Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Job 28:12: "Where shall wisdom be found?"
Let us pray. Lord, help us to let go of the trivial and cling only to Your love and the important aspects of life. In the daily tasks before these Representatives, give them wisdom to think through problems and the ability to exercise the wisdom that You have given them. In the crucial days of this Session, guide them with Your mighty power to fulfill the needs and desires of the people. Continue Your blessings 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 yesterday, the SPEAKER ordered it confirmed.

Rep. HIOTT moved that when the House adjourns, it adjourn in memory of Tony Johnson of Pickens, which was agreed to.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 4867 (Word version) -- Reps. Cato, Harrell and Haley: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
Ordered for consideration tomorrow.

The following was introduced:

H. 5123 (Word version) -- Reps. Barfield and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONWAY CHRISTIAN SCHOOL GIRLS BASKETBALL TEAM OF HORRY COUNTY FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE PLAYERS AND THEIR COACH FOR CAPTURING THIRD PLACE IN THE 2008 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS STATE TOURNAMENT.

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

The following was introduced:

H. 5124 (Word version) -- Reps. Barfield and Witherspoon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CONWAY CHRISTIAN SCHOOL GIRLS BASKETBALL TEAM OF HORRY COUNTY, WITH THEIR 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 THIRD PLACE IN THE 2008 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS STATE TOURNAMENT.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5125 (Word version) -- Reps. Cato, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, 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, Miller, 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 HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE AMANDA J. MORRIS, UPON THE OCCASION OF HER GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW, AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5126 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE TAYLOR MORRIS OF SPARTANBURG COUNTY AND TO CONGRATULATE HER UPON EARNING THE SOUTH CAROLINA PRETEEN NATIONAL TEENAGER TITLE.

The Resolution was adopted.

The following was introduced:

H. 5127 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, 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, Miller, 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 HOUSE RESOLUTION CONGRATULATING MIKE TOLBERT, FORMER STAR FULLBACK OF THE COASTAL CAROLINA UNIVERSITY FOOTBALL TEAM, ON HIS OUTSTANDING CONTRIBUTIONS TO THE TEAM AND ON BECOMING A MEMBER OF THE SAN DIEGO CHARGERS OF THE NATIONAL FOOTBALL LEAGUE, AND EXTENDING HIM BEST WISHES FOR GREAT SUCCESS AND A LONG CAREER IN PROFESSIONAL FOOTBALL.

The Resolution was adopted.

The following was introduced:

H. 5128 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, 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, Miller, 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 HOUSE RESOLUTION TO COMMEND AND CONGRATULATE JEROME SIMPSON, FORMER STAR WIDE RECEIVER OF THE COASTAL CAROLINA UNIVERSITY FOOTBALL TEAM, ON HIS GREAT ATHLETICISM, INVALUABLE CONTRIBUTIONS TO THE TEAM, AND FOR BEING DRAFTED BY THE CINCINNATI BENGALS IN THE RECENT NFL DRAFT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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                  Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Cobb-Hunter            Coleman
Cooper                 Crawford               Daning
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                 Hutson
Jefferson              Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks
White                  Williams               Witherspoon
Young

I came in after the roll call and was present for the Session on Wednesday, May 7.

William Clyburn                   Bill Cotty
Chip Huggins                      Walton McLeod
Harold Mitchell                   Edward H. "Ted" Pitts
Kit Spires                        Thad Viers
William R. "Bill" Whitmire        William Bowers
Bakari Sellers                    Todd Rutherford
David Mack                        Douglas Jennings
Jackson "Seth" Whipper            Ted Vick

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

Announcement was made that Dr. Susan Keeshan of Columbia was the Doctor of the Day for the General Assembly.

Rep. OTT presented to the House the Calhoun County High School "Saints" Boys Varsity Basketball Team, the 2007-2008 Class A State Champions, their coaches and other school officials.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG PROGRAM; AND TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO PROVIDE THAT A MEDICAL REPORTING OFFICER CONDUCTING DRUG OR ALCOHOL CONFIRMATION TESTS PURSUANT TO 49 C.F.R. 40 MUST REPORT POSITIVE VERIFIED TEST RESULTS TO THE DEPARTMENT OF MOTOR VEHICLES.

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

S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER; AND TO ADD SECTION 40-15-176 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND ISSUANCE OF RESTRICTED PUBLIC HEALTH DENTAL LICENSES FOR OUT-OF-STATE LICENSED DENTISTS WHO WORK IN A GOVERNMENT OR ELEEMOSYNARY ENTITY TO PROVIDE DENTAL CARE TO UNDERSERVED RESIDENTS OF THIS STATE; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSEE IF THE LICENSEE CEASES TO BE EMPLOYED BY A SPECIFIED PROGRAM; TO REQUIRE SUCH LICENSES TO BE RENEWED ANNUALLY; AND TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS CHAPTER.

The following Bill was taken up:

S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12280AC08), which was adopted:
Amend the bill, as and if amended, Section 44-23-10(20) on page 9, line 39 by deleting /afflicted/. So when amended, Section 44-23-10(20) reads:
/   (20)   'Person with a mental illness' means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization./
Renumber sections to conform.
Amend title to conform.

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

Rep. RICE moved to adjourn debate on the Bill, which was agreed to.

The following Bill was taken up:

S. 1174 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM HEALTH FACILITY LICENSURE, SO AS TO EXEMPT HOMESHARE ENHANCED RESPITE PROGRAMS DESIGNATED BY THE DEPARTMENT OF MENTAL HEALTH UNDER CERTAIN CONDITIONS.

Reps. CHALK and HARVIN proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27211BB08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION   ___.   Section 44-7-260(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   A person, business entity, corporation, or association that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. The service is provided for individuals who are elderly, convalescing, or who have a disability."/
Renumber sections to conform.
Amend title to conform.

Rep. CHALK explained the amendment.

Rep. HAYES moved to table the amendment, which was agreed to.

The Bill was read second time and ordered to third reading.

The following Bill was taken up:

S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.

Reps. E. H. PITTS, WHITE and PINSON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12326AC08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   A.   Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2727.   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, must notify and obtain signed statements from the custodial parent or parents or guardian or guardians of each child upon enrollment of the child in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home may provisionally employ a person in order to comply with Section 20-7-680(G) and Section 20-7-2725(D) when an unexpected staff vacancy occurs. Provisional employment may only occur pursuant to the provisions of Section 20-7-2725(D).
B.   Within sixty days of this act's effective date, An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700 of the 1976 Code, must notify and obtain signed statements pursuant to the provisions of Section 20-7-2727 from the custodial parent or parents or guardian or guardians of each child enrolled on this act's effective date in the childcare center, group childcare home, or family childcare home."
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 20-7-2725(D) of the 1976 Code, as added by Act 444 of 1996, is amended to read:

"(D)(1)   To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and, a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history, and a Central Registry check conducted by the department to determine any abuse or neglect perpetrated by the person upon a child. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review online background catch and until such time as the State Law Enforcement Division fingerprint review, the Federal Bureau of Investigation review, and the Central Registry check is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. A person provisionally employed must be under supervision of a nonprovisionally employed person at all times when providing direct care to children. Provisional status must be immediately terminated if the requests for the State Law Enforcement Division fingerprint review, the Federal Bureau of Investigation fingerprint review, and the Central Registry check are not submitted within two business days of employment. If an owner or operator of a childcare facility licensed, registered, or approved under this subarticle violates the requirements of this subsection, the owner or operator may not employ a person provisionally for the succeeding twelve months. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.

(2)   For purposes of this subsection, the department must complete the Central Registry check within two business days after receipt of the request. For all other Central Registry checks required by Section 20-7-680, the department must complete the check within four business days after receipt of the request."/
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

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

Rep. WHITE moved to adjourn debate upon the following Bill until Thursday, May 8, which was adopted:

S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.

Rep. KENNEDY withdrew his request for debate on S. 918 (Word version); however, other requests for debate remained on the Bill.

Rep. MOSS asked unanimous consent to recall H. 4369 (Word version) from the Committee on Judiciary.
Rep. LOFTIS objected.

Rep. HART asked unanimous consent to recall H. 3163 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.

On motion of Rep. TOOLE, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 401 (Word version) -- Senators Setzler and Leatherman: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.

Rep. HART asked unanimous consent to recall H. 4616 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.

Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. GAMBRELL objected.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate Amendments to the following Joint Resolution were taken up for consideration:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate Amendments to the following Bill were taken up for consideration:

S. 642 (Word version) -- Senators Thomas and Anderson: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4548 (Word version) -- Reps. Umphlett, Cobb-Hunter, G. M. Smith, Lowe, Hutson, Jefferson, Toole, Vick, J. H. Neal, Huggins, Haley, Witherspoon, Anderson, Dantzler, Duncan, Knight, Ott, E. H. Pitts, Spires, Williams and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-5 SO AS TO PROVIDE FOR DEFINITIONS FOR PURPOSES OF CHAPTER 13 OF TITLE 50, RELATING TO THE PROTECTION OF FISH; BY ADDING SECTION 50-13-221 SO AS TO PROVIDE FOR CATCH LIMITS, LENGTH LIMITS, AND OTHER REGULATIONS PERTAINING TO STRIPED BASS TAKEN IN THE LOWER SANTEE RIVER AND COOPER RIVER SYSTEMS DURING SPECIFIED PERIODS; TO AMEND SECTION 50-9-1120, AS AMENDED, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO ADD ADDITIONAL POINTS FOR OTHER FISHING VIOLATIONS; TO AMEND SECTION 50-13-285, AS AMENDED, RELATING TO PENALTIES FOR EXCEEDING CERTAIN LIMITS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE PENALTIES APPLY; AND TO REPEAL SECTIONS 50-13-220, 50-13-230, AND 50-13-235 RELATING TO STRIPED BASS CATCH AND TAKING REQUIREMENTS.

Reps. WITHERSPOON and UMPHLETT proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\20690SD08), which was adopted:
Amend the bill, as and if amended, in Section 50-13-221 of the 1976 Code, as contained in SECTION 2, by striking /May thirtieth/ on line 20, page 2 and on line 23, page 2, and inserting /May thirty-first/
Renumber sections to conform.
Amend title to conform.

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

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3279 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

Rep. SCOTT explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.

Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3649 (Word version) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E. H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G. R. Smith, J. R. Smith, Stavrinakis, Bannister, J. H. Neal, Stewart, Sellers, Mitchell, Williams, G. M. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE "ENERGY FREEDOM AND RURAL DEVELOPMENT ACT" TO ALLOW A SALES TAX REBATE FOR THE PURCHASE OF CERTAIN FUEL EFFICIENT VEHICLES AND EQUIPMENT USED TO CONVERT A HYBRID VEHICLE INTO A HYBRID PLUG-IN VEHICLE, TO ALLOW AN INCENTIVE PAYMENT FOR ALTERNATIVE FUEL PURCHASES, AND TO ESTABLISH THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND; BY ADDING SECTION 12-6-3376 SO AS TO ALLOW AN INCOME TAX CREDIT FOR THE PURCHASE OR LEASE OF A PLUG-IN HYBRID VEHICLE; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW AN INCOME TAX CREDIT FOR QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT OF FEEDSTOCKS AND PROCESSES FOR CELLULOSIC ETHANOL AND FOR ALGAE-DERIVED BIODIESEL; BY AMENDING SECTION 12-6-3587, RELATING TO TAX CREDITS FOR SOLAR ENERGY HEATING AND COOLING SYSTEMS, SO AS TO ALLOW A TAX CREDIT EQUAL TO THREE THOUSAND FIVE HUNDRED DOLLARS FOR EACH BUILDING THAT IS INSTALLED WITH A SOLAR ENERGY SYSTEM; BY AMENDING SECTION 12-6-3600, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO ALLOW A TAX CREDIT FOR A CORN-BASED ETHANOL AND SOY-BASED BIODIESEL FACILITY AND A NONCORN ETHANOL AND NONSOY OIL BIODIESEL FACILITY; BY AMENDING SECTION 12-6-3610, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO LIMIT THE CREDIT TO ONE MILLION DOLLARS, TO DEFINE THE TERM "RENEWABLE FUEL", AND TO ADD CLARIFYING LANGUAGE; BY AMENDING SECTION 12-6-3620, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO ALLOW A TAX CREDIT FOR THE COST OF EQUIPMENT TO CREATE A FORM OF ENERGY FROM A BIOMASS RESOURCE AND TO LIMIT THE CREDIT TO ONE MILLION DOLLARS; AND BY AMENDING SECTION 12-28-110, AS AMENDED, RELATING TO THE MOTOR FUEL FEES, SO AS TO CHANGE THE DEFINITION OF "BIODIESEL".

Rep. WITHERSPOON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4876 (Word version) -- Reps. Cooper and Cotty: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM; BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; TO AMEND TITLE 9 BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS; BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-35 AND 9-8-185 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-31 AND 9-9-175 TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.

Rep. NEILSON explained the Senate Amendments.

Rep. MULVANEY made the Point of Order that the Senate Amendments were 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.

Unfortunately, H. 4876 was not voted on today due to the 24 hour rule. I will not be present tomorrow due to a multi-state conference with Wachovia Mortgage. I believe this very important Bill will have a vote tomorrow and I wish to go on record as voting in favor of the Bill, by concurring in the Senate Amendments.

I applaud our Senators for adopting the Amendment that included a Cost of Living Allowance (COLA) for those two systems and did NOT include a COLA for elected State officials.

Rep. Nathan Ballentine

The Senate Amendments to the following Bill were taken up for consideration:

H. 3084 (Word version) -- Reps. Clemmons and Witherspoon: A BILL TO AMEND SECTION 56-16-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MANUFACTURER", "DEALERSHIP FACILITIES", "FRANCHISE", AND "DEALER", AND TO PROVIDE DEFINITIONS FOR THE TERMS "MOTORCYCLE DEALERSHIP" AND "DEPARTMENT"; TO AMEND SECTION 56-16-40, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE EXISTING PROCEDURE AND ESTABLISH A NEW PROCEDURE; TO ADD SECTION 56-16-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN, OPERATE, OR CONTROL A MOTORCYCLE DEALERSHIP OR TO ESTABLISH AN ADDITIONAL DEALER OR MOTORCYCLE DEALERSHIP UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO COMPETE UNFAIRLY WITH A MOTORCYCLE DEALER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN A FACILITY THAT ENGAGES PRIMARILY IN THE REPAIR OF MOTORCYCLES; TO AMEND SECTION 56-16-50, RELATING TO THE COMPENSATION OF A MOTORCYCLE DEALER UPON TERMINATION, NONRENEWAL, OR CANCELLATION OF A FRANCHISE BY A MANUFACTURER OR DISTRIBUTOR, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 56-16-45 ARE APPLICABLE TO THIS PROVISION, TO PROVIDE THAT THE MOTORCYCLE DEALER MUST BE COMPENSATED FOR THE REASONABLE GOOD WILL FOR THE FRANCHISE, AND TO REVISE THE CONDITIONS UPON WHICH A DEALER MAY BE COMPENSATED; TO ADD SECTION 56-16-85 SO AS TO PROVIDE THAT THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS APPLY TO ALL WRITTEN AND ORAL AGREEMENTS BETWEEN A MANUFACTURER, FACTORY BRANCH, DISTRIBUTOR BRANCH, DISTRIBUTOR, WHOLESALER, OR FRANCHISOR WITH A MOTORCYCLE DEALER; TO ADD SECTION 56-16-86 SO AS TO PROVIDE THAT A DEALERSHIP MAY CONTRACT WITH AN ON-LINE ELECTRONIC SERVICE TO PROVIDE MOTORCYCLES TO CONSUMERS IN THIS STATE; TO AMEND SECTION 56-16-100, RELATING TO CERTAIN PRACTICES ENGAGED IN BY A MANUFACTURER, FACTORY BRANCH, FACTORY REPRESENTATIVE, OR MOTORCYCLE DEALER WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO WHOLESALERS AND WHOLESALER REPRESENTATIVES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE STANDARD OF PROOF THAT A MANUFACTURER MUST BEAR IN A PROCEEDING THAT ARISES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-16-200, RELATING TO RELIEF AVAILABLE TO PERSONS INJURED PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER, SO AS TO PROVIDE FOR ADDITIONAL INJUNCTIVE RELIEF, AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED IF A DEFENDANT HAS ACTED IN BAD FAITH; TO ADD SECTION 56-16-205 SO AS TO PROVIDE FOR THE STATUTE OF LIMITATIONS FOR THE COMMENCEMENT OF AN ACTION THAT ARISES OUT OF A PROVISION RELATING TO THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; TO AMEND SECTION 56-16-210, RELATING TO CONTRACTS THAT VIOLATE THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE THAT THIS STATE'S LAW APPLIES TO ANY FRANCHISE FOR A DEALERSHIP LOCATED IN THIS STATE, AND THAT VENUE IS IN THIS STATE FOR AN ACTION BROUGHT PURSUANT TO THESE PROVISIONS; AND TO REPEAL SECTION 56-16-70, RELATING TO A DEALER'S VOLUNTARY CANCELLATION, NONRENEWAL, OR TERMINATION OF A FRANCHISE AGREEMENT.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Joint Resolution were taken up for consideration:

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.

Rep. BINGHAM explained the Senate Amendments.

The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4437 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.

Rep. G. M. SMITH explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The motion period was dispensed with on motion of Rep. G. M. SMITH.

The following Bill was taken up:

H. 4585 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Rep. G. M. SMITH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

Rep. CRAWFORD moved to adjourn debate upon the following Bill until Wednesday, May 21, which was adopted:

S. 970 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.

The following Bill was taken up:

H. 4378 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A SALES AND USE TAX NOT TO EXCEED ONE PERCENT BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

Rep. MILLER moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

Rep. PERRY moved to adjourn debate upon the following Bill until Tuesday, May 13, which was adopted:

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.

Rep. CRAWFORD moved to adjourn debate upon the following Bill until Thursday, May 8, which was adopted:

S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.

Rep. CRAWFORD moved that the House recur to the Morning Hour, which was agreed to.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 1058 (Word version) -- Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.
Ordered for consideration tomorrow.

The following was introduced:

H. 5129 (Word version) -- Reps. Weeks and G. M. Smith: A HOUSE RESOLUTION TO CONGRATULATE DR. DIANE HULETT, ASSISTANT PROFESSOR OF ENGLISH AT MORRIS COLLEGE IN SUMTER COUNTY, ON BEING NAMED A 2008 RECIPIENT OF THE EXCELLENCE IN TEACHING AWARD BY SOUTH CAROLINA INDEPENDENT COLLEGES AND UNIVERSITIES, INC.

The Resolution was adopted.

The following was introduced:

H. 5130 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 65 ALONG INTERSTATE HIGHWAY 77 IN CHESTER COUNTY "SENATOR LINDA SHORT INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SENATOR LINDA SHORT INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5131 (Word version) -- Reps. Huggins, McLeod and Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CHAPIN GARDEN CLUB FOR ITS VOLUNTEER WORK IN THE CHAPIN COMMUNITY, AND TO CONGRATULATE JUANITA MOTELY, SHOW CHAIRMAN, AND THE MEMBERS UPON THE OCCASION OF THEIR SEVENTIETH ANNIVERSARY.

The Resolution was adopted.

The following was introduced:

H. 5132 (Word version) -- Reps. Huggins and Ballentine: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE MR. AND MRS. FURMAN RAYMOND YOUNGINER OF LEXINGTON COUNTY UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.

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

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

S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.

Rep. HAYES explained the Bill.

Rep. KENNEDY asked unanimous consent to recall H. 3262 (Word version) from the Committee on Education and Public Works.
Rep. KELLY objected.

On motion of Rep. HOWARD, with unanimous consent, Regulation No. 3207 was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. HAGOOD moved that the House recede until 1:30 p.m., which was agreed to.

At 1:30 p.m. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.
A quorum was later present.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. COOPER explained the amendment.
Rep. OTT spoke against the amendment.

Rep. OTT moved to adjourn debate on the amendment, which was agreed to.

Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate Amendments to the following Joint Resolution were taken up for consideration:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.

Rep. DAVENPORT proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7630MM08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-175.   It is an unlawful trade practice pursuant to Section 39-5-20 for a person directly or indirectly to pay compensation to another person, for services rendered within this State by that person, knowingly or in reckless disregard of the fact that the compensated person has come to, entered, or remains in the United States in violation of the law." /
Renumber sections to conform.
Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. RUTHERFORD raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill. He stated that while the Bill originally dealt with a study committee concerning immigration issues, the Amendment made it an unfair trade practice to hire an illegal alien.
SPEAKER HARRELL stated that the Bill, as amended by the Senate, dealt with immigration reform and that the Amendment, which concerned the legality of hiring illegal aliens, was germane to the Bill as amended by the Senate. He, therefore, overruled the Point of Order.

Rep. DAVENPORT continued speaking.

Rep. MCLEOD inquired as to whether the House should first consider concurrence or nonconcurrence in the Senate Amendments on the Bill before considering Amendments proposed by House members on the same Bill.
SPEAKER HARRELL stated that House Rule 9.1 stated that amendments to the Senate Amendments must be considered first. If any amendments were adopted the Bill would be immediately returned to the Senate after consideration of all the Amendments. If no amendments were offered or adopted then the House would debate concurrence or nonconcurrence in the Senate Amendments.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. OTT proposed the following Amendment No. 5A (Doc Name COUNCIL\GGS\22102MM08), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/   SECTION   1.   Chapter 11, Title 8 of the 1976 Code is amended by adding:

Section 8-11-1310.   As used in this article, the term:

(1)   'Contractor' means a person having a service contract, as defined in subitem (5), with a public employer.

(2)   'Director' means the director of the State Budget and Control Board.

(3)   'Federal work authorization program' means one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603.

(4)   'Public employer' means the State and any department, agency, instrumentality, or political subdivision of the State.

(5)   'Service contract' means a contract that involves the physical performance of manual labor if the total cost of that labor exceeds (i) thirty percent of the total cost of all the labor, or (ii) five percent of the total contract price. The term does not include:

(a)   a contract with a political subdivision with a total value of less than fifteen thousand dollars in a twelve-month period or a contract with any other public employer with a total value of less than twenty-five thousand dollars in a twelve-month period;

(b)   a contract primarily for the acquisition of an end product; and

(c)   a contract that is predominantly for the performance of professional or consultant services.

(6)   'Subcontractor' has the same meaning as in Section 11-35-310(30).

Section 8-11-1320.   (A)   On or after July 1, 2008, a public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(B)   A public employer may not enter into a service contract to be performed within this State unless:

(1)   the contractor registers and participates in the federal work authorization program to verify information of all new employees and requires his subcontractors to register and participate in the federal work authorization program to verify information of all new employees; or

(2)   the contractor agrees to employ only workers who:

(a)   possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b)   are eligible to obtain a South Carolina driver's license or identification in compliance with Sections 56-1-40 through 56-1-90; or

(c)   possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(C)   Subsection (B) applies as follows:

(1)   on or after July 1, 2008, with respect to contractors or subcontractors of five hundred or more employees;

(2)   on or after July 1, 2009, with respect to contractors or subcontractors of one hundred or more employees but fewer than five hundred employees; and

(3)   on or after July 1, 2010, with respect to all other contractors or subcontractors.

Section 8-11-1330.   In addition to the remedies provided in Chapter 35 of Title 11, the South Carolina Consolidated Procurement Code, a public employer shall receive from a contractor or subcontractor who violates this article a penalty of five percent of the gross amount of the contract. This five percent penalty must be assessed against a contractor based upon the gross amount of the total contract and against the subcontractor based upon the gross amount of the contract between the subcontractor and the contractor. A contractor who received written certification of compliance with this article from a subcontractor is not vicariously liable for the penalty pursuant to this section for the failure of that subcontractor to comply with this article. However, the contractor is responsible for withholding the penalty amount from payments to the subcontactor. The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 8-11-1335.   (A)   All other terms of this article notwithstanding, a public employer may not withhold a payment or a portion of a payment to a contractor and contractor may not withhold a payment or a portion of a payment to a subcontractor for more than five days after receipt from the intended recipient of the payment of a sworn affidavit of the recipient's compliance with Section 8-11-1320.

(B)   A person who knowingly files a false, fictitious, or fraudulent affidavit pursuant to this section is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-11-1340.   A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer documentation required to establish either the applicability of this article to the contractor and subcontractors or the compliance with this article by the contractor and any subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.

Section 8-11-1350.   A contractor who in good faith complies with the requirements of this article may not be sanctioned or subjected to civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-11-1360.   A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.

Section 8-11-1370.   Except as provided in Section 8-11-1380, the director shall prescribe forms, promulgate regulations, and adopt rules necessary to administer the provisions of this article and publish those rules and regulations on the board's state website.

Section 8-11-1380.   The director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this article to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website."
SECTION   2.   Title 23 of the 1976 Code is amended by adding:

Section 23-52-10.   (A)   If a person charged with a criminal offense is confined, for any period, in a local, regional, or state jail or other correctional facility, a reasonable effort must be made to determine the nationality of the person confined.

(B)   If the person is not a United States citizen, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the person and the person is not a United States citizen, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other law enforcement officer shall notify the United States Department of Homeland Security.

(C)   Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice for those expenses to the Department of Homeland Security.

(D)   This section does not allow the denial of bond to a person or timely release from confinement when the person is otherwise eligible for bond or release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the immigration status of the person charged.

(E)   The State Law Enforcement Division shall prepare and issue guidelines and procedures used to comply with the provisions of this section."
SECTION   3.   Title 40 of the 1976 Code is amended by adding:

Section 40-91-10.   This chapter may be cited as the 'Registration of Immigration Assistance Act'.

Section 40-91-20.   The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

Section 40-91-30.   As used in this chapter, the term:

(1)   'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

(2)   'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.

(3)   'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(4)   'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of a person that arises pursuant to immigration and naturalization law, executive order, or presidential proclamation of the United States or a foreign country; or action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 40-91-40.   (A)   A person who provides or offers to provide immigration assistance services may perform only these services:

(1)   completing a government agency form, requested by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter;

(2)   transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to the answers on those forms;

(3)   translating information on forms to a customer and translating the customer's answers to questions posed on those forms;

(4)   securing for the customer supporting documents currently in existence, including birth and marriage certificates, for submission with government agency forms;

(5)   translating documents from a foreign language into English;

(6)   notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;

(7)   making referrals, without fee, to attorneys who undertake legal representation for a person in an immigration matter;

(8)   preparing or arranging for the preparation of photographs and fingerprints;

(9)   arranging for the performance of medical testing (including x-rays and AIDS tests) and the obtaining of reports of test results;

(10)   conducting English language and civics courses; and

(11)   performing other services that the director of the South Carolina Department of Labor, Licensing and Regulation, or his designee, determines by rule may be appropriately performed by these persons in light of the purposes of this chapter.

(B)   These persons are exempt from the provisions of this chapter:

(1)   an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

(2)   a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements of item (1) and rendering immigration assistance services in the course of employment; and

(3)   a not-for-profit organization recognized by the Board of Immigration Appeals under 8 CFR 292.2(a) and employees, of those organizations accredited pursuant to 8 CFR 292.2(d).

(C)   This chapter does not regulate a business if that regulation is prohibited or preempted by federal law.

(D)   A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation and as may be required by a local governing authority.

(E)   A person who provides or offers immigration assistance services and who is not exempted pursuant to the provisions of this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance services. Each language must be on a separate sign. Signs must be posted in a location where the signs are readily visible to customers. Each sign must be at least twelve inches by seventeen inches and must contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F)   Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice must be of a conspicuous size, if in writing, and must state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.

(G)   A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

(H)   A person engaged in providing immigration services who is not exempted pursuant to the provisions of this chapter may not:

(1)   accept payment in exchange for providing legal advice or other assistance that requires legal analysis, legal judgment, or interpretation of the law;

(2)   refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(3)   represent or advertise, in connection with assistance in immigration matters, other titles or credentials including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, except that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language;

(4)   provide legal advice, recommend a specific course of legal action, or provide other assistance that requires legal analysis, legal judgment, or interpretation of the law; or

(5)   make a misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

(I)   Violations of this chapter may result in a civil fine up to one thousand dollars for each violation. A fine charged pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal penalties, including disgorgement and restitution.

(J)(1)   Any person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

(2)   In addition, a person convicted of violating this subsection must disgorge the benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program.

(3)   It is a separate violation of this subsection each time a person knowingly and wilfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed pursuant to this subsection.

(4)   A criminal charge pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from a person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing the action pursuant to this section reasonable attorney's fees and costs.

(5)   Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.

(K)   The director of the Department of Labor, Licensing and Regulation shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.

(L)   This chapter does not apply to a person employed by or working for an educational institution if that person is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."
SECTION   4.   Chapter 5, Title 43 of the 1976 Code is amended by adding:

Section 43-5-1410.   This article may be cited as the 'Illegal Aliens and Public Benefits Act'.

Section 43-5-1420.   (A)   Except as provided in subsection (C) or if exempted by federal law, on or after July 1, 2008, every agency and political subdivision of this State shall verify the lawful presence in the United States of a natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 USC Section 1621, or for federal public benefits, as defined in 8 USC Section 1611, that are administered by an agency or a political subdivision of this State.

(B)   The provisions of this article must be enforced without regard to race, religion, gender, ethnicity, or national origin.

(C)   Verification of lawful presence pursuant to the provisions of this article is not required for:

(1)   a purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;

(2)   assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 USC Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;

(3)   short-term, noncash, in-kind emergency disaster relief;

(4)   public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not the symptoms are caused by a communicable disease; or

(5)   programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii)   are necessary for the protection of life or safety;

(6)   prenatal care; or

(7)   for benefits, programs, services, or other assistance provided to victims of domestic violence, irrespective of immigration status, under the Violence Against Women Act of 2000, PL 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, PL 104-208.

(D)   Verification of lawful presence in the United States by the agency or political subdivision required to make the verification must occur as follows:

(1)   the applicant shall execute an affidavit that he is a United States citizen or legal permanent resident eighteen years of age or older; or

(2)   the applicant shall execute an affidavit that he is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, PL 82-414, eighteen years of age or older, lawfully present in the United States.

(E)   For an applicant who has executed an affidavit that he is an alien lawfully present in the United States, eligibility for benefits must be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until that eligibility verification is made, the affidavit is presumed to be proof of lawful presence for the purposes of this article.

(F)(1)   A person who knowingly and wilfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (D), or who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to that subsection, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to that subsection is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

(2)   In addition, a person convicted pursuant to this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program.

(3)   It is a separate violation of this subsection each time a person received a public benefit based on such a statement or representation.

(4)   A conviction and fine charged pursuant to this subsection does not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide other relief it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action pursuant to this subsection reasonable attorney's fees and costs.

(5)   Persons convicted of a violation of this subsection are jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(6)   If an affidavit constitutes a false claim of United States citizenship under 18 USC Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

(G)   It is unlawful for an agency or a political subdivision of this State to provide a state, local, or federal benefit, as defined in 8 USC Section 1621 or 8 USC Section 1611, in violation of the provisions of this article. Each state agency, department, division, or other political subdivision that administers a program of state or local public benefits shall provide an annual report with respect to its compliance with the provisions of this article.

(H)   All errors and significant delays by SAVE must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.

(I)   An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 USC 1621 or 8 USC Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.

(J)   A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."
SECTION   5.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170.   (A)   For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.

(B)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.

(C)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.

(D)   A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal or state law. An enactment found to be in conflict with federal or state law is void."
SECTION   6.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3595.   (A)   As used in this section:

(1)   'Authorized employee' means an individual authorized for employment in the United States as defined in paragraph (2) of subsection (a) of 8 USC Section 1324a.

(2)   'Labor services' means the physical performance of services in this State.

(B)   Notwithstanding another provision of law, on or after January 1, 2009, wages or remuneration paid for labor services to an individual of six hundred dollars or more per annum must not be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the individual is an authorized employee.

(C)   The provisions of this section apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration. This section does not apply to:

(1)   a business domiciled in this State which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful;

(2)   an individual hired by the taxpayer before January 1, 2009;

(3)   a taxpayer when the individual being paid is not directly compensated or employed by the taxpayer; or

(4)   to wages or remuneration paid for labor services to an individual who holds and presents to the taxpayer a valid license or identification card issued by the Department of Motor Vehicles, who is eligible to obtain a South Carolina driver's license or identification card in compliance with Sections 56-1-40 through 56-1-90, or who possesses a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(D)   A taxpayer must not be held liable for failing to comply with the provisions of this section, if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was an unauthorized employee. For purposes of this subsection, a taxpayer is considered to have conducted a reasonable investigation if the individual met the requirements of subsection (C)(4), and the information provided by the individual to the taxpayer was facially correct.

(E)   The director of the South Carolina Department of Revenue may prescribe forms and promulgate regulations necessary to administer and effectuate this section.

(F)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION   7.   Article 5, Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-610.   (A)   Notwithstanding another provision of law, a withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of six percent of the amount of compensation paid to an individual, which compensation is reported on Form 1099 and with respect to which the individual has:

(1)   failed to provide a taxpayer identification number or social security number;

(2)   failed to provide a correct taxpayer identification number or social security number; or

(3)   provided an Internal Revenue Service-issued taxpayer identification number issued for nonresident aliens.

(B)   A withholding agent who fails to comply with the withholding requirements of this section is liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233.

(C)   A withholding agent does not violate this section if the individual provides a false or incorrect taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on reasonable investigation that the number provided is false or incorrect.

(D)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION   8.   Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460.   (A)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(B)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(C)   A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D)   A person who is convicted of, pleads guilty to, or enters into a plea of nolo contender to a violation of this section must not be permitted to seek or obtain a professional license offered by the State or any agency or political subdivision of the State.

(E)   Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section.

(F)   Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as that shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States."
SECTION   9.   Article 2, Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-525.   (A)   In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contender to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States or to receive benefits administered by an agency or political subdivision of this State must disgorge the benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal charges or penalties.

(B)   A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against the person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.

(C)   A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State."
SECTION   10.   Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.   (A)   It is unlawful for a person who is not lawfully present in the United States to store, keep, buy, transport, distribute, manufacture, possess, or have in possession or permit another to store, keep, buy, transport, distribute, manufacture, possess, or have in possession a rifle, pistol, or other firearm.

(B)   It is unlawful for a person to sell, rent, give away, or participate, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a rifle, pistol, or other firearm to a person who is known by the person charged pursuant to this subsection to be not lawfully present in the United States.

(C)   A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D)   A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
SECTION   11.   Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-80.   (A)   The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security addressing:

(1)   the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law designed for the purpose of state enforcement of federal immigration laws;

(2)   the detention of illegal immigrants by state and local law enforcement officials and the costs associated with those detentions;

(3)   the removal of detained illegal immigrants by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;

(4)   training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal laws and the costs of such training; and

(5)   further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement.

(B)   The memorandum of understanding negotiated pursuant to subsection (A) must be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor or as otherwise required by the appropriate federal agency.

(C)   The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B). This training must be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or a subsequent source of federal funding. The provisions of this subsection become effective upon the securing of this funding.

(D)   The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.

(E)   A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."
SECTION   12.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-30.   (A)   There is a civil right of action for wrongful termination against an employer who knowingly terminates an employee while retaining a person the employer knows and should reasonably know is an illegal alien and is engaged in substantially the same job category.

(B)   Termination for cause is an absolute bar to recovery under this section.

(C)   This section does not create an employment contract for either a public of private employer

(D)   An employee who brings a civil suit pursuant to this section is limited to the following recovery:

(1)   reinstatement to his former position; and

(2)   lost wages.

(E)   A cause of action does not arise against an employer who makes a determination of legal status of all employees through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. This subsection takes effect ninety days after the effective date of the act."
SECTION   13.   Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-430.   (A)   A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified.

(B)   A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition.

(C)   This section does not apply to students already enrolled or those granted enrollment as of the effective date of this section."
SECTION   14.   Section 14-7-1630(A)(8) and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(8)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and

(9)   a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 43-5-1410, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)   a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

(11)   a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-91-40, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars; and

(12)   a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and wilful crime is a violation of federal law, then a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section."
SECTION   15.   Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"Section 17-15-30.   (A)   In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court, on the basis of available information, may consider the nature and circumstances of the offense charged, and the accused's:

(1)   family ties,;

(2)   employment,;

(3)   financial resources,;

(4)   character and mental condition,;

(5)   the length of his residence in the community,;

(6)   his record of convictions,; and

(7)   his record of flight to avoid prosecution or failure to appear at other court proceedings.

(B)   The court shall consider:

(1)   the accused's criminal record, if any. The court shall consider, if available,;

(2)   all incident reports generated as a result of the offense charged., if available; and

(3)   whether the accused is an illegal alien in violation of the Federal Immigration and Nationality Act or another federal law relating to aliens illegally present in the United States and poses a substantial flight risk due to this status."
SECTION   16.   All requirements of this act concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.
SECTION   17.   If any section, subsection, item, subitem, 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, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsection, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   18.   This act takes effect upon approval by the Governor.   /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cotty                  Crawford
Daning                 Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott
Huggins                Hutson                 Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Merrill                Mulvaney
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Young

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Bales                  Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Knight
Mack                   McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Scott
Sellers                Stavrinakis            Weeks
Whipper                Williams

So, the amendment was tabled.

Reps. HARRELL, HARRISON, DELLENEY and VIERS proposed the following Amendment No. 8A (Doc Name COUNCIL\ AGM\19244MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "South Carolina Illegal Immigration Reform Act".
SECTION   2.   Section 1-31-40(A) of the 1976 Code is amended to read:

"(A)   The commission shall:

(1)   provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;

(2)   work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;

(3)   provide for publication of a statewide statistical abstract on minority affairs;

(4)   provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;

(5)   provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community;

(6)   determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;

(7)   establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;

(8)   act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;

(9)   seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;

(10)   promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and

(11)   establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and

(11)(12)   perform other duties necessary to implement programs."
SECTION   3.   Title 8 of the 1976 Code is amended by adding:

Section 8-14-10.   (A)   As used in this article, the term:

(1)   'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars.

(2)   'Director' means the director of the State Budget and Control Board.

(3)   'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.

(4)   'Federal work authorization program' means the E-Verify Program or one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security, or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, or an electronic verification of work authorization program operated by a private entity and approved by the Attorney General.

(5)   'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.

(6)   'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price. The term does not include:

(a)   a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;

(b)   a contract primarily for the acquisition of an end product; and

(c)   a contract that is predominantly for the performance of professional or consultant services.

(7)   'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor.

(8)   'Sub-subcontractor' means any person having a services contract with a subcontractor.

(9)   'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 8-14-20.   (A)   On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(B)   A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

(1)   to register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or

(2)   to employ only workers who:

(a)   possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Sections 56-1-40 through 56-1-90; or

(c)   possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(C)   A public employer and contractor must not divide work or duties that would otherwise constitute a single service contract into separate contracts for the purpose of avoiding the requirements of this chapter.

(D)   Subsection (B) applies as follows:

(1)   on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees;

(2)   on and after July 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and

(3)   on and after January 1, 2010, with respect to all other contractors, subcontractors or sub-subcontractors.

(E)   Private employers shall comply with the provisions of Chapter 8, Title 41.

Section 8-14-30.   The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this article for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.

Section 8-14-40.   A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this article to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this article by the contractor and any subcontractor or sub-subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.

Section 8-14-50.   A contractor or public employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-14-60.   A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-14-70.   A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.

Section 8-14-80.   Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

Section 8-14-90.   Except as otherwise provided in this section, the director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this article to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
SECTION   4.   Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-80.   (A)   The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security addressing:

(1)   the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law designed for the purpose of state enforcement of federal immigration laws;

(2)   the detention of illegal immigrants by state and local law enforcement officials and the costs associated with those detentions;

(3)   the removal of detained illegal immigrants by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;

(4)   training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal laws and the costs of such training; and

(5)   further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement.

(B)   The memorandum of understanding negotiated pursuant to subsection (A) must be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor or as otherwise required by the appropriate federal agency.

(C)   The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B). The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

(D)   The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.

(E)   A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."
SECTION   5.   Title 8 of the 1976 Code is amended by adding:

Section 8-29-10.   (A)   Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 USC Section 1621, or for federal public benefits, as defined in 8 USC Section 1611, that are administered by an agency or a political subdivision of this State.

(B)   The provisions of this article shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(C)   Verification of lawful presence pursuant to the provisions of this article is not required for:

(1)   a purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;

(2)   assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in the Social Security Act (42 USC 1396, et seq.), of the person involved and are not related to an organ transplant procedure;

(3)   short-term, noncash, in-kind emergency disaster relief;

(4)   public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

(5)   programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(a)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(b)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(c)   are necessary for the protection of life or safety;

(6)   prenatal care;

(7)   postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including, but not limited to, public benefits as described in 8 USC Section 1611, 1621, or 1623;

(8)   benefits, programs, services or any other assistance provided to victims of domestic violence, irrespective of their immigration status, under the Violence Against Women Act of 2000, Public Law Number 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, Public Law Number 104-208; or

(9)   benefits and refunds lawfully due from the South Carolina Retirement Systems pursuant to Title 9 of the South Carolina Code to members of the Retirement Systems and their beneficiaries.

(D)   Verification of lawful presence in the United States by the agency or political subdivision required to make such verification must occur as follows:

(1)   the applicant must execute an affidavit that he is a United States citizen or legal permanent resident eighteen years of age or older; or

(2)   the applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the Federal Immigration and Nationality Act, Public Law 82-414, eighteen years of age or older, and lawfully present in the United States.

(E)   For an applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until the eligibility verification is made, the affidavit shall be presumed to be proof of lawful presence for the purposes of this article.

(F)   A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. In addition, a person convicted pursuant to this section must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program. It is a separate violation of this section each time a person receives a public benefit based on such a statement or representation. A conviction and fine charged pursuant to this section shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action, individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action under this section reasonable attorney's fees and costs.

(G)   Persons convicted of a violation of this section are jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(H)   If an affidavit constitutes a false claim of U.S. citizenship under 18 USC Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

(I)   It is unlawful for an agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 USC Section 1621 or 8 USC Section 1611, in violation of this section.

(J)   All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.

(K)   An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 USC 1621 or 8 USC Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.

(L)   A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."
SECTION   6.   Title 8 of the 1976 Code is amended by adding:

Section 8-30-10.   (A)   The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of any laws or regulations by any non-United States citizen or immigrant, and allegations of violations of any laws or regulations against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.

(B)   The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter.

Section 8-30-20.   The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."
SECTION   7.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-1175.   (A)   As used in this section:

(1)   'Authorized employee' means an individual authorized for employment in the United States as defined in the Immigration Reform and Control Act of 1986.

(2)   'Labor services' means the physical performance of services in this State.

(B)   On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(C)   This section shall not apply to a business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized persons unlawful.

(D)   This section shall not apply to an individual hired by the taxpayer prior to January 1, 2009.

(E)   This section shall not apply to a taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.

(F)   This section shall not apply to wages or remuneration paid for labor services to any individual who:

(1)   holds and presents to the taxpayer a valid license or identification card issued by the South Carolina Department of Motor Vehicles;

(2)   is eligible to obtain a South Carolina driver's license or identification card in that he meets the requirements set forth in S.C. Code Ann. Sections 56-1-40 through 56-1-90; or

(3)   possesses a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.

(G)   A taxpayer must not be held liable for failing to comply with the provisions of this section, if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was not an authorized employee. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.

(H)   The director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(I)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION   8.   Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-595.   (A)   A withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of seven percent of the amount of compensation paid to an individual, which compensation is reported on Form 1099 and with respect to which the individual has:

(1)   failed to provide a taxpayer identification number or social security number;

(2)   failed to provide a correct taxpayer identification number or social security number; or

(3)   provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.

(B)   A withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of the form to the commissioner.

(C)   A withholding agent does not violate this section if the individual provides a false or incorrect social security number or taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on a reasonable investigation that the number provided is false or incorrect.

(D)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION   9.   Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460.   (A)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(B)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(C)   A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D)   A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.

(E)   Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii)   are necessary for the protection of life or safety.
Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.

(F)   Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section."
SECTION   10.   Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-525.   (A)   In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.

(B)   A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.

(C)   A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(D)(1)   It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit green card or other document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.

(2)   A person who violates the provisions of this section:

(a)   for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and

(b)   for a second offense or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.

(E)   A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section."
SECTION   11.   Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-1100.   (A)   If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is lawfully present in the United States.

(B)   If the prisoner is a foreign national, the keeper of the jail or other officer must make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

(C)   Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice to the Department of Homeland Security for these expenses.

(D)   Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the lawful presence in the United States of the person charged.

(E)   The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."
SECTION   12.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-30.   (A)   There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is not lawfully present and authorized to work in the United States.

(B)   An aggrieved employee must show:

(a)   the replacement occurred within sixty days of the date of the employee's termination, and

(b)   the replacement worker was not authorized to work in the United States at the time of the replacement; and

(c)   the employer knew or reasonably should have known of the replacement worker's status; and

(d)   the replacement worker filled duties and responsibilities the employee vacated.

(C)   This section does not create an employment contract for either a public or private employer.

(D)   An employee who brings a civil suit pursuant to this section is limited to the following recovery:

(1)   reinstatement to his former position; and

(2)   lost wages.

(E)   A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.

(F)   Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.

(G)   For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.

(H)   This section takes effect ninety days after the effective date of the act."
SECTION   13.   Title 40 of the 1976 Code is amended by adding:

Section 40-83-10.   This act shall be cited as the 'Registration of Immigration Assistance Service Act'.

Section 40-83-20.   As used in this chapter, the term:

(A)   'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

(B)   'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.

(C)   'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.

(D)   'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(E)   'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:

(1)   immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(2)   action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 43-83-30.   (A)   A person who provides or offers to provide immigration assistance service shall perform only the following services:

(1)   completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;

(2)   transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;

(3)   translating information on forms to a customer and translating the customer's answers to questions posed on those forms;

(4)   securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;

(5)   translating documents from a foreign language into English;

(6)   notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;

(7)   making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;

(8)   preparing or arranging for the preparation of photographs and fingerprints;

(9)   arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;

(10)   conducting English language and civics courses; and

(11)   performing other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.

(B)   The following persons are exempt from this chapter:

(1)   an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

(2)   a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or

(3)   a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(C)   This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law.

(D)   A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, and as may be required by a local governing authority.

(E)   A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F)   Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.

(G)   A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

(H)   A person engaged in providing immigration services who is not exempted under this chapter may not:

(1)   accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;

(2)   refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(3)   represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term ' notary public' if the use is accompanied by the statement that the person is not an attorney. The term 'notary public' may not be translated into another language;

(4)   provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or

(5)   make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

(I)   Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.

(J)   Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It is a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

(K)   Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.

(L)   The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(M)   This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."
SECTION   14.   Section 14-7-1630(A)(8) and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(8)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and

(9)   a crime involving the knowing and willful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 43-5-1410, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)   a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

(11)   a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-91-40, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars; and

(12)   a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section."
SECTION   15.   Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.   (A)   It is unlawful for a person who is not lawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

(B)   It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.

(C)   A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D)   A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
SECTION   16.   Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"Section 17-15-30.   (A)   In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:

(1)   family ties,;

(2)   employment,;

(3)   financial resources,;

(4)   character and mental condition,;

(5)   the length of his residence in the community,;

(6)   his record of convictions,; and

(7)   his record of flight to avoid prosecution or failure to appear at other court proceedings.

(B)   The court shall consider:

(1)   the accused's criminal record, if any. The court shall consider, if available,;

(2)   all incident reports generated as a result of the offense charged, if available; and

(3)   whether the accused is not lawfully present in the United States in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration, and poses a substantial flight risk due to this status."
SECTION   17.   Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-430.   (A)   A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified.

(B)   A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."
SECTION   18.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170.   (A)   For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.

(B)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.

(C)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.

(D)   A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal or state law. An enactment found to be in conflict with federal or state law is void."
SECTION   19.   Title 41 of the 1976 Code is amended by adding:

Section 41-8-10.   As used in this chapter:

(A)   'Agency' means any agency, department, board, or commission of this state or a political subdivision of this State that issues a license for the purposes of operating a business in this State.

(B)   'Director' means the Director of the Department of Revenue or his designee.

(C)   'License' means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by an agency or political subdivision for the purpose of operating a business or engaging in a profession in this State.

(D)   'Political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

(E)   'Private employer' means a person carrying on an employment and the legal representative of a deceased person or the receiver or trustee of a person, and a person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 41-8-20.   A private employer may not knowingly or intentionally employ an illegal alien.

Section 41-8-30.   (A)   On and after July 1, 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal Form I-9 Employment Eligibility Verification documents must:

(1)   register and participate in the federal work authorization program to verify information of all new employees; or

(2)   employ only workers who:

(a)   possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles; or

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in Sections 56-1-40 through 56-1-90; or

(c)   possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General. The Attorney General shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina.

(B)   The provisions of subsection (A) apply to all private employers who employ fewer than one hundred employees and who are required by federal law to complete and maintain federal Form I-9 Employment Eligibility Verification documents on and after July 1, 2010.

(C)   The Employment Security Commission may provide private employers with technical advice and electronic access to the federal work authorization program's website for the sole purpose of registering and participating in the program.

(D)   The director of the Department of Revenue must send written notice of requirements provided in this section to all South Carolina employers no later than July 1, 2008, and shall publish on its website the information contained in the notice.

Section 41-8-40.   The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 41-8-50.   A private employer who complies in good faith with the requirements of this chapter must not be sanctioned or subjected to civil or administrative action for employing an individual not authorized for employment in the United States.

Section 41-8-60.   A person who knowingly makes or files a false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 41-8-70.   A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.

Section 41-8-80.   Nothing in this chapter abrogates a private employer's obligation to comply with federal immigration law.

Section 41-8-90.   The South Carolina Department of Revenue shall receive and investigate written and signed complaints of violations of the provisions of this chapter and assess civil penalties pursuant to Section 41-8-110. The Attorney General and circuit solicitors shall enforce the penalties provided in Section 41-8-130 for violation of Section 41-8-20.

Section 41-8-100.   The director, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter the business premises at reasonable times and have the right to question, either publicly or privately, any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph original business records relevant to determining compliance with the provisions of Section 41-8-30.

Section 41-8-110.   (A)   Upon a finding that an employer has violated Section 41-8-30, the director may assess a fine of up to one hundred dollars for a first offense, up to two hundred and fifty dollars for a second offense, and up to five hundred dollars for a third or subsequent offense.

(B)   For purposes of this section, each failure of an employer to verify the immigration status of a new employee pursuant to 41-8-30 constitutes a separate violation; except that multiple violations determined at a single investigation or audit may result in multiple fines but must not be considered as more than one offense.

(C)   In each case where a civil penalty assessed by the director pursuant to this section is not paid within sixty days the director shall bring an action against the assessed employer for collection of the penalty.

(D)   Amounts collected pursuant to this section must be retained by the director and must be used to fund the costs of implementing and enforcing the provisions of this chapter."

Section 41-8-120.   (A)   The director shall receive written and signed complaints alleging violations of Section 41-8-20.

(B)   Upon the receipt of a written and signed complaint alleging a violation of 41-8-20, the director shall verify the work authorization of the person alleged not to be lawfully present pursuant to 8 U.S.C. Section 137(c). A state, county, or local official may not make a determination whether an alien is lawfully present in the United States. The director shall forward to the Attorney General or the appropriate circuit solicitor the results of his investigation of the complaint if the results indicate a violation has occurred.

Section 41-8-130.   (A)   Upon a finding that an employer has violated Section 41-8-20 the Attorney General or circuit solicitor shall report the finding to the United States Immigration and Customs Enforcement and impose the following penalties:

(1)   for a first offense, order the termination of all persons employed in violation of 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-20;

(2)   for a second offense, order the termination of all persons employed in violation of Section 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-20 and suspend the employer's license for a period of time not to exceed ten days;

(3)   for a third or subsequent offense, order the termination of all persons employed in violation of Section 41-8-20 and place the employer on probation for a period not to exceed three years, during which time the employer must submit quarterly reports to the director demonstrating compliance with Section 41-8-30 and suspend the employer's license for a period of time not less than ten days and not more than thirty days.

(B)   Notwithstanding another provision of law, a license suspended pursuant to this section must be reinstated automatically at the conclusion of the suspension period.

(C)   An entity may not charge a fee for the reinstatement of a license suspended pursuant to this section.

Section 41-8-140.   In assessing a penalty for a violation of Section 41-8-20 or Section 41-8-30, the director or Attorney General or circuit solicitor shall base his assessment on evidence or information collected by the director or submitted for consideration by the employer, and shall consider the following factors, if relevant:

(1)   the number of unauthorized aliens employed by the employer;

(2)   the prior violations of this chapter by the employer;

(3)   the size of the employer's workforce; and

(4)   the duration of the violation.

Section 41-8-150.   (A)   The director shall promulgate regulations to establish a procedure for administrative review of a penalty assessed pursuant to this chapter.

(B)   The director shall develop a statewide random auditing program to inspect private employers for compliance with the provisions of Section 41-8-30."
SECTION   20.   All requirements of this act concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.
SECTION   21.   If any subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Section 19 is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the Section, the General Assembly hereby declaring that it would have passed this act, and each and every subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   22.   If any section, subsection, item, subitem, 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, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   23.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. KENNEDY spoke against the amendment.

Rep. MERRILL moved cloture on the entire matter.

Rep. OTT demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cooper                 Cotty
Crawford               Daning                 Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hiott                  Huggins                Hutson
Kelly                  Leach                  Littlejohn
Lucas                  Merrill                Mulvaney
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Scarborough            Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
White                  Whitmire               Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Davenport              Funderburk
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Kennedy
Kirsh                  Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Rutherford             Scott                  Sellers
F. N. Smith            Stavrinakis            Weeks
Whipper                Williams

So, cloture was ordered.

Rep. COBB-HUNTER spoke against the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Clyburn                Cooper                 Cotty
Crawford               Daning                 Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott
Huggins                Hutson                 Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lowe
Lucas                  Merrill                Miller
Moss                   Mulvaney               J. M. Neal
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 White
Whitmire               Young

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Cobb-Hunter            Govan                  Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Mack
McLeod                 Mitchell               J. H. Neal
Ott                    Parks                  Rutherford
Scott                  Sellers                F. N. Smith
Weeks                  Whipper                Williams

So, the amendment was adopted.

I was temporarily out of the Chamber during the vote on Amendment 8A to H. 3032. If I had been present, I would have voted in favor of the Bill. I am pleased that I was a co-sponsor of this Bill. Unfortunately, I was absent at the time of the vote on this Amendment, due to requiring an intravenous injection.

Rep. Bill Sandifer

Rep. STAVRINAKIS proposed the following Amendment No. 9A (Doc Name COUNCIL\GGS\22101MM08), which was tabled:
Amend the bill, as and if amended, Section 16-9-460 as found in SECTION 9, pages 13 and 14, by deleting Section 16-9-460 in its entirety and inserting:
/   Section 16-9-460.   (A)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(B)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(C)   A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D)   A person who is convicted of, pleads guilty to, or enters into a plea of nolo contender to a violation of this section must not be permitted to seek or obtain a professional license offered by the State or any agency or political subdivision of the State.

(E)   Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section.

(F)   Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as that shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States./
Renumber sections to conform.
Amend title to conform.

Rep. STAVRINAKIS explained the amendment.

The SPEAKER granted Rep. D. C. SMITH a leave of absence for the remainder of the day.

Rep. MERRILL moved to table the amendment.

Rep. RICE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Clyburn                Cotty
Crawford               Daning                 Dantzler
Duncan                 Edge                   Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Huggins
Hutson                 Kelly                  Kirsh
Leach                  Limehouse              Lowe
Merrill                Mulvaney               Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Scarborough            Shoopman
Simrill                Skelton                J. R. Smith
Spires                 Stewart                Talley
Taylor                 Toole                  Umphlett
Viers                  Walker                 White
Whitmire               Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Cobb-Hunter
Davenport              Delleney               Funderburk
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Littlejohn
Lucas                  Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             Neilson                Ott
Parks                  Rice                   Rutherford
Scott                  Sellers                F. N. Smith
G. M. Smith            G. R. Smith            Stavrinakis
Thompson               Weeks                  Whipper
Williams

So, the amendment was tabled.

Rep. STAVRINAKIS proposed the following Amendment No. 10A (Doc Name COUNCIL\MS\7642AB08), which was tabled:
Amend the bill, as and if amended, as found in SECTION 23, page 31, line 11, by inserting after /Governor/ the words /except for a criminal penalty imposed under this act, no provision of this act may apply to a person lawfully present in this State who has a pending application for United States citizenship/.
Renumber sections to conform.
Amend title to conform.

Rep. STAVRINAKIS explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. WHIPPER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Clemmons
Cotty                  Crawford               Daning
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Huggins
Hutson                 Kelly                  Kirsh
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Merrill
Mulvaney               Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 White
Whitmire               Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Scott                  Sellers                F. N. Smith
Stavrinakis            Weeks                  Whipper
Williams

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 11A (Doc Name COUNCIL\MS\7639AHB08), which was tabled:
Amend the bill, as and if amended, Section 41-8-20(A), as contained in SECTION 19, page 26, line 18, by deleting /2009/ and inserting /2010/.
Amend the bill further, Section 41-8-20(B), as contained in SECTION 19, page 27, line 2, by deleting /2010/ and inserting /2011/.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.
Rep. HARRISON moved to table the amendment.

Rep. OTT demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Cato                   Chalk                  Clemmons
Cooper                 Cotty                  Crawford
Daning                 Davenport              Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hiott                  Huggins                Hutson
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Lowe
Lucas                  Merrill                Mulvaney
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Scarborough
Shoopman               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Branham                Brantley               Breeland
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jennings
Kennedy                Mack                   McLeod
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Scott
Sellers                F. N. Smith            Weeks
Whipper                Williams

So, the amendment was tabled.

Rep. TOOLE proposed the following Amendment No. 14A (Doc Name COUNCIL\NBD\12329MM08), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   Section 12-6-3360(B)(5) of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding an appropriately numbered subitem to read:

"(i)   In a county that (i) has had an unemployment rate greater than the state average for the past five years, (ii) more than five percent of the new full-time jobs created are filled by persons who have, within the past twelve months before the hire, received state or local public benefits as defined in 8 USC Section 1621 or federal public benefits as defined in 8 USC Section 1611, that are administered by the state or a local agency; and (iii) does not fall within clarifications described in subitems (a) through (h), the credit allowed is three times higher than the credit for which the county would otherwise qualify."
SECTION   __.   Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Section 43-5-23.   The Department of Social Services shall establish and implement a program in which it works with counties described in Section 12-6-3360(B)(5)(i) to create new full-time jobs using recipients of state or local public aid, assistance, and relief generally, as defined in 8 USC Section 1621 or federal public benefits as defined in 8 USC 1611 that are administered by the state or a local political subdivision."/
Renumber sections to conform.
Amend title to conform.

Rep. TOOLE explained the amendment.

Rep. TOOLE moved to table the amendment, which was agreed to.
Rep. HART proposed the following Amendment No. 16A (Doc Name COUNCIL\NBD\12330MM08), which was tabled:
Amend the bill, as and if amended, Chapter 14 of Title 8 as found in SECTION 3, page 2, line 31, by deleting in the chapter title /Unauthorized Aliens/ and inserting /Illegal Immigrants/
Amend the bill further, Chapter 8 of Title 41 as found in SECTION 19, page 25, line 37, by deleting in the Chapter Title /Aliens/ and inserting /Immigrants/.
Renumber sections to conform.
Amend title to conform.

Rep. HART spoke against the amendment.

Rep. HART moved to table the amendment, which was agreed to.

Rep. HART proposed the following Amendment No. 17A (Doc Name COUNCIL\NBD\12331MM08), which was tabled:
Amend the bill, as and if amended, Chapter 14 of Title 8 as found in SECTION 3, page 2, line 31, by deleting in the chapter title /Unauthorized Aliens/ and inserting /Undocumented Workers/
Amend the bill further, Chapter 8 of Title 41 as found in SECTION 19, page 25, line 37, by deleting in the Chapter Title /Illegal Aliens/ and inserting /Undocumented Workers/.
Renumber sections to conform.
Amend title to conform.

Rep. HART spoke against the amendment.

Rep. HART moved to table the amendment, which was agreed to.

Rep. WALKER proposed the following Amendment No. 6A (Doc Name COUNCIL\SWB\5535CM08), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 56-1-5 of the 1976 Code is amended by adding at the end:

"(G)   The department's electronic and paper-testing forms must be produced in an English-only format unless otherwise required by federal law or regulation." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 6A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill, as amended by the House, dealt with illegal immigration and the Department of Revenue. He stated further that the Amendment dealt with proposed procedures in the Department of Motor Vehicles Agency and did not concern illegal immigration. He, therefore, sustained the Point of Order and ruled the Amendment out of order.

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

I was temporarily out of the Chamber during the votes on H. 3032, due to a committee meeting commitment. We had scheduled the Environmental II Committee hearings for the afternoon of May 7, 2008, as House leadership did not anticipate being in Session at this time. These hearings brought citizens from all over the State to testify. We felt obligated to hold the meeting so as not to disappoint all those who had traveled great distances to attend.

Had I not been called to other duties and been present in the Chamber for the votes, I would have voted with the majority of the House, in favor of the Bill.

Rep. Dwight Loftis

Rep. MERRILL moved that the House recur to the Morning Hour, which was agreed to.

The following was received:

Columbia, S.C., May 7, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3853:

H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

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

S. 1334 (Word version) -- Senators Vaughn, Fair, Verdin, Anderson and Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE NEW BRIDGE ON HAMMETT BRIDGE ROAD IN GREENVILLE COUNTY AS THE "HAROLD HAMMETT MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG BOTH HIGHWAY APPROACHES TO THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD HAMMETT MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

The following was introduced:

H. 5133 (Word version) -- Reps. Toole, Spires, Clyburn, Hart, Hosey, E. H. Pitts, M. A. Pitts and Sandifer: A HOUSE RESOLUTION TO URGE THE UNITED STATES CONGRESS TO AMEND THE HOMEOWNERS PROTECTION ACT OF 1998 SO AS TO PROVIDE FOR TERMINATION OR CANCELLATION OF THE MORTGAGE INSURANCE COVERAGE REQUIREMENT OF A MORTGAGE AT A CERTAIN VALUATION OF THE SUBJECT HOME.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 5134 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO AUTHORIZE THE ANNUAL YOUTH LEGISLATIVE CONFERENCE TO USE THE HOUSE CHAMBER ON MONDAY, SEPTEMBER 22, 2008, FROM 9:00 A.M. TO 12:00 NOON FOR ITS ANNUAL MOCK SESSION.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, authorize the Annual Youth Legislative Conference to use the House Chamber on Monday, September 22, 2008, from 9:00 a.m. to 12:00 noon for its annual mock session. If the House of Representatives is in statewide session, the Chamber of the House may not be used.

Be it further resolved that the State House Security Forces provide such assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House Chamber by the Youth Legislative Conference on this date.

The Resolution was adopted.

The following was introduced:

H. 5135 (Word version) -- Rep. Mahaffey: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE GRADUATES OF THE JAMES F. BYRNES HIGH SCHOOL CLASS OF 1958 UPON THE CELEBRATION OF THEIR GOLDEN ANNIVERSARY YEAR, TO CONGRATULATE THEM ON THEIR MANY SUCCESSES AND ACHIEVEMENTS, AND TO DECLARE THE WEEK OF MAY 24-30, 2008, AS JAMES F. BYRNES CLASS OF 1958 WEEK IN HONOR OF THESE GRADUATES.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5136 (Word version) -- Rep. Chalk: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE TWENTY-FIFTH ANNIVERSARY OF THE TOWN OF HILTON HEAD ISLAND, AND TO CONGRATULATE AND COMMEND MAYOR TOM PEEPLES AND THE CITIZENS OF HILTON HEAD ISLAND FOR A QUARTER CENTURY OF DISPLAYING LOWCOUNTRY CHARM AND HOSPITALITY.

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

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

S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Referred to Committee on Ways and Means

S. 862 (Word version) -- Senators Thomas, Leventis, McGill and Knotts: A BILL TO AMEND SECTION 47-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR INJURING A POLICE DOG OR HORSE, SO AS TO INCREASE THE PENALTY FOR TORTURING, MUTILATING, INJURING, DISABLING, POISONING, OR KILLING A POLICE DOG OR HORSE.
Referred to Committee on Judiciary

S. 1095 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ASSISTANT ADJUTANT GENERAL FOR THE ARMY, SO AS TO INCREASE THE NUMBER OF ASSISTANT ADJUTANT GENERALS TO TWO.
Referred to Committee on Judiciary

S. 1115 (Word version) -- Senators Leventis, Land, Ford, Anderson, Hutto, Malloy, Matthews, Williams, Peeler, Short, Sheheen, Drummond, Jackson, Ceips and Lourie: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION AT PUBLIC COLLEGES AND UNIVERSITIES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE PERSONNEL AND THEIR DEPENDENTS ARE ELIGIBLE TO RECEIVE AND RETAIN IN-STATE TUITION RATES.
Referred to Committee on Ways and Means

S. 1351 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO DRIVER SCHOOLS AND TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3125, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1352 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO ELIGIBLE TELECOMMUNICATIONS CARRIER, DESIGNATED AS REGULATION DOCUMENT NUMBER 3124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1353 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO ELECTRIC SYSTEMS AND GAS SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

Rep. RICE asked unanimous consent to recall S. 1171 (Word version) from the Committee on Ways and Means.
Rep. HART objected.

The Senate Amendments to the following Bill were taken up for consideration:

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. COOPER proposed the following Amendment No. 6A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 base amend4.doc):
Amend the bill, as and if amended, by striking the version of the bill as passed by the Senate and inserting the version of the bill as passed by the House which is incorporated by reference in this amendment. Further references are to the bill as passed by the House of Representatives.
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 2, lines 21-22, opposite /INTERPRETER RECRUITMENT & TRAINING PROGRAM/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 23, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 & 6 by:

Column 5   Column 6

1,082,283   1,082,283
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 21, opposite /ALLOC EIA-ADV. PLACEMENT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

231,173
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 22, opposite /ALLOC EIA-GIFT/TALENT PRG/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,087,803
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 23-24, opposite /ALLOC EIA-SRVC STUDENTS W/DISABILITIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

244,858
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 25-26, opposite /ALLOC EIA-SCH DIST. JR. SCHOLARS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

3,002
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 27, opposite /ALLOC EIA - OTHER ENTITIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,662
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 28, opposite /ALLOC EIA- OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

8,365
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 29, opposite /ALLOC EIA- TECH PREP/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

236,675
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 30, opposite /ALLOC EIA - OTHER ENTITIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

28
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 31, opposite /OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

911
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 32-33, opposite /MODERNIZE VOCATIONAL EQUIPMENT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

230,796
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 34, opposite /ALLOC EIA-ARTS CURRICULA/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

93,027
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 35-36, opposite /P.L. 99-457 PRESCHOOL CHILDREN W/DISABILI/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

231,382
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 37, opposite /ADULT EDUCATION/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

738,223
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 38, opposite /ALTERNATIVE SCHOOLS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

680,637
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 39, opposite /MIDDLE SCHOOL INITIATIVE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

287,511
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 1, opposite /CREDITS HIGH SCHOOL DIPLOMA/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,376,138
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 2, opposite /HIGH SCHOOLS THAT WORK/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

58,230
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 3, opposite /YOUNG ADULT EDUCATION/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

93,168
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 16, opposite /ASSESSMENT / TESTING/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,200,186
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, lines 30-31, opposite /GOVERNOR'S INSTITUTE OF READING/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

172,528
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 32, opposite /INSTRUCTIONAL MATERIALS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,355,524
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 35, opposite /ALLOC EIA-COMP TCHR GRANTS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

74,945
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 10, opposite /EAA TECHNICAL ASSISTANCE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

4,722,610
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 11, opposite /EXTERNAL REVIEW TEAMS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

79,892
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 12, opposite /REPORT CARDS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

56,588
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, lines 13-14, opposite /PALMETTO GOLD & SILVER AWARDS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

174,690
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 15, opposite /SUMMER SCHOOLS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,082,913
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 16, opposite /STUDENT IDENTIFIER/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

77,332
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 17, opposite /DATA COLLECTION/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

95,407
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 22, opposite /OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

9,500
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 23, opposite /REDUCE CLASS SIZE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,040,812
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 24, opposite /ACADEMIC ASSISTANCE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

7,013,022
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 3, opposite /ALLOC EIA-4 YR EARLY CHILD/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,271,317
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, lines 4-5, opposite /ALLOC EIA-SCHOOL BUS DRIVERS SALARIES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

26,249
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 6, opposite /ALLOC EIA-PARENT SUPPORT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

242,211
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 7, opposite /FAMILY LITERACY/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

113,330
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 26, opposite /TEACHER OF THE YEAR/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

9,672
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 27, opposite /TEACHER QUALITY COMMISSION/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

31,667
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 32, opposite /CRITICAL TEACHING NEEDS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

35,108
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 34, opposite /TEACHER SUPPLIES/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

907,906
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 1, opposite /PROFESSIONAL DEVELOPMENT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

407,610
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, lines 4-5, opposite /PROFESSIONAL DEVELOPMENT - NSF GRANTS/ by decreasing the amount(s) in Column 5 by:
  Column 5   Column 6

168,889
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, lines 22-23, opposite /PRINCIPAL EXECUTIVE INSTITUTE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

52,778
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 26, opposite /ALLOC EIA-SLRY SUPP PRINCI/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

180,404
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 33, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

397,840
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 6, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

288,619
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 8, opposite /TECHNOLOGY/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

796,802
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 16, opposite /EOC PUBLIC RELATIONS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

13,194
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 34, opposite /TEACHER PAY (F30)/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

944,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, lines 35-36, opposite /WRITING IMPROVEMENT NETWORK (H27)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

16,796
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, lines 37-38, opposite /EDUCATION OVERSIGHT COMMITTEE (A85)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

79,389
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 1-2, opposite /S.C. GEOGRAPHIC ALLIANCE - USC (H27)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

14,325
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 10-11, opposite /SCHOOL IMPROVEMENT COUNCIL PROJECT (H27)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

11,699
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 14, opposite /CENTERS OF EXCELLENCE (H03)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

41,990
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 15, opposite /TCHR RECRUIT PROG (H03)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

341,869
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 16-17, opposite /CENTER FOR EDUC RECRUIT, RETEN, & ADV (CE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,912
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 18, opposite /TCHR LOAN PROG (E16)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

312,523
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 19, opposite /EOC 4 YEAR OLD EVALUATION/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

23,176
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 20-21, opposite /SERVICE LEARNING ENGAGEMENT (H03)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

3,785
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 24, opposite /EOC FAMILY INVOLVEMENT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,639
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 25-26, opposite /DARLINGTON COUNTY SCHOOL DISTRICT/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 27-28, opposite /SC NATIONAL GUARD YOUTH CHALLENGE PROGRAM/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

400,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 29-30, opposite /ACES PROGRAM AT DEPT OF JUVENILE JUSTICE/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

200,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 31-32, opposite /WIL LOU GRAY OPPORTUNITY SCHOOL/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

200,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 33, opposite /BOYS & GIRLS CLUB/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

260,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 34-35, opposite /SOUTH CAROLINA CHARTER SCHOOLS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

29,115
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 36-37, opposite /FIRST STEPS TO SCHOOL READINESS/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

116,460
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 30, line 12, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Column 5 & 6 by:

Column 5   Column 6

161,246   161,246
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 31, after line 10, by inserting a new line to read:

Column 5   Column 6
ELECTRONIC LIBRARY

200,000   200,000
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 11, opposite /LIFE SCHOLARSHIPS/ by decreasing the amount(s) in Column 5 & 6 by:

Column 5   Column 6

23,252,475   23,252,475
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 12, opposite /PALMETTO FELLOWS SCHOLARSHIPS/ by decreasing the amount(s) in Column 5 & 6 by:

Column 5   Column 6

1,361,750   1,361,750
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 13, opposite /HOPE SCHOLARSHIPS/ by decreasing the amount(s) in Column 5 & 6 by:

Column 5   Column 6

308,504     308,504
Amend the bill further, as and if amended, Part IA, Section 7, HIGHER EDUCATION TUITION GRANTS COMMISSION, page 35, line 19, opposite /OTHER OPERATING EXPENSES / by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

515,389     515,389
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 96, line 6, opposite /HOSPITAL SERVICES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, line 39, opposite /E. PALMETTO HEALTH/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

75,000       75,000
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 98, line 2, opposite /REGENESIS COMMUNITY/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, line 32, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
  Column 5   Column 6

2,610,546   2,610,546
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, line 34, opposite /FAMILY HEALTH CENTERS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

442,427     442,427
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, lines 35-36, opposite /LANCASTER KERSHAW HEALTH CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

174,055     174,055
Amend the bill further, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 112, line 15, opposite /NEW DAY CLUBHOUSE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

98,000       48,000
Amend the bill further, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 115, line 24, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,809,467   1,809,467
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 121, line 26, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

450,000     450,000
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 122, line 3, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

450,000     450,000
Amend the bill further, as and if amended, Part IA, Section 25, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 124, line 22, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

18,254       18,254
Amend the bill further, as and if amended, Part IA, Section 25, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 124, line 34, opposite /ALCOHOL & DRUG TREATMENT / by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

242,518     242,518
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, lines 26-27, opposite /LEXINGTON CTY CHILDREN SHELTER/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

9,194       9,194
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 28, opposite /CAMP HAPPY DAYS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

70,000       70,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 29, opposite /PENDLETON PLACE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

9,194       9,194
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 30, opposite /CAROLINA YOUTH/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

89,899       89,899
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 31, opposite /CHILDREN IN CRISIS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 32, opposite /CALLEN LACY HOUSE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 134, line 9, opposite /GREENVILLE URBAN LEAGUE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

18,389       18,389
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 134, line 26 opposite /TANF ASSISTANCE PAYMENTS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,732,883   3,732,883
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 137, line 29, opposite /BOWERS-ROGERS HOME/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 137, lines 30-31, opposite /PHILLIS WHEATLEY COMMUNITY CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

75,000       75,000
Amend the bill further, as and if amended, Part IA, Section 27, COMMISSION FOR THE BLIND, page 141, line 17, opposite /PUBLIC ASSISTANCE PAYMENTS / by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

88,456       88,456
Amend the bill further, as and if amended, Part IA, Section 30, ARTS COMMISSION, page 149, line 25, opposite /PENN COMMUNITY CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
  Column 5   Column 6

107,976     107,976
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 10-11, opposite /"INFO. RESOURCE CONSULTANTS"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

112,000     112,000

(3.00)       (3.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 12-13, opposite /"GIS MANAGER"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

46,000       46,000

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 14-15, opposite /"SR. SOFTWARE ENGINEER"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

82,500       82,500

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 16-17, opposite /"SR. APPLIC. ANALYST"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 18-19, opposite /"PROGRAMMER"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 20-21, opposite /"RECORDS ANALYST"/ by decreasing the amount(s) in
Columns 5 and 6 by:

Column 5   Column 6

26,400       26,400

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 22-23, opposite /"DATA BASE ADMINISTRATOR"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

54,000       54,000

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 180, line 6, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

126,270     126,270
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 2, opposite /CANADIAN PROMOTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

85,000       85,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 6, opposite /WILDLIFE EXPO/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

225,000     225,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 7, opposite /US YOUTH GAMES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 8, opposite /SPOLETO/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

246,000     246,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 9, opposite /FREEDOM WEEKEND ALOFT/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

250,000     250,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 10, opposite /GASTON COLLARD FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000       5,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 11, opposite /GREENVILLE ZOO/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

40,507       40,507
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 12, opposite /GILBERT PEACH FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

25,000       25,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 13, opposite /PELION PEANUT FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000       5,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 14, opposite /PENDLETON AGRIC. MUSEUM/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,133       4,133
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 15, opposite /OAKLEY PARK/ by decreasing the amount(s) in Columns 5 and 6 by:
  Column 5   Column 6

5,649         5,649
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 16, opposite /RIVERBANKS ZOO/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

166,191     166,191
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 17, opposite /SC SR. SPORTS CLASSIC/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

26,074       26,074
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 18, opposite /WALHALLA-STUMPHOUSE TUNNEL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

8,266       8,266
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 19, opposite /SC JR GOLF ASSOCIATION/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,000       3,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 184, line 18, opposite /PALMETTO TRAILS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 184, line 20, opposite /FRANCIS MARION TRAIL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000     200,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 185, lines 2-3, opposite /H. COOPER BLACK FIELD TRIAL AREA/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, lines 11-12, opposite /SC WORLD TRADE PARK AND EDUCATION CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

297,688     297,688
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, line 14, opposite /HYDROGEN FUEL CELL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

367,640     367,640
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, line 29, opposite /SC TECHNOLOGY ALLIANCE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 190, line 5, opposite /CDC INITIATIVE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,000,000   1,000,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 193, line 7, opposite /CIVIL AIR PATROL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000
Amend the bill further as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 199, lines 26, opposite /UNCLASSIFIED POSITIONS/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000
Amend the bill further, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 202, lines 2-3, opposite /CENTERS FOR FATHERS AND FAMILIES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 216, lines 32-33, opposite /"LAW ENFORCEMENT OFFICERS"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

863,660     863,660

(50.00)       (50.00)
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 216, line 39, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

295,136     295,136
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 218, line 9, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

362,494     362,494
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, lines 20-21, opposite /"TRAFFIC SAFETY INSTRUCTOR"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

171,198     171,198

(3.00)       (3.00)
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, lines 22-23, opposite /"FIREARMS/DRIVING INSTRUCTOR/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

170,235     170,235

(3.00)       (3.00)
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, line 27, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

15,000       15,000
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, line 34, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

105,844     105,844
Amend the bill further, as and if amended, Part IA, Section 51, DEPARTMENT OF CORRECTIONS, page 222, line 4, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,960,739   3,960,739
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 254, lines 8-9, opposite /"EXECUTIVE ASSISTANT II"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

44,382       44,381

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 254, line 15, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

6,383       6,383
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 255, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

12,427       12,427
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 31, opposite /SOUTHERN GROWTH POLICIES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

26,312       26,312
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 32, opposite /SOUTHERN STATES ENERGY BOARD/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

31,372       31,372
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 33, opposite /POET LAUREATE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,000       1,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, lines 34-35, opposite /APPALACHIAN REGIONAL COMMISSION/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

36,000       36,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 38, opposite /MINING COUNCIL/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,000       1,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 285, lines 6-7, opposite /"ATTORNEY III"/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

48,000       48,000

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 289, line 29, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

13,440       13,440
Amend the bill, as and if amended, Part IA, Section 78, ADJUTANT GENERAL'S OFFICE, page 301, line 14, opposite /CIVIL AIR PATROL/ by decreasing the amount(s) in Columns 5 and 6 by:
  Column 5   Column 6

80,000       80,000
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 2-3, opposite /"PROGRAM MANAGER II"/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

(1.00)       (1.00)
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 4-5, opposite /"PROGRAM MANAGER I"/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

(2.00)       (2.00)
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 6-7, opposite /"PROGRAM COORDINATOR II"/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

(2.00)       (2.00)
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 11, opposite /PENSIONS-RET NATL GUARD/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

103,913     103,913
Amend the bill, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 20, opposite /EMPLOYEE PAY PLAN/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

169,777     169,777
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 25, opposite /OPEB TRUST FUND PAYMENT/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

20,000,000   20,000,000
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 30, opposite /MILEAGE REIMBURSEMENT/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

570,000     570,000
Amend the bill, as and if amended, Part IA, Section 83, PROCUREMENT REVIEW PANEL, page 335, line 8, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

6,349       6,349
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, paragraph 1.21 (Mathematics and Science Unit of the Office of Curriculum and Standards), lines 15-17, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 359, paragraph 1.24 (Adult Education/Literacy), lines 3-4, by striking: / The North Family Community School shall receive $2,000 of the funds allocated to Orangeburg County for adult literacy. /
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 373, paragraph 1.76 (STAR Academy Match Requirement), lines 1-4, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 374, paragraph 1A.4 (Gifted & talented/Jr. Academy of Science), lines 13-14, by striking:
/ Of the funds appropriated in Part IA, Section 1, XI.A.1. Gifted & Talented, $100,000 must be provided to the Junior Academy of Science. /
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 378, paragraph 1A.26 (Parenting/Family Literacy), line 23, by striking /Of/; Amend further by striking lines 24-29 in their entirety.
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 378, paragraph 1A.27 (Parenting/Family Literacy/Communities-In-Schools), lines 30-35, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, paragraph 2.7, page 392, line 33, by striking / $52,004,207 / and by inserting / $75,256,682 /; Amend further, page 392, line 34, by striking / $7,767,606 / and by inserting / $8,076,110 /; Amend further, page 392, line 35, by striking
/ $28,915,490 / and by inserting / $30,277,240 /; Amend further, page 393, line 4, by striking / $30,000,000 / and by inserting / $20,000,000 /; Amend further, page 393, line 8, by striking / $47,614,527 / and by inserting / $37,614,527 /; Amend further, page 393, line 29, after "fiscal year." by inserting: / Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 393, after line 32, by adding an appropriately numbered paragraph to read:
/ (LEA: Centers of Economic Excellence) For the current fiscal year only this provision is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

The General Assembly finds that:

(1) It is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2)   These endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3)   In communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4)   The South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from non-state sources sufficient to create endowed professorships;

(5)   These endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6)   These endowed professorships, funded equally from the South Carolina Education Lottery and from other non-state sources, provide a foundation for the creation of centers of economic excellence.

There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this paragraph. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the General Assembly as well as the Budget and Control Board, which shall include an audit performed by an independent auditor.

There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this paragraph. Interest earnings of the endowment must remain in the fund. An application for an award from the endowment shall:

(1) Provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2) Provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3) Be in an amount of not less than two million dollars and not more than five million dollars;

(4) Document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5) Provide specific partnering activities with other institutions, businesses, or the community.

Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals that will enhance the economic competitiveness of our State, and to enhance science and engineering through collaborations in related disciplines. To meet the endowed professorships matching requirement a research university may use funds specifically provided for use in the areas provided in this paragraph that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in this paragraph, only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement. The matching funds in this provision may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board. The board may, at its discretion, permit the senior research universities to utilize a portion of the non-state matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the board may be modified by the board in order to facilitate program success. The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment. In addition to accepting and applying non-state funds, as stipulated in this paragraph, to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from non-state sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of non-state matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002. This provision takes effect upon approval by the Governor. /
Amend the bill, as and if amended, Part IB, Section 3, WIL LOU GRAY OPPORTUNITY SCHOOL, page 394, after line 18, by adding an appropriately numbered paragraph to read:
/ (WLG: Lease Revenue) Wil Lou Opportunity School is authorized to retain revenues derived from the lease of school properties titled to or utilized by the school and may use revenues retained for general school operations, including, but not limited to, maintenance of such properties. Unexpended funds may be carried forward into the current fiscal year and used for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 15, UNIVERSITY OF SOUTH CAROLINA, page 401, paragraph 15.4 (Beaufort Campus - Penn Center), lines 35-36, by striking: / , except that $25,000 shall be transferred to the Colleton Center /
Amend the bill, as and if amended, Part IB, Section 18, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 403, paragraph 18.1 (Training of New & Expanding Industry), line 5, by striking: / available /; Amend further, line 7, by striking: / revenues exceed projections and /
Amend the bill, as and if amended, Part IB, Section 19, EDUCATIONAL TELEVISION COMMISSION, page 404, paragraph 19.4, lines 4-7, by striking the proviso in its entirety and by inserting:
/ 19.4. (ETV: SC Educational Broadband Service Commission/Broadband License) There is created a commission to be known as the South Carolina Educational Broadband Service Commission. All appointees must have a background of substantial duration and expertise in business. The commission shall be composed of the following seven members:

(1)   One member of the private sector appointed by the President Pro Tempore of the Senate;

(2)   One member of the private sector appointed by the Speaker of the House of Representatives;

(3)   One member of the private sector appointed by the Chairman of the Senate Finance Committee;

(4)   One member of the private sector appointed by the Chairman of the House Ways and Means Committee;

(5)   One member of the private sector appointed by the Chairman of the State Regulation of Public Utilities Review Committee

(6)   One member of the private sector appointed by the Vice-Chairman of the State Regulation of Public Utilities Review Committee; and

(7)   One member of the private sector appointed by the Governor.

The commission shall elect its chairman and vice-chairman at the first meeting of the commission. The appointee of the President Pro Tempore of the Senate shall call an organizational meeting for the purpose of electing officers and other matters that may arise.

The commission must meet as soon as practicable after a majority of members have been appointed. A majority of members of the commission who have been appointed shall constitute a quorum for the transaction of business. A vacancy on the commission shall not impair the ability of a quorum to exercise and perform the powers and duties of the commission.

Commission members serve at the pleasure of the appointing authority. A vacancy in the membership of the commission must be filled in the manner of the original appointment. Commission membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of the State. Commission members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13 of Title 8.

Members shall serve without compensation but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business.

The commission has the following powers and duties:

(1)   The commission shall use a competitive process to obtain proposals from commercial entities for the leasing of the excess spectrum capacity of the Education Broadband Service (EBS) licenses held by the South Carolina Educational Television Network. The commission shall seek proposals that utilize the excess spectrum capacity of the EBS licenses in the following manners: (a) a single lease of ETV's excess spectrum capacity without any service requirements; (b) a single lease of ETV's excess spectrum capacity with service requirements as recommended by the commission; (c) multiple leases on a regional basis without any service requirements, such regions to be determined by the commission; (d) multiple leases on a regional basis with service requirements as recommended by the commission, such regions to be determined by the commission; and (e) other manners deemed appropriate by the commission. The commission must also consider whether to include any lease of tower space in the proposals in the lease of excess spectrum capacity. In determining any service requirements to impose on potential lessees, the commission must consider the costs and benefits, both monetary and societal, that would be borne by or inure to the public at large, as well as the public to be served. Because broadband service may be provided using a number of different technologies, each of which has unique characteristics and advantages, the commission, in developing its recommended service requirements, must consider the costs and benefits of all methods available to deploy broadband services throughout the State, including wireline, wireless technologies utilizing other bands of the spectrum, or satellite. The commission must not impose any pricing requirements on lessees and must take steps to ensure that the state's assets are not made available to a private broadband service provider to subsidize a private company's competitive service offerings. The competitive process used by the commission shall be governed exclusively by the procedures stated herein and procedures established by the commission.

(2)   The commission shall evaluate the proposals and present the proposals and its recommendations to the Joint Bond Review Committee. The Joint Bond Review Committee shall evaluate the proposals and the commission's recommendations to determine whether a proposal shall be approved. If the Joint Bond Review Committee determines that a proposal shall be approved, this determination shall be presented at the next meeting of the Budget and Control Board for review and approval. If the Budget and Control Board does not approve a proposal, it shall be returned to the Joint Bond Review Committee for further evaluation and recommendation. The South Carolina Education Television Network must take actions necessary to facilitate the lease of the excess spectrum capacity of the EBS licenses in the manner set forth in an approved proposal and to ensure that ETV complies with any FCC rules or requirements. Revenue received by the State from an approved proposal must be deposited into the State General Fund for recommendation by the Governor and appropriation by the General Assembly.

(3)   The commission is exempt from the Consolidated Procurement Code and is authorized to engage legal counsel, consultants, or other experts to assist it in carrying out its powers and duties subject to the approval of the Executive Director of the Budget and Control Board.

The commission shall use clerical and professional employees of the Budget and Control Board. Upon request of the commission, the South Carolina Educational Television Network must make staff available to the commission.

The commission shall terminate six months after all agreements resulting from an approved proposal are finally executed or no later than June 30, 2010. Upon termination of the commission, the Budget and Control Board shall assume responsibility for the management and administration of all agreements resulting from an approved proposal.

The Budget and Control Board is authorized and directed to pay for any expenses of the commission incurred in the performance of its responsibilities, including but not limited to the cost of professional assistance, up to an aggregate amount not to exceed $750,000. The Executive Director of the Budget and Control Board is authorized to expend and use such sources of agency funds as the director determines, including the dormant Funded Debt Sinking Fund. In addition to any other carry forward allowed by law, the Budget and Control Board is specially authorized to carry forward from Fiscal Year 2007-08 into Fiscal Year 2008-09 unspent general fund appropriations in the maximum amount it may be required to expend in support of the commission and its activities. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 405, paragraph 21.1 (Recoupment/Restricted Fund), lines 6-11, by striking the paragraph in its entirety and by inserting:
/ 21.1.   (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits. The restricted fund will derive from prior year program refunds. The restricted fund shall not exceed one percent of the total appropriation authorization for the current year. Amounts in excess of one percent will be remitted to the general fund.

There is created in the State Treasury the Medicaid Reserve Fund, which is separate and distinct from the general fund of the State and all other funds. Recouped refunds and identified program overpayments must be credited to the fund. In addition, the fund balance in Subfund 3762 shall be transferred to the newly created Reserve Fund. Any balance in the fund at the end of the prior fiscal year shall be carried forward into the current fiscal year. The Department of Health and Human Services shall also deposit any prior year program refunds or overpayments, excluding pharmacy rebates, into the Medicaid Reserve Fund. The department may use the Reserve Fund to offset operating deficits or audit disallowances from the Medicaid program. At any time, the balance of the Reserve Fund may not exceed fifty million dollars and any excess, up to ten million dollars shall be provided to the Allied Health Initiative, with any remaining excess remitted to the general fund. Withdrawals from the Reserve Fund must be approved by the State Budget and Control Board in advance. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 409, paragraph 21.28 (Prevention Partnership Grants), lines 28-31, by striking:
/ Of the these funds, $200,000 shall be allocated to the Eastover Medical Center, $200,000 shall be allocated to the Midlands Community Health Center, $100,000 shall be allocated to Healthy Learners, $50,000 shall be allocated to the South Carolina Chapter of the ALS Association, and $250,000 shall be allocated to the Little River Medical Clinic. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 412, paragraph 21.36 (Carry forward Funds-Health Initiatives), line 18, after "$100,000;" by inserting: / and / Amend further, line 20 by striking: / ; and / and inserting: / . /; Amend further, lines 21-22 by striking: / Department of Social Services Safe Homes Rape Crisis $25,000. /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, paragraph 22.49 (Laurens County Water and Sewer Commission), lines 32-34, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, after line 34, by adding an appropriately numbered paragraph to read:
/ (DHEC: Use of Radiological Fees) For the current fiscal year, the Department of Health and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001 from fees listed in regulation R61-64 Title B (X-Rays). /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, after line 34, by adding an appropriately numbered paragraph to read:
/ (DHEC: Pharmacist Permits) For the current fiscal year, provisions requiring that all department facilities distributing or dispensing prescription drugs be permitted by the Board of Pharmacy and that each pharmacy have a pharmacist-in-charge are suspended. Each Department of Health and Environmental Control Health District shall be required to have a permit to distribute or dispense prescription drugs. A department pharmacist may serve as the pharmacist-in-charge without being physically present in the pharmacy. The department is authorized to designate one pharmacist-in-charge to serve more than one health district. Only pharmacists, nurses, or physicians are allowed to dispense the following medications at department facilities: hormonal medications, antibiotics for tuberculosis, and antibiotics for sexually transmitted diseases. In the event of a public health emergency or upon activation of the strategic national stockpile, other medications could be dispensed as necessary.
Amend the bill, as and if amended, Part IB, Section 23, DEPARTMENT OF MENTAL HEALTH, page 421, paragraph 23.3 (Patient Fee Account), lines 16-30, by striking the paragraph in its entirety and by inserting:
/   23.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill, and the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set forth in this proviso. /
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 438, paragraph 39.1 (Canadian Day), lines 34-35 and page 439, lines 1-2, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 441, paragraph 39.10 (Tourism Product Development Carry Forward), lines 1-4, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 443, paragraph 40.16 (SC World Trade Center), lines 34-35, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 444, paragraph 40.26 (World Trade Center), lines 28-29, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.39 (SC Rural Infrastructure Authority), lines 25-27, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.40 (Spartanburg Entrepreneurial Success program), lines 28-30, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.42 (SC Community Enterprise Center), lines 34-36, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 44, JUDICIAL DEPARTMENT, page 448, paragraph 44.17 (Fathers and Families Initiative), lines 35-36 and page 449, lines 1-11, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 47, COMMISSION ON INDIGENT DEFENSE, page 455, paragraph 47.11 (Assessments Increase), lines 18-19, by striking: / , of which $106,000 must be allocated to the Anderson County Upstate Youth Camp /.
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF JUVENILE JUSTICE, page 471, paragraph 53.20 (ACES), lines 28-31, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 75, COMPTROLLER GENERAL'S OFFICE, page 493, paragraph 75.5 (Unemployment Compensation Fund Administration), line 34, by striking / two / and inserting / one /
Amend the bill, as and if amended, Part IB, Section 75, COMPTROLLER GENERAL'S OFFICE, page 494, after line 24, by adding an appropriately numbered paragraph to read:
/ (CG: Transaction Register) The Comptroller General shall make available for use by each county government, municipal government, special purpose district, and all state agencies a transaction register which includes a complete record of all checks written for one hundred dollars or more from whatever source for whatever purpose and all credit card expenditures, including expenditures on credit cards issued to state and local officers or employees for official use. The register must be prominently posted on the Comptroller General's Internet website and made available for public viewing and downloading. The register must not include an entry for salary, wages, or other compensation paid to individual employees. The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or expenditure. The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for one year. If an entity provides the Comptroller General with information it must be in a mutually agreed upon format. The Comptroller General shall utilize existing appropriations to comply with this provision. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 506, paragraph 80A.31 (Competitive Grants), lines 23-24, by striking: / Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for a competitive grants program. /; Amend further, line 24, by striking / These Funds / and by inserting / Funds appropriated to the board for Competitive Grants /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 510, paragraph 80A.47 (FY 08-09 Employee Compensation), lines 11-36, and page 511, lines 1-8, by striking the paragraph in its entirety and by inserting:
/ 80A.47.   (BCB: FY 07-08 08-09 Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:

1.   With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3% 1%.

2.   With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average 3% 1% increase. All of the salaries are subject to the provisions of Section 89.18 of Part IB of this act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.

3.   With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads the General Assembly authorizes salary increases for agency heads and technical or community college presidents to be provided by the respective employing authority for the agency head or technical or community college president only as recommended by the Agency Head Salary Commission. Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range. Funding must be provided for an amount equivalent to the pay increase for all classified employees. Any additional funding required shall be funded from the individual agency or technical or community college budget. The salary increases recommended by the Agency Head Salary Commission to the Budget and Control Board on December 11, 2007 shall be implemented on July 1, 2008, and are not subject to any further approval.

4.   Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3% 1%.

5.   With respect to local health care providers compensation increases shall be 3% 1% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor's Office on Aging, compensation shall be increased by 3% 1% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to local councils on aging or local providers of services funded by the Lieutenant Governor's Office on Aging through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts shall be increased by 3% 1%.

6.   Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 3% 1%.

7.   Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of 3% 1%.

The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.

The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget.

Funds appropriated in Part IA, F30, Section 80C, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 512, paragraph 80A.55 (Sale of Surplus Real Property), lines 1-29, by striking the paragraph in its entirety and by inserting:
/ 80A.55.   (BCB: Sale of Surplus Real Property) Up to 50% of the proceeds, net of selling expenses, from the sale of surplus real properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings. The remaining 50% of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes. This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Columbia State Farmers Market; the Department of Agriculture's Columbia Metrology Lab building and property; the Charleston Naval Complex Redevelopment Authority; the Department of Commerce's Division of Public Railways; the Midlands Technical College Enterprise Campus Authority; the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College, the Commissioners residence at the Department of Corrections and the Educational Television Commission's Key Road property.

The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, and such proceeds shall only be used for the renovation of the ETV Telecommunications Center. If it is determined that sufficient net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the Telecommunications Center, the property on Key Road shall not be sold. Any proposed sale hereunder shall, prior to said sale, be submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection.

The Department of Corrections shall be authorized to retain the net proceeds from the sale of the residence provided for the Commissioner of the Department of Corrections and use such proceeds for deferred maintenance needs at the Department of Corrections.

The Forestry Commission shall be authorized to retain the net proceeds from the sale of a tract of land containing a total of ten acres or less in Horry County. Receipts generated by the sale of this tract shall be utilized for the agency's capital improvement and/or facility maintenance program. The commission may sell this tract of land at or above fair market value as determined by independent appraisal.

The Department of Agriculture, the Educational Television Commission, the Department of Corrections, and the Forestry Commission shall annually submit a report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from such sale.

This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.

Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 513, paragraph 80A.61 (SC Rural Infrastructure Authority), lines 14-15, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 513, after line 15, by adding an appropriately numbered paragraph to read:
/ 80A.63. (BCB: Payment of Layman Judgment) The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment will be reimbursed as well as any lost investment earnings as calculated by the State Treasurer.

The State Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. The source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund at the end of Fiscal Year 2007-08. Reimbursement of the Insurance Reserve Fund is the first priority for such lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of this act for Fiscal Year 2008-09. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions, proviso 89.29 that allows agencies to carry forward up to ten percent of their general funds. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 530, paragraph 89.29 (Carry Forward), lines 30-31, by striking / surplus/deficit must be considered after all appropriations from the Capital Reserve Fund have been allowed / and by inserting: / deficit shall be determined after first applying the Capital Reserve Fund provisions in Section 11-11-320(D) of the 1976 Code, /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 545, paragraph 89.107 (Alternative Homestead Exemption Trust Fund Payment), lines 32-36, and page 546, lines 1-11, by striking the proviso in its entirety.
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Governor's Security Detail) The State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources shall provide a security detail to the Governor in a manner agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Governor's Office. Reimbursement to the State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources to offset the cost of the security detail for the Governor shall be made in an amount agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Governor's Office from funds appropriated to the Governor's Office for this purpose. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Removal of Notwithstanding) The Code Commissioner is directed to remove the term "notwithstanding any other provision of law" from any paragraph contained in Part IB of this act and re-punctuate the paragraph to read appropriately. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/   (GP: Income Tax Reduction for Married Individuals) (A) For taxable years beginning after 2006, the rate of tax imposed pursuant to Section 12-6-510(A) of the 1976 Code on the lowest bracket of South Carolina taxable income is reduced from 2.5 percent to zero percent, and the Department of Revenue shall adjust amounts due in tax tables prescribed by the department.

(B)   (1) Notwithstanding the provisions of subparagraph (A) of this paragraph, the rate of tax imposed pursuant to Section 12-6-510(A) of the 1976 Code on the current three percent bracket of married individuals filing a joint South Carolina income tax return is reduced according to the following schedule:

Taxable Year       Applicable Rate

2008         2.9 percent

2009         2.7 percent

2010         2.4 percent

after 2010     2 percent.

(2)   For purposes of this subparagraph, a married taxpayer is a taxpayer who:

(a)   files a joint federal income tax return for the applicable taxable year; and

(b)   is married in a lawful domestic union as provided pursuant to Section 15, Article XVII of the Constitution of this State.

(3)   The Department of Revenue, in conformity with this subparagraph, shall adjust amounts due in tax tables prescribed by the department. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Sales Tax Revenue for Highways - Toll Roads) A. The General Assembly finds that:

(1)   before a motor vehicle may be licensed and registered by the Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;

(2)   without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and

(3)   the revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the "sources of revenue" that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.

B.   (1)   Notwithstanding the provisions of Section 59-21-1010 of the 1976 Code, an amount as provided in subsubparagraph (3) of this subparagraph of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010 of the 1976 Code, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20 of the 1976 Code. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this subparagraph must be used exclusively for highway, road, and bridge maintenance.

(2)   In Fiscal Year 2008-09, an amount equal to one million dollars of the revenues specified in item (1) of this subparagraph must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this item in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this item in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this item must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C) of the 1976 Code. The balance of the revenue credited in a fiscal year pursuant to this item must be credited to the State Non-Federal Aid Highway Fund.

(3)   There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this subparagraph.

(4)   In Fiscal Year 2008-09, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to one million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to item (2) of this subparagraph in each fiscal year must be similarly transferred.

C.   (A)   The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330 of the 1976 Code. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1)   credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under subparagraph D for the purpose of funding:

(a)   the cost of construction, financing, operation, and maintenance of the toll project; or

(b)   in the case of any Qualified Toll Project, the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or

(2)   used to service bonded indebtedness for highway transportation purposes incurred pursuant to paragraph 9, Section 13, Article X of the South Carolina Constitution.

(B)   Upon repayment of the cost of construction and financing, toll charges shall cease, and in addition, in the case of any Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of the department under any agreement authorized under subparagraph D, toll charges shall cease.

(C)   For purposes of this subparagraph and subparagraph D, a 'Qualified Toll Project' is a toll project on which tolls were being collected prior to January 1, 2008.

D.   (A)   From the funds appropriated to the Department of Transportation and from any other sources which may be available to the department, the Department of Transportation may expend such funds as it deems necessary to enter into agreements with political subdivisions including authorized transportation authorities, or private entities to finance, by tolls and other financing methods:

(1)   the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in this State;

(2)   in the case of any Qualified Toll Project (as defined in Section 12-28-2920 of the 1976 Code), the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State, or

(3)   the department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing.

(B)   The provisions of this subparagraph must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of law.

E.   The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 548, paragraph 90.4 (Titling of Real Property), line 20, after "Transportation;" by inserting: / the Midlands Technical College Enterprise Campus Authority, the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College; /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 548, paragraph 90.5 (Tobacco Settlement), line 28, by striking:
/ $10,000,000 / and by reinserting: / $10,500,000 /; Amend further, line 30, by striking: / $10,000,000 / and by inserting: / $10,500,000 /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 549, paragraph 90.6 (Contingency Reserve Fund), lines 12-26, by striking the lines in their entirety and by inserting:
/ (2)   After the appropriation of any amounts required pursuant to item (1) of this subsection and upon the close of the books for Fiscal Year 2006-07, the first $50,000,000 shall be deposited into an account and utilized to address other post employment benefits.

(3) (2)   After the appropriation of amounts required pursuant to items item (1) and (2) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for: by the General Assembly as it deems appropriate.

(a)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(b)   school buildings;

(c)   school buses; and

(d)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match requirements with the Federal Emergency Management Agency. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 563, paragraph 90.12 (Health and Human Services Funding), lines 33-35, page 564, lines 1-36, and page 565, lines 1-16 by striking the paragraph in its entirety and by inserting:
/ 90.12.   (SR: Health and Human Services Funding) The source of funds appropriated in this provision is $109,487,499 of Department of Health and Human Services general fund appropriations, carry forward funds and earmarked and restricted special revenue fund accounts.

Of these funds, the department is directed to disburse the following Department of Health and Human Services appropriations for the purposes stated:

A.   Medicaid Maintenance of Effort   $   29,000,000;

B.   Institutes for Mental Disease Transition   $   13,000,000;

C.   300 Slots for Community Choices Waiver   $   1,250,000;

D.   Personal Care III & Attendant II Rate Increases   $   500,000;

E.   Rural Hospital Grants   $   3,000,000;

F.     Loris Hospital   $   1,000,000;

G.   Federally Qualified Community Health Centers   $   700,000;

H.   MUSC Disproportionate Share   $   11,000,000;   and

I.     Allied Health Initiative   $   6,000,000.

The $11,000,000 appropriated for Disproportionate Share directed to the Department of Health and Human Services on behalf of the Medical University of South Carolina Hospital Authority under Title 59, Section 59-123-60(I) shall be transferred to the Medical University Hospital Authority within the first quarter of the state fiscal year. Of these funds 250,000 shall be provided to the USC Medical School for cancer screening and prevention. The remaining funds shall initially be used as match funds for the hospital's disproportionate share and other Medicaid reimbursement programs as prescribed under paragraph (I).

Of these funds the department is further directed to transfer the following amounts to the specified agencies for the purposes stated:

A.   Department of Health and Environmental Control

1)   Coastal Permitting   $   665,000;

2)   AIDS Drug Assistance Program   $   2,400,000;

3)   SUPERB Fund   $   2,000,000;

4)   Best Chance Network   $   2,000,000;

5)   Colorectal Cancer Screening   $   750,000;

B.   Department of Mental Health

Maintenance of Effort-Base Program/Service

Maintenance   $   5,358,317;

C.   Department of Disabilities and Special Needs

1)   Rehabilitation Services   $   2,253,000;

2)   Pervasive Developmental Disorder Waiver   $   4,500,000;

3)   Community Support   $   3,000,000;

4)   Greenwood Genetics Center   $   3,500,000;

D.   Vocational Rehabilitation

1)   Gaffney VR Re-Roofing   $   300,000;

2)   Anderson VR Re-Roofing   $   350,000;

3)   Oconee VR Center Parking Lot   $   100,000;

4)   Transportation Services   $   250,000;

E.   Department of Alcohol and Other Drug

Abuse Services

1)   Alcohol Enforcement Teams   $   500,000;

2)   Adolescent Prevention & Treatment

Aid to Entities   $   1,600,000;

F.   Department of Social Services

1)   Medicaid Staffing Replacement Funds   $   801,708;

2)   Child Support Enforcement System Development   $   9,000,000;

3)   Annualization of Recurring Services

a)Adoption Subsidy   $   2,000,000;

b)   Child Care Vouchers   $   2,609,474;   and

4)   Seahaven   $   100,000. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 565, paragraph 90.13 (Nonrecurring Revenue), lines 17-36, page 566, lines 1-36, page 567, lines 1-36, and page 568, lines 1-22, by striking the paragraph in its entirety and by inserting:
/ 90.13.   (SR: Nonrecurring Revenue) (A) The source of revenue appropriated in this provision is $59,772,811 of non-recurring revenue generated from the following sources, transferred to the State Treasurer, and subsequently deposited in a fund separate and distinct from the General Fund as established within the State Treasurer's Office: (1) the State Treasurer shall transfer $12,108,453 of the excess cash balance from E16, State Treasurer's Office, Subfund 3879, Unclaimed Property; (2) the Budget and Control Board shall transfer the $5,986,280 excess balance from F30, B&C-Employee Benefits; (3) the Department of Agriculture shall transfer $14,424,482 of the funds appropriated by Act 122 of 2007 for the Farmers Market and carried forward from the prior fiscal year; (4) the Department of Health and Environmental Control shall transfer $5,000,000 of the funds appropriated and/or authorized for Competitive Grants and carried forward from the prior fiscal year; (5) the Department of Parks, Recreation and Tourism shall transfer $5,000,000 of the funds appropriated and/or authorized for Competitive Grants and carried forward from the prior fiscal year; and (6) excluding the revenues distributed to Barnwell County and South Carolina waste generators, the State Treasurer shall transfer the first $17,253,596 of the FY 2007-08 revenue credited to the Nuclear Waste Disposal Receipts Distribution Fund from the Barnwell Low Level Waste Facility for use in this provision and all revenues in excess of $17,253,596 must be credited to an escrow account created within the Budget and Control Board. The escrow account must be used to offset any operating shortfalls resulting from the facility's operations.

(B)   The State Treasurer shall disburse the following appropriations for the purposes stated:

(1)     H63-Department of Education

(A)   Public School Child Development Education

Pilot Program   $   15,774,750;

(B)   School Bus Operations     3,803,871;

(C)   Assessments     1,000,000;

(D)   Textbooks     3,331,413;

(E)   Summer Schools     12,000,000;

(F)   Teacher Supplies to $275     807,094;

(2)     H67-Educational Television Commission

Educational Satellite Services     800,000;

(3)     H03-Commission on Higher Education

University Center of Greenville     1,112,229;

(4)     H12-Clemson University

LightRail     700,000;

(5)     H27-University of South Carolina - Columbia

LightRail     700,000;

(6)     H51-Medical University of South Carolina

LightRail     700,000;

(7)     H59-State Board for Technical and Comprehensive

Education

Center for Accelerated Technology     3,000,000;

(8)     P21-South Carolina State University - PSA

1890 Research and Extension     646,399;

(9)     E20-Attorney General's Office

State of SC v State of NC - Water Transfer     1,400,000;

(10   )   N12-Department of Juvenile Justice

(A)   Admission Center Overflow     20,330;

(B)   Intensive Probation & Parole Supervision     25,616;

(11)     U12-Department of Transportation

Mass Transit     643,334;

(12)     E04-Lieutenant Governor's Office

Home and Community Based Services     2,900,000;

(13 )   E28-Election Commission

General Election 2008     357,775;

(14)     F03-Budget and Control Board

SC Enterprise Information System Project

(SCEIS)     2,000,000;

(15)     P28-Department of Parks, Recreation, and Tourism

(A)   Advertising and Marketing     2,000,000;

(B)   Destination Specific Grants     5,000,000;

(C)   Regional Tourism Districts     550,000;

(16)     P20-Clemson University-PSA

Operating Expenses     500,000;   and

Total Appropriations   $   59,972,811.

Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 568, after line 25, by adding an appropriately numbered paragraph to read:
/   (SR: Unemployment Compensation Excess Cash Balance) The Comptroller General shall transfer $30,400,000 to the State General Fund by September 1, 2008, from the excess cash balance from E12, Comptroller General's Office, Subfund 4007, Unemployment Compensation Fund and the State Treasurer shall transfer $2,891,547 of the excess cash balance from E16, State Treasurer's Office, Subfund 3879, Unclaimed Property to be used as a source to support appropriations. These transfers are deemed to have occurred and are available for use in Fiscal year 2008-09 after September 1, 2008, following the Comptroller General's close of the state's books on Fiscal Year 2007-08. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 568, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Spending Limit for Fiscal Year 2009-10) (A)(1) In addition to all other applicable constitutional and statutory limitations on general fund appropriations, notwithstanding any other provisions of law, and only to the extent that the limit on general fund appropriations for a fiscal year imposed by this subparagraph is less than the annual limit imposed pursuant to Section 7(c) of the Constitution of this State and Section 11-11-410, total general fund appropriations for Fiscal Year 2009-10 may not exceed the lesser of:

(a)   one hundred six percent of the adjusted base-year estimate; or

(b)   the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.

(2)   As used in this subparagraph, the 'adjusted base-year estimate' is the general fund revenue estimate made by the Board of Economic Advisors on February 15, 2008, for Fiscal Year 2008-09, including both recurring and nonrecurring revenues from whatever source derived as adjusted annually and cumulatively as provided in item (1) of this subparagraph.

(3)   The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth.

(4)   Before the Governor may submit the proposed budget for this fiscal year, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this subparagraph. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.

(B)   (1)   Notwithstanding the provisions of subparagraph (A) of this paragraph, the General Assembly may declare a financial emergency and suspend the spending limitation imposed pursuant to subparagraph (A) for the fiscal year for a specific amount by a special vote as provided in this item by enactment of legislation which relates only to that matter. The state general fund appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if the limitation imposed pursuant to subparagraph (A) had not been suspended.

(2)   The special vote referred to in this item means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.

(C)   (1)   There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in Fiscal Year 2009-10 in excess of the limit on appropriations provided pursuant to subparagraph (A) of this paragraph must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in item (2) of this subparagraph.

(2)   (a)   If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund. To the extent these concurrent replenishments of the general reserve fund exceed the amount necessary for its full funding, the general reserve fund as provided in Article III, Section 36 of the Constitution of this State, that fund is deemed to require an annual minimum balance equal to this increased amount not to exceed a total from all sources of a balance equal to four percent of general fund revenue in the latest completed fiscal year. The additional balance in the general reserve fund provided pursuant to this paragraph is for all purposes and uses a part of the general reserve fund.

(b)   After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for:

(i)   temporary tax reductions;

(ii)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(iii)   school buildings;

(iv)   school buses; and

(v)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.

(c)   The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.

(d)   Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 6A, Rep. COOPER having the floor.

The Senate returned to the House with concurrence the following:

H. 5018 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, 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, Daning, 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, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, 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 DECLARE APRIL 2008 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

H. 5116 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, 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, Daning, 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, Miller, 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, 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 RECOGNIZE AND HONOR SPIRAX SARCO, INCORPORATED IN RICHLAND COUNTY FOR TEN YEARS OF OPERATIONAL EXCELLENCE, AND TO CONGRATULATE ITS MANAGEMENT AND EMPLOYEES FOR RECEIVING THE 2007 TOP PLANT AWARD FROM PLANT ENGINEERING MAGAZINE.

H. 5118 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SALLY WILSON HUGHES OF ABBEVILLE COUNTY UPON THE OCCASION OF HER RETIREMENT AFTER MORE THAN FORTY-THREE YEARS OF PUBLIC SERVICE, AND TO WISH HER HAPPINESS AND SUCCESS IN ALL HER FUTURE ENDEAVORS.

H. 5122 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO HONOR MRS. MAMIE J. REARDEN OF EDGEFIELD COUNTY, A MUCH-LOVED MATRIARCH OF SPRINGFIELD BAPTIST CHURCH, AT NEARLY ONE HUNDRED TEN YEARS OF AGE, AND TO WISH HER CONTINUED HEALTH AND HAPPINESS.

H. 5123 (Word version) -- Reps. Barfield and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONWAY CHRISTIAN SCHOOL GIRLS BASKETBALL TEAM OF HORRY COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACH FOR CAPTURING THIRD PLACE IN THE 2008 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS STATE TOURNAMENT.

H. 5132 (Word version) -- Reps. Huggins and Ballentine: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE MR. AND MRS. FURMAN RAYMOND YOUNGINER OF LEXINGTON COUNTY UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.

At 4:54 p.m. the House, in accordance with the motion of Rep. HIOTT, adjourned in memory of Tony Johnson of Pickens, to meet at 10:00 a.m. tomorrow.

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