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Journal Senate State of South Carolina NO. 4 JOURNAL OF THE SENATE OF THE STATE OF SOUTH CAROLINA REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2017 _________ THURSDAY, JANUARY 12, 2017 Thursday, January 12, 2017 (Statewide Session) Indicates Matter Stricken Indicates New Matter The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator CROMER. (This is a Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.) CO-SPONSORS ADDED The following co-sponsors were added to the respective Bills: S. 218 Sens. Alexander, Bennett INTRODUCTION OF BILLS AND RESOLUTIONS The following were introduced: S. 250 -- 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. l:\council\bills\bbm\9578dg17.docx Read the first time and referred to the Committee on Finance. S. 251 -- Senator Kimpson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF MARCHITTA LORRAINE FRAYER, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS. l:\s-res\mek\023marc.kmm.mek.docx The Senate Resolution was adopted. S. 252 -- Senators Setzler, Young and Massey: A SENATE RESOLUTION TO RECOGNIZE AND HONOR FRELICIA TUCKER [SJ] 1 THURSDAY, JANUARY 12, 2017 OF AIKEN AND TO CONGRATULATE HER ON WINNING THE WENDY'S HIGH SCHOOL HEISMAN. l:\s-res\ngs\004frel.kmm.ngs.docx The Senate Resolution was adopted. S. 253 -- Senators Setzler and Young: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF REVEREND EVERETTE CHANDLER, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS. l:\s-res\ngs\005past.kmm.ngs.docx The Senate Resolution was adopted. S. 254 -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "OWN RISK AND SOLVENCY ASSESSMENT ACT" BY ADDING ARTICLE 8 TO CHAPTER 13, TITLE 38 SO AS TO EXPRESS THE PURPOSE OF THIS ACT, TO DEFINE NECESSARY TERMS, TO REQUIRE AN INSURER TO MAINTAIN A RISK MANAGEMENT FRAMEWORK FOR CERTAIN PURPOSES, TO REQUIRE AN INSURER OR INSURANCE GROUP OF WHICH AN INSURER IS A MEMBER TO CONDUCT AN OWN RISK AND SOLVENCY ASSESSMENT (ORSA) ON NO LESS THAN AN ANNUAL BASIS, TO REQUIRE AN INSURER OR INSURANCE GROUP TO SUBMIT AN ORSA REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO DESCRIBE WHAT THE REPORT MUST CONTAIN, TO PROVIDE EXEMPTIONS FROM THE REPORTING PROVISIONS IN CERTAIN CIRCUMSTANCES AND TO ALLOW AN INSURER TO APPLY FOR A WAIVER UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH THAT THE ORSA REPORT BE PREPARED IN A MANNER CONSISTENT WITH THE ORSA GUIDANCE MANUAL, TO PROVIDE THAT ALL DOCUMENTS, MATERIALS, AND INFORMATION CREATED UNDER THE OWN RISK AND SOLVENCY ASSESSMENT ACT ARE CONFIDENTIAL, TO PROHIBIT THE DIRECTOR OR ANYONE WHO RECEIVES ORSA-RELATED INFORMATION FROM TESTIFYING IN A PRIVATE CIVIL ACTION CONCERNING THE CONFIDENTIAL INFORMATION, TO PERMIT THE DIRECTOR TO TAKE CERTAIN ACTIONS CONCERNING HIS REGULATORY DUTIES, TO PROVIDE A PENALTY FOR AN INSURER WHO FAILS TO FILE THE ORSA SUMMARY REPORT, AND TO SET AN [SJ] 2 THURSDAY, JANUARY 12, 2017 EFFECTIVE DATE FOR THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 38-21-10, AS AMENDED, RELATING TO DEFINED TERMS FOR THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DEFINE THE TERM "SUPERVISORY COLLEGE". l:\council\bills\nbd\11019cz17.docx Read the first time and referred to the Committee on Banking and Insurance. H. 3398 -- Reps. Jefferson, Howard, Gilliard and Neal: A CONCURRENT RESOLUTION TO RAISE THE AWARENESS OF THE BRADLEY BLAKE FOUNDATION SURROUNDING THE ISSUE OF GUN VIOLENCE AND TO DECLARE THE MONTH OF JUNE 2017, "GUN VIOLENCE AWARENESS MONTH". The Concurrent Resolution was introduced and referred to the Committee on Judiciary. H. 3400 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR KATHERINE "KATIE" JOHNSON, A SOUTH CAROLINA NATIVE AND FORMER SLAVE WHO LEFT A LEGACY FOR HER DESCENDANTS THAT STILL RESOUNDS AND INSPIRES TODAY. The Concurrent Resolution was adopted, ordered returned to the House. H. 3402 -- 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 Concurrent Resolution was introduced and referred to the Committee on Medical Affairs. H. 3454 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE AND CELEBRATE SOUTH CAROLINA SON CAMDEN RIVIERE FOR HIS IMPRESSIVE ACCOMPLISHMENT OF WINNING THE 2016 REAL TENNIS WORLD CHAMPIONSHIP AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS. [SJ] 3 THURSDAY, JANUARY 12, 2017 The Concurrent Resolution was adopted, ordered returned to the House. H. 3456 -- Reps. Fry, Henegan, Yow, Crawford, Hewitt, Felder, Hardee, Erickson, Jordan, Jefferson, M. Rivers, Huggins, Ott, Douglas, Bennett, Davis, Lowe and Thayer: A CONCURRENT RESOLUTION TO DECLARE JANUARY 2017 AS "HUMAN TRAFFICKING AWARENESS MONTH" IN SOUTH CAROLINA AND TO ENCOURAGE ALL EFFORTS TO RAISE AWARENESS OF, AND OPPOSITION TO, HUMAN TRAFFICKING IN ALL OF ITS FORMS. The Concurrent Resolution was introduced and referred to the Committee on Judiciary. H. 3457 -- Reps. Govan, J. E. Smith, Williams and Yow: A CONCURRENT RESOLUTION TO DECLARE MARCH 6, 2017, THE ANNIVERSARY OF THE DATE OF THE FINAL SIEGE AND FALL OF THE ALAMO FORTRESS IN SAN ANTONIO, TEXAS, AS "ALAMO DAY" IN SOUTH CAROLINA TO HONOR AND REMEMBER THE SEVEN BRAVE SOUTH CAROLINIANS, INCLUDING WILLIAM BARRET TRAVIS AND JAMES BUTLER BONHAM, WHO DIED IN THIS FIGHT FOR FREEDOM AND INDEPENDENCE. The Concurrent Resolution was introduced and referred to the General Committee. HOUSE CONCURRENCE S. 108 -- Senators Campsen, Malloy and Hembree: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 1, 2017, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, UPON HIS SWEARING IN AS CHIEF JUSTICE OF THE SUPREME COURT, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JULY 31, 2020; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2017; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2017; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, UPON HIS ELECTION TO THE COURT OF APPEALS, CHIEF JUDGE, SEAT 5, AND THE SUCCESSOR WILL FILL THE UNEXPIRED [SJ] 4 THURSDAY, JANUARY 12, 2017 TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2022; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 2, UPON HIS RETIREMENT ON OR BEFORE FEBRUARY 10, 2017, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2021; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 2, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2022; TO ELECT A JUDGE TO A NEWLY CREATED SEAT ON THE FAMILY COURT, AT-LARGE, SEAT 7, WHOSE TERM WILL BE FROM JULY 1, 2017, UNTIL JUNE 30, 2023; TO ELECT A JUDGE TO A NEWLY CREATED SEAT ON THE FAMILY COURT, AT-LARGE, SEAT 8, WHOSE TERM WILL BE FROM JULY 1, 2017, UNTIL JUNE 30, 2023; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, UPON HIS RETIREMENT ON OR BEFORE JUNE 30, 2017, THE SUCCESSOR WILL FILL A NEW TERM OF THAT OFFICE WHICH WILL EXPIRE ON JUNE 30, 2022. Returned with concurrence. Received as information. THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR. READ THE THIRD TIME SENT TO THE HOUSE The following Resolution was read the third time and ordered sent to the House of Representatives: S. 42 -- Senators Bryant, Gambrell and Hembree: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS ATTENDING TOWNVILLE ELEMENTARY SCHOOL IN ANDERSON COUNTY SCHOOL DISTRICT 4, FOLLOWING THE TRAGIC EVENTS THAT OCCURRED ON SEPTEMBER 28, 2016, ARE EXEMPT FROM THE MAKE-UP [SJ] 5 THURSDAY, JANUARY 12, 2017 REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO DISRUPTIONS BE MADE UP. REPORT RECEIVED Judicial Merit Selection Commission Report of Candidate Qualifications for Fall 2016 Date Draft Report Issued: Thursday, January 12, 2017 Date and Time Final Report Issued: Noon, Tuesday January 17, 2017 Judicial candidates are not free to seek or accept commitments until Tuesday, January 17, 2017, at Noon. Judicial Merit Selection Commission Rep. G. Murrell Smith Jr. Chairman Erin B. Crawford, Chief Counsel Sen. George E. “Chip” Campsen III Vice-Chairman Emma Dean, Counsel Sen.
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