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

Tuesday, January 31, 2017
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Genesis 9:12-13

And God said, "This is the sign of the covenant l am making between me and you and every living creature with you, a covenant for all generations to come. I have set my rainbow in the clouds and it will be a sign of the covenant between me and the earth."

Let us pray. Gracious and loving God, Your promises to us are eternal and true. You established the rainbow to remind us that these promises extend to all generations. The beauty of water and sunlight transformed into a multi-colored arch in the sky is breathtaking and majestic!

Likewise the House and Senate, while seeking Your blessing, have made promises to our beloved State for generations. We pray that these elected officials will honor these promises with resolve and with integrity as they seek to serve and be faithful to the people of South Carolina. May the House and Senate work together -- like water and sunlight in a rainbow -- to create something really special for all generations to come.

We offer this prayer that Your holy name may be praised. Amen.

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

Point of Quorum

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

Call of the Senate

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

Alexander                 Bennett                   Climer
Corbin                    Cromer                    Davis
Fanning                   Gambrell                  Gregory
Grooms                    Hembree                   Hutto
Johnson                   Leatherman                Martin
Massey                    Nicholson                 Peeler
Rankin                    Rice                      Sabb
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Timmons
Turner                    Verdin                    Williams
Young

A quorum being present, the Senate resumed.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:
Document No. 4741
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-3-100, 50-9-650, 50-11-10, 50-11-65, 50-11-96, 50-11-105, 50-11-310, 50-11-315, 50-11-320, 50-11-350, 50-11-365, 50-11-390, 50-11-410, 50-11-430, 50-11-500, 50-11-520, 50-11-525, 50-11-530, 50-11-580, 50-11-854, 50-11-2200 and 50-11-2210
SUBJECT: Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas
Received by Lieutenant Governor January 26, 2017
Referred to Fish, Game and Forestry Committee

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:
Document No. 4704
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-29-150 through 44-29-170
SUBJECT: The Evaluation of School Employees for Tuberculosis
Received by Lieutenant Governor January 10, 2017
Referred to Medical Affairs Committee
Withdrawn and Resubmitted January 30, 2017
Legislative Review Expiration May 10, 2017

Document No. 4706
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-2-10 et seq.
SUBJECT: Underground Storage Tank Control Regulations
Received by Lieutenant Governor January 10, 2017
Referred to Medical Affairs Committee
Withdrawn and Resubmitted January 30, 2017
Legislative Review Expiration May 10, 2017

Leave of Absence

On motion of Senator MARTIN, at 2:03 P.M., Senator MALLOY was granted a leave of absence for the balance of the day.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 7 (Word version)       Sen. McLeod
S. 46 (Word version)     Sen. Bennett
S. 54 (Word version)     Sen. Johnson
S. 86 (Word version)     Sen. Young
S. 115 (Word version)     Sen. Hutto
S. 170 (Word version)     Sen. Hutto
S. 182 (Word version)     Sen. Gregory
S. 217 (Word version)     Sens. Martin, Corbin
S. 218 (Word version)     Sens. Rice, Gregory, Corbin
S. 219 (Word version)     Sen. McLeod
S. 263 (Word version)     Sens. Turner, Corbin
S. 311 (Word version)     Sen. McLeod

RECALLED AND ADOPTED

H. 3574 (Word version) -- Reps. J.E. Smith, Bales, Ballentine, Bernstein, Douglas, Finlay, Hart, Howard, McEachern, Neal, Rutherford, Thigpen, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bamberg, Bannister, Bedingfield, Bennett, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Duckworth, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McKnight, Mitchell, D.C. Moss, V.S. Moss, Murphy, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Ryhal, Sandifer, Simrill, G.M. Smith, G.R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE TRADITION OF HARBISON INSTITUTE AND HARBISON JUNIOR COLLEGE IN PROVIDING OPEN-DOOR ACCESS TO HIGHER EDUCATION FOR DIVERSE STUDENTS FROM ALL BACKGROUNDS AND SOCIO-ECONOMIC CIRCUMSTANCES AND TO DECLARE WEDNESDAY, FEBRUARY 22, 2017, AS "HARBISON HISTORY DAY" IN SOUTH CAROLINA.

Senator COURSON asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Education.

The Concurrent Resolution was recalled from the Committee on Education.

Senator COURSON asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question then was the adoption of the Concurrent Resolution.

On motion of Senator COURSON, the Concurrent Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 320 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JAMES E. WISEMAN ON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING LEADERSHIP TO THE NEWBERRY OPERA HOUSE FOUNDATION, AND TO WISH HIM

MUCH HAPPINESS AND FULFILLMENT IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 321 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 56 SO AS TO ESTABLISH PROCEDURES THAT REGULATE THE RELATIONSHIP BETWEEN RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF RECREATIONAL VEHICLES; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE" AND TO DELETE THE TERM "MOTOR HOME" AND ITS DEFINITION; TO REPEAL ARTICLE 5, CHAPTER 17, TITLE 31 RELATING TO THE SALE OF TRAVEL TRAILERS; AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE REGULATIONS FOR ENFORCEMENT OF THE PROVISIONS OF CHAPTER 14, TITLE 56.
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Read the first time and referred to the Committee on Transportation.

S. 322 (Word version) -- Senator Alexander: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-90, TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN AGENCY AUTHORIZED TO CONDUCT FINGERPRINT BACKGROUND CHECKS IN THIS STATE MAY CONDUCT A FEDERAL FINGERPRINT REVIEW; TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, UPON REQUEST, MAY SUBMIT THE FINGERPRINTS COLLECTED BY AGENCIES AND INFORMATION RELATED TO THOSE PRINTS TO THE FEDERAL BUREAU OF INVESTIGATION'S NEXT GENERATION IDENTIFICATION PROGRAM; TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION MAY RETAIN COLLECTED FINGERPRINTS AND SEARCH ANY RETAINED FINGERPRINTS AT A LATER DATE PURSUANT TO AN APPROPRIATE INQUIRY; AND TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY CHARGE A REASONABLE FEE FOR THE COLLECTION AND RETENTION OF THE FINGERPRINTS.
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Read the first time and referred to the Committee on Judiciary.

S. 323 (Word version) -- Senators Campbell, Turner, Talley, Bennett, Climer, Nicholson, Cromer, Reese, Grooms, Hembree, Verdin, Massey, Alexander, Williams, Johnson, Gambrell, Sabb, Young, Shealy and Scott: A BILL TO AMEND TITLE 31 OF THE 1976 CODE, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 24, TO PROVIDE THAT MANUFACTURING AND INDUSTRIAL FACILITIES SHALL NOT BE ELIGIBLE FOR NUISANCE SUITS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 324 (Word version) -- Senators Peeler, Hutto and McElveen: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY, SO AS TO INCLUDE PERSONS WHO ARE RETIRED FROM CERTAIN OFFICES AND CLERKS OF COURT IN THE PURVIEW OF THE STATUTE.
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Read the first time and referred to the Committee on Judiciary.

S. 325 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 43-33-350 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, TO PROVIDE THAT PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FORMERLY KNOWN AS THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SHALL ADMINISTER THE CLIENT ASSISTANCE PROGRAM; TO REPEAL SECTION 1-11-10(A)(9); AND TO PROVIDE FOR THE TRANSITION OF THE PROGRAM'S ADMINISTRATION FROM THE DEPARTMENT OF ADMINISTRATION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 326 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REAL ESTATE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4711, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 327 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF BARBER EXAMINERS, RELATING TO BARBERSHOP REQUIREMENTS; APPLICATIONS FOR INSPECTION AND REGISTRATION AND SHOP LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 328 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO PROCLAIM TUESDAY, MARCH 23, 2017, AS "SC PROFESSIONAL LAND SURVEYORS DAY" IN SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANCE OF THE SERVICES PROVIDED BY THIS GROUP OF PROFESSIONALS.
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The Senate Resolution was adopted.

S. 329 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR LAVINIA THOMPSON, AN AFRICAN AMERICAN FEMALE CONFEDERATE VETERAN.
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The Senate Resolution was adopted.

S. 330 (Word version) -- Senator Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-10-108 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH PROFESSIONAL EMPLOYER ORGANIZATIONS MAY BE ELIGIBLE FOR CERTAIN TAX CREDITS AND ECONOMIC INCENTIVES UNDER THE ENTERPRISE ZONE ACT OF 1995; BY ADDING SECTION 40-68-145 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO PROVIDE BY REGULATION FOR THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO PROVIDE ORGANIZATIONS SHALL PROVIDE ASSIGNED EMPLOYEES WITH CERTAIN WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO PROVIDE THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; AND TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE.
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Read the first time and referred to the Committee on Finance.

S. 331 (Word version) -- Senators Gambrell and Nicholson: A SENATE RESOLUTION TO CONGRATULATE THE ABBEVILLE HIGH SCHOOL VARSITY FOOTBALL TEAM, SCHOOL OFFICIALS, AND COACHES AND TO CELEBRATE THEIR WIN OF THE 2016 CLASS AA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

S. 332 (Word version) -- Senator Goldfinch: A SENATE RESOLUTION TO HONOR THE AMERICAN REVOLUTION MUSEUM AT YORKTOWN, VIRGINIA, UPON ITS GRAND OPENING AND TO COMMEND ITS EFFORTS TO EDUCATE CHILDREN AND ADULTS THROUGH INTERACTIVE EXHIBITIONS.
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The Senate Resolution was adopted.

S. 333 (Word version) -- Senator M. B. Matthews: A SENATE RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 1, 2017, AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.
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The Senate Resolution was adopted.

S. 334 (Word version) -- Senator Senn: A BILL TO AMEND SECTIONS 61-4-515 AND 61-6-2016 OF THE 1976 CODE, RELATING TO PERMITS TO PURCHASE AND SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION AND A BIENNIAL LICENSE TO PURCHASE ALCOHOLIC LIQUORS BY THE DRINK AT A MOTORSPORTS ENTERTAINMENT COMPLEX OR TENNIS SPECIFIC COMPLEX,

TO INCLUDE BASEBALL COMPLEX, AND TO PROVIDE A DEFINITION FOR "BASEBALL COMPLEX".
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Read the first time and referred to the Committee on Judiciary.

H. 3237 (Word version) -- Reps. Allison, Felder and Knight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTIONS 57-1-460 AND 57-1-470 RELATING TO THE SECRETARY OF TRANSPORTATION'S DUTY TO EVALUATE AND APPROVE ROUTING OPERATION AND MAINTENANCE REQUESTS OR EMERGENCY REPAIRS FOR HIGHWAY FACILITIES THAT ARE NOT INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM, AND THE DEPARTMENT OF TRANSPORTATION COMMISSION'S DUTY TO REVIEW THE SECRETARY OF TRANSPORTATION'S REPORT THAT CONTAINS ROUTINE MAINTENANCE AND EMERGENCY REPAIR REQUESTS.

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

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

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

H. 3441 (Word version) -- Rep. Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-450 SO AS TO PROVIDE THE PAYMENTS OF WORKERS' COMPENSATION BY EMPLOYERS' REPRESENTATIVES MUST BE MADE BY CHECK OR DIRECT DEPOSIT.

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

H. 3488 (Word version) -- Reps. Sandifer and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 55, TITLE 38 SO AS TO ALLOW AN INSURER TO DELIVER, STORE, OR PRESENT EVIDENCE OF INSURANCE COVERAGE BY ELECTRONIC MEANS, TO ESTABLISH CERTAIN CONDITIONS THAT MUST BE MET BEFORE A NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS, TO REQUIRE THE PARTY TO VERIFY OR ACKNOWLEDGE RECEIPT OF THE ELECTRONICALLY DELIVERED NOTICE OR DOCUMENT IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A WITHDRAWAL OF CONSENT DOES NOT AFFECT THE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF THE NOTICE OR DOCUMENT, TO REQUIRE AN INSURER TO NOTIFY THE PARTY OF CERTAIN PRIVILEGES BEFORE SENDING ADDITIONAL NOTICES OR DOCUMENTS SUBJECT TO CONSENT TO RECEIVE CERTAIN NOTICES OR DOCUMENTS, TO ALLOW FOR A PARTY TO ELECTRONICALLY SIGN ELECTRONICALLY DELIVERED DOCUMENTS, TO PROTECT A PRODUCER FROM CIVIL LIABILITY FOR ANY HARM OR INJURY THAT OCCURS AS A RESULT OF A PARTY'S ELECTION TO RECEIVE A NOTICE OR DOCUMENT BY ELECTRONIC MEANS, AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3582 (Word version) -- Reps. Anderson and Hewitt: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO RENAME FOUR PRECINCTS, AND REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

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

H. 3608 (Word version) -- Reps. White, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF CRYSTAL JADE DUNBAR, ECONOMIST AND PROGRAM COORDINATOR II WITH THE BOARD OF ECONOMIC ADVISORS OF THE SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE, TO CELEBRATE HER LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Senator LEATHERMAN spoke on the Concurrent Resolution.

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

H. 3613 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND WILLIAM PAUL "BILL" DIECKMANN, DIRECTOR OF MISSIONS FOR THE COLUMBIA METRO BAPTIST ASSOCIATION, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-EIGHT YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEE

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 46 (Word version) -- Senators Campsen and Bennett: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO ENACT THE "TAXPAYER INFLATION PROTECTION ACT", TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT, AND TO DELETE REDUNDANT LANGUAGE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 61 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH PLAN, SO AS TO ALLOW EMPLOYEES AND RETIREES, AND THEIR DEPENDENTS, OF ANY POLITICAL SUBDIVISION OF THE STATE TO PARTICIPATE IN THE STATE HEALTH PLAN.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 75 (Word version) -- Senator Young: A BILL TO AMEND SECTION 12-43-220(c)(2) OF THE 1976 CODE, RELATING TO PROGRAMS AND UNIFORM ASSESSMENT RATIOS FOR COUNTY EQUALIZATION AND REASSESSMENT, TO PROVIDE THAT AN OWNER ELIGIBLE FOR AND RECEIVING THE SPECIAL ASSESSMENT PURSUANT TO SECTION 12-43-220(c) WHO IS RESIDING AT A NURSING HOME RETAINS THE SPECIAL ASSESSMENT RATIO OF FOUR PERCENT FOR AS LONG AS THE OWNER REMAINS IN THE NURSING HOME.

Ordered for consideration tomorrow.

INVITATIONS ACCEPTED

On motion of Senator DAVIS, with unanimous consent, the following invitations were polled favorably from the Committee on Invitations and ordered placed on the Calendar:

Wednesday February 1, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by the SOUTH CAROLINA COMMISSION FOR THE BLIND

Wednesday, February 1, 2017 - 11:30am-1:30pm
Members of the Senate, Luncheon, Room 112, Blatt Building, by the SOUTH CAROLINA CONSORTIUM FOR GIFTED EDUCATION

Wednesday, February 1, 2017 - 5:30pm-7:00pm
Members of the Senate, Reception, the Marriott, by the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA

Thursday, February 2, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by the SCAWWA WATER UTILITY COUNCIL

Tuesday, February 7, 2017 - 12:00pm-2:00pm
Members of the Senate, Luncheon, the Capital City Club, by the SOUTH CAROLINA ARTS ALLIANCE

Tuesday, February 7, 2017 - 6:00pm-8:00pm
Members and Staff, Reception, SC State Farmers' Market, West Columbia, by the DEPARTMENT OF NATURAL RESOURCES

Tuesday, February 7, 2017 - 7:00pm-9:00pm
Members and Staff, Reception, the Palmetto Club, by the SOUTH CAROLINA FUNERAL DIRECTORS ASSOCIATION
Wednesday, February 8, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by AARP

Wednesday, February 8, 2017 - 12:00pm-2:00pm
Members of the Senate, Luncheon, Room 112, Blatt Building, by the SC ASSOCIATION FOR COMMUNITY ECONOMIC DEVELOPMENT

Wednesday, February 8, 2017 - 6:00pm-8:00pm
Members and Staff, Reception, the Palmetto Club, by the COLLEGE OF CHARLESTON

Thursday, February 9, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by STATE FARM INSURANCE COMPANIES

Wednesday, February 15, 2017 - 8:00am-10:00am
Members of the Senate, Breakfast, Room 112, Blatt Building, by SC GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS

Wednesday, February 15, 2017 - 12:00pm-2:00pm
Members and Staff, Luncheon, Room 112, Blatt Building, by the UNITED WAY ASSOCIATION OF SOUTH CAROLINA

Wednesday, February 15, 2017 - 5:30pm-7:30pm
Members of the Senate, Reception, Embassy Suites, by the SOUTH CAROLINA ASSOCIATION OF COUNTIES

Thursday, February 16, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by the CAROLINA SPEECH, LANGUAGE, AND HEARING ASSOCIATION

Tuesday, February 21, 2017 - 6:00pm-9:00pm
Members of the Senate, Reception, the Double Tree Hotel, by the SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS

Tuesday, February 21, 2017 - 7:00pm-9:00pm
Members and Staff, Reception, the Palmetto Club, by the SOUTH CAROLINA STATE ALUMNI ASSOCIATION

Tuesday, February 21, 2017 - 5:30pm-7:30pm
Members and Staff, Reception, the Capital City Club, by the ASSOCIATED BUILDERS AND CONTRACTORS OF THE CAROLINAS

Wednesday, February 22, 2017 - 8:00am-10:00am
Members and Staff, Breakfast, Room 112, Blatt Building, by the SOUTH CAROLINA ASSOCIATION OF HABITAT AFFILIATES

Wednesday, February 22, 2017 - 12:00pm-2:00pm
Members of the Senate, Luncheon, Room 112, Blatt Building, by the WIL LOU GRAY OPPORTUNITY SCHOOL

Wednesday, February 22, 2017 - 6:00pm-8:00pm
Members and Staff, Reception, the Columbia Museum of Art, by the COLUMBIA MUSEUM OF ART/CITY OF COLUMBIA

Wednesday, February 22, 2017 - 7:00pm-9:00pm
Members and Staff, Reception, the Palmetto Club, by the WINE AND SPIRITS WHOLESALERS OF SC

Thursday, February 23, 2017 - 8:00am-10:00am
Members of the Senate, Breakfast, Room 112, Blatt Building, by AAA CAROLINAS

Tuesday, February 28, 2017 - 6:00pm-8:00pm
Members and Staff, Reception, Hall at Senate's End, by the CLEMSON UNIVERSITY FOUNDATION

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Davis                     Alexander                 Reese
Campsen                   Cromer                    Malloy
Johnson                   Nicholson                 Hembree
Young                     Goldfinch

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 319 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF ROBERT O. "BERT" POLK OF RICHLAND COUNTY, STATE FIRE MARSHAL WITH THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, UPON THE OCCASION OF HIS RETIREMENT, TO THANK HIM FOR HIS MANY YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3462 (Word version) -- Reps. Kirby, Jordan, Williams, Alexander and Lowe: A BILL TO AMEND ACT 84 OF 2011, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT NUMBER THREE, SO AS TO EXTEND THE TERMS OF THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT NUMBER THREE TO FOUR YEARS, TO STAGGER THE TERMS OF THE MEMBERS, TO REQUIRE THAT THE MEMBERS BE ELECTED AT A GENERAL ELECTION HELD IN AN EVEN-NUMBERED YEAR, AND TO PROVIDE THE PROCESS BY WHICH A VACANCY IS FILLED.

READ THE THIRD TIME
SENT TO HOUSE

The following Bills were read third time, passed and ordered sent to the House of Representatives with amendments:

S. 67 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-10-88, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT FEES, SO AS TO SPECIFY TO WHOM REDEVELOPMENT FEES MAY BE REMITTED; TO AMEND SECTION 31-12-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE REDEVELOPMENT OF CERTAIN FEDERAL INSTALLATIONS, SO AS TO DEFINE "REDEVELOPMENT PROJECT"; AND BY ADDING SECTION 31-12-70 SO AS TO AUTHORIZE A REDEVELOPMENT AUTHORITY TO USE REDEVELOPMENT FEES ON CERTAIN OPERATING COSTS.

S. 58 (Word version) -- Senators J. Matthews, Hutto, Johnson, Malloy, M.B. Matthews and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PORT ENHANCEMENT ZONE ACT"; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-6-3367, RELATING TO THE MORATORIUM ON CERTAIN TAXES FOR CERTAIN TAXPAYERS, SO AS TO EXTEND THE MORATORIUM TO TAXPAYERS CREATING AT LEAST FIFTY NEW FULL-TIME JOBS IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-6-3375, AS AMENDED, RELATING TO THE TAX CREDIT FOR PORT CARGO VOLUME INCREASE, SO AS TO INCREASE THE MAXIMUM ANNUAL CREDIT AMOUNT FROM EIGHT MILLION TO NINE MILLION DOLLARS AND TO PROVIDE THAT ONE MILLION DOLLARS MAY BE AWARDED TO A NEW WAREHOUSE OR DISTRIBUTION FACILITY THAT MEETS CERTAIN REQUIREMENTS AND EMPLOYS AT LEAST FIFTY NEW FULL-TIME JOBS IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW EIGHTY-FIVE PERCENT OF THE MAXIMUM CREDIT TO BE CLAIMED BY BUSINESSES LOCATED IN A PORT ENHANCEMENT ZONE; TO AMEND SECTION 12-14-60, RELATING TO THE INVESTMENT TAX CREDIT, SO AS TO DOUBLE THE AMOUNT OF THE CREDIT FOR ANY QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY LOCATED IN A PORT ENHANCEMENT ZONE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXTEND THE EXEMPTION FOR MATERIALS HANDLING TO A TAXPAYER THAT INVESTS AT LEAST TWENTY MILLION DOLLARS IN A PORT ENHANCEMENT ZONE, AND TO EXTEND THE EXEMPTION FOR CONSTRUCTION MATERIALS TO A TAXPAYER THAT INVESTS AT LEAST FORTY MILLION DOLLARS, IN REAL AND PERSONAL PROPERTY, IN A PORT ENHANCEMENT ZONE.

S. 197 (Word version) -- Senator Hembree: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTERS 1 AND 2 OF TITLE 56, RELATING TO THE OPERATION OF A MOPED, TO REVISE THE FORM OF LICENSURE A PERSON MUST POSSESS TO OPERATE A MOPED, TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A MOPED OPERATOR'S LICENSE, TO REVISE THE TIME PERIOD WHEN CERTAIN PERSONS MAY OPERATE A MOPED, TO REVISE THE PENALTIES FOR A VIOLATION OF THIS PROVISION, AND TO DELETE THE PROVISION THAT PROHIBITS THE DEPARTMENT OF MOTOR VEHICLES FROM ISSUING A BEGINNER'S PERMIT OR A SPECIAL RESTRICTED LICENSE TO CERTAIN PERSONS CONVICTED OF A MOPED VIOLATION FOR A CERTAIN PERIOD OF TIME; TO PROVIDE FOR THE REGISTRATION, TITLING, AND LICENSING OF MOPEDS, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE, TO REGULATE THE OPERATION OF A MOPED, AND TO REGULATE THE SALE OF A MOPED; AND FOR OTHER RELATED PURPOSES.
(Abbreviated Title)

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

S. 250 (Word version) -- Senators Leatherman, Setzler and Alexander: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2016 AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 198 (Word version) -- Senators Shealy, Alexander, McElveen and Bryant: A BILL TO AMEND SECTION 56-1-100 OF THE 1976 CODE, RELATING TO DRIVERS' LICENSES, TO PROVIDE THAT A MINOR MAY APPLY FOR A BEGINNER'S PERMIT, INSTRUCTION PERMIT, OR DRIVER'S LICENSE UNDER THE AUTHORIZATION OF A RESPONSIBLE ADULT WILLING TO ASSUME THE OBLIGATION IMPOSED.

The Senate proceeded to a consideration of the Bill.

The Committee on Transportation proposed the following amendment (198R003.DR.LKG), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 56-1-100 of the 1976 Code is amended to read:

"Section 56-1-100.   (A)   The application of an unemancipated minor for a beginner's permit, instruction permit, or driver's license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian, or, for all other minors, by a responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor. Upon the extension of a permit pursuant to Section 56-1-50, authorization by the father, mother, guardian, or a responsible adult is not required. in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by:

(1)   the father of the minor;

(2)   the mother of the minor;

(3)   the stepparent of the minor;

(4)   the guardian of the minor;

(5)   an individual who has custody, care, and control of a minor;

(6)   any person set forth in subsection (C)(3), below, with written approval by the Department of Social Services;

(7)   any person who has been standing in loco parentis of a minor for a continuous period of not less than sixty days; or

(8)   any responsible adult who is willing to assume the obligation imposed under this article and who has written permission, from a person listed in items (1-7) above, signed and verified before a person authorized to administer oaths.

(B)   The application of an emancipated minor for a beginner's permit or driver's license must be signed in the presence of a South Carolina Department of Motor Vehicles employee at the time of application by a responsible adult who is willing to assume the obligation imposed under this article.

(C)   If the Department of Social Services has guardianship or legal custody of a minor, the application may be signed by:

(1)   the father of the minor;

(2)   the mother of the minor; or

(3)   the foster parent, pre-adoptive parent, or person responsible for the welfare of a child who resides in a child caring facility or residential group care home, upon written approval by the Department of Social Services. The disclosure of information by the Department of Social Services to the Department of Motor Vehicles in order to provide approval for the limited purpose of this code section shall not be a violation of Section 63-7-1990 or any other section of the Children's Code governing the dissemination of confidential information. The foster parent, pre-adoptive parent, or person responsible for the welfare of a child who resides in a child caring facility or residential group care home must obtain approval from the Department of Social Services prior to the request for an extension of a permit pursuant to Section 56-1-50.

(D)   Except as set forth in subsection (C)(3) above, upon the extension of a permit pursuant to Section 56-1-50, authorization by the person who originally signed the application, under subsections (A), (B), or (C) above, is not required."

SECTION   2.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE explained the committee amendment.

The question then was second reading of the Bill.

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

Ayes 43; Nays 0

AYES

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

Total--43

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME

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

The Senate proceeded to a consideration of the Bill.

The question then was second reading of the Bill.

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

Ayes 38; Nays 5

AYES

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

Total--38

NAYS

Bennett                   Campsen                   Climer
Davis                     Martin

Total--5

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

CARRIED OVER

S. 176 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-300, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A DEPARTMENT OF CORRECTIONS FACILITY WITHOUT WRITTEN CONSENT, AND TO PROVIDE PENALTIES FOR THE VIOLATION.

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

ADOPTED

H. 3402 (Word version) -- Reps. Felder, Allison, Arrington, Bennett, Bernstein, Cobb-Hunter, Crawford, Davis, Dillard, Douglas, Erickson, Funderburk, Henderson, Henegan, Knight, Norrell, Parks, Robinson-Simpson and Thayer: A CONCURRENT RESOLUTION TO DECLARE JANUARY 18, 2017, "SC UNITED IN TEAL & WHITE LOBBY DAY" IN SOUTH CAROLINA AND ENCOURAGE ALL CITIZENS TO BE AWARE OF THE NEED FOR EARLY SCREENING FOR CERVICAL CANCER.

The Resolution was adopted, ordered returned to the House.

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to meet tomorrow, Wednesday, February 1, 2017, at 11:40 A.M. for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate will recede for 45 minutes.

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

MADE SPECIAL ORDER

S. 27 (Word version) -- Senators Campsen, Young, Hembree and Climer: A BILL TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.
Senator MASSEY moved that the Bill be set for Special Order.

The Bill was made a Special Order.

MADE SPECIAL ORDER

S. 218 (Word version) -- Senators Massey, Bennett, Alexander, Bryant, Rice, Gregory and Corbin: A BILL TO AMEND CHAPTER 1, TITLE 41 OF THE 1976 CODE, RELATING TO LABOR AND EMPLOYMENT GENERALLY, BY ADDING SECTION 41-1-25, TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT ESTABLISH, MANDATE, OR OTHERWISE REQUIRE AN EMPLOYEE BENEFIT; AND TO DEFINE NECESSARY TERMS.

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

The Bill was made a Special Order.

MOTION ADOPTED

At 2:50 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 27 (Word version) -- Senators Campsen, Young, Hembree and Climer: A BILL TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.

On motion of Senator MASSEY, with unanimous consent, the Bill was taken up for immediate consideration, the question being the adoption of the committee amendment.

The Committee on Education proposed the following amendment (WAB\27C002.AGM.AB17), which was carried over:

Amend the bill, as and if amended, Section 59-3-10(B)(1), as contained in SECTION 1, page 2, by deleting the item in its entirety and inserting:

/   (1)   experience in the field of public education including, but not limited to, service as a classroom teacher, principal, other school or school district administrator, school district superintendent, member of a school board, or other education policy making body at either the state or local level or any combination of them; or /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the committee amendment.

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

Motion Adopted

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

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Maynard Hartwell Miller of Pauline, S.C. Mr. Miller was a U.S. Army Veteran of the Korean War. He retired from the Spartanburg County Sheriff's department after 29 years of service. Maynard owned the Pauline Café from 1974-1990 and was a member of the Fidelis Sunday School class at Philadelphia Baptist Church as well as WOW #28 and VFW Post #9539. Mr. Miller was a grandfather figure to our beloved Senator Shane Martin and taught him how to hunt squirrels, bail hay, garden, cook and work on the farm. He was a loving father, doting grandfather and treasured friend to his community who will be dearly missed.

ADJOURNMENT

At 3:03 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:40 A.M.

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