South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

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Tuesday, February 12, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 62:8: "Pour out your heart before him; God is a refuge for us."
Let us pray. All powerful and loving God, give us courage to hear You and do Your will. Provide us with the tools to care for those in our area of responsibility. May we be examples of good leadership and integrity. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of the Reverend Doctor Leroy Cain, Sr., a former Assistant Sergeant at Arms for the House of Representatives, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3193
Agency: Labor, Licensing and Regulation - Panel for Dietetics
Statutory Authority: 1976 Code Sections 40-1-70 and 40-20-50
Licensure and regulation of persons engaging in the practice of dietetics within the State of South Carolina
Received by Speaker of the House of Representatives

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February 11, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration January 17, 2009

REPORTS OF STANDING COMMITTEES

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4654 (Word version) -- Reps. Stavrinakis, Whipper, Breeland, R. Brown, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 7 AND 171 IN CHARLESTON COUNTY THE "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BARRETT S. LAWRIMORE MEMORIAL INTERSECTION".
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4655 (Word version) -- Reps. R. Brown, Stavrinakis, Breeland, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY THAT CONTAIN THE WORDS "CURTIS B. INABINETT, SR. INTERSECTION".
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4470 (Word version) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W. D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-

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6-3680 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR THE PURCHASE, INSTALLATION, OR IMPROVEMENT OF A FIRE SPRINKLER SYSTEM AND TO PROVIDE THE ADMINISTRATION OF THE CREDIT; TO AMEND SECTION 5-31-670, RELATING TO MUNICIPAL AND SPECIAL SERVICE DISTRICT WATER SYSTEMS, SO AS TO LIMIT CHARGES FOR SEPARATE LINES FOR FIRE SPRINKLER SYSTEMS TO ACTUAL COSTS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS FOR THE FIRST FIFTY THOUSAND DOLLARS OF THE COST OF ADDING TO AND UPGRADES OF FIRE SPRINKLER SYSTEMS IN MANUFACTURING ESTABLISHMENTS IN EXISTENCE BEFORE JULY 1, 2008; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO DEPRECIATION ALLOWED IN THE VALUATION OF MANUFACTURING PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A TWENTY PERCENT ANNUAL DEPRECIATION FOR THE ADDITION OR UPGRADE OF A FIRE SPRINKLER SYSTEM INSTALLED OR UPGRADED IN A MANUFACTURING ESTABLISHMENT IN EXISTENCE BEFORE JULY 1, 2008, AND TO ALLOW THIS COST TO BE COMPLETELY DEPRECIATED; AND TO AMEND SECTION 23-9-40, RELATING TO THE DUTIES OF THE STATE FIRE MARSHAL, SO AS TO ADD AUTHORITY RELATING TO FIRE SPRINKLER SYSTEMS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4666 (Word version) -- Rep. Whitmire: A HOUSE RESOLUTION TO COMMEND AND HONOR RODDEY STOUDEMIRE OF OCONEE COUNTY FOR HER INVALUABLE SERVICE TO THE STATE OF SOUTH CAROLINA UPON HER RETIREMENT AS TENTH CIRCUIT COORDINATOR FOR THE GUARDIAN AD LITEM

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PROGRAM AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4667 (Word version) -- Reps. Miller, Anderson, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE GEORGETOWN COUNTY LIBRARY IN THE CITY OF GEORGETOWN ON BEING AWARDED A 2007 NATIONAL MEDAL FOR MUSEUM AND LIBRARY SERVICE, TO COMMEND THE LIBRARY FOR THE OUTSTANDING JOB IT DOES IN SERVING THE CITIZENS OF GEORGETOWN COUNTY, AND TO WISH THIS VENERABLE INSTITUTION MUCH CONTINUED SUCCESS IN THE FUTURE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

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CONCURRENT RESOLUTION

On motion of Rep. WITHERSPOON, with unanimous consent, the following was taken up for immediate consideration:

H. 4668 (Word version) -- Reps. Witherspoon and Hardwick: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S MARINAS FOR THEIR VITAL ROLE IN PROVIDING A GATEWAY TO BOATING FOR THE CITIZENS AND VISITORS OF SOUTH CAROLINA, AND TO RECOGNIZE AUGUST 9, 2008, AS NATIONAL MARINA DAY TO HONOR MARINAS FOR THEIR MANY CONTRIBUTIONS.

Whereas, the members of the South Carolina General Assembly place a high value on recreation time and the ability to access one of America's greatest natural resources, its waterways; and

Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to denote a recreational boating facility; and

Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing a safe, reliable gateway to boating for citizens and welcomed guests; and

Whereas, South Carolina's marinas also serve as stewards of the environment, actively seeking to protect the surrounding waterways not only for enjoyment of this generation but for generations to come; and

Whereas, providing South Carolinians and visitors with a place where friends and families can come together for recreation, rest, and relaxation, marinas are integral to the South Carolina way of life. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, commend South Carolina's marinas for their vital role in providing a gateway to boating for the citizens and visitors of South

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Carolina, and recognize August 9, 2008, as National Marina Day to honor marinas for their many contributions.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Marine Association.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4669 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE, MOPED, BICYCLE, OR ANOTHER LIGHT DUTY VEHICLE MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS MASS, WEIGHT, OR SIZE.
Referred to Committee on Education and Public Works

H. 4670 (Word version) -- Reps. Limehouse, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-300 SO AS TO CREATE WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE BUREAU OF CONSUMER SAFETY, TO PROVIDE THAT THIS BUREAU SHALL ESTABLISH A REGISTER OF COUNTRIES AND OTHER JURISDICTIONS OUTSIDE THE UNITED STATES THAT FAIL ADEQUATELY TO PROVIDE FOR HEALTH AND SAFETY IN THE MANUFACTURE OF TOYS, GAMES, AND CLOTHING FOR CHILDREN AND HEALTH AND BEAUTY AIDS FOR ALL AGES THAT ARE SHIPPED TO OR THROUGH THIS STATE, TO PROVIDE THAT THE BUREAU SHALL CONDUCT HEALTH AND SAFETY INSPECTIONS OF CONSIGNMENTS OF THESE GOODS FROM COUNTRIES OR OTHER JURISDICTIONS ON THE REGISTER, TO PROVIDE THAT GOODS PASSING INSPECTION MAY BE TRANSSHIPPED AND GOODS FAILING

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INSPECTION ARE DESTROYED, TO PROVIDE FOR APPEALS, AND TO PROVIDE THAT THE BUREAU BY REGULATION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL IMPOSE INSPECTION FEES SUFFICIENT TO OFFSET THE ENTIRE COST OF THE OPERATIONS OF THE BUREAU.
Referred to Committee on Ways and Means

H. 4671 (Word version) -- Rep. Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-263 SO AS TO REQUIRE A NURSING HOME TO CARRY A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS LIABILITY INSURANCE POLICY.
Referred to Committee on Labor, Commerce and Industry

H. 4672 (Word version) -- Rep. White: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO MOVE FORWARD FROM JULY 1, 2011, TO JULY 1, 2008, THE EXEMPTION ALLOWED FOR CONSTRUCTION MATERIALS USED IN THE CONSTRUCTION OR EXPANSION OF A MANUFACTURING OR DISTRIBUTION FACILITY AND TO REDUCE FROM ONE HUNDRED MILLION TO FIFTY MILLION DOLLARS THE MINIMUM INVESTMENT REQUIRED TO RECEIVE THE EXEMPTION; TO AMEND ACT 384 OF 2006, RELATING TO MISCELLANEOUS REVENUE PROVISIONS, SO AS TO CONFORM A PHASE-IN PROVISION FOR THE CONSTRUCTION MATERIALS SALES TAX EXEMPTION AMENDMENT IN THIS ACT; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE THE DEFINITION OF MANUFACTURING PROPERTY WITH RESPECT TO WAREHOUSING AND DISTRIBUTION FACILITIES OWNED OR LEASED BY A MANUFACTURER.
Referred to Committee on Ways and Means

H. 4673 (Word version) -- Reps. Cooper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-9-61 SO AS TO PROVIDE FOR THE AWARDING OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS

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PAYABLE BY THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY USING THE FORMULA AND CRITERIA FOR CALCULATING SUCH INCREASES USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 9-1-1810, AS AMENDED, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT UNDER AND RETIREMENT BENEFITS PAID BY THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO REFERENCE THE COST-OF-LIVING ADJUSTMENT IN THOSE BENEFITS PAYABLE PURSUANT TO SECTION 9-9-61 OF THE 1976 CODE AS ADDED BY THIS ACT AND TO FURTHER DEFINE "EARNABLE COMPENSATION" FOR PURPOSES OF THAT SYSTEM; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO PROVIDE A GUARANTEED TWO PERCENT ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES, TO MAKE THE PROVISIONS OF THIS ACT UNSEVERABLE, AND TO PROVIDE THE ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD FOR THIS ACT TO BECOME EFFECTIVE.
Referred to Committee on Ways and Means

H. 4674 (Word version) -- Reps. Cato, Scarborough, McLeod and Perry: A BILL TO AMEND SECTION 38-38-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNANCE OF FRATERNAL BENEFIT SOCIETIES BY CHAPTER 38, TITLE 38,

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SO AS TO PROVIDE THAT CERTAIN ASSOCIATIONS IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL ARE EXEMPTED FROM THE PROVISIONS OF CHAPTER 38; AND TO AMEND SECTION 38-38-730, RELATING TO EXEMPTION FROM THE REGULATION OF CERTAIN ASSOCIATIONS AND SOCIETIES BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD A CERTAIN ASSOCIATION IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL.
Referred to Committee on Labor, Commerce and Industry

H. 4675 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-360 SO AS TO ALLOW LIMITED ON-PREMISES AND OFF-PREMISES TASTINGS, AND TO PROVIDE REGULATIONS ON THE SALE, PURCHASE, AND TRANSPORT OF BEER BY PRODUCERS.
Referred to Committee on Labor, Commerce and Industry

H. 4680 (Word version) -- Reps. Walker, Anthony, W. D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.
Referred to Committee on Education and Public Works

H. 4682 (Word version) -- Reps. W. D. Smith, Anthony and F. N. Smith: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SALES TO ANY ENTITY OF THE SOUTH CAROLINA STATE GOVERNMENT FROM STATE-IMPOSED SALES TAXES AND

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TO PROVIDE REVENUE ADJUSTMENTS TO HOLD HARMLESS EDUCATION FUNDING AND THE HOMESTEAD EXEMPTION FUND.
Referred to Committee on Ways and Means

H. 4683 (Word version) -- Reps. Young, Cobb-Hunter and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-212 SO AS TO IMPOSE A TWENTY-FIVE DOLLAR SURCHARGE ON ALL FINES AND FORFEITURES FOR MISDEMEANOR TRAFFIC VIOLATIONS AND FOR NONTRAFFIC VIOLATIONS IMPOSED IN COURTS OF GENERAL SESSIONS, MAGISTRATES COURTS, AND MUNICIPAL COURTS, TO PROVIDE THAT THIS SURCHARGE MAY NOT BE VOIDED, REDUCED, OR SUSPENDED, AND TO PROVIDE THE DISPOSITION AND USES OF THE REVENUES OF THIS SURCHARGE.
Referred to Committee on Ways and Means

H. 4684 (Word version) -- Rep. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-205 SO AS TO PROVIDE THAT COVERAGE UNDER A HEALTH INSURANCE POLICY FOR PROVIDERS OF AN EMERGENCY AMBULANCE SERVICE OR PREHOSPITAL HEALTH CARE PROVIDER MAY BE ASSIGNED BY THE INSURED TO THESE PROVIDERS AND A POLICY ISSUED IN THIS STATE MUST PROVIDE FOR THE ASSIGNMENT OF THESE RIGHTS AND BENEFITS IN THE POLICY.
Referred to Committee on Labor, Commerce and Industry

S. 535 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION EVERY FOUR YEARS OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY BEGINNING FEBRUARY 1, 2008.
Referred to Committee on Labor, Commerce and Industry

S. 936 (Word version) -- Senators McConnell, Hayes, Martin, Thomas, O'Dell, Ford and Knotts: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

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UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS, AND CHAPTER 4 OF TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE--BANK DEPOSITS AND COLLECTIONS, SO AS TO, INTER ALIA, ACCOMMODATE THE LAW TO TECHNOLOGICAL ADVANCES IN THE PROCESSES OF COLLECTION AND PAYMENT OF CHECKS BY PROVIDING FOR ELECTRONIC PRESENTMENT OF INSTRUMENTS, RETENTION WARRANTIES, AND ENCODING WARRANTIES, AND BY DEFINING A BANK'S DUTY OF ORDINARY CARE IN COLLECTION AND PAYMENT OF CHECKS TO FOLLOW THE COMMERCIALLY REASONABLE AND ACCEPTED PRACTICE THAT PROCESSING CHECKS BY AUTOMATED MEANS DOES NOT NORMALLY RESULT IN A BREACH OF THE BANK'S DUTY TO EXERCISE ORDINARY CARE BY FAILING TO EXAMINE A CHECK; TO REFORM THE RULES ALLOCATING LOSSES RESULTING FROM CHECK FRAUD BY APPLYING THE DOCTRINE OF COMPARATIVE FAULT IN DETERMINING A BANK'S LIABILITY FOR LOSSES RESULTING FROM THE BANK'S IMPROPER PAYMENT OF A CHECK BEARING AN UNAUTHORIZED SIGNATURE OR ALTERATION, AND THE RULES APPLICABLE IN IMPOSTER AND FICTITIOUS PAYEE CASES, EMPLOYERS' RESPONSIBILITY FOR FRAUDULENT ENDORSEMENTS BY EMPLOYEES, AND ISSUES THAT ARISE IN CONVERSION CLAIMS; PROTECT CONSUMERS BY PRESERVING THE RIGHTS OF A CONSUMER ISSUING A NOTE TO ASSERT AGAINST A TRANSFEREE OF THE INSTRUMENT CLAIMS AND DEFENSES THAT THE CONSUMER HAS AGAINST THE ORIGINAL PAYEE, REGULATE REMOTELY CREATED CONSUMER ITEMS AND PROVIDE THAT A PERSON WHO TRANSFERS OR PRESENTS THE ITEM WARRANTS THAT THE CONSUMER ON WHOSE ACCOUNT THE ITEM IS DRAWN AUTHORIZED THE ISSUANCE AND AMOUNT OF THE ITEM, AND PROTECT THE MAKER OF A NOTE THAT HAS BEEN ASSIGNED WHO PAYS THE ASSIGNOR, UNLESS THE MAKER HAS RECEIVED ADEQUATE NOTIFICATION OF THE ASSIGNMENT; PROVIDE THAT VARIABLE INTEREST RATE NOTES QUALIFY AS INSTRUMENTS THAT CAN BE NEGOTIATED TO HOLDERS IN DUE COURSE; AND ADDRESS CASHIER'S CHECKS, TELLER'S CHECKS, AND CERTIFIED CHECKS INCLUDING DELINEATION OF THE RIGHTS OF THE OWNER OF A CHECK THAT HAS BEEN LOST, DESTROYED,
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OR STOLEN AND THE LIABILITY OF A BANK THAT WRONGFULLY REFUSES TO PAY THE CHECK.
Referred to Committee on Judiciary

S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
Referred to Committee on Ways and Means

S. 1066 (Word version) -- Senators Leatherman, Setzler, Knotts and Cromer: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY, TO RE-AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT TO EXPEND CERTAIN MONIES FOR THE RELOCATION, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE MARKET TO THE WALKER TRACT IN RICHLAND COUNTY, AND TO AUTHORIZE THE COMMISSIONER TO IMPLEMENT A STATEWIDE FARMERS' MARKET PLAN.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4676 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE HALEIGH CHAPPELL, 2007 PRE-TEEN SOUTH CAROLINA (SENIOR), OF CALHOUN FALLS AND TO HONOR THIS TWELVE-YEAR-OLD FOR SETTING AND REACHING NUMEROUS PERSONAL GOALS

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AND FOR MANY HOURS OF SIGNIFICANT SERVICE TO HER COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4677 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE NINE-YEAR-OLD LOGAN DEANE MORRIS, 2007 PRE-TEEN SOUTH CAROLINA (JUNIOR), OF INMAN AND TO HONOR HER FOR SETTING AND REACHING NUMEROUS PERSONAL GOALS AND FOR MANY HOURS OF SIGNIFICANT SERVICE TO HER COMMUNITY AND CHURCH.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4678 (Word version) -- Reps. Hosey and Sellers: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BLACKVILLE-HILDA HIGH SCHOOL VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2007 DIVISION II CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Blackville-Hilda High School varsity football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized

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and commended for capturing the 2007 Division II Class A State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4679 (Word version) -- Reps. Hosey and Sellers: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE BLACKVILLE-HILDA HIGH SCHOOL VARSITY FOOTBALL TEAM OF BARNWELL COUNTY FOR A WINNING SEASON AND FOR CAPTURING THE 2007 DIVISION II CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE SUCCESS OF THE PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4681 (Word version) -- Reps. Knight, Hutson and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION REMOVE THE SIGNS THAT CONTAIN THE WORDS "THE MINUS BRIDGE" THAT WERE ERECTED AT THE BRIDGE THAT CROSSES FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY PURSUANT TO H. 5232 OF 2004, AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS "ORIGINALLY CHARTERED TO AND BUILT BY GEORGE MUCKENFUSS 1792-1813 AS A TOLL ROAD. CHARTERED TO THE MINUS AND HARLEY FAMILIES 1813-1862".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 933 (Word version) -- Senators Ceips and Leventis: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES

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CONGRESS TO REQUEST THAT THE ENVIRONMENTAL PROTECTION AGENCY STUDY PORT ROYAL SOUND AS A CANDIDATE FOR THE NATIONAL ESTUARY PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1078 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING NORTHSIDE ELEMENTARY SCHOOL OF THE ARTS FOR RECEIVING THE KENNEDY CENTER CREATIVE TICKET AWARD.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1086 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS AND VISION OF THE FOUNDERS OF THE MATHER SCHOOL OF BEAUFORT COUNTY AND TO COMMEND THE MATHER SCHOOL LOW COUNTRY ALUMNI AND ASSOCIATES FOR PRESERVING THE HISTORY OF THE SCHOOL FOR POSTERITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1087 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF JASPER COUNTY SHERIFF BENJAMIN RILEY AND

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TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY, HIS MANY FRIENDS, AND HIS COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1088 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF FAIRY MORRIS, ONE OF TILLMAN'S CHERISHED CITIZENS, UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER MANY MORE YEARS OF PROSPERITY AND HAPPINESS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1089 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA ON THE TWENTIETH ANNIVERSARY OF ITS DISCOVERERS AWARD PROGRAM, WHICH EACH YEAR HONORS SCIENTISTS WHOSE TIRELESS RESEARCH AND DEVELOPMENT OF NEW PHARMACEUTICALS HAVE GREATLY BENEFITED PEOPLE ALL OVER THE WORLD.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Printed Page 1137 . . . . . Tuesday, February 12, 2008

Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

Printed Page 1138 . . . . . Tuesday, February 12, 2008

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 12.

Marion Frye                       Patsy Knight
Bakari Sellers                    David Mack
Harold Mitchell                   Jackson "Seth" Whipper

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. M. SMITH a leave of absence for the week to try a case in Federal Court.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. William Hueston of Charleston was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Printed Page 1139 . . . . . Tuesday, February 12, 2008

CO-SPONSOR ADDED

Bill Number:   H. 3059 (Word version)
Date:   ADD:
02/12/08   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3059 (Word version)
Date:   ADD:
02/12/08   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3094 (Word version)
Date:   ADD:
02/12/08   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/12/08   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/12/08   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3301 (Word version)
Date:   ADD:
02/12/08   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
02/12/08   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 4496 (Word version)
Date:   ADD:
02/12/08   SCOTT

Printed Page 1140 . . . . . Tuesday, February 12, 2008

CO-SPONSOR ADDED

Bill Number:   H. 4594 (Word version)
Date:   ADD:
02/12/08   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4620 (Word version)
Date:   ADD:
02/12/08   STAVRINAKIS

CO-SPONSOR ADDED

Bill Number:   H. 4628 (Word version)
Date:   ADD:
02/12/08   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3853 (Word version)
Date:   ADD:
02/12/08   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 4157 (Word version)
Date:   ADD:
02/12/08   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
02/12/08   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3094 (Word version)
Date:   ADD:
02/12/08   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 4474 (Word version)
Date:   ADD:
02/12/08   ERICKSON

Printed Page 1141 . . . . . Tuesday, February 12, 2008

H. 4520--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, February 19, which was adopted:

H. 4520 (Word version) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J. H. Neal, Ott, Owens, Williams and Spires: A BILL TO AMEND SECTION 59-147-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF REVENUE BONDS BY COLLEGES AND UNIVERSITIES, SO AS TO CLARIFY AND FURTHER SPECIFY WHAT FACILITIES ARE ELIGIBLE TO BE FINANCED UNDER THE HIGHER EDUCATION REVENUE BOND ACT; AND TO REPEAL SECTION 59-147-120 RELATING TO CERTAIN LIMITATIONS ON THE ISSUANCE OF REVENUE BONDS.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy, Bryant and Knotts: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.

Rep. SANDIFER explained the Bill.

H. 3059--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3059 (Word version) -- Reps. M. A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley, Viers, Weeks, Clemmons and J. R. Smith: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO

Printed Page 1142 . . . . . Tuesday, February 12, 2008
AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7519AHB08), which was adopted:
Amend the bill, as and if amended, by deleting Section 16-17-725, as contained in SECTION 1, page 1, lines 26 through 40, and inserting:
/   "Section 16-17-725.   (A)   It is unlawful for any a person to knowingly make a false complaint, or after notice of a criminal investigation to give false information to any a law enforcement officer concerning the alleged commission of any a crime by another, or for any a person to knowingly give false information to any a rescue squad or fire department concerning the alleged occurrence of a health emergency or fire.

(B)   It is unlawful for a person to misrepresent his identification to a law enforcement officer during a traffic stop or for the purpose of avoiding arrest or criminal charges.

(C)   any A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed fined not more than two hundred dollars or by a term of imprisonment not to exceed imprisoned for not more than thirty days." /
Renumber sections to conform.
Amend title to conform

Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4363--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4363 (Word version) -- Reps. Harrison, G. M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE

Printed Page 1143 . . . . . Tuesday, February 12, 2008
LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO
Printed Page 1144 . . . . . Tuesday, February 12, 2008
AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5429CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Printed Page 1145 . . . . . Tuesday, February 12, 2008
/SECTION   1.   Section 1-23-660 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:

"Section 1-23-660.   (A)   There is created within the Administrative Law Court the Division Office of Motor Vehicle Hearings. The chief judge of the Administrative Law Court shall serve as the Director of the Division Office of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division Office of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle adjudicatory functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court prescribes. All employees of the division office shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division office, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division Office of Motor Vehicle Hearings. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and must be filled before the support staff of the division shall assume their functions and duties with the court.

The State Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

Printed Page 1146 . . . . . Tuesday, February 12, 2008

(B)   Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court Office of Motor Vehicle Hearings, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs an officer who requested a breath test and any law enforcement agency that employs a person who acted as a breath test operator resulting in a suspension pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. However, if the Department of Motor Vehicles elects not to appear through a representative at any implied consent hearing, or through the submission of documentary evidence at any habitual offender, financial responsibility, or point suspension hearing, it must first file a motion for reconsideration with the Office of Motor Vehicle Hearings within ten days after receipt of the hearing officer's decision. The hearing officer must issue a written order upon the motion for reconsideration. If, upon consideration of the motion, the hearing officer determines that a rehearing concerning a question of fact is necessary, the Department of Motor Vehicles must appear at the rehearing in order to have the right to appeal the hearing officer's decision. If no rehearing is held, the Department of Motor Vehicles may file a notice of appeal with the Administrative Law Court within thirty days after receipt of the hearing officer's order on the motion for reconsideration. The Administrative Law Court must dismiss any appeal which does not meet the requirements of this subsection. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge.

(C)   The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for the enforcement and administration of those rules and for the issuance of advisory opinions on the requirements of those rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 8-13-320. Notwithstanding another provision of law, an administrative law judge or hearing officer, and the judge's or hearing

Printed Page 1147 . . . . . Tuesday, February 12, 2008
officer's spouse or guest, may accept an invitation to and attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, the legal system, or the administration of justice.

(D)   Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings Recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION   2.   Section 56-1-1030 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-1030.   (A)   When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license.

(b)   If the department finds determines the person to be is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender The notice must provide that a person aggrieved by the department determination may appeal the decision to file a request for a contested case hearing with the Division Office of Motor Vehicle Hearings in accordance with its rules of procedure to prove that the department's determination is incorrect. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings."
SECTION   3.   Section 56-1-1090 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-1090.   No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a)(1)   for a period of five years from the date of a final decision determination by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal after a contested case hearing, the finding determination is sustained upheld by a magistrate the Office of

Printed Page 1148 . . . . . Tuesday, February 12, 2008
Motor Vehicle Hearings, unless the period is reduced to two years as permitted in item (c)(3);

(b)(2)   until financial responsibility requirements are met;

(c)(3)   until, upon petition to the Division of Motor Vehicle Hearings department on a form prescribed by it and for good cause shown, the hearing officer department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after two years have expired from the beginning date of the decision of the department finding the person to be an habitual offender suspension and if the following conditions are met:

(a)   the person must not have had a previous habitual offender suspension in this or another state;

(b)   the person must not have driven a motor vehicle during the habitual offender suspension period;

(c)   the person must not have been convicted of or have charges pending for any alcohol or drug violations committed during the habitual offender suspension period;

(d)   the person must not have been convicted of or have charges pending for any offense listed in Section 56-1-1020 committed during the habitual offender suspension period; and

(e)   the person must not have any other mandatory driver's license suspension that has not yet reached its end date. At this time and after hearing, the hearing officer The department may reduce the five-year period of item (a)(1) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the hearing officer department's determination. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year waiting suspension period has expired and all financial responsibilities other conditions of law have been fulfilled. If the department denies the petition, the person may seek relief from the department's determination by filing a request for a de novo contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.

Printed Page 1149 . . . . . Tuesday, February 12, 2008

(4)   If a person's privilege to operate a motor vehicle is restored pursuant to this section but the department subsequently determines that the person failed to give the required or correct information in his petition or during a hearing, or committed any fraud in making the petition or during his hearing, the department must suspend the person's driver's license pursuant to Section 56-1-240 for the remaining balance of the habitual offender suspension period. The person may seek relief from the department's determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.

(5)   If a person's privilege to operate a motor vehicle is restored pursuant to item (3), and if the person is convicted of a violation of any offense listed in Section 56-1-1020 that occurred during the original five-year habitual offender suspension period, the department must suspend the person's driver's license for the time period by which the habitual offender suspension had been reduced. The person may seek relief from the department's determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4494--POINT OF ORDER

The following Bill was taken up:

H. 4494 (Word version) -- Reps. Harrell, Harrison, Cooper, Walker, Cato, Witherspoon, White and Gambrell: A BILL TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-75-30, RELATING

Printed Page 1150 . . . . . Tuesday, February 12, 2008
TO CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE THAT INTEREST EARNINGS OF THE ENDOWMENT MAY BE USED FOR PROGRAMMATIC SUPPORT IN ACCORDANCE WITH BOARD POLICIES AND GUIDELINES; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE FUNDING DOCUMENTATION AN APPLICATION MUST CONTAIN; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; AND BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES.

POINT OF ORDER

Rep. SELLERS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4368--RECALLED AND REFERRED TO COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. GULLICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works:

H. 4368 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA OUTSTANDING EDUCATIONAL BENEFITS GARNISHMENT ACT" TO PROVIDE THAT A PERSON WHO HAS RECOVERED JUDGMENT IN A COURT AGAINST ANOTHER PERSON TO COLLECT OUTSTANDING EDUCATIONAL BENEFITS HAS A RIGHT TO A WRIT OF GARNISHMENT TO SATISFY THE JUDGMENT HE HAS OBTAINED BY SUBJECTING TO GARNISHMENT SALARY OR WAGES OF THE JUDGMENT

Printed Page 1151 . . . . . Tuesday, February 12, 2008
DEBTOR, TO PROVIDE THE JURISDICTION AND PROCEDURE FOR GARNISHMENT, AND TO DEFINE CERTAIN TERMS.

R. 185, H. 3379--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R185) H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: AN ACT TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT FOR PURPOSES OF MEETING THE HIGH SCHOOL RANK CRITERIA FOR THESE SCHOLARSHIPS, THE EXISTING HIGH SCHOOL RANK OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED IF IT IS CALCULATED PURSUANT TO A STATE-APPROVED STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

Rep. D. C. SMITH explained the Veto.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Coleman
Cooper                 Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Printed Page 1152 . . . . . Tuesday, February 12, 2008

Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kelly
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Weeks
White                  Whitmire               Williams
Young

Total--109

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

HOUSE TO MEET AT 10:30 A.M. TOMORROW

Rep. KENNEDY moved that when the House adjourns, it adjourn to meet at 10:30 a.m. tomorrow, which was agreed to.

Rep. BREELAND moved that the House do now adjourn, which was agreed to.

Printed Page 1153 . . . . . Tuesday, February 12, 2008

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4641 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MARLBORO COUNTY DEPARTMENT OF TRANSPORTATION MAINTENANCE AND ENGINEERING OFFICE BUILDING LOCATED ON SOUTH CAROLINA HIGHWAY 38, IN THE CITY OF BENNETTSVILLE, THE "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING", AND PLACE APPROPRIATE MARKERS OR SIGNS AT THIS BUILDING THAT CONTAIN THE WORDS "WADE R. CROW MAINTENANCE AND ENGINEERING OFFICE BUILDING".

ADJOURNMENT

At 1:13 p.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of the Reverend Doctor Leroy Cain, Sr., a former Assistant Sergeant at Arms of the House of Representatives, to meet at 10:30 a.m. tomorrow.

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