVIDE THAT AN INSURANCE POLICY THAT COVERS A PERSON OPERATING A RENTED OR LEASED VEHICLE, REGARDLESS OF THE LIMITATIONS OR EXCLUSIONS IN THE OPERATOR'S POLICY, SHALL BE PRIMARY TO A MOTOR VEHICLE INSURANCE POLICY IN WHICH THE NAME INSURED IS A RENTAL COMPANY OR AFFILIATE OF THE RENTAL COMPANY, A QUALIFIED SELF-INSURER, AND A BOND POSTED BY A RENTAL COMPANY OR AN AFFILIATE OF THE RENTAL COMPANY FOR THE PURPOSE OF COMPLYING WITH FINANCIAL RESPONSIBILITY.
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Read the first time and referred to the Committee on Transportation.
S. 434 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 17-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL AND RECOGNIZANCES AND PERSONS CHARGED WITH NONCAPITAL OFFENSES AND CONDITIONS OF RELEASE, AMONG OTHER THINGS, SO AS TO PROVIDE A BAIL SCHEDULE TO SERVE AS A GUIDE FOR GENERAL SESSIONS COURT OFFENSES TO BE USED WHEN SETTING BAIL FOR PERSONS CHARGED WITH BAILABLE OFFENSES.
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Read the first time and referred to the Committee on Judiciary.
S. 435 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS BY A BONDSMAN OR RUNNER, SO AS TO PROHIBIT A BONDSMAN OR RUNNER FROM ACCEPTING ANYTHING OF VALUE FROM A PRINCIPAL EXCEPT THE PREMIUM THAT MUST BE COLLECTED BEFORE THE EXECUTION OF THE BOND, AND TO INCREASE THE MINIMUM FEE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED DOLLARS OR FIVE PERCENT, WHICHEVER IS GREATER.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 436 (Word version) -- Senator Nicholson: A SENATE RESOLUTION TO COMMEND THE NINETY SIX HIGH SCHOOL MARCHING BAND, DIRECTORS, AND SCHOOL OFFICIALS FOR LAUDABLE WORK AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION CLASS A STATE FINALS.
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The Senate Resolution was adopted.
S. 437 (Word version) -- Senators Rice, Alexander, Gambrell, Timmons, Allen, Turner, Verdin, Reese, Talley, Martin and Peeler: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF KEITH A. FRAZIER AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
H. 3796 (Word version) -- Reps. Howard, Bales, Ballentine, Bernstein, Douglas, Finlay, Hart, McEachern, Rutherford, J. E. Smith, Thigpen, King, Govan, Henegan, Jefferson, Anderson, Cobb-Hunter, Alexander, Bamberg, Brown, Clyburn, Dillard, Gilliard, Hosey, Mack, McKnight, Mitchell, Parks, M. Rivers, Robinson-Simpson, Weeks, Whipper, Williams, Lucas, Allison, Anthony, Arrington, Atkinson, Atwater, Bannister, Bedingfield, Bennett, Blackwell, Bowers, Bradley, Burns, Caskey, Chumley, Clary, Clemmons, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Duckworth, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Hamilton, Hardee, Hayes, Henderson, Herbkersman, Hewitt, Hill, Hiott, Hixon, Huggins, Johnson, Jordan, Kirby, Knight, Loftis, Long, Lowe, Magnuson, Martin, McCoy, McCravy, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norman, Norrell, Ott, Pitts, Pope, Putnam, Quinn, Ridgeway, S. Rivers, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, West, Wheeler, White, Whitmire, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF, REPRESENTATIVE JOSEPH H. "JOE" NEAL OF RICHLAND COUNTY, TO HONOR HIS REMARKABLE COMMITMENT AND CONTRIBUTIONS TO THE GENERAL ASSEMBLY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 11 (Word version) -- Senators Davis and Campsen: A BILL TO AMEND SECTION 38-75-485, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HURRICANE DAMAGE MITIGATION PROGRAM, SO AS TO EXPAND THE PROGRAM TO INCLUDE FLOOD DAMAGE.
The Senate proceeded to a consideration of the Bill.
Senator DAVIS explained the Bill.
On motion of Senator DAVIS, the Bill was committed to the Committee on Finance.
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.
The Senate proceeded to a consideration of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (297R001.DR.TCA), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-18-80(A)(2) of the 1976 Code is amended to read:
"(2) Pending issuance of a registration certificate, a security officer may perform the duties of a security officer for up to twenty thirty days after receipt by SLED of his application for registration; however, a person authorized to perform duties under this section has no arrest authority and must not carry a firearm until SLED issues a registration certificate. If SLED does not issue a registration certificate within twenty thirty days of receipt of the application, a security officer must cease performing all security-related activities."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the committee amendment.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Climer Corbin Courson Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson Kimpson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Resolution.
Senator MASSEY explained the Resolution.
The question then was second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Climer Corbin Courson Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson Kimpson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
Total--0
The Resolution was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Resolution.
Senator YOUNG explained the Resolution.
The question then was second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Climer Corbin Courson Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson Kimpson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
Total--0
The Resolution was read the second time, passed and ordered to a third reading.
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.
Senator MALLOY proposed the following amendment (JUD0168.005), which was adopted:
Amend the bill, as and if amended, page 4 by striking lines 4-5 and inserting:
/ (2) A person who violates a provision of this section where the prostitute has been adjudicated or meets the definition to be found severely or profoundly mentally disabled beyond a reasonable doubt, is guilty /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Allen Bennett Campsen Climer Corbin Courson Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson Kimpson Leatherman Malloy Martin Massey Matthews, John Matthews, Margie McElveen Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 118 (Word version) -- Senators Campsen, Malloy, Hembree and Davis: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO TEN THOUSAND DOLLARS AND TO REQUIRE THAT, EXCEPT FOR LANDLORD AND TENANT CASES, ANY CASE WITH AN AMOUNT IN CONTROVERSY EQUALING OR EXCEEDING FIVE THOUSAND DOLLARS MUST BE ORDERED FOR MANDATORY MEDIATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT.
The Senate proceeded to a consideration of the Bill.
The Committee on Judiciary proposed the following amendment (JUD0118.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 29 in Section 22-3-10, as contained in SECTION 1, and inserting therein the following:
/ "Section 22-3-10. Magistrates have concurrent civil /
Amend the bill further, as and if amended, page 2, by striking line 42, and page 3, by striking lines 1 through 4, in Section 22-3-10, as contained in SECTION 1, and inserting therein the following:
/ is calculated." /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the committee amendment.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Climer Corbin Courson Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson Kimpson Leatherman Malloy Martin Massey Matthews, John Matthews, Margie McElveen Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Talley Timmons Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
Senator MALLOY objected to further consideration of the Bill.
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".
The Senate proceeded to a consideration of the Bill.
Senator BENNETT explained the Bill.
On motion of Senator BENNETT, 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 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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 12:09 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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) AND 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.
The Senate proceeded to a consideration of the amendment, the question being the adoption of the committee amendment.
Senator CAMPSEN explained the committee amendment.
Senator MALLOY proposed the following amendment (JUD0107.008):
Amend the committee amendment, as and if amended, page [107-3], by striking line 35, in Section 8-13-1314(A)(1)(a), as contained in SECTION 5, and inserting therein the following:
/ (a) three thousand five hundred dollars in the case of a /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Debate was interrupted by adjournment.
On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.
On motion of Senator BENNETT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph Francis Christie, Jr. of Summerville, S.C. Joseph earned a degree in urban administration and a masters degree in public administration from the College of Charleston. Joseph was the Director of Planning and Development for the town of Summerville and was a founding board member of Summerville DREAM. He was a state and national leader with Boy Scouts of America. Joseph was a loving husband and devoted community member who will be dearly missed.
On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lonnie Dennis Stokes of Bishopville, S.C. Lonnie was the father-in-law of our beloved Richard Webb. Lonnie was retired from DuPont after 41 years of service. He was a member of Antioch Baptist Church. Lonnie was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 1:06 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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