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


Printed Page 1063 . . . . . Wednesday, February 22, 2017

Wednesday, February 22, 2017
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

John 15:13 NIV

"Greater love has no one than this: to lay down one's life for one's friend."

Let us pray. Gracious God, You have blessed our nation with freedom of religion, freedom of speech, freedom to elect our leaders and freedom to choose our own destinies. Each day in this hurried pace of life that offers boundless opportunities, it is easy to overlook in our prayers and thoughts the very people who are willing to lay down their lives for our freedom.

Allow us O God, to take this time to give You thanks for those persons who are willing to serve our country, protect our citizens and proudly wear the uniform of our great nation. We pray for Your blessing and protection of our men and women who are serving in the Armed Forces both here and abroad. We pray also for our police officers and our fire fighters. May they be encouraged by our support and inspired by Your boundless love for them. In Your holy name we pray, Amen.

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

Doctor of the Day

Senator ALEXANDER introduced Dr. David Garr of Mount Pleasant, S.C., Doctor of the Day.

Leave of Absence

At 12:05 P.M., Senator CROMER requested a leave of absence for Senator CAMPSEN for Wednesday, February 22, 2017, and Thursday, February 23, 2017.


Printed Page 1064 . . . . . Wednesday, February 22, 2017

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 86 (Word version)     Sen. Goldfinch
S. 131 (Word version)     Sen. Fanning
S. 137 (Word version)     Sen. Fanning
S. 212 (Word version)     Sen. M.B. Matthews
S. 345 (Word version)     Sen. Fanning
S. 449 (Word version)     Sen. Verdin

RECALLED

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

Senator BENNETT asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

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.

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

The Bill was recalled from the Committee on Education and ordered placed on the Calendar for consideration tomorrow.


Printed Page 1065 . . . . . Wednesday, February 22, 2017

RECALLED AND COMMITTED

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

Senator DAVIS asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

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

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 456 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-1-50 OF THE 1976 CODE, RELATING TO BEGINNER'S PERMITS, TO PROVIDE THAT A PERSON WHO HOLDS A MOTORCYCLE BEGINNER'S PERMIT WHO HAS FAILED THE MOTORCYCLE DRIVER'S LICENSE TEST THREE OR MORE TIMES MUST SUCCESSFULLY COMPLETE A SOUTH CAROLINA TECHNICAL COLLEGE MOTORCYCLE SAFETY COURSE, OR ITS EQUIVALENT, IN LIEU OF PASSING THE MOTORCYCLE DRIVER'S LICENSE TEST, IN ORDER TO OBTAIN A MOTORCYCLE LICENSE; AND TO AMEND SECTION 56-1-770, RELATING TO POINTS REDUCED FOR COMPLETING A DEFENSIVE DRIVING COURSE, TO PROVIDE THAT ANY DRIVER WITH A CLASS M (MOTORCYCLE) ENDORSEMENT WHO HAS ACCUMULATED POINTS UNDER THE PROVISIONS OF THIS ARTICLE SHALL HAVE THE NUMBER OF HIS POINTS REDUCED BY FOUR UPON PROVING TO THE SATISFACTION OF THE DEPARTMENT OF MOTOR VEHICLES THAT HE HAS


Printed Page 1066 . . . . . Wednesday, February 22, 2017

SUCCESSFULLY COMPLETED A SOUTH CAROLINA TECHNICAL COLLEGE MOTORCYCLE SAFETY COURSE OR ITS EQUIVALENT, TO PROVIDE FOR THE SPECIFICATIONS OF THE COURSE, AND TO PROVIDE THAT NO PERSON'S POINTS MAY BE REDUCED MORE THAN ONE TIME IN ANY THREE-YEAR PERIOD.
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Read the first time and referred to the Committee on Transportation.

S. 457 (Word version) -- Senator Fanning: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO ALLOW BOARD MEMBERS TO RECEIVE A MONTHLY STIPEND IN AN AMOUNT TO BE DETERMINED BY THE BOARD, AND TO REQUIRE ACTUAL ATTENDANCE AT A DULY CONSTITUTED BOARD MEETING IN ORDER TO RECEIVE THE MONTHLY STIPEND.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 458 (Word version) -- Senator Goldfinch: A BILL TO AMEND ARTICLE 11, CHAPTER 13, TITLE 50 OF THE 1976 CODE, RELATING TO THE SALE AND TRAFFICKING IN FISH, BY ADDING SECTION 50-13-1640, TO PROVIDE CERTAIN TERMS AND THEIR DEFINITIONS RELATED TO CARTILAGINOUS FISH, THEIR PARTS, AND PERSONS WHO SALVAGE THEM FOR BAIT OR HUMAN CONSUMPTION, AND TO PROVIDE PENALTIES FOR PERSONS WHO UNLAWFULLY SALVAGE FOR BAIT OR HUMAN CONSUMPTION CERTAIN CARTILAGINOUS FISH.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 459 (Word version) -- Senator Talley: A SENATE RESOLUTION TO CONGRATULATE KALEB CHAPMAN FOR HIS REMARKABLE ACCOMPLISHMENTS IN THE BOY SCOUTS OF AMERICA AND


Printed Page 1067 . . . . . Wednesday, February 22, 2017

TO SALUTE HIM UPON ACHIEVING THE CELEBRATED RANK OF EAGLE SCOUT, THE HIGHEST AWARD IN SCOUTING.
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The Senate Resolution was adopted.

H. 3349 (Word version) -- Reps. Erickson and B. Newton: A BILL TO AMEND ARTICLE 15, CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NURSE LICENSURE COMPACT, SO AS TO REVISE THE PROVISIONS OF THE COMPACT TO REFLECT CHANGES MANDATED FOR MEMBERSHIP IN THE COMPACT.

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

H. 3438 (Word version) -- Reps. Henderson, G. M. Smith, Sandifer, Hiott, Loftis and Robinson-Simpson: A BILL TO AMEND SECTION 39-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE DRUG PRODUCT SELECTION ACT, SO AS TO CHANGE THE DEFINITION OF "SUBSTITUTE" TO INCLUDE INTERCHANGEABLE BIOLOGICAL PRODUCTS; TO AMEND SECTION 39-24-30, RELATING TO THE SUBSTITUTION OF EQUIVALENT DRUGS, SO AS TO ALLOW A PHARMACIST TO SUBSTITUTE AN INTERCHANGEABLE BIOLOGICAL PRODUCT FOR A SPECIFIC BIOLOGICAL PRODUCT; TO AMEND SECTION 39-24-40, AS AMENDED, RELATING TO THE SUBSTITUTION OF PRESCRIPTIONS BY PHARMACISTS, SO AS TO ALLOW PHARMACISTS TO SUBSTITUTE INTERCHANGEABLE BIOLOGICAL PRODUCTS WHEN APPROPRIATE; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS IN THE PHARMACY PRACTICE ACT, SO AS TO ADD DEFINITIONS FOR "BIOLOGICAL PRODUCT" AND "INTERCHANGEABLE"; AND TO AMEND SECTION 40-43-86, RELATING IN PART TO LABEL REQUIREMENTS FOR PRESCRIPTIONS, SO AS TO INCLUDE INTERCHANGEABLE BIOLOGICAL PRODUCTS AND LIMIT USE OF INTERCHANGEABLE BIOLOGICAL PRODUCTS NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, TO REQUIRE PHARMACIES TO KEEP RECORDS OF DISPENSED BIOLOGICAL PRODUCTS, TO REQUIRE THE BOARD OF PHARMACY TO HAVE A DATABASE


Printed Page 1068 . . . . . Wednesday, February 22, 2017

OF ALL APPROVED BIOLOGICAL PRODUCTS, AND TO MAKE CONFORMING CHANGES.

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

H. 3583 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE STUDENTS ELIGIBLE FOR THE AWARD MAY ELECT TO DEFER ENROLLMENT IN AN ELIGIBLE FOUR-YEAR INSTITUTION FOR TWO ACADEMIC YEARS AFTER GRADUATION, WITHOUT DECLINING THE AWARD; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT, REGARDLESS OF ITS EFFECTIVE DATE, MUST BE CONSTRUED TO APPLY TO STUDENTS WHO GRADUATE IN THE SPRING OF 2017.

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

H. 3591 (Word version) -- Reps. Govan, J. E. Smith, Allison, Erickson, G. R. Smith, Felder, Douglas, Martin, Ridgeway, Robinson-Simpson, Yow, Williams, Wheeler, Loftis, D. C. Moss, Henegan, Ryhal, Jordan, Fry, Ballentine, Henderson, Crawford, S. Rivers, Herbkersman, W. Newton, Anthony, Lowe, Arrington, Thayer, Duckworth, Putnam, Gagnon, White, Simrill, McCoy, Stavrinakis, Elliott, Daning, Crosby, Sottile, Cogswell, Neal, McKnight, Hart, McEachern, West, Bamberg, Anderson, Hayes, Norrell, Cobb-Hunter, Davis, B. Newton, Ott, Hosey, Knight, Jefferson, Brown and Gilliard: A BILL TO AMEND SECTION 59-152-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BENCHMARKS AND OBJECTIVES REQUIRED AS PART OF THE FIRST STEPS TO SCHOOL READINESS COMPREHENSIVE LONG-RANGE INITIATIVE, SO AS TO PROVIDE THE BENCHMARKS AND OBJECTIVES MUST BE APPROVED BY THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES AND POSTED ON THE INTERNET WEBSITE OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS; TO AMEND SECTION 59-152-33, RELATING TO THE FIRST STEPS TO SCHOOL READINESS ASSESSMENT, SO AS TO IMPOSE CERTAIN REQUIREMENTS FOR REPORTING AND USE OF THE RESULTS OF THE ASSESSMENT; TO AMEND SECTION 59-152-50, AS AMENDED, RELATING TO MISCELLANEOUS REPORTING REQUIREMENTS, SO AS TO


Printed Page 1069 . . . . . Wednesday, February 22, 2017

REVISE THE REQUIREMENTS; TO AMEND SECTION 59-152-70, AS AMENDED, RELATING TO FIRST STEP PARTNERSHIP BOARDS, SO AS TO PROVIDE THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS ANNUALLY SHALL PUBLISH THE COMPREHENSIVE PLANS OF THESE BOARDS ON THE INTERNET WEBSITE OF THE OFFICE, TO LIMIT THE PERIOD OF TIME IN WHICH LOCAL OFFICES MAY INCREASE THEIR ESTABLISHED OVERHEAD COST RATES, AND TO PROVIDE LOCAL PARTNERSHIPS THAT ARE NOT PART OF MULTICOUNTY PARTNERSHIPS AND EXCEED THEIR OVERHEAD COST RATES ARE INELIGIBLE TO RECEIVE STATE FUNDS; TO AMEND SECTION 63-11-1710, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO REQUIRE THE BOARD ANNUALLY TO PROVIDE ACCOUNTABILITY REPORTS REQUIRED OF STATE AGENCIES; TO AMEND SECTION 63-11-1720, AS AMENDED, RELATING TO THE STATE OFFICE OF FIRST STEPS STUDY COMMITTEE, SO AS TO DELETE PROVISIONS CONCERNING THE COMMITTEE AND TO PROVIDE FOR LEGISLATIVE REVIEW OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS IF THE OFFICE IS NOT REVIEWED BY THE HOUSE AND SENATE OVERSIGHT COMMITTEES WITHIN A PROSCRIBED TIME PERIOD; TO AMEND SECTION 63-11-1740, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS, SO AS TO REQUIRE THE BOARD TO SUBMIT JUSTIFICATIONS AND RECOMMENDATIONS REGARDING THE SALARY OF ITS EXECUTIVE DIRECTOR TO THE AGENCY HEAD SALARY COMMISSION; AND TO REPEAL SECTION 63-11-1735 RELATING TO THE BABYNET INTERAGENCY EARLY INTERVENTION SYSTEM.

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

H. 3619 (Word version) -- Reps. Atwater and Erickson: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO DEFINE THE TERM "COMPANION ANIMAL"; AND BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TATTOOING OR PIERCING OF A COMPANION ANIMAL EXCEPT FOR SPECIFIED REASONS AND, WHEN


Printed Page 1070 . . . . . Wednesday, February 22, 2017

AUTHORIZED, PERFORMED BY SPECIFIED PERSONS, AND TO PROVIDE CRIMINAL PENALTIES FOR A VIOLATION WHICH IS A MISDEMEANOR.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3665 (Word version) -- Reps. Hixon, Kirby, Hewitt, Atkinson, Sottile, Cogswell, Yow, Wheeler and Forrest: A BILL TO AMEND SECTION 50-5-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIZE LIMITS FOR CERTAIN FISH THAT MAY BE LAWFULLY TAKEN, POSSESSED, LANDED, SOLD, OR PURCHASED, SO AS TO INCREASE THE SIZE LIMIT FOR FLOUNDER THAT MAY BE LAWFULLY TAKEN, POSSESSED, LANDED, SOLD, OR PURCHASED.

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

H. 3698 (Word version) -- Reps. V. S. Moss, Duckworth, Forrest, Hiott and Hixon: A BILL TO AMEND SECTION 50-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOGRAPHICAL BOUNDARIES FOR CERTAIN BODIES OF WATER, SO AS TO PROVIDE GEOGRAPHIC BOUNDARIES FOR THE PORTION OF THE INTRACOASTAL WATERWAY LOCATED IN HORRY COUNTY AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 50-5-1556, RELATING TO LOCATIONS WHERE STRIPED BASS MAY BE TAKEN, SO AS TO REVISE THE PERIODS OF TIME WHEN STRIPED BASS MAY BE TAKEN IN VARIOUS BODIES OF WATER; AND TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, SO AS TO REVISE THE PERIOD OF TIME WHEN STRIPED BASS MAY BE TAKEN WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR LIMITS FOR THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR THE TAKING OF STRIPED BASS IN THE SANTEE RIVER, AND TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A STUDY OF THE


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STRIPED BASS FISHERY ON THE SANTEE AND COOPER RIVER SYSTEMS.

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

H. 3808 (Word version) -- Reps. Clemmons, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, 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, B. Newton, W. Newton, 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 HONOR CANCER PATIENTS, SURVIVORS AND THEIR FAMILIES, TO REMEMBER THOSE PEOPLE WHO HAVE BEEN LOST TO CANCER, AND TO DECLARE TUESDAY, MARCH 7, 2017, AS "SUITS AND SNEAKERS DAY" IN SOUTH CAROLINA.

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

REPORTS OF STANDING COMMITTEES

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 105 (Word version) -- Senators Rankin and Goldfinch: A BILL TO AMEND SECTION 1-23-600 OF THE 1976 CODE, RELATING TO HEARINGS AND PROCEEDINGS IN CONTESTED CASES IN THE ADMINISTRATIVE LAW COURT, TO PROVIDE THAT A STAY OF AN AGENCY ORDER REMAINS IN EFFECT FOR THIRTY DAYS, RATHER THAN FOR AN UNDETERMINED TERM, OR UNTIL AN ORDER HAS BEEN ISSUED REGARDING A PRELIMINARY INJUNCTION; TO REVISE THE PROCEDURE


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FOR STAYS CONCERNING THE REVOCATION, SUSPENSION, OR RENEWAL OF A LICENSE AND PAYMENT OF FINES; TO DELETE THE PROVISION THAT THE COURT SHALL LIFT THE STAY FOR GOOD CAUSE SHOWN OR IF NO IRREPARABLE HARM WILL OCCUR AND ALSO DELETE THE REQUIREMENT THAT A HEARING MUST BE HELD WITHIN THIRTY DAYS TO LIFT THE AUTOMATIC STAY OR FOR A DETERMINATION OF THE APPLICABILITY OF THE AUTOMATIC STAY; TO PROVIDE THAT ANY PRELIMINARY INJUNCTION ORDERED BY THE ADMINISTRATIVE LAW COURT MAY REQUIRE THE POSTING OF A BOND OR OTHER SUFFICIENT SECURITY; AND TO EXEMPT STATE AGENCIES FROM THE REQUIREMENT TO POST A BOND UNDER THIS SECTION.

Ordered for consideration tomorrow.

Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

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


Printed Page 1073 . . . . . Wednesday, February 22, 2017

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.

Ordered for consideration tomorrow.

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

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 PROVIDE THAT CERTAIN REPORTS MUST CONTAIN A


Printed Page 1074 . . . . . Wednesday, February 22, 2017

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.

Ordered for consideration tomorrow.


Printed Page 1075 . . . . . Wednesday, February 22, 2017

Senator SHEALY from the General Committee polled out H. 3010 favorable:

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

Poll of the General Committee
Polled 15; Ayes 14; Nays 1; Abstain 0; Not Voting 0

AYES

Shealy                    Sheheen                   Young
Allen                     Climer                    Gambrell
Talley                    Goldfinch                 Johnson
Scott                     Turner                    McElveen
Timmons                   McLeod

Total--14

NAYS

Fanning

Total--1

Ordered for consideration tomorrow.

Privilege of the Chamber

On motion of Senator DAVIS, the Privilege of the Chamber, to that area behind the rail, was extended to Solicitor Donald V. Myers upon the occasion of his retirement.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDED, READ THE SECOND TIME

S. 107 (Word version) -- Senators Campsen, Hutto, Massey and Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,


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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),


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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, AND 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 Bill, the question being the adoption of the committee amendment.


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Amendment No. P1

Senator MALLOY proposed the following amendment (JUD0107.008), which was subsequently withdrawn:

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 perfecting amendment.

Motion Adopted

On motion of Senator MALLOY, with unanimous consent, the Senate proceeded to a consideration of Amendment No. P7.

Amendment No. P7

Senators CAMPSEN, MALLOY and SETZLER proposed the following amendment (JUD0107.018), which was adopted:

Amend the committee report, as and if amended, page [107-3], by striking lines 34 through 41, in Section 8-13-1314(A)(1), as contained in SECTION 5 and inserting therein the following:

/     (1)   a contribution which exceeds:

(a)   three thousand five hundred dollars in the case of a candidate for statewide office; or

(b)   three thousand five hundred dollars in the aggregate for statewide candidates elected jointly pursuant to Article IV, Section 8 of the South Carolina Constitution; or

(c)   one thousand dollars in the case of a candidate for any other office;     /

Amend the committee amendment further, as and if amended, page [107-4], by striking lines 10 through 25, in Section 8-13-1315(B) and (C), as contained in SECTION 5 and inserting therein the following:

/     campaign."     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the perfecting amendment.

The amendment was adopted.


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Motion Adopted

On motion of Senator MALLOY, with unanimous consent, Amendment No. P1 was withdrawn.

Amendment No. P6

Senator SETZLER proposed the following amendment (107.NGS.P2), which was adopted:

Amend the committee amendment, as and if amended, by striking SECTION 24 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the perfecting amendment.

The amendment was adopted.

Amendment No. P8

Senator MALLOY proposed the following amendment (JUD0107.016), which was tabled, reconsidered and subsequently withdrawn:

Amend the committee amendment, as and if amended, page [107-7], after line 15, by inserting the following appropriately numbered SECTION to read:

/     SECTION   ___.   (A)   Section 1-3-20 of the 1976 Code is amended to read:

"Section 1-3-20.   The Governor shall receive such an annual salary as may be provided by the General Assembly of $139,339."

(B)   Section 1-3-610 of the 1976 Code is amended to read:

"Section 1-3-610.   The Lieutenant Governor shall receive such an annual salary as may be provided by the General Assembly of $91,609."/

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the perfecting amendment.

Senator MASSEY spoke on the perfecting amendment.

Senator MASSEY moved to lay the amendment on the table.

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

Ayes 32; Nays 11


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AYES

Alexander                 Bennett                   Campbell
Climer                    Corbin                    Courson
Cromer                    Davis                     Gambrell
Goldfinch                 Gregory                   Grooms
Hembree                   Hutto                     Johnson
Kimpson                   Leatherman                Martin
Massey                    Matthews, John            Nicholson
Peeler                    Rankin                    Rice
Senn                      Setzler                   Shealy
Talley                    Timmons                   Turner
Verdin                    Young

Total--32

NAYS

Allen                     Fanning                   Malloy
Matthews, Margie          McElveen                  McLeod
Reese                     Sabb                      Scott
Sheheen                   Williams

Total--11

The amendment was laid on the table.

Amendment No. P9

Senator MALLOY proposed the following amendment (JUD0107.017), which was withdrawn:

Amend the committee amendment, as and if amended, page [107-7], after line 15, by inserting the following appropriately numbered SECTION to read:

/     SECTION   ___.   (A)   Section 1-3-20 of the 1976 Code is amended to read:

"Section 1-3-20.   The Governor shall receive such an annual salary as may be provided by the General Assembly based upon the recommendation of the Agency Head Salary Commission."

(B)   Section 1-3-610 of the 1976 Code is amended to read:

"Section 1-3-610.   The Lieutenant Governor shall receive such an annual salary as may be provided by the General Assembly based upon the recommendation of the Agency Head Salary Commission."     /


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Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the perfecting amendment.

Senator MALLOY asked unanimous consent to make a motion to amend the amendment to add all other Constitutional Officers.

There was no objection and the amendment was amended.

Senator MASSEY moved to lay the amendment on the table.

  Point of Order

Senator SETZLER raised a Point of Order that the motion was out of order inasmuch as Senator MASSEY did not have the floor.

The PRESIDENT overruled the Point of Order.

The question then was the motion to table Amendment No. P9.

Motion Adopted

On motion of Senator MASSEY, with unanimous consent, the motion to table Amendment No. P9 was withdrawn.

Senator MASSEY spoke on the perfecting amendment.

Senator SHEHEEN spoke on the perfecting amendment.

Senator SETZLER spoke on the perfecting amendment.

Senator MALLOY spoke on the perfecting amendment.

Motion Adopted

Senator MALLOY asked unanimous consent to withdraw Amendment No. P9.

There was no objection.

Motion Adopted

Having voted on the prevailing side, Senator SETZLER moved to reconsider the vote whereby Amendment No. P8 was laid on the table.

Amendment No. P8 was reconsidered.

RECESS

At 1:59 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed 5 minutes.


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At 2:15 P.M., the Senate resumed.

Motion Adopted

On motion of Senator MALLOY, with unanimous consent, Amendment No. P8 was withdrawn.

There was no objection.

Amendment No. P10

Senator MALLOY proposed the following amendment (107R004.SP.GM), which was adopted:

Amend the committee amendment, as and if amended, by striking SECTION 47 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the perfecting amendment.

The amendment was adopted.

The question then was the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD0107.002), which was adopted:

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

  /     PART I

Joint Election of Governor and Lieutenant Governor

SECTION   1.   Article 3, Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Section 1-3-125.   Beginning with the Lieutenant Governor elected in the 2018 General Election, in the case of the Lieutenant Governor's impeachment, death, resignation, disqualification, disability, or removal from the State, the Governor shall appoint, with the advice and consent of the Senate, a successor to fulfill the unexpired term."

SECTION   2.   Article 1, Chapter 11, Title 7 of the 1976 Code is amended by adding:

"Section 7-11-12.   (A)   A person nominated for the office of Governor by primary or convention, or seeking the office of Governor as a petition candidate must designate a qualified elector to be elected jointly as Lieutenant Governor.


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(B)   A designee for Lieutenant Governor must possess all of the qualifications required to hold the office of Governor.

(1)   The appropriate political party shall determine if its gubernatorial candidate's Lieutenant Governor designee is qualified.

(2)   The State Election Commission shall determine whether a gubernatorial petition candidate's Lieutenant Governor designee is qualified.

(C)   No later than August 1, a gubernatorial candidate's designation for Lieutenant Governor must be in writing and filed either with the appropriate political party, or, in the case of a petition candidate, with the State Election Commission.

(D)   No later than August 10, a Lieutenant Governor designee must provide:

(1)   to the State Election Commission:

(a)   a copy of the gubernatorial candidate's written designation for Lieutenant Governor, and

(b)   a completed statement of intention of candidacy; and

(2)   to the State Ethics Commission:

(a)   a copy of the completed statement of intention of candidacy; and

(b)   a current filed statement of economic interests.

(E)(1)   If after being designated and before the general election the Lieutenant Governor candidate dies, becomes disqualified, or resigns for a legitimate nonpolitical reason as defined in Section 7-11-50, the gubernatorial candidate must make a substitution for the Lieutenant Governor candidate no later than ten days after the death, disqualification, or resignation occurs in the format provided in subsection (C).

(2)   If a Lieutenant Governor candidate is substituted as provided in item (1) of this subsection, the substituted Lieutenant Governor candidate must file the documents required in subsection (D) no later than ten days after the substitution is made.

(3)   The substitutions authorized in items (1) and (2) may be made after the general election if the death, disqualification, or resignation occurs before the general election. If the death, disqualification, or resignation occurs after the general election, the vacancy must be filled as provided in Section 1-3-125 by the Governor elect.

(F)   If the Lieutenant Governor candidate is not designated as provided in this section, the party or petition candidate for Governor shall not have his name placed on the ballot for the general election.


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(G)   A Lieutenant Governor candidate is not required to pay a separate filing fee.

(H)   The provisions of Sections 7-11-10 and 7-11-210 are not applicable to a Lieutenant Governor candidate.

(I)   If a Lieutenant Governor candidate has solicited or received contributions for another elective office, he must comply with the provisions of Sections 8-13-1350 and 8-13-1352. Any contributions transferred to the single candidate committee of the Governor and Lieutenant Governor elected jointly must comply with the requirements of Section 8-13-1314(A)."

SECTION   3.   Article 3, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-315.   The State Election Commission shall ensure that the Governor and Lieutenant Governor must be elected jointly so that each voter casts a single vote to elect a Governor and Lieutenant Governor."

  PART II

Campaign Contributions for Governor and Lieutenant Governor

SECTION   4.   Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1301.   For purposes of this article, candidates elected jointly as provided in Article IV, Section 8 of the South Carolina Constitution must be considered a single candidate. The gubernatorial candidate is responsible for:

(1)   establishing a single candidate committee for contributions solicited and received for the Governor and Lieutenant Governor elected jointly, and

(2)   complying with the requirements of Article 13 of Chapter 13 of Title 8 for the committee established for the joint election."

SECTION   5.   Section 8-13-1314 of the 1976 Code is amended to read:

"Section 8-13-1314   (A)   Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:

(1)   a contribution which exceeds:

(a)   three five thousand five hundred dollars in the case of a candidate for statewide office; or


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(b)   five thousand dollars in the aggregate for statewide candidates elected jointly pursuant to Article IV, Section 8 of the South Carolina Constitution; or

(c)   one thousand dollars in the case of a candidate for any other office;

(2)   a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3)   a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4)   contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B)   The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign.

(C)   The limitations on contributions in subsection (A)(1) must be adjusted each odd-numbered year by multiplying the contribution amount by the cumulative Consumer Price Index and rounding it to the nearest one hundred dollar amount. For purposes of this section, 'Consumer Price Index' means the Southeastern Consumer Price Index All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics. The contribution limitations must only be increased and not decreased.

(1)   The State Ethics Commission must determine the cumulative increase in the Consumer Price Index and determine the adjustment, if any, to be made in the contribution limitations.

(2)   By no later than February fifteenth of each even numbered year, the State Ethics Commission must publicly announce any increase in contribution limitations and publish the adjusted contribution limitations on its website."

  PART III

Time Extensions for Filing

SECTION   6.   Section 7-11-15 of the 1976 Code is amended to read:

"Section 7-11-15   (A)   In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth as provided in this section. If March thirtieth is on a Saturday or Sunday, the time for filing


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extends to the next regular business day. For purposes of this section and Section 7-13-45, 'next regular business day' means a day that is not a Saturday, Sunday, or legal holiday.

(1)   Except as otherwise provided in this section, candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy, and party pledge and submit any filing fees with the State Election Commission.

(2)   Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy and party pledge and submit any filing fees with the State Election Commission or county board of voter registration and elections in the county of their residence. The state executive committees must certify candidates pursuant to Section 7-13-40.

(3)   Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy and party pledge and submit any filing fees with the county board of voter registration and elections in the county of their residence.

(B)   Except as provided herein, the election commission board of voter registration and elections with whom the documents in subsection (A) are filed must provide a copy of all statements of intention of candidacy, the party pledge, receipt and filing fees, to the appropriate political party executive committee within two days following the deadline for filing. If the second day falls on Saturday, Sunday, or a legal holiday, the statement of intention of candidacy, party pledge, and filing fee must be filed by noon the following day that is not a Saturday, Sunday, or legal holiday. No candidate's name may appear on a primary election ballot, convention slate of candidates, general election ballot, or special election ballot, except as otherwise provided by law, if (1) the candidate's statement of intention of candidacy and party pledge has not been filed with the county board of voter registration and elections or State Election Commission, as the case may be, as well as any filing fee, by the deadline and (2) the candidate has not been certified by the appropriate political party as required by Sections 7-13-40 and 7-13-350, as applicable. The candidate's name must appear if the candidate produces the signed and dated copy of his timely filed statement of intention of candidacy. An error or omission by a person seeking to qualify as a candidate pursuant to this section that is not directly related to a constitutional or statutory qualification for that office must be construed in a manner that favors the person's access to the ballot.


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(C)   The statement of intention of candidacy required in this section and in Section 7-13-190(B) must be on a form designed and provided by the State Election Commission. This form, in addition to all other information, must contain an affirmation that the candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office sought. The candidate or his agent must file three a signed copies statement of intention of candidacy and the election commission with whom it is filed must stamp each copy the statement with the date and time received, keep one copy the original statement, return one provide a copy to the candidate, and send one provide a copy to the appropriate political party executive committee.

(D)   The candidate or his agent must file three a signed copies of the party pledge, as required pursuant to Section 7-11-210, and the election commission with whom it is filed must stamp each copy the party pledge with the date and time received, return one provide a copy to the candidate, and send one provide a copy to the appropriate political party executive committee.

(E)   The candidate must sign a receipt for the filing fee, and the election commission with whom it the filing fee is filed must issue a receipt for the filing fee, stamp the receipt with the date and time the filing fee was received, provide one a copy to the candidate or his agent, and provide one a copy to the appropriate political executive party. The filing fee must be made payable to the appropriate political party.

(F)   If, after the closing of the time for filing the documents required pursuant to this section, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee.

(G)   The county chairman of a political party and the chairman of the state executive committee of a political party may designate a person to observe the filings made at the election commission pursuant to this section.

(H)   The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."


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SECTION   7.   Section 7-13-45 of the 1976 Code is amended to read:

"Section 7-13-45.   (A)   In every general election year, the Executive Director of the State Election Commission and the director of each county board of voter registration and elections shall:

(1)   establish regular hours of not less than four hours a day accept filings during the final seventy-two hours the regular business hours on the regular business days of the filing period in which the director or some person he designates must be present to accept filings as required by Section 7-11-15;

(2)   place an advertisement to appear two weeks before the filing period begins in a newspaper of general circulation in the county at least five by seven inches in size that notifies the public of the dates of the filing periods, the offices which may be filed for, the place and street address where filings may be made, and the hours that an authorized person will be present to receive filings."

  PART IV

Lieutenant Governor Conforming Amendments

SECTION   8.   Section 1-3-620 of the 1976 Code is amended to read:

"Section 1-3-620.   Beginning with the term of the Lieutenant Governor elected in 1982, the duties of such office shall be part-time. Beginning with the term of the Lieutenant Governor elected in the 2018 General Election, except when otherwise provided by law, the Lieutenant Governor shall perform the duties pertaining to the office of Governor as assigned by the Governor. The office of the Lieutenant Governor is a division of the office of the Governor."

SECTION 9.   Section 1-17-20 of the 1976 Code is amended to read:

"Section 1-17-20.   The standing Committee on Interstate Cooperation of the Senate shall consist of five Senators. The members and chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. The Lieutenant Governor may serve ex officio as one of the five members of this Committee."

SECTION   10.   Section 1-23-125(B) of the 1976 Code is amended to read:

"(B)   If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:

(1)   withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the


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Lieutenant Governor President of the Senate, but any a regulation not resubmitted within thirty days is considered permanently withdrawn;

(2)   withdraw the regulation permanently; or

(3)   take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned."

SECTION   11.   Section 1-23-125(D) of the 1976 Code is amended to read:

"(D)   This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by members other than the committees to which regulations are initially referred by the Lieutenant Governor President of the Senate or the Speaker of the House of Representatives."

SECTION   12.   Section 2-3-30 of the 1976 Code is amended to read:

"Section 2-3-30.   Except for legislative days which that, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall must be paid fifty ($50.00) dollars subsistence expenses for each legislative day. Provided, such subsistence allowance shall must be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day."

SECTION   13.   Section 2-3-90 of the 1976 Code is amended to read:

"Section 2-3-90.   The Senate and House of Representatives shall also, at the same time, each for itself, shall elect a reading clerk, a sergeant at arms, and an assistant sergeant at arms. Should a vacancy occur in the sergeant at arms or assistant sergeant at arms while the General Assembly is not in session, the Lieutenant Governor President of the Senate or the Speaker of the House is authorized to appoint for their respective Houses a sergeant at arms or assistant sergeant at arms until the convening of the next General Assembly."

SECTION   14.   Section 7-11-30(A) of the 1976 Code, as last amended by Act 196 of 2014, is further amended to read:

"(A)   A party may choose to change from nomination of candidates by primary to a method to nominate candidates by convention for all offices including, but not limited to, Governor, Lieutenant Governor, United States Senator, United States House of Representatives, Circuit Solicitor, State Senator, and members of the State House of Representatives if:

(1)   there is a three-fourths vote of the total membership of the convention to use the convention nomination process; and


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(2)   a majority of voters in that party's next primary election approve the use of the convention nomination process."

SECTION   15.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, and Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then shall proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise shall meet at the same time at the county seat and shall in the same manner shall proceed to organize as the county board of canvassers for the election of the federal officers."

SECTION   16.   Section 8-11-260(k) of the 1976 Code is amended to read:

"(k)   staff of the Office of the Lieutenant Governor who report directly to the Lieutenant Governor."

SECTION   17.   Section 8-17-370(19) of the 1976 Code is amended to read:

"(19)   employees of the Office of the Lieutenant Governor if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor."

SECTION   18.   Section 10-1-40 of the 1976 Code is amended to read:

"Section 10-1-40.   There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor President of the Senate and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee."

SECTION   19.   Section 14-27-20(10) of the 1976 Code is amended to read:


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"(10) the Lieutenant Governor President of the Senate or his designee;"

SECTION   20.   Section 14-27-30 of the 1976 Code is amended to read:

"Section 14-27-30.   The Chief Justice of the Supreme Court shall appoint the following members to the Judicial Council: the two circuit court judges; the two family court judges; the two probate judges; the two summary court judges; the two masters-in-equity; the Attorney General or one of the Assistant Attorneys General or one of the circuit solicitors; the Dean or member of the faculty of the Law School of the University of South Carolina; one person recommended by the Charleston School of Law; and the six remaining members of the Judicial Council.

The Lieutenant Governor President of the Senate, the Speaker of the House or their designees, the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees, the Director of the Legislative Council, and the President of the South Carolina Bar or his designee all serve ex officio."

SECTION   21.   Section 14-27-40(2) of the 1976 Code is amended to read:

"(2)   The Lieutenant Governor President of the Senate, Speaker of the House or their designees, and the Chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee or their designees serve during their respective terms as those officers."

SECTION   22.   Section 14-27-80 of the 1976 Code is amended to read:

"Section 14-27-80.   The duties performed by the Chief Justice of the Supreme Court, or other member of that court designated by him, by the circuit judges, inferior court judges and probate judges, by members of the legal department of the State, and by the Lieutenant Governor President of the Senate, Speaker of the House, legislative members, director of the Legislative Council and dean of the Law School of the University of South Carolina shall be performed as a part of the duties of their respective offices."

SECTION   23.   Section 44-56-840(A) of the 1976 Code is amended to read:

"Section 44-56-840.   (A)   There is created a Hazardous Waste Management Select Oversight Committee to monitor funds generated


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from the fees imposed under Section 44-56-170(C) and (E) and designated for the fund under Section 44-56-810. The committee shall oversee the research efforts and projects approved for funding by the foundation. Notwithstanding any other provision of law, the committee is composed of:

(1)   the Governor or his designee;

(2)   the Chairman of the House Agriculture and Natural Resources Committee or his designee;

(3)   the Chairman of the Senate Agriculture and Natural Resources Committee or his designee;

(4)   the Chairman of the House Labor, Commerce and Industry Committee or his designee;

(5)   the Chairman of the Senate Labor, Commerce and Industry Committee or his designee;

(6)   the Director of the Department of Health and Environmental Control or his designee;

(7)   one member representing business and industry appointed by the Governor;

(8)   one public member appointed by the Governor; and

(9)   one member representing environmental interests appointed by the Governor;

(10)   the Lieutenant Governor or his designee."

SECTION   24.   Section 54-7-100 of the 1976 Code is amended to read:

"Section 54-7-100.   A committee of ten nine members of the 'Hunley Commission' shall be appointed, three of whom must be members of the House of Representatives to be appointed by the Speaker, three of whom must be members of the Senate to be appointed by the President Pro Tempore of the Senate, and three members to be appointed by the Governor. The tenth member of the commission shall be the Lieutenant Governor to serve ex officio, or his designee. The committee shall make a study of the law regarding the rights to the salvage of the Hunley and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to negotiate with appropriate representatives of the United States government concerning the recovery, curation, siting, and exhibition of the H.L. Hunley. Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the


Printed Page 1093 . . . . . Wednesday, February 22, 2017

custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission; and provided further, that with respect to the Hunley project that the Hunley Commission shall be exempt from compliance with the provisions of Chapter 35, Title 11. However, the committee may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement.

The committee shall make recommendations regarding the appropriate method of preservation of this historic vessel and is also authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the State against claims regarding this vessel. The committee shall submit a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley to the General Assembly for its review and approval.

The committee members shall not receive the subsistence, mileage, and per diem as may be provided by law for members of boards, committees, and commissions."

SECTION   25.   Section 59-6-15(A) of the 1976 Code is amended to read:

"(A)   There is created the Business-Education Partnership for Excellence in Education and a permanent standing subcommittee of the partnership for the purpose of reviewing the implementation of the South Carolina Education Improvement Act of 1984 and recommending other major education initiatives.

The Business-Education Partnership for Excellence in Education consists of the following persons:

(1)   Thirty-two prominent civic and business leaders of which fourteen are appointed by the Governor; six appointed by the State Superintendent of Education; three appointed by the Speaker of the House of Representatives; three appointed by the President of the Senate;


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three appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and three appointed by the Chairman of the Education Committee of the Senate;

(2)   Twenty educators of which eight are appointed by the State Superintendent of Education; four appointed by the Governor; two appointed by the Speaker of the House of Representatives; two appointed by the President of the Senate; two appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and two appointed by the Chairman of the Education Committee of the Senate;

(3)   Lieutenant Governor or his designee;

(4)   Chairman of the Committee on Children or his designee;

(5)(4)   Chairman of the Education Oversight Committee or his designee;

(6)(5)   The Governor and State Superintendent of Education shall serve as ex officio members.

The term of office of the members of the Business-Education Partnership must be four years except that of those first appointed an equal number must serve terms of two, three, and four years respectively as determined by lot. Except in those cases where the term of a member of the Business-Education Subcommittee has not expired, no member of the Business-Education Partnership may serve more than two consecutive terms. The number of appointments provided for in items (1) and (2) above must be reduced proportionately by the membership requirements of subsection (B).

The chairman of the Business-Education Partnership for Excellence in Education must be elected by the members of the partnership and must be chosen from among the thirty-two business and civic leaders serving on the partnership. The Business-Education Partnership must meet at the call of the chairman but not less than quarterly. The Governor must preside at all regular and special meetings of the partnership in which he is in attendance; at those meetings at which the Governor is not in attendance the State Superintendent of Education must preside, and in the absence of the superintendent, the chairman of the partnership must preside.

The partnership in conjunction with the State Department of Education may cause to be held statewide public forums for the purpose of fostering open discussions regarding the impact of the Education Improvement Act on the state's education system and education reform in general."


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  PART V

Office or Division on Aging and Related Provisions

SECTION   26.   Section 1-11-720(A)(9) of the 1976 Code is amended to read:

"(9)   local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration;"

SECTION   27.   Section 9-1-10(11)(g) of the 1976 Code is amended to read:

"(g)   an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration."

SECTION   28.   Section 9-1-10(14) of the 1976 Code is amended to read:

"(14)   'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor Department of Administration."

SECTION   29.   Section 29-4-60(D) of the 1976 Code is amended to read:

"(D) The Office of the Governor Department of Administration, Division on Aging shall provide independent consumer information on reverse mortgages and their alternatives."

SECTION   30.   Section 43-21-10 of the 1976 Code is amended to read:

"Section 43-21-10.   There is created in the Office of the Lieutenant Governor Department of Administration, the Division on Aging. The division must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations


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may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities."

SECTION   31.   Section 43-21-20 of the 1976 Code is amended to read:

"Section 43-21-20.   The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.

The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1 3 240, and the reason for the termination must be communicated to each member of the council."

SECTION   32.   Section 43-21-45 of the 1976 Code is amended to read:

"Section 43-21-45.   The Office of the Lieutenant Governor Department of Administration, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network."


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SECTION   33.   Section 43-21-60 of the 1976 Code is amended to read:

"Section 43-21-60.   The division shall submit an annual report to the Lieutenant Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year."

SECTION   34.   Section 43-21-70 of the 1976 Code is amended to read:

"Section 43-21-70.   The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240."

SECTION   35.   Section 43-21-100 of the 1976 Code is amended to read:

"Section 43-21-100.   The division shall prepare the budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval."

SECTION   36.   Section 43-21-130(A)(1) of the 1976 Code is amended to read:

"(1)   the Lieutenant Governor or his designee;"

SECTION   37.   Section 43-21-190(2) of the 1976 Code is amended to read:

"(2)   make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;"

SECTION   38.   Section 44-21-130(A)(1) of the 1976 Code is amended to read:

"(1) the Lieutenant Governor or his designee;"

SECTION   39.   Section 44-21-190(2) of the 1976 Code is amended to read:

"(2) make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;"

SECTION   40.   Section 44-36-20(21) of the 1976 Code is amended to read:

"(21) Alzheimer's Disease and Related Disorders Resource Coordination Center, Office of the Governor Department of Administration, Division on Aging;"

SECTION   41.   Section 44-36-50 of the 1976 Code is amended to read:


Printed Page 1098 . . . . . Wednesday, February 22, 2017

"Section 44-36-50.   The registry shall submit an annual report to the Office of the Governor Department of Administration, Division on Aging, Alzheimer's Disease and Related Disorders Resource Coordination Center, the Department of Health and Environmental Control, and the Office of Research and Statistics of the Revenue and Fiscal Affairs Office."

SECTION   42.   Section 44-36-310 of the 1976 Code is amended to read:

"Section 44-36-310.   There is created in the Office of the Lieutenant Governor Department of Administration, Division on Aging, the Alzheimer's Disease and Related Disorders Resource Coordination Center to provide statewide coordination, service system development, information and referral, and caregiver support services to individuals with Alzheimer's disease and related disorders, their families, and caregivers."

SECTION   43.   Section 44-36-320(7) of the 1976 Code is amended to read:

"(7)   submit an annual report to the Chairman of the Medical Affairs Committee of the Senate and the Chairman of the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives in addition to publishing the report on the Lieutenant Governor's website."

SECTION   44.   Section 44-36-330 of the 1976 Code is amended to read:

"Section 44-36-330.(A)   The Alzheimer's Disease and Related Disorders Resource Coordination Center must be supported by an advisory council appointed by the Lieutenant Governor including, but not limited to, representatives of:

(1)   Alzheimer's Association Chapters;

(2)   American Association of Retired Persons;

(3)   Clemson University;

(4)   Department of Disabilities and Special Needs;

(5)   Department of Health and Environmental Control;

(6)   Department of Mental Health;

(7)   Department of Social Services;

(8)   Department of Health and Human Services;

(9)   Medical University of South Carolina;

(10)   National Association of Social Workers, South Carolina Chapter;

(11)   South Carolina Adult Day Care Association;


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(12)   South Carolina Association of Area Agencies on Aging;

(13)   South Carolina Association of Council on Aging Directors;

(14)   South Carolina Association of Nonprofit Homes for the Aging;

(15)   South Carolina Association of Residential Care Homes;

(16)   South Carolina Health Care Association;

(17)   South Carolina Home Care Association;

(18)   South Carolina Hospital Association;

(19)   South Carolina Medical Association;

(20)   South Carolina Nurses' Association;

(21)   Statewide Alzheimer's Disease and Related Disorders Registry;

(22)   University of South Carolina;

(23)   South Carolina State University.

(B)   Members of the advisory council are not entitled to mileage, per diem, subsistence, or any other form of compensation."

  PART VI

Code Commissioner's Report

SECTION   45.   On or before January 1, 2019, the Code Commissioner shall 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.

  PART VII

Severability

SECTION   46.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

  PART VIII

Repeal

SECTION 47.   Section 59-127-470 of the 1976 Code is repealed.


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  PART IX

Effective Dates

SECTION   48.   PARTS I and II of this act take effect upon approval by the Governor and are applicable to the 2018 General Election. PARTS III, IV, and V take effect on January 1, 2019. All other PARTS take effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Amendment No. 2

Senator HUTTO proposed the following amendment (107R001.SP.CBH), which was adopted:

Amend the bill, as and if amended, by striking SECTION 12 and inserting:

/SECTION   12.   Section 2-3-30 of the 1976 Code is amended to read:

"Section 2-3-30.   Except for legislative days which that, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall must be paid fifty ($50.00) dollars subsistence expenses for each legislative day as provided by law. Provided, such subsistence allowance shall must be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day."/

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 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Climer                    Corbin
Courson                   Cromer                    Davis
Fanning                   Gambrell                  Goldfinch


Printed Page 1101 . . . . . Wednesday, February 22, 2017

Gregory                   Grooms                    Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, Margie          McElveen
McLeod                    Nicholson                 Peeler
Rankin                    Rice                      Sabb
Scott                     Senn                      Setzler
Shealy                    Sheheen                   Talley
Timmons                   Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

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

Motion Adopted

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

MOTION ADOPTED

On motion of Senators COURSON and CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Furman Raymond Younginer of Irmo, S.C. Furman was a lifelong resident of Irmo where he served on Town Council and was later elected Mayor for sixteen years. He served in the U. S. Army during World War II and worked for CN&L Railroad for many years. Furman was active in the Irmo community by serving on numerous boards including the Lexington County Hospital Board, the Irmo Ruritan Club and the Greater Irmo Chamber of Commerce. He was a lifelong member of the Irmo Pentecostal Holiness Church. Furman was a loving father, doting grandfather and devoted community member who will be dearly missed.


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ADJOURNMENT

At 2:26 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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