South Carolina House Journal - June 5, 2008 - South Carolina Legislature Online

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

Printed Page 5091 . . . . . Thursday, June 5, 2008

Thursday, June 5, 2008
(Statewide Session)

~~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 Psalm 121:8: "The Lord will watch over your coming and going both now and forevermore."
Let us pray. Bless our going out, we pray, and bless our entrance in like measure. Bless these Representatives as they return to their homes and families. Bless their toil and labor and whatever was said or done that was not pleasing to You, forgive us. Give them rest, give them pleasure, and bless us all as we reach the end of our labor in this House. Bless those who are retiring. We give You thanks for their duty, faithfulness, and their contributions. Continue to care for them and their families. Be with all our staff and those who provide service to us. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. 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.

MOTION ADOPTED

Rep. CRAWFORD moved that when the House adjourns, it adjourn in memory of Christopher James Yahnis of Florence, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in remembrance of all those who lost their life in the D-Day invasion.

Printed Page 5092 . . . . . Thursday, June 5, 2008

REGULATIONS RECEIVED

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

Document No. 3214
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60, 39-41-260, and 40-82-70
Fire Prevention and Life Safety
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3215
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety for Special Occupancies
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3216
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60 and 23-36-10, et seq.
Explosives
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3217
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-40 and 23-9-45
Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
Received by Speaker of the House of Representatives

Printed Page 5093 . . . . . Thursday, June 5, 2008

June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3218
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 40-82-70
Liquefied Petroleum (LP) Gas
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3219
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-10, et seq. and 23-35-10, et seq.
Fireworks and Pyrotechnics
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3220
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60 and 24-9-20
Fire Prevention and Life Safety in Local Detention Facilities
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

R. 328, H. 4529--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives

Printed Page 5094 . . . . . Thursday, June 5, 2008

Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4529 (Word version), R. 328.
This bill simply enumerates an appeals process for businesses or individuals cited for selling cosmetic contact lenses without a prescription.
We are vetoing this bill for several reasons.
The rights it intends to provide are already available to those who are fined under the current law. Rather than go through the lawmaking route, the Department of Consumer Affairs could easily specify the appeals process on the back of the citation summons. All this is a long way of saying that this bill does what current law already dictates, and, as such, is redundant and unnecessary.
As you may know, I vetoed the underlying law in 2005 because the penalty seemed excessive relative to the public health risk. That bill allowed the Department of Consumer Affairs to impose up to a $5,000 fine on businesses or individuals who sell non-powered contact lenses without a prescription or are unlicensed in the field of optometry or ophthalmology. At the time, we compared the severity of the fine, up to $5,000, to the $25 fine enacted at about the same time for failure to wear a seatbelt.
Although we think it would be foolish to wear contact lenses without a doctor's prescription, at the end of the day, the choice to purchase cosmetic contact lenses at a flea market or out of the back of a pickup truck ought to be the decision of the individual - rather than yet another prohibition by government. We believe the lawmaking realm ought to be aimed at problems that are fundamentally public in nature. Given that our nation's framers' greatest value was this notion of freedom, we believe even the freedom to do things that are inherently stupid - like putting something in your eye without knowing its makeup or quality - should be preserved in our system. The key here is that you are putting the object into your own eye rather than someone else's and, accordingly, it ought to be the decision of the individual.
For the reasons stated above, I am vetoing H. 4529, R. 328, and returning it to you without my signature.

Printed Page 5095 . . . . . Thursday, June 5, 2008

Sincerely,
Mark Sanford
Governor

R. 333, H. 4900--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

September 17, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my signature H. 4900, R-333.

H. 4900 (Word version) requires cigarette manufacturers to sell only cigarettes that have been certified as meeting standards that allegedly reduce the chance of igniting combustible materials, such as upholstered furniture, mattresses, bed linens, and curtains.

Given the real tragedy that too often occurs with fire, I applaud the intent of those that have advanced this legislation. The partnership between responsible corporations in this instance and firefighters I find to be especially commendable. As great as these things are though, I am compelled to veto this legislation for the way that it dictates product features in a competitive market place, and I do not believe this to be the role of government. If the benefits of the ignition standards are as real as the proposed standards would suggest we trust the consumer to make purchases accordingly. This is especially the case since three companies control more than 80 percent of this market and each has plans to go to the ignition standards in question.

We have tried to be very consistent in advancing this principal. Here are but a few instances where we have stood on the side of letting market forces rather than government edict determine the make up of a product. As is the case with this bill, we vetoed each of these bills.

H. 3084 - Motorcycle Franchise - 5/14/08

This bill mandated that a motorcycle manufacturer give notice to an existing dealer when the manufacturer intends to open another dealership within 15 miles of the existing dealer, up from the current three-mile radius. Additionally, this bill would have given an existing dealer 45 days following notice to the manufacturer to file a civil action

Printed Page 5096 . . . . . Thursday, June 5, 2008

if the existing dealer objects to the proposed new dealership. The current law allows 15 days. At this point, a court would determine, based on criteria outlined in the bill, whether or not the manufacturer is able to establish a new franchise in the region.

H. 3632 - Nursing Badges - 4/2/08

This bill mandated that licensed nurses must clearly be identified by wearing an identification badge at least one inch by three inches in size bearing the nurse's name and title. Bill would have required more than 58,000 nurses statewide to wear an ID tag.

H. 4595 - HVAC Requirements - 5/31/06

This bill, which established licensing requirements for heating/air conditioner installers, was vetoed because it prohibited individuals from buying services from unlicensed installers.

H. 3507 - Rights of Parties to a Commercial Lease - 11/4/04

This bill, which mandated rights for parties to a commerical lease, was vetoed because it interfered with the parties freedom to contract.

S. 103 - Dietetics Licensure - 6/6/06

The bill established a state process for licensing dieticians and made it unlawful for a person to call themselves a dietician unless licensed. Licensure is predicated on either a bachelor's or a master's degree in a nutrition-related field and successfully completing a qualifying exam. The bill also made it illegal for a person not licensed as a dietician to hold himself or herself out as a dietician, licensed dietician, or use the letters "LD" behind their name.

H. 3749 - Cabela's - 2007, S. 1245 and H. 4874 - 2006

These bills singled out two companies - Bass Pro Shop and Cabela's - giving special incentives (job tax credit for retail and 50% sales tax rebate) to these companies - another example of government entering the free market. Incentives could equal as much as $9 million over five years for one store.

As helpful as this measure would be to these companies in this instance, allowing government to direct the composition of a product is an idea that cuts both ways - and inevitably would work against them were we to further codify governments prerogative to design products in an open and competitive market.

For these reasons, we are vetoing H. 4900, R. 333.

Sincerely,
Mark Sanford
Governor

Printed Page 5097 . . . . . Thursday, June 5, 2008

R. 319, H. 3028--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3028 (Word version), R. 319, which is intended to protect consumers from deceptive trade practices related to South Carolina grown products.
What makes this bill particularly troublesome is that it is an offshoot of a taxpayer-funded advertising campaign to promote South Carolina agricultural goods. We have supported funding for the Commissioner of Agriculture to promote South Carolina grown products, but this takes a slogan to encourage a South Carolina purchase to an entirely new level. While the bill intends to strengthen consumer protections, we believe it is both unnecessarily duplicative of current law, and it actually weakens the protections already in place.
First, we believe H. 3028 is unnecessary because current law provides significant and stronger protections to South Carolina consumers and vendors of food products than this legislation. The South Carolina Unfair Trade Practices Act (SCUPTA) was enacted over 45 years ago to give the Attorney General power to bring criminal and civil action against individuals for knowingly and willfully mislabeling food products. As a result, current law allows the Attorney General to seek jail time, fines, or both, for any individual found guilty under this law. The law also allows affected vendors, in this case South Carolina farmers, the ability to seek civil damages for three times the amount of economic harm suffered due to mislabeled food products.
Aside from those significant criminal and civil penalties, the South Carolina Food and Cosmetic Act (SCFCA) grants the Commissioner of Agriculture the ability to seek immediate injunctive relief against anyone who misbrands or falsely advertises food products and provides for additional criminal penalties. On these grounds alone, H. 3028 is completely unnecessary.
Second, if the intent was to create stiffer penalties than current law, the bill fails again. Both the SCUTPA and the SCFCA allow either the

Printed Page 5098 . . . . . Thursday, June 5, 2008

Attorney General or Commissioner of Agriculture to seek injunctive relief if they have "reasonable cause" to believe certain food products are intentionally misrepresented to the public - which would immediately stop the unlawful act. H. 3028 requires the Attorney General to use a much higher standard of "knowingly and willfully" to prove misrepresentation. Practically speaking, the Attorney General is far more likely to use the tools provided under current law rather than he is to bring an action under this legislation - which we believe renders H. 3028 completely and totally ineffective.
For the reasons stated above, I am vetoing H. 3028, R. 319.

Sincerely,
Mark Sanford
Governor

R. 322, H. 3723--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3723 (Word version), R. 322.
This legislation mandates that each school district develop and implement an automated external defibrillator (AED) program for public high schools. The AED is a portable device designed to allow non-medical personnel to administer an electric shock to a person in cardiac arrest.
Research has shown 100 incidences of this type occur annually in high schools and colleges across the nation. Using this figure, roughly one tragic death will occur per year in South Carolina high schools. Any death, especially one that can be avoided, is one too many, and in attempting to do something about the horror of a young person dying well before his or her time, this bill is well-intended. While we applaud this bill's aim to have AEDs present during unforeseen incidents, we have reservations about the way in which this bill does so for two specific reasons.

Printed Page 5099 . . . . . Thursday, June 5, 2008

First, it is important to note that this bill supplies the mandate that schools provide AED's without the funding to accompany the mandate. We do not believe in unfunded mandates however virtuous the cause. If Washington demands that states do something, then it should pay for that which it requires. In the same vein, if Columbia mandates something, it should provide funding to go with the mandate.
While we recognize the state's role in setting policy within the school system, we believe that more education decisions ought to be made at the school and school district level. Parents and local leadership love their children no less than leaders in Columbia, and we trust them to decide for themselves how best to handle this need. In this case, mandating that each public high school purchase this device - costing between $1,200 and $3,000 each - goes against the notion of trusting and allowing communities to make decisions that they believe are in the best interest of their students.
Second, money to purchase these devices is available through private sources as well as the federal government. Almost half of our 256 public high schools already have AEDs. Some of the schools have acquired them through private sources such as hospital systems that donate the devices or through the South Carolina High School League. In fact, over the past five years, the League has provided $1,000 each to 76 schools for these devices. On the federal level, in 2002, President George W. Bush signed the "Community Access to Emergency Devices Act." This Act authorizes $30 million in federal grants to be made available to applicant states and localities for the purchase and placement of AEDs in public places where cardiac arrests are likely to occur.
Given these multiple sources of funding, I urge the high schools without an AED to look to their local community and pursue private donations or consider the available federal funds. For example, the high school booster club or parent-teacher association could contact the local hospital system or request an application from the South Carolina High School League. The point here is that this is a real need - a need that currently has money sources available both through public and private circles. Given these money sources would not be complemented at the state level, we think it is important to leave this decision at the local level.
For the above reasons, I am vetoing H. 3723, R. 322, and respectfully ask for your support in upholding this veto.

Printed Page 5100 . . . . . Thursday, June 5, 2008

Sincerely,
Mark Sanford
Governor

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 35 to 9:

Veto 1 Part 1A, Section 1; Page 12; Department of Education, Section XIII. Aid to School Districts; C. Special Allocations, YMCA - Youth in Government; $18,445.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 3 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Hospitality, Tourism, and Management Program; $545,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5101 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 27 to 11:

Veto 4 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Business - Economic Partnership Initiative; $1,204,314.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 5 Part IA; Section 10; Page 38; University of Charleston; Education & General; Special Items; Effective Teaching & Learning; $901,800.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 6 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Global Trade & Resource Center; $350,000.

Printed Page 5102 . . . . . Thursday, June 5, 2008

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 7 Part IA; Section 12; Page 44; Francis Marion University; I. Education and General; A. Unrestricted; Special Items; Rural Assistance Initiative; $600,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 9 Part IA; Section 15F; Page 61; USC - Salkehatchie Campus; Education & General; Unrestricted; Salkehatchie Leadership Center; $100,460.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5103 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 38 to 6:

Veto 10 Part IA; Section 21; Page 85; Department of Health and Human Services; II. Programs and Services; A. Health Services; 3. Medical Assistance Payment; Z. Children's Health Insurance Program; $21,279,557.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 11 Part 1B; Section 21.32; Pages 359-360; Department of Health and Human Services; State Children's Health Insurance Program.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 12 Part IA; Section 30; Page 129; Art Commission; II. Statewide Arts Services; Special Items; McClellanville Arts Council; $12,500.

Printed Page 5104 . . . . . Thursday, June 5, 2008

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 13 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; DUI Defense of Indigents; $1,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 14 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; Criminal Domestic Violence; $1,320,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5105 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 45 to 1:

Veto 15 Part IA; Section 49; Page 187; Department of Public Safety; II. Programs and Services; D. Bureau of Protective Services; Special Item; Hunley Security; $257,317.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 16 Part IA; Section 73; Page 256; Lieutenant Governor's Office; II. Office on Aging; Special Item; Silver Haired Legislature; $15,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 17 Part IA; Section 78; Page 266; Adjutant General's Office; X. State Guard; Other Operating Expenses; $97,768.

Very respectfully,
President

Printed Page 5106 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 20 Part 1B; Section 19.4; Pages 352-353; Paragraphs 1 and 2; Educational Television Commission; ETV: SC Educational Broadband Service Commission/Broadband License.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 21 Part 1B; Section 21.12; Page 356; Department of Health and Human Services; DHHS: Chiropractic Services.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5107 . . . . . Thursday, June 5, 2008

Veto 22 Part 1B; Section 21.26; Page 358; Department of Health and Human Services; Prior Authorization Exemptions.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 23 Part 1B; Section 21.35; Page 360; Health and Human Services; Long Term Care Facility Reimbursement Rates.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 24 Part 1B; Section 21.36; Page 360; Department of Health and Human Services; Carry Forward Funds-Health Initiatives, $1,283,695.

Very respectfully,
President

Printed Page 5108 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 25 Part IB; Section 21.36; Page 360; Medical University of South Carolina, Rural Dentist Program, $250,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Veto by the Governor on R. 293, H. 4800 by a vote of 18 to 24:

Veto 26 Part 1B; Section 21.38; Page 360; Department of Health and Human Services; DHHS: Monthly Reporting Requirement.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5109 . . . . . Thursday, June 5, 2008

Veto 27 Part 1B; Section 21.39; Page 361; Health and Human Services; Upper Payment Limit for Non-State Owned Public Nursing Facilities.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 28 Part 1B; Section 21.40; Page 361; Health and Human Services; Nursing Services to High Risk/ High Tech Children.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 30 Part 1B; Section 26.28; Page 377; Department of Social Services; Teen Pregnancy Prevention; $1,200,000.

Very respectfully,
President

Printed Page 5110 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 31 Part 1B; Section 37.1; Pages 382-383; Department of Natural Resources; County Funds.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 32 Part 1B; Section 37.2; Page 383; Department of Natural Resources; DNR: County Game Funds/Equipment Purchase.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 34 Part 1B; Section 39.7; Page 386; Department of Parks, Recreation and Tourism; State Park Privatization Approval.

Printed Page 5111 . . . . . Thursday, June 5, 2008

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 35 Part 1B; Section 39.15; Page 387; Parks, Recreation and Tourism; Regional Tourism.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 36 Part 1B; Section 40.20; Page 390; Department of Commerce; Funding for I-73 & I-74.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5112 . . . . . Thursday, June 5, 2008

Veto 38 Part 1B; Section 40.35; Pages 391-392; Department of Commerce; Economic Development Organizations.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 39 Part 1B; Section 40.41; Page 392; Department of Commerce; Repayment of Energy Loan.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 40 Part 1B; Section 51.32; Pages 410-411; Department of Corrections; Quota Elimination.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5113 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 44 to 2:

Veto 41 Part 1B; Section 65.10; Page 420; Labor, Licensing and Regulation; Wind and Structural Engineering Research Lab, $100,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 42 Part 1B; Section 76.15; Page 438; State Treasurer's Office; Printing Wage Statements.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 44 Part 1B; Section 80A.9; Page 443; Budget and Control Board; Compensation - Agency Head Salary.

Very respectfully,
President

Printed Page 5114 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 46 Part 1B; Section 22.40; Page 367; Department of Health and Environmental Control; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 47 Part 1B; Section 39.6; Page 386; Department of Parks, Recreation and Tourism; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 48 Part 1B; Section 40.23; Page 390; Department of Commerce; Competitive Grants.

Printed Page 5115 . . . . . Thursday, June 5, 2008

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 49 Part 1B, Section 80A.31; Page 447; Budget and Control Board; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 50 Part 1B, Section 80A.33; Pages 447-448; Budget and Control Board; Grants Review Committee.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5116 . . . . . Thursday, June 5, 2008

Veto 51 Part 1B; Section 89.87; Page 482; General Provisions; Competitive Grants Funds Carry Forward.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 52 Part 1B; Section 89.94; Page 483; General Provisions; Homeland Security Projects.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 55 Part 1B; Section 89.100; Page 483; General Provision; Lt. Governor Security Detail.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5117 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 39 to 7:

Veto 57 Part IB; Section 90.12; Page 489; Item E; Department of Health and Human Services; Rural Hospital Grants; $3,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 58 Part IB; Section 90.12; Page 489; Item G; MUSC Disproportionate Share; $7,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 59 Part IB; Section 90.12; Page 490; Item C.4; Department of Disabilities and Special Needs; Greenwood Genetics Center; $3,500,000.

Very respectfully,
President

Printed Page 5118 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 60 Part 1B; Section 90.12; Statewide Revenue; Page 490; Item E.2.; Department of Alcohol and Other Drug Abuse Services; State Block Grants; $500,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 61 Part IB; Section 90.13; Page 491; Item (B)(4); Non-recurring Revenue; H12-Clemson University; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5119 . . . . . Thursday, June 5, 2008

Veto 62 Part IB; Section 90.13; Page 491; Item (B)(5); Non-recurring Revenue; H27-University of South Carolina-Columbia; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 63 Part IB; Section 90.13; Page 491; Item (B)(6); Non-recurring Revenue; H51-Medical University of South Carolina; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 64 Part IB; Section 90.13; Page 491; Item (B)(10); Non-recurring Revenue; P20-Clemson University-PSA; Operating expenses; $275,000.

Very respectfully,
President

Printed Page 5120 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Veto 65 Part IB; Section 90.13; Page 491; Item (B)(14); Non-recurring Revenue; E23-Commission on Indigent Defense; Public Defenders & Staff; $3,993,844.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 294, H. 4801 (Word version) by a vote of 44 to 2:

Veto 1 Section 1; Item 4; Clemson University; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Printed Page 5121 . . . . . Thursday, June 5, 2008

Veto 2 Section 1; Item 5; University of South Carolina-Columbia; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 3 Section 1; Item 6; Medical University of South Carolina; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 4 Section 1; Item 7; Commission on Higher Education; Research Authority-Hydrogen Grants; $2,500,000.

Very respectfully,
President
Received as information.

Printed Page 5122 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Land, Hayes and Alexander of the Committee of Free Conference on the part of the Senate on S. 530:

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.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 530:

Printed Page 5123 . . . . . Thursday, June 5, 2008

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Statewide Appointment
South Carolina Prisoner of War Commission
Term Commencing: July 1, 2007
Term Expiring: July 1, 2011
Seat: 5th Congressional District

Reappointment
Mr. T. J. Martin
1255 Filbert Highway
York, South Carolina 29745

Very respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Local Appointment

Georgetown County Master-in-Equity
Term Commencing: December 31, 2007
Term Expiring: December 31, 2013

Printed Page 5124 . . . . . Thursday, June 5, 2008

Seat: Master-in-Equity
Vice: Benjamin Culbertson

Initial Appointment
Mr. Joe M. Crosby
222 Cannon Street
Georgetown, South Carolina 29490

Very respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Malloy, Rankin and Cleary of the Committee of Free Conference on the part of the Senate on S. 144:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE; TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE COMMISSION NO LATER THAN JUNE 1, 2009.

Very respectfully,
President
Received as information.

Printed Page 5125 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF

Printed Page 5126 . . . . . Thursday, June 5, 2008

PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 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. 3008:

H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT

Printed Page 5127 . . . . . Thursday, June 5, 2008

PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL, TO LIMIT THIS EXEMPTION TO THREE YEARS, AND PROVIDE FOR RECAPTURE OF AMOUNTS EXEMPTED IF THE PROPERTY IS TRANSFERRED; TO AMEND SECTION 12-6-3310, AS AMENDED, RELATING TO THE APPLICATION OF TAX CREDITS, SO AS TO PROVIDE FOR THE APPLICATION OF TAX CREDITS WHEN EARNED BY CERTAIN LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE HEADQUARTERS INCOME TAX CREDIT, SO AS TO REVISE REQUIREMENTS WITH RESPECT TO THIS CREDIT; TO AMEND SECTION 12-6-3520, AS AMENDED, RELATING TO THE INCOME CREDIT FOR HABITAT MANAGEMENT, SO AS TO PROVIDE FOR THE APPLICATION OF THIS CREDIT FOR PASS THROUGH ENTITIES; TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO ADD A DEFINITION FOR A "SIGNIFICANT BUSINESS"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO REVISE ELIGIBILITY FOR WAIVER LIMITS OF A SIGNIFICANT BUSINESS AND REVISE OTHER ELIGIBILITY REQUIREMENTS FOR THIS CREDIT; AND TO AMEND SECTIONS 12-44-30, 4-29-67, AND 4-12-30, ALL AS AMENDED, RELATING RESPECTIVELY TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT AND RELATING TO FEES IN LIEU OF TAXES, SO AS TO PROVIDE FOR THAT INVESTMENT ATTRIBUTED TO A SPONSOR.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

Printed Page 5128 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3674:

H. 3674 (Word version) -- Reps. Cato, Perry, J. H. Neal, Chellis, Harvin, F. N. Smith, Bedingfield, Simrill, Crawford, Leach, W. D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G. R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, CHAPTER 59 TO TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT"; TO REQUIRE AN INSURER, UPON REQUEST, TO PROVIDE THE FEE SCHEDULE THAT IS CONTRACTED WITH THE REQUESTING PHYSICIAN AND TO PROVIDE THAT THE FEE SCHEDULE MUST BE KEPT CONFIDENTIAL; TO PROVIDE THAT CLEAN CLAIMS SUBMITTED BY PAPER MUST BE PAID WITHIN FORTY BUSINESS DAYS OF RECEIPT OR OF THE DATE ALL NECESSARY INFORMATION HAS BEEN RECEIVED AND TWENTY BUSINESS DAYS FOR CLAIMS SUBMITTED ELECTRONICALLY; TO REQUIRE INSURERS TO MAINTAIN A SYSTEM FOR TRACKING RECEIPT AND DISPOSITION OF CLAIMS, TO PROVIDE ACKNOWLEDGEMENT OF CLAIMS RECEIVED AND NOTICE OF DEFECT OR ERRORS IN CLAIMS, AND TO ESTABLISH TIMEFRAMES FOR PROVIDING SUCH INFORMATION; TO PROVIDE THAT CLAIMS THAT ARE NOT TIMELY PAID IN ACCORDANCE WITH THIS ARTICLE ACCRUE INTEREST AT THE LEGAL RATE OF INTEREST, AS PROVIDED FOR IN LAW; TO SPECIFY CIRCUMSTANCES UNDER WHICH INTEREST PAYMENTS ARE NOT REQUIRED; TO ESTABLISH PROCEDURES AND TIMEFRAMES FOR CONDUCTING OVERPAYMENT RECOVERY EFFORTS; TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO CLAIMS PROCESSED UNDER ANY NATIONAL ACCOUNT DELIVERY PROGRAM; AND TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE AND TO FURTHER SPECIFY SANCTIONS THE DEPARTMENT MAY IMPOSE FOR VIOLATIONS; AND TO AMEND SECTION 38-71-230, RELATING TO WRITTEN NOTICE OF HEALTH INSURANCE CLAIMS POLICIES AND

Printed Page 5129 . . . . . Thursday, June 5, 2008

PROCEDURES AND THE ADOPTION OF STANDARDIZED CLAIM FORMS, SO AS TO MAKE TECHNICAL CORRECTIONS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL PERMITS FOR THE STOCKING OF STERILE WHITE AMUR OR GRASS CARP HYBRIDS IN THE WATERS OF THIS STATE, TO PROVIDE THAT THE SPECIAL PERMITS MUST CERTIFY THAT THE PERMITEE'S WHITE AMUR OR GRASS CARP HYBRIDS HAVE BEEN TESTED AND DETERMINED TO BE STERILE, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE WHITE AMUR OR GRASS CARP HYBRIDS PROVIDED BASED ON SIZE, AND TO PROVIDE THAT SUBJECT TO CERTAIN CONDITIONS THE DEPARTMENT MAY ISSUE SPECIAL PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NONSTERILE WHITE AMUR OR GRASS CARP HYBRIDS.

Very respectfully,
President
Received as information.

Printed Page 5130 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 295, H. 4876 by a vote of 41 to 0:

(R295, H4876 (Word version)) -- Reps. Cooper and Cotty: AN ACT TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO PROVIDE A GUARANTEED TWO PERCENT ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES, TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE PROVISIONS SHALL READ UPON CERTAIN CONDITIONS, AND TO PROVIDE THE ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD FOR THE ABOVE PROVISIONS TO BECOME EFFECTIVE; TO AMEND SECTION 9-8-125, AS AMENDED, RELATING TO THE ELECTION OF A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS TO RECEIVE BENEFITS FROM THE GENERAL ASSEMBLY RETIREMENT SYSTEM UNDER CERTAIN CONDITIONS, SO AS

Printed Page 5131 . . . . . Thursday, June 5, 2008

TO LOWER THE REQUIRED AGE OF THE MEMBER; TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 ALL 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, AND BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 ALL 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, AND BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 ALL 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, AND BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 ALL 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

Printed Page 5132 . . . . . Thursday, June 5, 2008

CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; BY ADDING CHAPTER 12 TO TITLE 9 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, AND BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 ALL 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, AND BY ADDING SECTIONS 9-8-35 AND 9-8-185 ALL 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, AND BY ADDING SECTIONS 9-9-31 AND 9-9-175 ALL SO AS 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, AND BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 ALL 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 12-6-40, AS AMENDED, RELATING TO THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, SO AS TO PROVIDE A REFERENCE DATE OF DECEMBER 31, 2007; 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

Printed Page 5133 . . . . . Thursday, June 5, 2008

APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3993:

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "HISTORIC BASEBALL LEAGUES DAY" IN SOUTH CAROLINA.

Very respectfully,
President
Received as information.

S. 96--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 96:

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING

Printed Page 5134 . . . . . Thursday, June 5, 2008

SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
and asks for a Committee of Conference and has appointed Senators Rankin, Sheheen and Cleary to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CLEMMONS, CRAWFORD and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4355--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4355:

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX

Printed Page 5135 . . . . . Thursday, June 5, 2008

EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.

Very respectfully,
President

On motion of Rep. COOPER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LITTLEJOHN, LIMEHOUSE and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1445 (Word version) -- Senators McConnell, Campsen, Cleary and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME WINGO WAY IN THE TOWN OF MT. PLEASANT FROM HOUSTON NORTHCUTT BOULEVARD TO PATRIOT'S POINT ROAD AS "HARRY HALLMAN BOULEVARD" IN HONOR OF CURRENT MT. PLEASANT MAYOR AND FORMER MEMBER OF THE GENERAL ASSEMBLY, HARRY M. HALLMAN, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC SERVANTS, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS BOULEVARD THAT CONTAIN THE WORDS "HARRY HALLMAN BOULEVARD".

Whereas, the Honorable Harry M. Hallman, Jr. is one of the most widely respected business, civic, and governmental leaders in the State of South Carolina; and

Whereas, Mr. Hallman, who presently serves as mayor of the Town of Mt. Pleasant, is a former member of the South Carolina House of Representatives, former chairman of the board of the Department of Health and Environmental Control, is a former member of the South Carolina State Development Board, has served in numerous leadership capacities on the local and community level; and

Printed Page 5136 . . . . . Thursday, June 5, 2008

Whereas, he is a graduate of the University of South Carolina and holds an honorary Doctor of Humane Letters degree from the University of Charleston; and

Whereas, seldom has a person done as much for his community and State as Harry Hallman has done; and

Whereas, it is fitting and proper for the members of the South Carolina General Assembly to pay tribute to one of South Carolina's most distinguished public servants by having this boulevard named in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly request that the Department of Transportation name Wingo Way in the Town of Mt. Pleasant from Houston Northcutt Boulevard to Patriot's Point Road as "Harry Hallman Boulevard" in honor of current Mt. Pleasant mayor and former member of the General Assembly, Harry M. Hallman, Jr., one of South Carolina's most distinguished public servants, and erect appropriate markers or signs along this boulevard that contain the words "Harry Hallman Boulevard".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

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

ROLL CALL

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

Allen                  Anthony                Bales
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Branham                Brantley               Breeland
R. Brown               Cato                   Chalk
Clemmons               Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Daning                 Dantzler               Delleney

Printed Page 5137 . . . . . Thursday, June 5, 2008

Duncan                 Edge                   Erickson
Frye                   Funderburk             Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Herbkersman
Hiott                  Hodges                 Hosey
Hutson                 Jefferson              Kelly
Kirsh                  Knight                 Limehouse
Littlejohn             Lucas                  Mahaffey
McLeod                 Miller                 Moss
Mulvaney               J. M. Neal             Neilson
Owens                  Phillips               E. H. Pitts
Rice                   Scarborough            Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, June 5.

Paul Agnew                        Anne Parks
Jackie Hayes                      Chris Hart
Terry Alexander                   Carl Anderson
Joan Brady                        William Clyburn
Ralph Davenport                   Kenneth Kennedy
Phillip Lowe                      David Mack
James Merrill                     Joseph Neal
Harry Ott                         Skipper Perry
Lewis E. Pinson                   W. E. "Bill" Sandifer
John Scott                        Bakari Sellers
Gary Simrill                      James E. Smith
Doug Smith                        Leon Stavrinakis
James E. Stewart                  Jackson "Seth" Whipper
William R. "Bill" Whitmire        Nathan Ballentine
Jerry Govan                       Grady Brown
Dwight Loftis                     Chip Huggins
David Weeks                       Gloria Haskins

Printed Page 5138 . . . . . Thursday, June 5, 2008

Leon Howard                       Harold Mitchell
Douglas Jennings                  Todd Rutherford

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. A. PITTS a leave of absence for the day to attend the mid-year board meeting of the National Assembly of Sportsmen's Caucuses in Miami, Florida.

STATEMENT BY REP. F. N. SMITH

Rep. F. N. SMITH made a statement relative to Rep. HAMILTON'S service in the House.

STATEMENT BY REP. HAMILTON

Rep. HAMILTON made a statement relative to his service in the House.

STATEMENTS BY REPS. BARFIELD, EDGE,
HARDWICK AND OTT

Reps. BARFIELD, EDGE, HARDWICK and OTT made statements relative to Rep. WITHERSPOON'S service in the House.

STATEMENT BY REP. WITHERSPOON

Rep. WITHERSPOON made a statement relative to his service in the House.

STATEMENTS BY REPS. HARRISON AND BRADY

Reps. HARRISON and BRADY made statements relative to Rep. COTTY'S service in the House.

STATEMENT BY REP. COTTY

Rep. COTTY made a statement relative to his service in the House.

Printed Page 5139 . . . . . Thursday, June 5, 2008

STATEMENTS BY REPS. HARRISON, J. H. NEAL, HOWARD, GOVAN, RUTHERFORD AND HART

Reps. HARRISON, J. H. NEAL, HOWARD, HART and GOVAN made statements relative to Rep. SCOTT'S service in the House.

STATEMENT BY REP. SCOTT

Rep. SCOTT made a statement relative to his service in the House.
I want to thank all of you; my constituents from House District 77, those who elected me for the beginning of my career in public service, those two years on the county council, along with those of you who have served with me for the past eighteen years, and the desk staff, the Blatt Building staff and even those in the lobby, who have become friends over the years.
When I came to the House, we had a budget of about 4.2 billion dollars and now it is 7.2 billion. Bob Sheheen was the Speaker then, until 1994, when David Wilkins was elected Speaker and now, Bobby Harrell. Two years after I arrived, I moved from the 3-M Committee to the Judiciary Committee where Jim Hodges was the chairman and later, Jim Harrison became chairman.
I visited South Africa and returned a changed man. It was about 15 years ago, before Nelson Mandela became President and he said something I never forgot..."We have worked hard to climb the many hills, just to discover that there are many more hills to climb."
I have worked under four Governors, Carroll Campbell, David Beasley, Jim Hodges, and Mark Sanford. And earlier on, I worked for Governors Edwards and Riley. And through it all we have renovated our State House, moved across the street to the old "Beau's" and back again to our new home.
I have served in this Body with Members like Lindsey Graham, Gresham Barrett and Henry Brown. I have served with four minority leaders, three I shared leadership with as the Assistant Minority Leader, Doug Jennings, James Smith and Harry Ott. I've also served four majority leaders of the House, Marion Carnell, Larry Koon, my good friend, the late Alex Harvin, who gave me the best advice, "Pick your fights, John," and I've tried to follow that advice. Even though I've found myself in fights I didn't belong in occasionally!
We have seen the removal of the Confederate Battle Flag from the House Chamber and we have instituted Martin Luther King Day as a state holiday. We have christened the African American Monument on the grounds of the State House and we have added two portraits in the House Chamber, of the only two African American Speakers, Robert

Printed Page 5140 . . . . . Thursday, June 5, 2008

Brown Elliott and Samuel J. Lee. We have passed the State Education Lottery and have implemented new voting machines.
To be a part of this State's process in electing its first African American Supreme Court Justice, the Honorable Ernest Finney, and later the first female State Supreme Court Justice, Jean Toal, has been my honor.
We have made progress, but much work is still to be done. We must improve the hiring of minorities in top positions, the educational system, the transportation system, the sharing of leadership roles in this body and state, the election of more minority judges, and much more.
I'd like to recognize my five seatmates over the years, James Faber, Levola Taylor, Joe Neal, Joe Brown and most recently, Christ Hart. I'd also like to recognize my friend through good times and bad, Jerry Govan. And I'd like to make some presentations that I'd promised over the years. For Murrell Smith, the cufflinks you'd admired and I'd promised you. And another set of cufflinks for Alan Clemmons, who has gifted me with so many beautiful neckties. And finally, for Rep. Wallace Scarborough, a pair of new, white socks...as we all know, he doesn't have any socks!
Seriously, everyone wants the same things, a safe place to rear their children, good jobs, good educational systems, a fair and just legal system and leadership that will stand up and upon whom we can depend.
Rep. John Scott

S. 987--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

Printed Page 5141 . . . . . Thursday, June 5, 2008

TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.

Reps. HAGOOD and HERBKERSMAN, with unanimous consent, proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20751SD08), which was adopted:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, in its entirety.
Renumber sections to conform.
Amend title to conform.

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

Printed Page 5142 . . . . . Thursday, June 5, 2008

Rep. RUTHERFORD, with unanimous consent, proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\ 20756SD08), which was tabled:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, and inserting:
/ (E) The operator of a watercraft under thirty feet in length may only be stopped by a state law enforcement officer for a violation of state law relating to the operation of the watercraft, excluding any fish or game violations, if the law enforcement officer has probable cause to believe such a violation occurred. /
Renumber sections to conform.
Amend title to conform.

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

Rep. RUTHERFORD, with unanimous consent, proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\ 20758SD08), which was tabled:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, and inserting:
/ (E) The operator of a watercraft under thirty feet in length being operated on freshwater may only be stopped by a state law enforcement officer for boating safety or equipment violations if the law enforcement officer has probable cause to believe such a violation has occurred. /
Renumber sections to conform.
Amend title to conform.

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

The Bill was read the third time and ordered returned to the Senate with amendments.

Printed Page 5143 . . . . . Thursday, June 5, 2008

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO 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.

S. 1313 (Word version) -- Senators Knotts, Peeler, Williams, Elliott, Ford, Vaughn, Grooms, Malloy, Cromer, Bryant, Courson, Setzler, McConnell, Ceips, Ritchie, Cleary, Campsen, Short, McGill, Patterson, Reese, Ryberg, Fair, Thomas, Campbell, Anderson, Drummond, Pinckney, Jackson, Alexander, Leatherman, O'Dell, Lourie, Matthews, Martin, Rankin, Hayes and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-223 SO AS TO PROVIDE THAT A PERSON WHO THROUGH A BOND FOR TITLE, LEASE-PURCHASE AGREEMENT, CONTRACT FOR SALE, OR OTHER TYPE OF CONTRACTUAL AGREEMENT OWNS AN EQUITABLE INTEREST IN A PARCEL OF REAL PROPERTY, THE LEGAL TITLE TO WHICH REMAINS IN THE SELLER, WHICH THAT PERSON MAINTAINS AS HIS LEGAL RESIDENCE QUALIFIES FOR A FOUR PERCENT ASSESSMENT RATIO THEREON IF HE MEETS ALL OTHER REQUIREMENTS PROVIDED BY LAW FOR SUCH CLASSIFICATION INCLUDING A REQUIREMENT IN THE CONTRACTUAL AGREEMENT THAT HE IS RESPONSIBLE FOR THE REAL PROPERTY TAXES ON THE PROPERTY.

Printed Page 5144 . . . . . Thursday, June 5, 2008

AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.

ORDERED ENROLLED FOR RATIFICATION

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. 1172 (Word version) -- Senators Knotts, Ford, Fair, Elliott, Thomas, Short, O'Dell, Reese and Anderson: A BILL TO AMEND SECTION 17-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILLING OF VACANCIES IN THE OFFICE OF THE CORONER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE VACANCIES SHALL BE FILLED AND FOR THE PERSON WHO SHALL ACT IN THE CORONER'S PLACE IF A VACANCY OR SUSPENSION IN THE OFFICE EXISTS.

S. 913--DEBATE ADJOURNED

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

S. 913 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ELECTION BALLOTS, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR MUST PROVIDE FOR BALLOTS AS REQUIRED BY LAW AND TO DELETE OBSOLETE LANGUAGE.

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

S. 1159--NONCONCURRENCE IN SENATE AMENDMENTS

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

Printed Page 5145 . . . . . Thursday, June 5, 2008

CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

H. 4764--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO

Printed Page 5146 . . . . . Thursday, June 5, 2008

AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE

Printed Page 5147 . . . . . Thursday, June 5, 2008

DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO PROVIDE FOR OTHER PROHIBITED ACTS; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A TITLE WHEN A PERSON COMES INTO POSSESSION OF A WATERCRAFT WITHOUT PROPER PROOF OF OWNERSHIP; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE

Printed Page 5148 . . . . . Thursday, June 5, 2008

DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT.

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.

S. 605--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO

Printed Page 5149 . . . . . Thursday, June 5, 2008

AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.

Rep. MILLER 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.

S. 1131--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING

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EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.

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.

H. 4783--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT AN APPLICANT MUST BE ENROLLED AND PARTICIPATING IN THE INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND

Printed Page 5151 . . . . . Thursday, June 5, 2008

CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; AND TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE.

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.

H. 4554--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.

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Reps. BEDINGFIELD and CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\AGM\19282MM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 40-57-180(G) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:
/ "(G) The commission shall establish and publish standards relevant to the approval and conduct of education required by this chapter.

(1) The department shall review, approve, and regulate education courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions. Notwithstanding another rule or regulation, all Certified Commercial Investment Member (CCIM) designation courses approved by the CCIM institute and all Graduate Realtor Institute (GRI) designation courses approved by the National Association of Realtors must be approved for post-licensing and continuing education credit upon application accompanied by applicable fees.

(2) The department may deny, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the department finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter.

(3) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the department and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the department before the commencement of any instruction. Instructors that hold the Certified Commercial Investment Member (CCIM) designation conferred by the CCIM Institute are approved for instruction in all commercial real estate courses upon application accompanied by the applicable fees.

(4) If an application for provider, instructor, or course is not approved, the reason must be detailed and the applicant must be given thirty days to respond.

(5) Upon approval, certificates must be issued to providers, courses, and instructors to be renewed biennially.

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(6) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach.

(7) Approved instructors shall attend instructor development workshops sponsored by the department or provide evidence of equivalent hours of continuing education that increases their knowledge of the subject content in their area of expertise or their teaching techniques.

(8) The commission must allow for electronic delivery including, but not limited to, the Internet, videoconference, or other interactive electronic means, of all courses approved for continuing education." /
Renumber sections to conform.
Amend title to conform.

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

Rep. DUNCAN proposed the following Amendment No. 2A (Doc Name COUNCIL\GJK\20744SD08), which was adopted:
Amend the bill, as and if amended, in Section 6-1-315 of the 1976 Code, as contained in SECTION 1, by adding a new item (3) to subsection (B) on line 23, page 2 to read:
/ (3) Notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon the gross proceeds of an auctioneer licensed under Chapter 6 of Title 40 for the first three auctions conducted by the auctioneer in the county or municipality, unless the auctioneer maintains a principal or branch office in the county or municipality. /
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with business licensing fees and taxation of realtors and the Amendment merely

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included auctioneers to that list of professional businesses. He overruled the Point of Order.

The amendment was then adopted by a division vote of 39 to 23.

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

H. 4867--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: 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.

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.

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H. 5009--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.

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.

S. 577--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.

Rep. F. N. SMITH explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

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S. 503--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

H. 4320--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.

Rep. WALKER proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\5602BB08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3, as contained on page 2, in its entirety and inserting:
/ SECTION 3. A member of the United States Armed Forces that, as of the effective date of this act, is stationed outside of this State or was stationed outside of this State for any time during the past twelve months to the extent that he would not be considered a resident of this State for the purposes of this title, but has graduated from a South Carolina high school, and has maintained significant contacts with the

Printed Page 5157 . . . . . Thursday, June 5, 2008

State during his service, including, but not limited to, continuously paying property taxes, is a resident or resides in this State, as the case may be, for purposes of this title. This section is repealed on July 1, 2009. This section does not apply for the purpose of eligibility for state scholarships and grants. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER 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.

H. 4847--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4847 (Word version) -- Reps. Cotty, Brady and J. E. Smith: A BILL TO AMEND SECTION 56-5-5810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF CERTAIN TERMS THAT RELATE TO THE DISPOSITION OF CERTAIN ABANDONED OR DERELICT VEHICLES ON PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS ALSO APPLY TO THESE TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5, TITLE 56, AND TO PROVIDE THAT THE DEFINITION OF THE TERM "OFFICER" INCLUDES CODE ENFORCEMENT OFFICERS.

Rep. DELLENEY 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.

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ORDERED ENROLLED FOR RATIFICATION

S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

H. 5250--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5250 (Word version) -- Reps. Allen and F. N. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME LINE ROAD (S-23-807) IN GREENVILLE COUNTY "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD".

Whereas, Attorney Donald James Sampson was born on August 4, 1919, in Sumter County and died on May 26, 2001; and

Whereas, he married the former LaBarbara Powell in 1942, and to this union three children were born; and

Whereas, Mr. Sampson completed his elementary and secondary education in Sumter County, obtained his Bachelor of Science degree from Hampton Institute in 1941, and earned his Bachelor of Laws degree from Temple University in 1950; and

Whereas, he served his country with distinction in the United States Army from 1941 to 1945, having attained the rank of First Lieutenant

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in the 369th Anti-Aircraft Artillery Regiment stationed in the Pacific; and

Whereas, the Sampsons moved to Greenville in 1951, where Mr. Sampson was the first African American attorney in Greenville County and began a long illustrious, and distinguished career in the practice of law which spanned approximately fifty years; and

Whereas, as a civil rights leader and activist in South Carolina, he played an integral part in court cases that ended segregation in the state's public schools, libraries, transportation systems, accommodations, and other facilities; and

Whereas, for his lifetime achievements, Attorney Sampson was awarded the Order of the Palmetto in 2000, and has been recognized by the South Carolina Bar Association; and

Whereas, it is fitting and proper for the South Carolina General Assembly to honor the memory of this illustrious son of South Carolina by naming a highway in Greenville County in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly request that the Department of Transportation name Line Road (S-23-807) in Greenville County "Donald James Sampson, Esquire Boulevard" and erect appropriate markers or signs along this highway that contain the words "Donald James Sampson, Esquire Boulevard".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1383--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION

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NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".

The Concurrent Resolution was adopted and sent to the Senate.

S. 1448--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".

Whereas, in 1959, at twenty-three years old and a freshly minted graduate of Southern Baptist Seminary, Dr. Richard Alderman was called to pastor Little Rock Baptist Church in Dillon County; and

Whereas, this year, at seventy-two years old, Dr. Alderman will observe his forty-ninth anniversary as pastor of Little Rock, a small rural community church outside the Town of Dillon; and

Whereas, throughout his tenure as pastor, Dr. Alderman has committed himself to unashamed expository preaching and teaching of the Word of God, always being available and loyal to his congregation, and maintaining a strong commitment to world missions; and

Whereas, his ministry at Little Rock is a family affair where he leads the choir, his wife, Martha, whom he married when he was seventeen years old, serves as organist, and son, Jay, is the church's pianist; and

Whereas, it is fitting and proper for the members of the General Assembly to recognize the faithful service of Dr. Richard Alderman as

Printed Page 5161 . . . . . Thursday, June 5, 2008

pastor of Little Rock Baptist Church for nearly a half century by having a highway in Dillon County named in his honor. Now, therefore,

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

That the General Assembly of South Carolina requests that the Department of Transportation name the portion of South Carolina Highway 9 in Dillon County from its intersection with Interstate Highway 95 to its intersection with Wix Road "Dr. Richard Alderman Road" and erect appropriate markers or signs along this portion of highway that contain the words "Dr. Richard Alderman Road".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1439--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1439 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS, WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.

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

That the General Assembly of the State of South Carolina requests the South Carolina Department of Transportation erect appropriate markers or signs south of the five-mile marker along Interstate Highway 95 in Jasper County as a memorial to Trooper First Class Bruce Smalls, who was killed in the line of duty along this portion of highway on September 27, 1985.

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. WHIPPER.

S. 890--RECOMMITTED

The following Bill was taken up:

S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE

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PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 918--RECOMMITTED

The following Bill was taken up:

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. HOWARD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

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H. 4309--RECOMMITTED

The following Bill was taken up:

H. 4309 (Word version) -- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach, Haley, Young, Duncan, Haskins, Talley, G. R. Smith, Taylor, Cotty, Walker and Simrill: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 110--RECOMMITTED

The following Bill was taken up:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

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S. 981--RECOMMITTED

The following Bill was taken up:

S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.

Rep. WALKER moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5271 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE, CONGRATULATE, AND APPRECIATE TROOP 76, BOY SCOUTS OF AMERICA, OF POMARIA, SOUTH CAROLINA, AS IT CELEBRATES FORTY-SIX YEARS OF BUILDING CHARACTER AND GOOD CITIZENSHIP, PREPARING BOY SCOUTS TO MEET LIFE'S PERSONAL CHALLENGES, AND MENTORING THEM TO BE PREPARED TO BECOME FUTURE

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LEADERS STRIVING TO BUILD A BETTER COMMUNITY, COUNTY, STATE, AND NATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5272 (Word version) -- Reps. J. H. Neal, 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. 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 HONOR AND CELEBRATE THE LIFE OF MR. WILLIAM RICHARD "BILL" MCCLANAHAN OF RICHLAND COUNTY, A GOOD FRIEND TO MANY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5273 (Word version) -- Rep. Anderson: A HOUSE RESOLUTION TO CONGRATULATE DR. CELESTE A. PRINGLE, GEORGETOWN COUNTY SCHOOL DISTRICT ASSISTANT SUPERINTENDENT FOR LEARNING AND SCHOOL IMPROVEMENT, ON RECEIVING THE PRESTIGIOUS WILLIAM B. HARTLEY

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ADMINISTRATOR OF THE YEAR AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5274 (Word version) -- Reps. Clemmons, Witherspoon, Edge, Viers and Hardwick: A CONCURRENT RESOLUTION TO CREATE A STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING HOW TO BETTER STRUCTURE AND GOVERN AN AIR TRANSPORT SYSTEM TO BENEFIT THE PUBLIC AND THE GRAND STRAND AREA OF THE STATE AND TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP AND RESPONSIBILITIES.

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

HOUSE RESOLUTION

The following was introduced:

H. 5275 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF RUBY "MS. RUBY" SMITH STEVENS OF LEE COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY, HER CHURCH, AND HER MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5276 (Word version) -- Reps. Govan, 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,

Printed Page 5168 . . . . . Thursday, June 5, 2008

Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, 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 HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST DARIUS T. JENNINGS OF ORANGEBURG COUNTY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ WITH THE 3RD ARMORED CAVALRY REGIMENT OF FORT CARSON, AND TO EXPRESS TO HIS WIDOW AND FAMILY THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1455 (Word version) -- Senators Rankin, McGill, Elliott and Cleary: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ZANE WILSON OF HORRY COUNTY FOR THE ELEVEN YEARS THAT SHE HAS COVERED THE STATEHOUSE FOR THE MYRTLE BEACH SUN NEWS, AND UPON THE OCCASION OF HER RETIREMENT, TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.

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

Printed Page 5169 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4355:

Very respectfully,
President
Received as information.

H. 3547--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3547:

H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF

Printed Page 5170 . . . . . Thursday, June 5, 2008

LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.

Very respectfully,
President

On motion of Rep. HOWARD, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. MOSS, E. H. PITTS and CRAWFORD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4899--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4899:

Printed Page 5171 . . . . . Thursday, June 5, 2008

Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.

Very respectfully,
President

On motion of Rep. HOWARD, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. EDGE, CRAWFORD and OTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3715--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3715:

H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
and asks for a Committee of Conference and has appointed Senators Hawkins, Sheheen and Massey to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Printed Page 5172 . . . . . Thursday, June 5, 2008

Whereupon, the Chair appointed Reps. G. M. SMITH, TALLEY and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 303, S. 950 by a vote of 44 to 0:

(R303) S. 950 (Word version) -- Senators Hutto and Matthews: AN ACT 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; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:

Printed Page 5173 . . . . . Thursday, June 5, 2008

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 307, S. 1022 by a vote of 44 to 0:

(R307, S1022 (Word version)) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, O'Dell and Hayes of the Committee of Free Conference on the part of the Senate on H. 4355:

Printed Page 5174 . . . . . Thursday, June 5, 2008

SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 144:

Very respectfully,
President

Printed Page 5175 . . . . . Thursday, June 5, 2008

S. 144--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

S. 913--NONCONCURRENCE IN SENATE AMENDMENTS

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

Rep. HARRISON explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

H. 4950--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.

Rep. COOPER 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.

Printed Page 5176 . . . . . Thursday, June 5, 2008

H. 4754--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4754 (Word version) -- Reps. G. R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY.

Rep. EDGE proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\20753SD08), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Under the revenue bond act for utilities in the case of a special purpose district providing hospital, nursing home, or care facilities in a county with more than fourteen million dollars in accommodations tax collections for the most recent fiscal year, the special purpose district is authorized to provide a mortgage on any real or personal property to secure its bonds or loan by any federal agency or guarantee if the federal agency provides a guarantee of any such loan securing the bonds. /
Renumber sections to conform.
Amend title to conform.

Rep. EDGE explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with the dissolution of special interest districts into counties, the Amendment

Printed Page 5177 . . . . . Thursday, June 5, 2008

dealt with bond issues and loan guarantees for special interest districts. He, therefore, sustained the Point of Order and ruled the Amendment out of order.

Rep. G. R. 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.

S. 181--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTIONS 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

Rep. HAGOOD explained the Senate Amendments.

Printed Page 5178 . . . . . Thursday, June 5, 2008

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.

H. 3033--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.

Rep. CLEMMONS 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.

H. 4953--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.

Printed Page 5179 . . . . . Thursday, June 5, 2008

Rep. COOPER 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.

H. 3812--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3812 (Word version) -- Reps. G. M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.

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.

H. 3094--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.

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

Printed Page 5180 . . . . . Thursday, June 5, 2008

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.

H. 3993--CONFERENCE REPORT ADOPTED

H. 3993--Conference Report
The General Assembly, Columbia, S.C., June 4, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Chapter 3, Title 53 of the 1976 Code is amended by adding:

"Section 53-3-125. The opening day of the annual major league baseball season each year is designated as 'Historic Baseball Leagues Day' in South Carolina."

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

Amend title to conform.

Senator John Courson              Representative Jeff Duncan
Senator Larry Martin              Representative G. R. Smith
Senator Gerald Malloy             Representative Vida Miller
On Part of the Senate.            On Part of the House.

Rep. DUNCAN explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Printed Page 5181 . . . . . Thursday, June 5, 2008

H. 3993--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

H. 3912--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO

Printed Page 5182 . . . . . Thursday, June 5, 2008

PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.

Rep. CRAWFORD 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.

R. 303, S. 950--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Andr� Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 950 (Word version), R. 303.

This bill authorizes the Denmark Technical College Area Commission to enter into a ground lease with a private entity for the purposes of constructing and maintaining a student living facility. I am vetoing the legislation because it is duplicative of the current process already prescribed for private leases.

Under current law, Denmark Technical College can already negotiate this lease agreement and present it to the Budget and Control for approval. The bill explicitly requires the approval of the Budget and Control Board, consistent with current law. As a result, the legislation in this regard alone makes it duplicative and, accordingly, we veto it because of this administration's belief in the need to avoid redundant lawmaking.

For this reason I am vetoing S. 950, R. 303.

Sincerely,
Mark Sanford
Governor

Printed Page 5183 . . . . . Thursday, June 5, 2008

R. 303, S. 950--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

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

Yeas 84; Nays 0

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cooper
Cotty                  Daning                 Dantzler
Delleney               Duncan                 Erickson
Frye                   Gambrell               Govan
Gullick                Haley                  Hardwick
Harrell                Hart                   Hayes
Herbkersman            Hiott                  Hodges

Printed Page 5184 . . . . . Thursday, June 5, 2008

Hosey                  Huggins                Hutson
Jefferson              Jennings               Kelly
Kennedy                Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
McLeod                 Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Perry                  E. H. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Simrill                Skelton                F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  White
Whitmire               Williams               Witherspoon

Total--84

Those who voted in the negative are:

Total--0

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

R. 328, H. 4529--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R328) H. 4529 (Word version) -- Reps. Weeks, Whipper and R. Brown: AN ACT TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE, AND TO DELETE CERTAIN NOTICE PROVISIONS IMPOSED ON THE DEPARTMENT OF CONSUMER AFFAIRS.

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

Yeas 81; Nays 2

Printed Page 5185 . . . . . Thursday, June 5, 2008

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Chalk
Clyburn                Cooper                 Cotty
Crawford               Dantzler               Delleney
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hardwick
Harrell                Hart                   Harvin
Herbkersman            Hiott                  Hodges
Hosey                  Huggins                Hutson
Jefferson              Jennings               Kirsh
Knight                 Limehouse              Littlejohn
Lowe                   Lucas                  Mack
Mahaffey               Moss                   J. H. Neal
J. M. Neal             Ott                    Owens
Perry                  E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Simrill
Skelton                F. N. Smith            G. M. Smith
J. E. Smith            W. D. Smith            Spires
Stavrinakis            Thompson               Walker
Weeks                  Whipper                White
Whitmire               Williams               Young

Total--81

Those who voted in the negative are:

Daning                 Merrill

Total--2

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

Printed Page 5186 . . . . . Thursday, June 5, 2008

R. 307, S. 1022--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Andr� Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 1022 (Word version), R. 307.

Last year, I vetoed the same legislation contained in a bill with two other unrelated issues. The majority of this bill is identical to last year's, with the addition of one section that stipulates funds are subject to appropriation by the General Assembly.

While I still believe the "South Carolina Critical Needs Nursing Initiative Act" is well-intentioned, it is also a piecemeal approach to addressing higher education priorities. According to the Office of State Budget, full implementation of this legislation will cost at least $35.9 million - or looked at another way, it would require the Commission on Higher Education to increase its total budget by almost 29 percent. We believe adding this program makes little sense considering today's challenging budgetary environment and the fact that tacking on a new curriculum of this size will likely only prolong our financial problems.

As stated in our last veto message, little has been done to study and ultimately reduce the duplication and overlaps in the higher education system that needlessly consume dollars that could be used to pay for this program. Currently, South Carolina spends the second highest amount on higher education as a percentage of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. Unfortunately, at the same time, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education.

Before heading down the path of adding more programs to our higher education system, we ask the General Assembly to look at ways to reduce duplication and centralize efforts to provide a more affordable education.

For the reasons stated above, I am vetoing S. 1022, R. 307, and returning it without my approval.

Printed Page 5187 . . . . . Thursday, June 5, 2008

Sincerely,
Mark Sanford
Governor

R. 307, S. 1022--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R307) S. 1022 (Word version) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.

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

Yeas 79; Nays 1

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Barfield               Battle
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
R. Brown               Cato                   Chalk
Clyburn                Cooper                 Cotty
Daning                 Dantzler               Delleney
Duncan                 Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Haley                  Hardwick

Printed Page 5188 . . . . . Thursday, June 5, 2008

Harrell                Hart                   Harvin
Herbkersman            Hiott                  Hodges
Hosey                  Huggins                Hutson
Jefferson              Jennings               Kennedy
Kirsh                  Limehouse              Littlejohn
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Moss                   J. H. Neal             Neilson
Ott                    Owens                  Perry
E. H. Pitts            Sandifer               Scarborough
Scott                  Skelton                F. N. Smith
J. E. Smith            W. D. Smith            Spires
Stavrinakis            Thompson               Toole
Umphlett               Vick                   Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

Total--79

Those who voted in the negative are:

Hagood

Total--1

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

R. 333, H. 4900--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R333) H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J. R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D. C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT

Printed Page 5189 . . . . . Thursday, June 5, 2008

CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.

Rep. CATO explained the Veto.

Rep. MERRILL spoke in favor of the Veto.

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

Yeas 88; Nays 7

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. Brown               R. Brown               Cato
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Crawford
Daning                 Dantzler               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Harvin                 Hayes                  Hiott
Hodges                 Hosey                  Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kirsh                  Limehouse
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               McLeod
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Perry                  E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Simrill

Printed Page 5190 . . . . . Thursday, June 5, 2008

Skelton                F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Spires                 Stavrinakis            Talley
Thompson               Toole                  Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Young

Total--88

Those who voted in the negative are:

Erickson               Kennedy                Knight
Merrill                D. C. Smith            Stewart
Umphlett

Total--7

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

R. 319, H. 3028--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R319) H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.

Rep. HAGOOD explained the Veto.

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

Yeas 93; Nays 2

Printed Page 5191 . . . . . Thursday, June 5, 2008

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               G. Brown               R. Brown
Chalk                  Clemmons               Clyburn
Cooper                 Cotty                  Crawford
Daning                 Dantzler               Delleney
Duncan                 Edge                   Erickson
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hardwick               Harrell
Hart                   Hayes                  Herbkersman
Hiott                  Hosey                  Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Limehouse              Littlejohn
Lowe                   Lucas                  Mack
McLeod                 Merrill                Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
E. H. 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            Spires                 Stavrinakis
Stewart                Thompson               Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--93

Those who voted in the negative are:

Perry                  Talley

Total--2

Printed Page 5192 . . . . . Thursday, June 5, 2008

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

H. 4511--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.

Rep. WALKER explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

S. 530--FREE CONFERENCE POWERS GRANTED

Rep. SIMRILL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

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

Yeas 90; Nays 2

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Barfield
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               G. Brown               R. Brown
Cato                   Chalk                  Clyburn

Printed Page 5193 . . . . . Thursday, June 5, 2008

Cobb-Hunter            Cooper                 Cotty
Crawford               Daning                 Dantzler
Delleney               Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Hart
Hayes                  Hiott                  Hosey
Huggins                Hutson                 Jefferson
Kelly                  Kennedy                Kirsh
Knight                 Limehouse              Littlejohn
Lowe                   Lucas                  Mack
McLeod                 Merrill                Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Perry
E. H. 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            Spires                 Stavrinakis
Stewart                Toole                  Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--90

Those who voted in the negative are:

Duncan                 Thompson

Total--2

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. YOUNG, COBB-HUNTER and SIMRILL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

Printed Page 5194 . . . . . Thursday, June 5, 2008

S. 530--FREE CONFERENCE REPORT ADOPTED

S. 530--Free Conference Report
The General Assembly, Columbia, S.C., June 4, 2008

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. The General Assembly finds that all the provisions contained in this act relate to one subject as required by Article III, Section 17 of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of permanently codifying temporary provisos contained in prior versions of the General Appropriations Act.

The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.

SECTION 2. This act may be cited as the "Budget Proviso Codification Act".

Part 1
Commission on Higher Education

A. (6.10) 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-193. Notwithstanding any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of

Printed Page 5195 . . . . . Thursday, June 5, 2008

higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution. During the furlough, affected employees shall be entitled to receive the same state benefits as otherwise available to them except for receiving their salaries. For benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted. For benefits which require only employee contributions, the employee remains solely responsible for making the contributions. Placement of an employee on furlough pursuant to this section does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this section does not apply. The implementation of a furlough program authorized by this section shall be on an institution by institution basis."

2. This subpart takes effect July 1, 2008.
B. (6.14) 1. Section 59-104-20 of the 1976 Code is amended by adding an appropriately numbered subsection after subsection (G) to read:

"( ) The Commission on Higher Education shall, by regulation, define alternative qualifications for an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school."

2. This subpart takes effect July 1, 2008.
C. (6.11) 1. Section 59-143-10 of the 1976 Code is amended to read:

"Section 59-143-10. (A) There is ~~hereby~~ established the South Carolina Children's Education Endowment. The revenue received pursuant to Section 48-46-40(E)(3) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Children's Education Endowment'. All interest or income

Printed Page 5196 . . . . . Thursday, June 5, 2008

earned by the fund shall be retained in the fund and used for its stated purposes, which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently.

(B) Upon receipt of monies transferred to the Children's Education Endowment by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. ~~Beginning with the fiscal year ending June 30, 1996, the~~ The Comptroller General shall record low-level radioactive waste tax revenues collected from the Barnwell waste facility on the accrual basis; however, no expenditure may be made against these accrued revenues until the related cash is deposited with the State. These revenues must be distributed in the manner prescribed by Section 48-48-140.

(C) Funds made available for Need-based Grants and Palmetto Fellows Scholarships through the Higher Education Scholarship Grants allocation must be no more than the prior year's earned revenue and must be released for use on July first and January first of each fiscal year. Notwithstanding the provisions of this section, any unspent balance in the Higher Education Scholarship Grants allocation of the Children's Education Endowment Fund, including interest and low-level radioactive waste tax revenue from previous years' collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships.

(D) Funds made available from the public school facilities program allocation must be no more than the funds earned and received for that allocation through the most recently completed quarter."

2. This subpart takes effect July 1, 2008.
D. (6.12) Article 1, Chapter 111, Title 59 of the 1976 Code is amended by adding:

"Section 59-111-25. If a mid-year budget reduction is imposed by the General Assembly or the State Budget and Control Board, the Commission on Higher Education appropriations for the LIFE Scholarship, Need-based Grants, and the Palmetto Fellows Scholarship are exempt."
E. (6.17) 1. Section 59-112-70 of the 1976 Code is amended to read:

"(A) Notwithstanding other provisions of this chapter, the governing boards listed in Section 59-112-10A, are authorized to adopt policies

Printed Page 5197 . . . . . Thursday, June 5, 2008

for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.

(B) State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in an international Sister-State agreement program which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the State Budget and Control Board, will annually notify institutions of the Sister-State agreements eligible for the nonresident fee waiver. The credit hours generated by these students must be included in the Mission Resource Requirement for funding.

(C) State-supported colleges and universities that have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's board of trustees, and a relationship that includes regular arrangements for the enrollment of qualified students and the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may waive the nonresident portion of tuition and fees for nonresident students enrolled in the program."

2. This subpart takes effect July 1, 2008.
F. (15.5) Section 59-112-20 of the 1976 Code is amended by adding an item at the end to read:

"E. Independent persons who reside in and are domiciled in Chatham-Effingham and Bryan County Georgia, and their dependents, may be considered eligible for in-state rates for as long as the Georgia Board of Regents offers its Georgia Tuition Program by which it grants in-state tuition to students residing in the Beaufort and Jasper county area."
G. (18.4) 1. Chapter 112, Title 59 of the 1976 Code is amended by adding:

"Section 59-112-120. The South Carolina Technical Colleges may offer in-state rates to residents of bordering North Carolina and Georgia communities if a reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes."

Printed Page 5198 . . . . . Thursday, June 5, 2008

2. This subpart takes effect July 1, 2008.
H. (89.88) Chapter 112, Title 59 of the 1976 Code is amended by adding:

"Section 59-112-130. A public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver does not affect the capacity of the fee waivers for four percent of the undergraduate student body. This waiver must not be applied to fees for out-of-state students."
I. 1. (1A.45) Section 59-26-20(j) of the 1976 Code, as last amended by Act 307 of 2004, is further amended to read:

"(j) the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program ~~whereby~~ in which talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas', which shall include special schools, alternative schools, and correctional centers as identified by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need ~~that~~ in which the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments ~~shall~~ will not be reimbursed. The Department of Education and the local school district ~~shall be~~ are responsible for annual distribution of the critical needs list. It ~~shall be~~ is the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1.

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance

Printed Page 5199 . . . . . Thursday, June 5, 2008

for each complete year of teaching service in either an academic critical need area or in a geographic need area. The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

Additional loans to assist with college and living expenses ~~shall~~ must be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.

In case of failure to make a scheduled repayment of ~~any~~ an installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;.

Notwithstanding another provision of this item:

(1) For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' ~~must be~~ is defined as a school that:

Printed Page 5200 . . . . . Thursday, June 5, 2008

(a) has an absolute rating of below average or unsatisfactory;

(b) has an average teacher turnover rate for the past three years that is twenty percent or higher; or

(2) After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment.

(3) The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004."

2. This subpart takes effect July 1, 2008.

Part 1A
Student, School, and School District Assessment

A. (1A.32) Article 11, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-1130. (A) Notwithstanding another provision of law to the contrary, funds appropriated for professional development must be used for certificated instructional and instructional leadership personnel in grades kindergarten through twelve in the academic areas for which State Board of Education standard documents have been approved to better link instruction and lesson plans to the standards and to statewide adopted readiness assessment tests, to develop classroom assessments consistent with the standards and testing measures, and to analyze assessment results for needed modification in instructional strategies. No more than five percent of funds appropriated for professional development may be retained by the State Department of Education for administration of the program; however, a district may choose to purchase professional development services provided by the State Department of Education with the funds allocated to the districts for professional development. Funds also may be expended for certificated instructional and instructional leadership personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the reading component of assessment tests.

(B) Two hundred fifty thousand dollars of the funds allocated to professional development must be provided to the State Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization, and establishing the relationship

Printed Page 5201 . . . . . Thursday, June 5, 2008

between the readiness measure and third grade standards-based assessments. Multi-day work sessions must be provided around the state during the summer, fall, and winter using staff development days and teacher workdays. Two of the remaining professional development days must be set aside for the specific purpose of preparing and opening schools. District instructional leaders, regional service centers, consortia, development personnel, university faculty, contracted providers, and the resources of the Educational Television Network may be used to implement the professional development initiative. Teachers participating in the program shall receive credit toward recertification according to State Board of Education guidelines. Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose. No less than twenty-five percent of the funds allocated for professional development may be expended on the teaching of reading, which includes teaching reading across content areas in grades three through eight."
B. (1A.37) Section 59-18-710 of the 1976 Code is amended to read:

"Section 59-18-710. By November, 2000, the State Board of Education, working with the Department of Education and recommendations from the Accountability Division, must promulgate regulations outlining the criteria for the state's accreditation system which must include student academic performance. The State Department of Education shall provide recommendations regarding the state's accreditation system to the State Board of Education. The recommendations must be derived from input received from broad-based stakeholder groups. In developing the criteria for the accreditation system, the State Board of Education shall consider including the function of school improvement councils and other school decision-making groups and their participation in the school planning process."
C. 1. (1A.41) Section 59-18-930 of the 1976 Code is amended to read:

"Section 59-18-930. ~~Beginning in 2001 and annually thereafter the~~ The State Department of Education must issue the executive summary of the report ~~cards~~ card annually to all schools and districts of the State no later than November first. The executive summary shall be printed in black and white, be no more than two pages, use graphical displays whenever possible, and contain National Assessment of Educational Progress (NAEP) scores as well as national scores. The

Printed Page 5202 . . . . . Thursday, June 5, 2008

report card summary must be ~~mailed~~ made available to all parents of the school and the school district.

The school, in conjunction with the district board, must also inform the community of the school's report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. This notice must be published within ~~ninety~~ forty-five days of receipt of the report cards issued by the State Department of Education and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point bold headline."

2. This subpart takes effect July 1, 2008.
D. (1A.52) Article 9, Chapter 18, Title 59 is amended by adding:

"Section 59-18-950. Notwithstanding another provision of law to the contrary, the Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation rates, exit examination performance, and other criteria identified by technical experts and appropriate groups of educators and workforce advocates."

Part 2
Tuition Grants

A. (7.1) Chapter 113, Title 59 of the 1976 Code is amended by adding:

"Section 59-113-47. The grant funds appropriated pursuant to this chapter are exempt from mid-year budget reductions."

Part 3
Medical University of South Carolina

A. (17.1) Section 59-123-115 of the 1976 code is amended to read:

"Section 59-123-115. (A) The South Carolina Area Health Education Consortium shall be awarded funding for the Statewide Family Practice Residency System, the Graduate Doctor Education Program, and the Area Health Education Center Program based on the appropriate formula, as approved by the Area Health Education Consortium and the Commission on Higher Education, and the funding methodology shall be applied in a manner consistent with that of other state institutions of higher learning.

(B) Statewide Family Practice Residency System funds appropriated for faculty salaries, teaching services, and consultant fees may only be expended when these activities are accomplished for educational purposes in the family practice centers; however, the Medical University of South Carolina may expend these funds in hospital-based clinical settings apart from the consortium hospital, when these settings are determined by the president of the Medical

Printed Page 5203 . . . . . Thursday, June 5, 2008

University of South Carolina, with approval of the Medical University board, to provide appropriate educational experience and opportunities to the family practice residents. These funds must not be transferred to any other program."

Part 4
Department of Health and
Human Services

A. (21.13) Section 40-43-86(H)(6) of the 1976 Code is amended to read:

"(6) Substitution may not occur unless the pharmacist advises the patient or the patient's agent that the practitioner has authorized substitution and the patient, or patient's agent, consents. A Medicaid recipient whose prescription is reimbursed by the South Carolina Medicaid Program is deemed to have consented to the substitution of a less costly equivalent generic drug product."
B. (21.15) Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-725. Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses."
C. 1. (21.25)A. Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Article 8
Medicaid Pharmacy and Therapeutics Committee

Section 44-6-1010. There is created within the Department of Health and Human Services the Pharmacy and Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at the pleasure of the director of the department. The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who have experience in

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treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics.

Section 44-6-1020. The committee shall adopt bylaws that include, at a minimum, the length of membership. A chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not be compensated for service to the committee. However, committee members may be reimbursed for actual and necessary expenses incurred by discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet at other times in the chairman's or the director's discretion. Committee meetings are subject to the provisions of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide notice as soon as practical. The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.

Section 44-6-1030. The committee must recommend to the department therapeutic classes of drugs that should be included on a preferred drug list. For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee also shall recommend prior authorization criteria for non-preferred drugs in the recommended therapeutic classes.

Section 44-6-1040. Any preferred drug list program implemented by the department must include:

(1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt;

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(2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization;

(3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and

(4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without prior authorization if the pharmacist:

(a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and

(b) reasonably believes that refusing to dispense a seventy-two-hour supply would unduly burden the Medicaid recipient and produce undesirable health consequences.

Section 44-6-1050. A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process."

2. This subpart takes effect on July 1, 2008.

Part 5
Department of Health and
Environmental Control

A. (9.32, Part IB, Act 117 of 2007) 1. Section 44-1-215 of the 1976 Code, as added by Act 49 of 2007, is reenacted to read:

"Section 44-1-215. Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B."
2. This subpart takes effect July 1, 2008.
B. (22.25) Section 44-7-570(A) of the 1976 Code is amended to read:

"(A) The department shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department shall charge an annual fee to cover the cost of monitoring and regulating these agreements, including certificates of public advantage. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement

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must be filed with the department every two years so that the department shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department may revoke a certificate upon a finding that:

(1) the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or

(2) the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement; or

(3) the department's certification was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats, or intimidation toward any party to the cooperative agreement."
C. (22.28) Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-300. The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year."
D. (22.41) Section 44-56-160(G) of the 1976 Code is amended to read:

"(G) Any interest accruing from the management of the funds held pursuant to this section must be credited to the ~~general fund of the State~~ Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund."
E. (22.45) 1. Section 44-7-2440 of the 1976 Code is amended by adding a subsection at the end to read:

"(F) The department, after consultation with the advisory committee, may phase-in the reporting requirements of this section."

2. This subpart takes effect July 1, 2008.
F. (22.46) 1. Chapter 56, Title 44 of the 1976 Code is amended by adding:

"Section 44-56-220. The department is authorized to assess each company generating hazardous waste a fee based on the amount of

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hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites."

2. This subpart takes effect July 1, 2008.

Part 6
Commission for the Blind

A. (27.3) 1. Section 43-26-90 of the 1976 Code, as amended by Act 205 of 2004, is further amended to read:

"Section 43-26-90. This chapter does not apply to hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, the South Carolina State Museum, property under the Patriots Point Development Authority jurisdiction, facilities devoted primarily to athletics, or to state, municipal, county, or civic center auditoriums and assembly halls. As many as two coin operated vending machines may be placed in buildings on the public property if the machines are not located in a building where there is a vending facility operated by the commission."

2. This subpart takes effect July 1, 2008.

Part 7
Department of Agriculture

A. (34.4) 1. Section 46-21-40 of the 1976 Code is amended to read:

"Section 46-21-40. For the purpose of providing a fund to defray the expenses of the examinations and analyses prescribed in this chapter, other than Article 11 ~~hereof~~, each person selling or offering or ordering for sale or distribution in, or for export from, this State any seed mentioned in this chapter, other than Article 11 ~~hereof~~, shall register his name with the Department of Agriculture and shall pay a license ~~tax~~fee annually on January first of each year ~~of one dollar when only boxed package vegetable or flower seed are handled and, when other~~

Printed Page 5208 . . . . . Thursday, June 5, 2008

seed with or without boxed package vegetable or flower seed is handled, of two and one-half dollars when the gross business is less than two hundred dollars, five dollars when the gross business is over two hundred dollars but less than five hundred dollars, ten dollars when the gross business is over five hundred dollars but less than one thousand dollars and twenty-five dollars when the gross business is one thousand dollars or more. The department shall charge for these licenses a minimum fee of twenty-five dollars and a maximum fee of one hundred fifty dollars. The department shall institute a graduated fee schedule between these minimum and maximum fees, which must be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain any revenue collected pursuant to this section to defray the costs of printing, mailing, and inspections and to pay the costs of leasing the Florence Farmer's Market from Clemson University. The commissioner's receipt for such license tax ~~shall be~~is a license to conduct the business."

2. This subpart takes effect July 1, 2008.
B. (34.5) 1. Chapter 3, Title 46 of the 1976 Code is amended by adding:

"Section 46-3-270. The Department of Agriculture may waive the remittance of indirect cost recoveries for the Specialty Crop Grant supported by the United States Department of Agriculture through the Commodity Credit Corporation."

2. This subpart takes effect July 1, 2008.
C. (34.8) Section 39-9-68 of the 1976 Code is amended by adding a paragraph at the end to read:

"The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (3). Revenues generated by these fees shall be used by the department to offset expenses incurred in operating the Metrology Laboratory."
D. (34.12) 1. Chapter 40, Title 46 of the 1976 Code is amended by adding:

"Section 46-40-100. The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program."

2. This subpart takes effect July 1, 2008.

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Part 8
Department of Natural Resources

A. (37.3) 1. Chapter 9, Title 50 of the 1976 Code is amended by adding:

"Section 50-9-515. Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the State, shall upon presentation of his official furlough or leave papers, be allowed to fish and hunt without purchasing a fishing or hunting license."

2. This subpart takes effect July 1, 2008.
B. (37.15) 1. Items (3), (6), (7), (8), and (10) of Section 50-9-510 of the 1976 Code are amended to read:

"(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for twenty-five dollars, of which two dollars may be retained by the issuing agent.

(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for one hundred twenty-five dollars, of which two dollars may be retained by the issuing agent.

(7) For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for ~~fifty~~ seventy-five dollars, of which two dollars may be retained by the issuing agent.

(8) For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may purchase a statewide three-day temporary license for ~~twenty-five~~ forty dollars, of which one dollar may be retained by the issuing agent.

(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunters license for ~~eighty-nine~~ one hundred dollars, of which two dollars may be retained by the issuing agent."

2. This subpart takes effect July 1, 2008.
C. (89.65) 1. Section 56-3-4510 of the 1976 Code is amended to read:

"Section 56-3-4510. The Department of Motor Vehicles shall issue a ~~special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the~~

Printed Page 5210 . . . . . Thursday, June 5, 2008

"Nongame Wildlife and Natural Areas Fund" provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the 'Non-game Wildlife and Natural Areas Fund' provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'South Carolina Protects Endangered Species.' The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued."

2. This subpart takes effect July 1, 2008.

Part 9
Department of Parks, Recreation
and Tourism

A. (39.4) 1. Chapter 3, Title 51 of the 1976 Code is amended by adding:

"Section 51-3-65. Notwithstanding Section 51-3-60, the Department of Parks, Recreation, and Tourism must maintain adjustments in the fee structure directed by the 2002 study committee and implemented in September 2003 in order to maintain fiscal soundness and continued maintenance and operations of the State Park System. South Carolina residents who receive discounts pursuant to Section 51-3-60 must not be given discounts of less than thirty-five percent. Members of the South Carolina National Guard must be given the same discounts as residents receiving discounts pursuant to Section 59-3-60."

2. This subpart takes effect July 1, 2008.

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Part 10
Attorney General's Office

A. (45.1) Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-160. A department or agency of state government may not hire a classified or temporary attorney as an employee except upon the written approval of the Attorney General and at compensation approved by him. All of these attorneys at all times are under the supervision and control of the Attorney General except as otherwise provided by law unless prior approval by the State Budget and Control Board is obtained. This section does not apply to an attorney hired by the General Assembly or the Judicial department."
B. (45.2) Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-170. A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the Judicial department."
C. (45.3) Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-85. Notwithstanding any other provision of law, the Attorney General's Office may obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, attorney fees or investigative costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the Attorney General's Office from the budget of an agency or officer that it is representing or from funds generally appropriated for legal expenses, with the approval of the Budget and Control Board."
D. (45.5) Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-217. The State, or a person or entity acting on behalf of the State, is not required to pay filing fees as provided in this chapter or as otherwise provided by law in proceedings brought pursuant to Chapter 48 of Title 44, the Sexually Violent Predator Act."

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Part 11
Prosecution Coordination Commission

A. (46.6) Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1, Chapter 22 of Title 17 entitled "Pretrial Intervention Program".
B. (46.6) Chapter 22 of Title 17 of the 1976 Code is amended by adding:

"Article 3
Worthless Check Units

Section 17-22-310. (A) A circuit solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule is:

(1) fifty dollars for checks up to five hundred dollars;

(2) one hundred dollars for checks five hundred one dollars to one thousand dollars; and

(3) one hundred fifty dollars for checks one thousand one dollars or greater.

(B) An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees collected by the Worthless Check Unit in accordance with the fee schedule promulgated pursuant to this section must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit , other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund. All funds collected and deposited into this fund must be applied first to defray the costs of operating the Worthless Check Unit with the balance to be used by the solicitor to pay the normal operating expenses of his office. Withdrawals from this account may be made only at the request of the solicitor. The funds generated pursuant to this section may not be used to reduce the amount budgeted by the county to the solicitor's office. The solicitor shall maintain an account for the purpose of collecting and disbursing restitution funds collected for the benefit of victims worthless checks. The Worthless Check Unit shall disburse to the victim all restitution collected as a result of the original complaint filed. If the victim cannot be located after a reasonable time and diligent efforts the restitution due the victim must be transferred to the general fund of the county."

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C. (46.7) 1. Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-213. (A) In addition to all other assessments and surcharges required to be imposed by law, a one-hundred-dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in general sessions court or in magistrates or municipal court for misdemeanor or felony drug offenses. No portion of the surcharge may be waived, reduced, or suspended.

(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction that heard or processed the case and paid to the state treasurer within thirty days of receipt. The state treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only.

(C) It is the intent of the General Assembly that the amounts generated by this section are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services.

(D) The state treasurer may request the state auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the state treasurer pursuant to subsection (B). The state auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."

2. This subpart takes effect July 1, 2008.

Part 12
Department of Public Safety

A. (49.2, 49.3, and 49.17) 1. Section 23-6-50 of the 1976 Code is amended to read:

"Section 23-6-50. The director shall annually cause the department to be audited. The audit must be conducted by a certified public accountant or firm of certified public accountants to be selected by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The department may undergo an Agreed Upon Procedures audit in lieu of audited financial statements. The audit shall be in coordination with

Printed Page 5214 . . . . . Thursday, June 5, 2008

the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the fiscal year. The costs and expenses of the audit must be paid by the department out of its funds.

Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for matching committed or unanticipated grant funds, or both. The Department of Motor Vehicles is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000.

Notwithstanding any other provision of law, revenue received from the sale of publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, coin operated telephones, and revenue from building management services, and the Department of Public Safety training series shall be retained by the department and expended in budgeted operations for professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Department of Public Safety may deem necessary. In order to complete projects begun in a prior fiscal year, the department is authorized to expend federal and earmarked funds in the following fiscal year for expenditures incurred in the prior fiscal year."

2. This subpart takes effect July 1, 2008.
B. (49.5, 49.6, 49.7, 49.8, and 49.10) Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-185. Notwithstanding any other provisions of law, enforcement by the State Transport Police Division, of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police

Printed Page 5215 . . . . . Thursday, June 5, 2008

is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected pursuant to this section may be retained and carried forward by the department for the same purposes.

Section 23-6-187. The department may charge a witness fee of one hundred thirty dollars per hour, up to one thousand dollars per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest. The fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive, expend, retain, and carry forward these funds.

Section 23-6-191. The Department may pay the cost of physical examinations for department personnel who are required to receive physical examinations prior to or after receiving a law enforcement commission.

Section 23-6-193. The department may collect, expend, retain, and carry forward all funds received from other state or federal agencies as reimbursement for expenditures incurred when personnel and equipment are mobilized and expenses incurred due to an emergency.

Section 23-6-195. The department may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency."
C. (49.14) 1. Section 12-6-1140(6) of the 1976 Code is amended to read:

"(6) a subsistence allowance of ~~five~~ eight dollars a day for federal, state, and local law enforcement officers paid by a political subdivision of this State, the government of this State, or the federal government, for each regular work day in a taxable year and full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance ~~five~~ eight dollars a day for each regular work day in a taxable year;"

2. Section 56-19-420(B)(1) of the 1976 Code is amended to read:

"(1) the first one million dollars must be ~~allocated to the Department of Education and used to support adult education programs~~ credited to the general fund of the State to offset a portion of state individual income tax revenue not collected pursuant to the subsistence allowance allowed pursuant to Section 12-6-1140(6); and"

3. This subpart takes effect July 1, 2008.

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D. (49.16) Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-190. All monies collected in the Department of Public Safety Building Fund, as established in Section 56-3-840 that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol."
E. Section 56-3-840 of the 1976 Code is amended to read:

"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the Department of Motor Vehicles a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.

A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.

All monies collected pursuant to this section, not to exceed the actual revenues collected in fiscal year 1999-2000, must be annually deposited to a separate account and held in reserve for the Department of Public Safety. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the office of the State Treasurer designated as the 'Department of Public Safety Building Fund'. The Department of Public Safety must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters facility, including the renovation of existing facilities. ~~All monies credited to the fund that exceed the funds necessary for the purposes authorized in this section must be used for other capital projects throughout the state.~~ The Department of Public Safety is authorized to initiate and direct a capital project to purchase or construct a new headquarters facility. Projects funded under this section other than for the construction or purchase of a new

Printed Page 5217 . . . . . Thursday, June 5, 2008

headquarters facility, including but not limited to, the expansion or renovation of an existing facility, must be approved by a joint resolution provided that if the Department of Public Safety employs a lease purchase agreement to build or purchase a new headquarters facility, the lease purchase agreement must be approved by the Budget and Control Board. The cost of a headquarters facility must not exceed thirty million dollars unless a parking facility or garage is required."

Part 13
Department of Motor Vehicles

A. (66.6) 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-550. The Department of Motor Vehicles may collect a fee not to exceed twenty dollars per document to expedite a request for copies of documents and records it maintains. This fee is in addition to the normal fees associated with the request. Expedited requests must be available within seventy-two hours of receipt of the request and standard requests within thirty days. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act. The funds collected pursuant to this section must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray expenses."

2. This subpart takes effect July 1, 2008.
B. (66.7 and 66.14) Section 56-3-1290 of the 1976 code is amended to read:

"Section 56-3-1290. The Department of Motor Vehicles, upon application and the payment of a fee of ~~three~~ ten dollars, shall transfer the license plate ~~previously~~ assigned ~~to an owner or lessee~~ for one vehicle to another vehicle of the same general type owned or leased by the same person without a paid tax receipt for the vehicle. However, subsequent transfers of a license plate to the same vehicle may not be processed without a paid tax receipt based upon the value of the vehicle to which the plate is being transferred. Three dollars of the fees paid pursuant to this section must be deposited in the state general fund, and the remaining seven dollars must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray its expenses."
C. (66.8) Section 56-3-620 of the 1976 Code is amended by adding at the end:

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"(F) Annual license plate validation stickers which are issued for nonpermanent license plates on certified South Carolina public law enforcement vehicles must be issued without charge."
D. (66.11) Section 56-1-2080(A)(1) of the 1976 Code is amended to read:

"(1) A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR Part 383, subparts F, G, and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. The first commercial driver's license skills test administered by the department to an individual is free of charge, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each subsequent commercial driver's license skills test administered to that individual. State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement. This fee must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray its expenses."
E. (66.16) Section 56-1-200 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:

"Section 56-1-200. If a driver's license is lost or destroyed, the person to whom the license was issued, upon payment of a fee of ~~three~~ ten dollars, may obtain a duplicate or substitution of it upon furnishing proof satisfactory to the Department of Motor Vehicles that the license has been lost or destroyed.

~~The fees~~ Three dollars of the revenue from each fee collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund ~~as provided in the following schedule~~ based on the actual date of receipt by the Department of Motor Vehicles:

~~Fees and Penalties~~ ~~General Fund~~ ~~Department of~~

~~Collected After~~ ~~of the State~~ ~~Transportation~~

~~State Non-Federal Aid~~

~~Highway Fund~~

~~June 30, 2005~~ ~~60 percent~~ ~~40 percent~~

~~June 30, 2006~~ ~~20 percent~~ ~~80 percent~~

~~June 30, 2007~~ ~~0 percent~~ ~~100 percent~~.

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The balance of the revenue from each fee must be deposited into a special earmarked account by the State Treasurer for the use of the Department of Motor Vehicles."
F. 1. (66.17) Section 56-3-2010(B) of the 1976 Code is amended to read:

"(B) Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle ~~expires November thirtieth two years after issuance~~ must be assigned a biennial registration which expires on a staggered monthly basis. Every personalized license plate issued to members of the General Assembly and members of licensed state or federal commissions and boards expires on January thirty-first each year ~~in which a new session of the General Assembly begins~~. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."

2. This subpart takes effect July 1, 2008.

Part 14
Department of Corrections

A. (51.2 and 51.9) Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-252. Notwithstanding another provision of law, the Department of Corrections shall retain proceeds from the sale of surplus products produced by its farm program. These funds may be used to:

(1) offset the operating costs of the farm program;

(2) expand and modernize the farm program; and

(3) support a project or service to benefit the general welfare of the prison population."
B. (51.13) Section 24-3-920 of the 1976 Code is amended to read:

"Section 24-3-920. The Director of the Department of Corrections ~~shall offer a reward of one hundred dollars~~ may award up to two thousand dollars for information leading to the capture of each escaped convict. Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a

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prisoner and confiscated as contraband by the Department of Corrections."
C. (51.14 and 51.17) Section 24-1-250 of the 1976 Code is amended to read:

"Section 24-1-250. (A) The ~~State~~ Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. ~~However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year.~~ Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Budget and Control Board or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.

(B) The Department of Corrections is hereby authorized to sell horticultural products suitable for commercial purposes that are grown or produced through the department's horticulture program. Notwithstanding any other provision of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates."
D. (51.18) Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Section 24-3-45. (A) Notwithstanding any other provision of law, of money generated by inmates engaged in work at paid employment in the community, the director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:

(1) ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984', Public Law 98-473, Title II, Chapter XIV, Section 1404; and

(2) ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.

At the close of the fiscal year, any excess funds not expended by the department to support victim services reverts to the victim assistance programs account as described in item (1) of this section and as mandated pursuant to Section 24-3-40(A)(2). By September first each year, the department shall provide an accounting to the Senate Finance

Printed Page 5221 . . . . . Thursday, June 5, 2008

Committee and Ways and Means Committee describing the expenditure of the retained funds and the services that were provided.

(B) The deductions provided pursuant to subsection (A) of this section apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before deductions are made pursuant to subsection (A) of this section."
E. (51.21) Section 24-1-110 of the 1976 Code is amended to read:

"Section 24-1-110. (A) The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system.

(B) In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. These services may include, but are not limited to, haircuts, cleaning of agency uniforms, and other services that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the department. The price for the services, if any, shall be determined by the Director of the Department of Corrections. Any funds generated by these activities may be retained by the department and applied to costs associated with the operation of correctional officer retention incentives."

Part 15
Department of Probation, Parole and Pardon Services

A. (52.3) Section 24-21-480(4) of the 1976 Code is amended to read:

"(4) payment of ~~six dollars and fifty cents per day~~ a daily fee for housing and food. This fee may be set by the department with the approval of the State Budget and Control Board. The fee must be based on the offender's ability to pay not to exceed the actual costs. ~~This payment is in lieu of supervision fees while in the restitution center.~~ This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;"
B. (52.5 and 52.8) Article 1, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-87. (A) The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition. The fee must be used to offset the cost of extradition. All

Printed Page 5222 . . . . . Thursday, June 5, 2008

unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose.

(B) The department may charge a fee to offenders required to have maintenance polygraphs. This fee may not exceed the actual cost of the maintenance polygraph. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose."
C. (52.6) Section 24-21-960(A) of the 1976 Code is amended to read:

"(A) Each pardon application must be accompanied with a pardon application fee of ~~fifty~~ one hundred dollars. The pardon application fee must be retained and applied by the department towards the pardon process."

Part 16
Department of Consumer Affairs

A. (64.4) Section 37-16-30 of the 1976 Code is amended to read:

"Section 37-16-30. Before any sales or solicitation activity commences, a person seeking to be involved in direct selling or direct in-person or electronic solicitation of the general public or segments of the general public, on behalf of a prepaid legal services company, must be appointed a representative of that prepaid legal services company by filing with the department, on a form prescribed by the department, the appointee's name, address, and telephone number. The appointment must be renewed each year no later than October first. The department may collect a fee of ~~twenty~~ forty dollars with each initial or renewal filing and may use the proceeds to offset the costs of administering and enforcing this chapter. Appointment may be refused or revoked upon a finding that a prospective representative or representative has been convicted of a crime of deceit or dishonesty within the previous ten years."
B. (64.5) Section 37-2-305(8) of the 1976 Code is amended to read:

Printed Page 5223 . . . . . Thursday, June 5, 2008

effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 3 of this title. This revenue may be applied to the cost of operations and any unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes."
C. (64.5) Section 37-3-305(8) of the 1976 Code is amended to read:

"(8) Every creditor shall file at least one maximum rate schedule and pay at least one ~~twenty~~ forty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 2 of this title. This revenue may be applied to the cost of operations and any unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes."
D. (64.5) Section 37-6-203 of the 1976 Code is amended to read:

"Section 37-6-203. A person required to file notification shall pay on or before January thirty-first of each year to the administrator an annual fee of ~~ninety~~ one hundred twenty dollars for that year, for each address in this State listed in the notification~~; provided, that the~~. The fee for any one person must be not less than ~~ninety~~ one hundred twenty dollars~~; provided, further, that a~~. A person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer

Printed Page 5224 . . . . . Thursday, June 5, 2008

rental-purchase agreements is only required to pay one ~~ninety~~ one hundred twenty dollar fee for each location. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administration and enforcement of this chapter."

Part 17
Department of Labor,
Licensing and Regulation

A. (65.6) 1. Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-285. Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter."

2. This subpart takes effect July 1, 2008.
B. (65.8) Chapter 10, Title 23 of the 1976 Code is amended by adding:

"Section 23-10-20. The South Carolina Department of Labor, Licensing and Regulation is authorized to purchase and issue clothing to the staff of the State Fire Academy."

Part 18
Administrative Law Court

A. (71.3) Article 5, Chapter 23, Title 1 of the 1976 Code is amended by adding:

"Section 1-23-670. Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, unless another filing fee schedule is established by rules promulgated by the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the Administrative Law Court in order to help defray the costs of the proceedings. No filing fee is required in administrative appeals by inmates from final decisions of the Department of Corrections or the Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may

Printed Page 5225 . . . . . Thursday, June 5, 2008

impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require."
B. (71.4) Article 5, Chapter 23, Title 1 of the 1976 Code is amended by adding:

"Section 1-23-680. The South Carolina Administrative Law Court is not required to reimburse the South Carolina Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes distributed to the court."

Part 19
State Law Enforcement Division

A. (48.3) Section 23-3-115 of the 1976 Code is amended to read:

"Section 23-3-115. (A) ~~Notwithstanding any other provision of law, the~~ The State Law Enforcement Division shall charge ~~a fee not to exceed eight dollars~~ and collect a fee of twenty-five dollars for a each criminal record search conducted pursuant to ~~this article~~ ~~and related~~ regulations contained in Subarticle 1, Article 3, Chapter 73 of the Code of Regulations., if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this section, the phrase "charitable organization" shall mean: All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the general fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by the State Law Enforcement Division is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.

(B) The fee allowed in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization. The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor. For purposes of this subsection, the phrase 'charitable organization' means:

Printed Page 5226 . . . . . Thursday, June 5, 2008

(1) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(2) a bona fide church, including an institution such as a synagogue or mosque; or

(3) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33; or

(4) local recreation commission volunteers."
B. (48.4) Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-55. Notwithstanding any other provision of law, all revenue generated by the State Law Enforcement Division from the sale of vehicles, various equipment, and gasoline, and insurance claims during the prior fiscal year may be retained, carried forward, and expended for the purpose of purchasing like items."
C. (48.10) Section 23-31-216 of the 1976 Code is amended to read:

"Section 23-31-216. The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided ~~for in~~ pursuant to this article."

Part 20
Budget and Control Board

A. (80A.11) Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-495. (A) The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments, and institutions. If the board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall utilize those funds as may be available and required to be used to avoid a year-end deficit and after that take action as necessary to restrict the rate of expenditure of all agencies, departments, and institutions consistent with the provisions of this section. No agencies, departments, institutions, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this section may be discontinued, deleted, or deferred by the board. A reduction of rate of expenditure by the board, under authority of this section, must be applied as uniformly as may be practicable, except that no reduction must be applied to funds encumbered by a written contract with the agency, department, or institution not

Printed Page 5227 . . . . . Thursday, June 5, 2008

connected with state government. This reduction must not be ordered by the board while the General Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly takes no action to prevent the reduction within five statewide session days of formal written notification.

(B) As far as practicable, all agencies, departments, and institutions of the State are directed to budget and allocate appropriations as a quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating deficit for the fiscal year. It is recognized that academic year calendars of state institutions affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make reports to the board as they consider advisable on an agency, department, or institution that is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency, department, or institution. The board is directed to require the agency, department, or institution to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, department, or institution if the board determines that a deficit may occur. It is the responsibility of the agency, department, or institution to develop a plan, in consultation with the board, which eliminates or reduces a deficit. If the board makes a finding that the cause of or likelihood of a deficit is unavoidable due to factors which are outside the control of the agency, department, or institution, then the board may determine that the recognition of the agency, department, or institution is appropriate and shall notify the General Assembly of this action or the presiding officer of the House and Senate if the General Assembly is not in session.

(C) Upon receipt of the notification from the board, the General Assembly may authorize supplemental appropriations from any surplus revenues that existed at the close of the previous fiscal year. If the General Assembly fails to take action, then the finding of the board shall stand, and the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution of this State. If the board finds that the cause of or likelihood of a deficit is the result of the agency, department, or institution management, then the state officials responsible for management of the agency, department, or institution involved must be held liable for it and the board shall notify the

Printed Page 5228 . . . . . Thursday, June 5, 2008

Agency Head Salary Commission of this finding. In the case of a finding that a projected deficit is the result of the management of the agency, department, or institution, the board shall take steps immediately to curtail agency, department, or institution expenditures so as to bring expenditures in line with authorized appropriations and avoid a year-end operating deficit."
B. (80A.14) 1. Section 8-11-165 of the 1976 Code is amended to read:

"Section 8-11-165. It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads must be conducted by the Office of Human Resources of the Budget and Control Board every three years. The staff of the office shall serve as the support staff to the Agency Head Salary Commission.

No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board, and except for employees of higher education technical colleges, colleges, and universities.

No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.

The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the Board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.

All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."

2. This subpart takes effect July 1, 2008.
C. (80A.28) Section 8-7-90 of the 1976 Code is amended to read:

"Section 8-7-90. All officers and employees of this State or a political subdivision of this State who are either enlisted or

Printed Page 5229 . . . . . Thursday, June 5, 2008

commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. In the event any such person is called upon to serve during an emergency he is entitled to such leave of absence for not exceeding thirty additional days.

A state employee in a full time position who serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to thirty additional days of military leave in any one year.

As used in this section, 'in any one year' means either a calendar year or, in the case of members required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or reserve component issuing the orders. The provisions of this section must be construed liberally to encourage and allow full participation in all aspects of the National Guard and reserve programs of the armed forces of the United States and to allow state officers and employees who are enlisted or commissioned members of the National Guard or reserve components to excel in military and emergency preparedness and service by taking full advantage of all career-enhancing assignments and training opportunities."
D. (89.16) 1. Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-155. Notwithstanding another provision of law, if a vacancy occurs in a state agency, other than an institution of higher learning, or if an agency acts to fill a new position, the agency shall give preference to a resident of this State, if the applicants are equally qualified for the vacancy or new position."

2. This subpart takes effect July 1, 2008.

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E. (89.51) Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-497. If the State Budget and Control Board or the General Assembly mandates an across-the-board reduction, state agencies are encouraged to reduce general operating expenses including, but not limited to, travel, training, procurement, hiring of temporary and contractual employees before reductions are made to programs, special line items, or local provider services critical to an agency's mission."
F. (89.61) Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 25
Video Conferencing

Section 1-1-1610. An administrative state agency performing administrative hearings within this State may make use of existing video conferencing capabilities. There must be evidence that a cost savings will be recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at one particular location. A report of video conferencing activities and any related cost savings must be submitted annually, before January fifteenth, to the House Ways and Means Committee and the Senate Finance Committee."
G. (89.62) Section 8-21-320 of the 1976 Code is amended by adding a paragraph at the end to read:

"The revenue collected pursuant to this section shall be distributed by the State Treasurer in the following manner:

(1) The first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.

(2) Any remaining funds must be transferred to the Judicial Department for operating purposes."
H. (89.96) Chapter 17, Title 8 of the 1976 Code is amended by adding:

"Section 8-17-370. Notwithstanding any other provision of law, employees of an Executive Department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) with a governing board who are unclassified, whose employment or compensation are decided by the governing board subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not be reassigned, terminated, or

Printed Page 5231 . . . . . Thursday, June 5, 2008

have their compensation reduced, except by majority vote of the governing board and approval by the Senate upon advice and consent prior to the action being taken or an interim appointment being made."
I. (89.77) Article 5, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-725. The State Budget and Control Board's experience rating of all local disabilities and special needs providers pursuant to Section 1-11-720(A)(3) must be rated as a single group when rating all optional groups participating in the state employee health insurance program."

Part 21
Department of Revenue

A. (81.3, 4, 7, and 8) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-388. (A) The Department of Revenue may charge participants a fee to cover the cost of education and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.

(B) The Department of Revenue may charge participants in taxpayer education and information programs required pursuant to Section 12-58-40 a fee to recover the related direct costs. The revenue of this fee may be applied to these costs, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.

(C) The Department of Revenue may impose a sixty-dollar fee for the issuance of each certificate of compliance and a thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure credits against the license tax. The revenue of these fees must be retained and expended for use in budgeted operations of the department.

(D) The Department of Revenue may impose a forty-five dollar fee for entering into installment agreements for the payment of tax liabilities to defray administrative expenses. The revenue of this fee must be retained and expended for use in budgeted operations of the department.
B. (81.5) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-377. The Department of Revenue shall maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. The revenue from the sale must be

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deposited to the credit of the general fund of the State after deducting the costs of confiscation and sale."
C. (81.6) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-379. The Department of Revenue may incur and pay the expense of the fee required pursuant to Internal Revenue Code Section 6402(e)(6), as required for the Federal Refund Offset Program. This fee must be paid upon certification of the department by drawing upon funds from the same tax type setoff."
D. (81.9) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-393. The Department of Revenue may contract with private entities to establish data mining and data warehousing capabilities within the department to enhance compliance and collections. These contractual arrangements may include payment from the increased revenue generated by the resulting enhanced capabilities. The department is allowed reimbursement of costs associated with administration of this section from the data warehouse generated collections and this amount may be retained and expended for budgeted operations of the department."
E. (81.10) 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new subsection at the end to read:

"(F) Temporary permits issued by the Department of Revenue pursuant to this section may be issued in all parts of a municipality if any part of the municipality is located in a county where the issuance of these permits is allowed."

2. This subpart takes effect July 1, 2008.
F. (81.11) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-375. The Department of Revenue may retain and expend in budgeted operations the first one hundred fifty thousand dollars in each fiscal year from its bankruptcy operations to defray its administrative costs, including staff. The remaining revenue collected by the department from this source must be remitted to the general fund of the State."
G. (81.12) Article 29, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3930. No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the

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war on terrorism with regard to underpayment of state estimated individual income tax payments of the active duty income if the federal government is unable to withhold state income taxes due on such pay."
H. (81.13) Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-387. The Department of Revenue shall use available personnel to conduct audits involving all taxes to promote voluntary compliance and to collect revenues for the general fund of the State and designated accounts."

Part 22
State Ethics Commission

A. (82.1) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-120. The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing ethics education and training programs, to include costs associated with travel, including, but not limited to, mileage, lodging, and meals, as well as, costs associated with handouts and other training materials."
B. (82.2) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-130. The State Ethics Commission may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the 'Ethics, Government Accountability and Campaign Reform Act of 1991'. The fee must be used to reimburse the commission for costs associated with the investigation and hearing of a violation. The costs associated include:

(1) the investigator's time;

(2) mileage, meals, and lodging;

(3) the prosecutor's time;

(4) the hearing panel's travel, per diem, and meals;

(5) administrative time;

(6) subpoena costs to include witness fees and mileage; and

(7) miscellaneous costs such as postage and supplies.

This fee is in addition to any fines as otherwise provided by law."
C. (82.3) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-140. The State Ethics Commission is authorized to retain any funds derived from additional assessments associated with late filing fees to offset the costs of administering and enforcing the 'Ethics, Government Accountability, and Campaign Reform Act of

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1991'. The commission is authorized to carry forward unexpended funds into the current fiscal year for the same purpose."
D. (82.4) Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-150. The State Ethics Commission is authorized to carry forward unexpended lobbyists and lobbyist's principals registration fees into the current fiscal year and to use these funds for the same purpose."

Part 23
Judicial

A. (89.73) Article 3, Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-330. An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department."
B. (90.3) Section 14-1-204 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 14-1-204. (A) The one-hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the one-hundred-dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1) 31.52 percent to the state general fund;

(2) 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and

(4) 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of

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each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5) 30.00 percent to the South Carolina Judicial Department.

(B)(1) There is added to the fee imposed pursuant to Section 8-21-310(11)(a) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:

(a) Judicial Department - 67.96 percent;

(b) Commission on Indigent Defense, Defense of Indigents per capita - 14.56 percent;

(d) Prosecution Coordination Commission - 4.37 percent; and

(e) Commission on Indigent Defense, Division of Appellate Defense - 1.81 percent.

(2) Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified."
C. (89.72) Title 14 of the 1976 Code is amended by adding:

"Section 14-1-210. (A) Based upon a random selection process, the State Auditor shall periodically examine the books, accounts, receipts, disbursements, vouchers, and any records considered necessary of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether or not the assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court are properly collected and remitted to the State. In addition, these audits shall determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with the law. These audits must be performed in accordance with standard auditing practices to include the right to respond to findings before the publishing of the audit report. The State Auditor shall submit a copy of the completed audit report to the Chairmen of the House Ways and Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary Committee, and the Governor. If the State Auditor finds that a jurisdiction has over remitted the State's portion of the funds collected by the jurisdiction or over reported or over retained crime victim funds, the State Auditor shall notify the

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State Treasurer to make the appropriate adjustment to that jurisdiction. If the State Auditor finds that a jurisdiction has under remitted, incorrectly reported, incorrectly retained, or incorrectly allocated the State or victim services portion of the funds collected by the jurisdiction, the State Auditor shall determine where the error was made. If the error is determined to have been made by the county or municipal treasurer's office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality within ninety days of the audit notification, the State Treasurer shall adjust the jurisdiction's State Aid to Subdivisions Act funding in an amount equal to the amount determined by the State Auditor to be the State's portion; or equal to the amount incorrectly reported, retained, or allocated pursuant to Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211.

If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the State's portion or the crime victim fund portion within ninety days of the audit notification.

(B) The State Auditor shall conduct these examinations and the local authority is required to participate in and cooperate fully with the examination. The State Auditor may subcontract with independent auditors on audits required pursuant to subsection (A) of this section. The State Auditor shall create an audit team to perform these audits. The State Treasurer shall transfer, in each fiscal year, the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600 received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court pursuant to Section 14-1-208 for a total of $250,000 to the State Auditor's Office to fund these audits as required pursuant to subsection (A) of this section. Notwithstanding any other provision of law, a state agency or local governmental entity receiving assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court may use any of its funds to assist the State Auditor's Office in funding these audits.

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(C) Each municipality shall submit a copy of its annual audit report as provided pursuant to Section 5-7-240 without charge to both the State Treasurer's Office and the State Auditor's Office within thirty days of the report being made public. If a municipality fails to provide the copy of the annual audit within the time provided, the State Treasurer's Office may withhold the municipality's State Aid to Subdivisions Act distribution until the annual audit report is properly filed.

(D) The State Treasurer's Office and South Carolina Court Administration shall make available annually training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and court employees.

(E) The State Treasurer shall transfer, in each fiscal year, $2,000 received from the General Sessions Court pursuant to Section 14-1-206, $5,000 received from magistrates court pursuant to Section 14-1-207, and $3,000 received from municipal courts pursuant to Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court for the counties, municipalities, and court employees. The State Treasurer's Office and South Carolina Court Administration are responsible for the annual training prescribed by this section."
D. (47.11, 49.20, and 76.5) Subsections (A), (B), and (C) of Section 14-1-206 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A) ~~Beginning January 1, 1995, and continuously after that date, a~~ A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in general sessions court must pay an amount equal to ~~one hundred~~107.5 percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit ~~thirty-eight~~35.35 percent of the revenue generated by the assessment imposed in subsection (A) to the

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county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) ~~The~~After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of assessments received as follows:

(1) ~~47.17~~ 42.08 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) ~~16.52~~ 14.74 percent to the ~~Department of Public Safety program of~~ Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3) .5 .45 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus ~~for~~ to defray the costs of maintaining and operating the Hall of Fame ~~use in its law enforcement training programs~~;

(4) ~~16.21~~ 14.46 percent to the Office of Indigent Defense for the defense of indigents;

(5) ~~13.26~~ 11.83 percent for the State Office of Victim Assistance;

(6) ~~5.34~~ 15.39 percent to the general fund;

(7) ~~1.0~~ .89 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money

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disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and

(8) .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
E. (47.11, 49.20, and 76.5) Subsections (A), (B), and (C) of Section 14-1-207 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A) ~~Beginning January 1, 1995, and continuously after that date, a~~ A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in magistrate's court must pay an amount equal to ~~100~~107.5 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) ~~The~~ After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:

(1) ~~35.12~~ 32.36 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) ~~22.49~~ 20.72 percent to the ~~Department of Public Safety program of~~ Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3) ~~.65~~ .60 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant

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to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus ~~for~~ to defray the costs of maintaining and operating the Hall of Fame ~~use in its law enforcement training programs~~;

(4) ~~20.42~~ 18.82 percent for the State Office of Victim Assistance;

(5) ~~8.94~~ 15.93 percent to the general fund;

(6) ~~11.38~~ 10.49 percent to the Office of Indigent Defense for the defense of indigents;

(7) ~~1.0~~ .92 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and

(8) .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
F. (47.11, 49.20, and 76.5) Subsections (A), (B), and (C) of Section 14-1-208 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A) ~~Beginning October 1, 2000, and continuously after that date, a~~ A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in municipal court must pay an amount equal to ~~100~~107.5 percent of the fine imposed as an assessment. This assessment must be paid to the

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municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) ~~The~~After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:

(1) ~~15.24~~ 14.04 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) ~~15.07~~ 13.89 percent to the ~~Department of Public Safety program of~~ Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3) ~~.39~~ .36 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for the purpose of defraying the costs of maintaining and operating the Hall of Fame ~~use in its law enforcement training programs~~;

(4) ~~11.26~~ 10.38 percent for the State Office of Victim Assistance;

(5) ~~4.11~~ 11.53 percent to the general fund;

(6) ~~11.46~~ 10.56 percent to the Office of Indigent Defense for the defense of indigents;

(7) ~~.97~~ .89 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(8) ~~.59~~ .54 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the

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county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;

(9)(a) ~~11.36~~ 9.16 percent to the Department of Public Safety for the programs established pursuant to Section 56-5-2953(E); and

(b) 1.31 percent to SLED for the programs established pursuant to Section 56-5-2953(E);

(10) ~~14.77~~ 13.61 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply;

(11) ~~14.77~~ 13.61 percent to the Department of Juvenile Justice. The Department of Juvenile Justice must apply the funds generated by this item to offset the nonstate share of allowable costs of operating juvenile detention centers so that per diem costs charged to local governments utilizing the juvenile detention centers do not exceed twenty-five dollars a day. Notwithstanding this provision of law, the director of the department may waive, reduce, defer, or reimburse the charges paid by local governments for juvenile detention placements. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with regional evaluation centers; and

(12) .12 percent to the State Treasurer's Office to defray the administrative expenses associated with the collecting and distributing the revenue of these assessments."
G. (47.11, 49.20, and 76.5) Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-218. From the deposits made pursuant to Section 14-1-206(C)(6), Section 14-1-207(C)(5), and Section 14-1-208(C)(5),

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three million two hundred thousand dollars shall be allocated to the following agencies for support of the programs specified:

(1) five hundred thousand dollars to the Department of Juvenile Justice for the Juvenile Arbitration Program;

(2) four hundred fifty thousand dollars to the Department of Juvenile Justice for the Marine Institutes;

(3) five hundred thousand dollars to the Department of Juvenile Justice for the regional status offender programs; and

(4) one million seven hundred fifty thousand dollars to the Office of Indigent Defense."
H. (47.9) Chapter 3, Title 17 of the 1976 Code is amended by adding:

"Section 17-3-55. Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget."
I. (47.12) Chapter 3, Title 17 of the 1976 Code is amended by adding:

"Section 17-3-45. (A) A person to whom counsel has been provided in any court in this State shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense.

(B) A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel. The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee. If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only

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to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.

(C) In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or legal guardians of the juvenile, must be advised in writing of this requirement at the earliest stage of the proceedings against the juvenile.

(D) Nothing contained in this section restricts or hinders a court from appointing counsel in any emergency proceedings or where there is not sufficient time for an individual to complete the application process.

(E) The appointment of counsel creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays either to the appointed counsel or defender corporation of the county or counties where he is represented or to the Office of Indigent Defense. The claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.

(F) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn."

Part 24
Department of Social Services

A. (26.4) Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-710. The names of persons benefiting from assistance payments under the Department of Social Services programs must be

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available to other state agencies if not in conflict with federal regulations."
B. (26.5) Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-715. No county shall supplement the salary of any Department of Social Services employee."
C. (26.8) Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-720. The Department of Social Services shall establish and collect accounts receivable in accordance with appropriate and applicable federal regulations."
D. (26.14) 1. Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1641. Notwithstanding the provisions of Section 20-7-1640, the department is authorized to pay from funds appropriated for foster care the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected, and licensed by the department."

2. This subpart takes effect July 1, 2008.

Part 25
Lieutenant Governor's Office

(73.1)A. Section 8-11-260 of the 1976 Code is amended by adding an item at the end to read:

"(k) staff of the Lieutenant Governor's Office who report directly to the Lieutenant Governor."
B. Section 8-17-370 of the 1976 Code is amended by adding a new item at the end to read:

"(19) employees of the Lieutenant Governor's Office if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor."
C. (73.2) Chapter 21, Title 43 of the 1976 Code is amended to read:

"CHAPTER 21
Division and Advisory Council on Aging

Section 43-21-10. There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Lieutenant Governor shall appoint the members of the council, upon the advice and consent of the Senate.

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

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

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

Section 43-21-30. Reserved.

Section 43-21-40. The division shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of federal or state law. The division may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter.

The division shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program.

It shall also be the duty of the division to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies,

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and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging.

Without limiting the foregoing, the division is specifically authorized to:

(a) Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging.

(b) Promote community education in the problems of older people through institutes, publications, radio, television, and the press.

(c) Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging.

(d) Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging.

(e) Serve as a clearinghouse for information in the field of aging.

(f) Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation.

(g) Engage in any other activity deemed necessary by the division to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State;

(h) Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose;

(i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services;

(j) designate area agencies on aging as required by the Older Americans Act;

(k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.

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

Section 43-21-50. The division may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.

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

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

Section 43-21-80. The director shall appoint any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefore in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements.

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

Section 43-21-110. The General Assembly shall provide an annual appropriation to carry out the work of the Commission.

Section 43-21-120. There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department of Mental Health, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South

Printed Page 5249 . . . . . Thursday, June 5, 2008

Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services, the Director of the Department of Alcohol and Other Drug Abuse Services, and the Chairperson of the Commission on Women.

The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.

The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.

The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.

Section 43-21-130. (A) There is created the Long-Term Care Council (council) composed of the following voting members:

(1) the Lieutenant Governor or his designee;

(2) the Director of the Department of Social Services;

(3) the Director of the Department of Health and Environmental Control;

(4) the Director of the Department of Mental Health;

(5) the Director of the Department of Disabilities and Special Needs;

(6) the Director of the Division on Aging;

(7) the Director of the Department of Health and Human Services;

(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;

(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;

(10) one representative of each of the following groups appointed by the Lieutenant Governor annually:

(a) long-term care providers;

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(b) long-term care consumers;

(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Lieutenant Governor to represent private groups serve without compensation.

(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.

Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:

(1) charges based on ability to pay for persons not eligible for Medicaid;

(2) coordination of community services;

(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;

(4) case management; and

(5) discharge planning and services.

The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives.

Section 43-21-150. The Division on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:

(a) the availability of long term care services;

(b) the lifetime risk of spending some time in a nursing home;

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(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and

(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.

This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.

Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Division on Aging.

(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.

(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.

(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.

(E) The South Carolina Division on Aging shall carry out all activities necessary to administer the fund.

Section 43-21-170. In administering the Eldercare Trust Fund, the division may, but is not limited to:

(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;

(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;

(3) solicit proposals for programs that are aimed at meeting identified service needs;

(4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;

(5) establish criteria for awarding grants; and

(6) enter into contracts for the awarding of grants to public and private nonprofit organizations.

Section 43-21-180. Funds deposited in the trust fund and all earnings from the investment of these funds, after allowances for operating

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expenses, are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division.

Section 43-21-190. There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:

(1) identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;

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

(3) arrange educational forums to explore issues related to older South Carolinians;

(4) promote good government for all South Carolinians.

The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc., in coordination with the state's network of aging programs.

The nonpartisan model legislature shall conduct its general assembly annually.

Section 43-21-200. (A) There is established within the Division of Aging the State Loan Repayment Program to reimburse student loan payments of a physician licensed or certified to practice in this State, who has completed a fellowship training program in geriatrics or geropsychiatry accredited by the Accreditation Council for Graduate Medical Education, is accepted into the program, and contracts with the division as provided in subsection (C) of this section.

(B)(1) To assist the division in selecting program participants, there is established the Physician Advisory Board to review applicants for the repayment reimbursement program. The board consists of five members, one each appointed by the division to represent:

(a) the South Carolina Medical Association;

(b) the South Carolina Commission on Higher Education;

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(d) the School of Medicine of the University of South Carolina;

(e) a fellow in geriatrics or geropsychiatry.

Board members serve at the pleasure of the division and without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of boards, committees, and commissions, to be paid from approved accounts of the division.

(2) The board shall meet as necessary to review program applications and from among these applications recommend program candidates to the division. No physician may participate in the program who has not been recommended by the board. In considering applications, the board shall consider demonstrable need and make every effort to select those who intend to continue to practice in this State after completing the program. In order of priority in considering applicants for the program, the board shall consider first South Carolina natives completing fellowship programs in this State, then out-of-state applicants completing fellowships in this State, then South Carolina natives completing out-of-state fellowship programs, and finally out-of-state applicants completing out-of-state fellowships.

(C)(1) A physician accepted for the program shall execute a contract with the division in which the physician agrees:

(a) to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship;

(b) to accept Medicare and Medicaid patients;

(d) not to discriminate against patients based on the ability to pay.

(2) Upon execution of the contract, the division shall reimburse student loan payments made by the physician during the last completed calendar quarter. No more than four physicians a year may participate in the program unless sufficient funding is available to reimburse, in accordance with this section, more than four physicians a year. The total amount that may be reimbursed to one physician is thirty-five thousand dollars multiplied by the number of years of the fellowship completed, prorated for periods less than one year.

(D) If the division determines that the physician is not in compliance with the contract, it shall refer this matter to the Physicians Advisory Board, which shall recommend an appropriate penalty which may be imposed by the division for noncompliance, which must be an amount not to exceed three times the total of reimbursement received

Printed Page 5254 . . . . . Thursday, June 5, 2008

plus interest at the prime rate plus ten percent calculated from the date noncompliance was determined.

(E) The division shall prescribe the form of applications and the procedures for reimbursement and may require such information and documentation as it determines appropriate for these applications and reimbursements.

(F) The General Assembly, in the annual general appropriations act, shall appropriate the funds necessary for the operation of the State Loan Repayment Program."
D. 1. Section 9-1-10(11)(g) of the 1976 Code, as last amended by Act 389 of 2000, is further amended to read:

"(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, ~~Department of Health and Human Services~~ Lieutenant Governor's Office."

2. Section 9-1-10(14) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

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

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

"(9) local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, ~~Department of Health and Human Services~~ Lieutenant Governor's Office;"

4. This subpart takes effect July 1, 2008.

Part 26
Department of Transportation

A. (68A.8) 1. Section 57-5-720 of the 1976 Code is amended by adding a paragraph at the end to read:

"In recognition of budgetary restraints, the Department of Transportation, its commission, officers and employees, are granted the

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discretionary authority to relax design and construction standards with respect to highway projects in the secondary state highway system. The exercise of the discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers or employees."

2. This subpart takes effect July 1, 2008.
B. (68A.13) 1. Section 57-3-130(A) of the 1976 Code is amended to read:

"(A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. ~~The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees~~ Fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes. The department may charge the following rates for oversize or overweight permits and licenses:

Single Trip $ 30.00

Excessive Width Over 16 feet $ 35.00

Excessive Width Over 18 feet $ 40.00

Excessive Width Over 20 feet $ 45.00

Excessive Width Over 22 feet $ 50.00

Multiple Trip (Annual) $ 100.00

House Moving License (Annual) $ 100.00

Superload Application (Non-Refundable) $ 100.00

Superload Engineer Analysis

Over 130,000 pounds $ 100.00

Superload Engineer Analysis

Over 200,000 pounds $ 200.00

Superload Engineer Analysis

Over 300,000 pounds $ 350.00

Printed Page 5256 . . . . . Thursday, June 5, 2008

Superload Impact Fee for Loads

Over 130,000 pounds $ 3.00/1,000 pounds

Administration Fee for Prorating

Active Annual Permits $ 10.00

Administration Fee for Road

Machinery Permits $ 10.00

2. Section 57-3-150(A) of the 1976 Code is amended to read:

"(A) The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is as delineated in the fee schedule in Section 57-3-130(A) ~~fifty dollars~~, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed."

3. This subpart takes effect July 1, 2008.

Part 27
Law Enforcement Training Council

A. (50.3) 1. Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-120. Notwithstanding any other provision of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue from 'Crime-to-Court' and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees

Printed Page 5257 . . . . . Thursday, June 5, 2008

and dues, clothing allowance, and other related services or programs as the Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward."

2. This subpart takes effect July 1, 2008.

Part 28
Department of Juvenile Justice

A. (53.5) Section 20-7-6850 of the 1976 Code is amended by adding a paragraph at the end to read:

"All revenues generated from United States Department of Agriculture grants, the Education Finance Act, the Detention Center, and Medicaid federal funding may be retained, carried forward, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with related programs."
B. (53.12 and 53.16) 1. Section 20-7-7810 of the 1976 Code is amended by adding two subsections at the end to read:

"(G) After having served at least two-thirds of the time ordered by a court, a child committed to the Department of Juvenile Justice for a determinate period pursuant to this section may be released by the department prior to the expiration of the determinate period for 'good behavior' as determined by the department. The court, in its discretion, may state in the order that the child is not to be released prior to the expiration of the determinate period ordered by the court.

(H) Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center for the offense for which they were subsequently committed by the Family Court to the custody of the Department of Juvenile Justice shall receive credit toward their parole guidelines, if indeterminately sentenced, or credit toward their date of release, if determinately sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program."

2. This subpart takes effect July 1, 2008.
C. (53.17) 1. Section 20-7-6855(C) of the 1976 Code is amended to read:

"(C) Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State. Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act

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shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled 'Education Finance Act'. The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for ~~twelve months~~ operation of the department's twelve-month continuous progress education program using a base of two hundred thirty-five instructional days instead of one hundred ninety instructional days. The amount includes, but is not limited to, all funding for teacher salary supplements, instructional purposes, or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress educational program. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

2. This subpart takes effect July 1, 2008.
D. (53.19) Section 20-7-8005 is amended to read:

"Section 20-7-8005. From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in custody in a correctional institution, facility, or program operated by the department, the child shall be under the exclusive care, custody, and control of the department. All expenses must be borne by the State except ~~as otherwise provided by law~~ local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per child. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with juvenile services provided by the department. If adequate funding is not received, the department shall have flexibility to use funds from other programmatic areas to maintain an appropriate level of service."

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Part 29
State Treasurer's Office

A. (76.6) 1. Section 27-18-180 of the 1976 Code is amended by adding a subsection at the end to read:

"(F) Notwithstanding Section 27-18-190, the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by this section by electronic means or at least once in a newspaper of general circulation in the county in this State which is the last known address of any person named in the notice."

2. This section takes effect July 1, 2008.
B. (76.8) 1. Section 11-5-120 of the 1976 Code is amended to read:

"Section 11-5-120. The Treasurer shall publish, quarterly, by electronic means and in a manner that allows for public review, ~~in one daily paper in the city of Columbia~~ a statement showing the amount of money on hand and in what ~~banks~~ financial institution it is deposited and the respective funds to which it belongs."

2. This subpart takes effect July 1, 2008.

Part 30
Clemson University - PSA

A. (35.4) 1. Section 46-25-210(A) of the 1976 Code is amended to read:

"(A) Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.

(1) A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:

Tonnage Volume of

Registrant License Fee

0-5,000 tons ~~Fifty~~ One hundred dollars

5,001-25,000 tons ~~One hundred~~ Two hundred dollars

More than 25,000 tons ~~Two hundred~~ Four Hundred dollars

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A new registrant shall pay a license fee of ~~fifty~~ one hundred dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.

(2) All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product."

2. Section 46-25-820 of the 1976 Code is amended to read:

"Section 46-25-820. On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the ~~twenty-five~~ fifty cents a ton inspection tax a combined annual registration fee and inspection tax of ~~thirty~~ sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of ~~thirty~~ sixty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810."

3. Sections 46-26-50 and 46-26-60 are amended to read:

"Section 46-26-50. Any person desiring to become a distributor as defined in this chapter shall before engaging in such business, make application to the commission on application forms furnished by the commission for a permit to do business in South Carolina. Each application should be accompanied by a remittance of ~~ten~~ twenty dollars for each distributor as a fee for issue of permit. The applicant shall guarantee compliance with all provisions of this chapter which apply to the sale of bulk liming materials, which shall include delivery to the consumer the bulk liming materials purchased. Upon approval by the commission a copy of the permit shall be furnished the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.

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Section 46-26-60. (a) Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on forms furnished or approved by the commission or its duly authorized representative and shall be accompanied by a fee of ~~ten~~ twenty dollars per product. Upon approval by the commission or its duly authorized representative, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June thirtieth of each year.

(b) A distributor shall not be required to register any brand of agricultural liming material if it has been duly registered under this chapter by another person, providing the label does not differ in any respect."

4. Sections 46-13-50(A) and 46-13-60 of the 1976 Code are amended to read:

"A. (1) After October 21, 1976, no person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this chapter. A separate license and fee shall be obtained for each establishment from which restricted use pesticides are distributed, sold, held for sale, or offered for sale directly to the user or for resale.

(2) Applications for a pesticide dealer license shall be in the form and shall contain the information prescribed by the Director. Each initial application shall be accompanied by a fee of ~~twenty-five~~ fifty dollars; additional license for applicants at the same location shall be ~~five~~ ten dollars per applicant. All licenses issued under this chapter shall expire on December thirty-first of the year for which they are issued.

(3) The license for a pesticide dealer may be renewed annually upon application to the Director accompanied by a fee of ~~twenty-five~~ fifty dollars for each license, on or before the first day of January of the calendar year for which the license is issued.

(4) Every licensed pesticide dealer who changes his address or place of business shall notify the Director within ten days.

(5) The Director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to conduct the business described in the application for the calendar year for which the license is issued, unless the license is sooner revoked or suspended.

(6) If an application for renewal of a pesticide dealer license is not filed on or prior to January first of any one year an additional fee of

Printed Page 5262 . . . . . Thursday, June 5, 2008

twenty-five percent of the original fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued; provided, that such additional fee shall not apply if the applicant furnishes an affidavit that he has not operated as a licensed pesticide dealer subsequent to the expiration of his prior license.

Section 46-13-60. The director may prescribe standards for the certification of applicators of pesticides. The standards must conform with the standards for certification as specified by Section 4, Public Law 92-516. The standards for certification of private applicators of restricted use pesticides do not become effective except as becomes necessary under Section 4, Public Law 92-516 and the resulting regulations established under that law.

(1) Private applicators:

(a) No 'private applicator' may use or supervise the use of a 'restricted use pesticide' which is restricted to use by 'certified applicators' without that private applicator first complying with the certification requirements necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.

(b) Certification standards to determine the individual's competency with respect to the use of the pesticide or class of pesticides the private applicator is to be certified to use must be promulgated by the director.

(i) To be certified as a private applicator to use 'restricted use pesticides' (categorized for this examination requirement) the applicant is required to pass a written or oral examination or otherwise demonstrate his competency with respect to the use of the pesticide or category of pesticides covered by his certification before purchase and use of the product.

(ii) Applications for a private applicator's license must be in the form and must contain the information prescribed by the director. Each application must be accompanied by a fee equaling ~~one dollar~~ two dollars a valid year. All licenses issued under this chapter expire on December thirty-first of the year that the license is dated to expire.

(iii) Private applicator licenses, issued by the director, are valid for a period as prescribed by the director in regulations. The director may renew a private applicator license without reexamination. The director by regulation shall establish provisions, which do not include reexamination unless required to do so by federal law, to ensure that private applicators continue to meet the requirements of changing

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technology and to ensure a continuing level of competence and ability to use pesticides safely and properly.

(iv) If the director does not issue or renew a private applicator's license, he shall inform the applicant in writing of the reasons therefor. The applicant is eligible for reexamination after thirty days.

(2) Other applicators:

(a) Application for a license must be made in writing to the director on a designated form obtained from the director's office. Each application for a license must contain information regarding the applicant's qualifications and proposed operations, the type of license (commercial or noncommercial), the license classification for which the applicant is applying, and must include the following:

(i) the full name of the person applying for the license;

(ii) the principal business address of the applicant in the State and elsewhere;

(iii) the name and address of a person, who may be the Secretary of State, whose domicile is in the State, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant;

(iv) the type of equipment (excluding manually powered equipment) used by the applicant to apply pesticides.

(b) The director may not issue a commercial or noncommercial applicator's license until the individual who uses or supervises the use of a restricted use pesticide is certified by passing an examination to demonstrate to the director his knowledge of how to use and supervise the use of pesticides under the classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply under those classifications.

(c) If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Division of Aeronautics of the Department of Commerce for the State, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy

Printed Page 5264 . . . . . Thursday, June 5, 2008

director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified.

(d) An applicator license issued to an individual representing a government entity or a corporation, partnership, sole proprietorship, or other juridical person, is valid only so long as that individual satisfying the examination requirement of Section 46-13-60(2)(b) is employed by the business, or is an official or employee of the governmental entity. A licensee shall notify the director within thirty days of the date of invalidation of a license pursuant to this provision. Supervision required by a licensee pursuant to this chapter must be performed only by an individual satisfying the examination requirement of Section 46-13-60(2)(b).

(3) All persons:

(a) No person (including officials or employees of federal, state, or local government) may use or supervise the use of a restricted use pesticide without a private, commercial, or noncommercial applicator license issued by the director.

(b) An annual fee of ~~twenty-five~~ fifty dollars for each pesticide applicator's license issued to each office at which records relative to the sale or application of pesticides are maintained is required. Payment of this annual fee permits the certification of one individual under any or all of the classifications. A five dollar annual fee is required to certify each additional applicant who desires to be certified in any one classification. Noncommercial applicators are exempt from all fee requirements.

(c) If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons for the denial.

(d) An applicant is eligible for reexamination after thirty days.

(e) The license of an applicator whose financial responsibility, as required by Section 46-13-100 lapses, expires, or otherwise ceases to comply is suspended automatically until proof of continuing responsibility is provided by the applicator. It is unlawful for the person to engage in the business of applying pesticides until the financial responsibility is brought into compliance with the requirements of Section 46-13-100, and his license is reinstated by the director. If the applicator fails to reinstate his financial responsibility within three months or his applicator's license expires sooner, his license automatically is revoked and must not be restored until he has complied with the requirements of this section."

5. Chapter 25, Title 46 of the 1976 Code is amended by adding:

Printed Page 5265 . . . . . Thursday, June 5, 2008

"Section 46-25-825. Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission, a copy of the registration shall be furnished to the applicant. All registrations expire on June thirtieth of the following year. Each manufacturer shall submit to the Commission a copy of labels and advertising literature with the registration request for each soil amendment."

6. This subpart takes effect July 1, 2008.

Part 31
Department of Commerce

A. (40.13) 1. Section 12-10-95 of the 1976 Code is amended by adding a subsection at the end to read:

"(I) The council may establish an annual renewal fee of five hundred dollars to be shared equally with the department for administrative, data collection, reporting, and other obligations of this chapter."

2. Section 12-10-100(B) of the 1976 Code is amended to read:

"(B) The council shall establish an application fee schedule, not to exceed ~~two~~ four thousand dollars for each qualifying business, for undertaking the provisions of this chapter. Of that amount, five hundred dollars shall be shared with the department. The council shall also establish an annual renewal fee of five hundred dollars to be shared equally with the department. The State Treasurer shall establish an account for these fees which must be expended by the council only for meeting administrative, data collection, credit analysis, cost/benefits analysis, reporting, and any other obligations pursuant to this chapter. This account may retain funds for expenditure in the next fiscal year only for purposes enumerated in this section."

3. This subpart takes effect July 1, 2008.
B. (40.22) 1. Section 13-1-50 of the 1976 Code is amended to read:

"Section 13-1-50. The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The department may undergo an Agreed Upon Procedures audit in lieu of having audited financial statements. The audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the

Printed Page 5266 . . . . . Thursday, June 5, 2008

fiscal year. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds."

2. This subpart takes effect July 1, 2008.
C. (40.13 and 40.24) 1. Section 12-10-85 of the 1976 Code is amended to read:

"Section 12-10-85. (A) Funds received by the department for the State Rural Infrastructure Fund must be deposited in the State Rural Infrastructure Fund of the Council. The fund must be administered by the council for the purpose of providing financial assistance to local governments for infrastructure and other economic development activities including, but not limited to:

(1) training costs and facilities;

(2) improvements to regionally planned public and private water and sewer systems;

(3) improvements to both public and private electricity, natural gas, and telecommunications systems including, but not limited to, an electric cooperative, electrical utility, or electric supplier described in Chapter 27 of Title 58; or

(4) fixed transportation facilities including highway, rail, water, and air.

The Council may retain up to five percent of the revenue received for the State Rural Infrastructure Fund for administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations.

(B) Rural Infrastructure Fund grants must be available to benefit counties or municipalities designated as 'distressed' or 'least developed' as defined in Section 12-6-3360 according to guidelines established by the council, except that up to twenty-five percent of the funds annually available in excess of ten million dollars must be set aside for grants to areas of 'underdeveloped', 'moderately developed', and 'developed' counties. A governing body of an 'underdeveloped', 'moderately developed', or 'developed' county must apply to the council for these set-aside grants stating the reasons that certain areas of the county qualify for these grants because the conditions in that area of the county are comparable to those conditions qualifying a county as 'distressed' or 'least developed'.

Printed Page 5267 . . . . . Thursday, June 5, 2008

(C) For the purposes of this section, 'local government' means a county, municipality, or group of counties organized pursuant to Section 4-9-20(a), (b), (c), or (d).

(D) The council shall submit a report to the Governor and General Assembly by March fifteenth covering activities for the prior calendar year.

(E) The department shall retain unexpended or uncommitted funds at the close of the State's fiscal year of the State and expend the funds in subsequent fiscal years for like purposes."

2. This subpart takes effect July 1, 2008.

Part 32
General Provisions

A. (89.41) Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-210. Notwithstanding any other provision of law, all state agencies, institutions, colleges and universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property, including any commission received for allowing the placement or location of pay telephones on public property. Public property means any and all property occupied or under the control of a state agency, institution, college or university. The State shall forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates charged by vendors for the use of those telephones must be reduced to reflect this foregone state revenue."
B. (89.84) 1. Section 23-1-60 of the 1976 Code is amended to read:

"Section 23-1-60. (A) The Governor may, at his discretion, appoint ~~such~~ additional deputies, constables, security guards, and detectives as he ~~may deem~~ deems necessary to assist in the detection of crime and the enforcement of ~~any~~ the criminal laws of this State,. The qualifications, salaries, and expenses of ~~such~~ these deputies, constables, security guards, and detectives appointed are to be determined by and paid as provided for by law. Appointments by the Governor may be made ~~hereunder~~ pursuant to this section without compensation from the State. ~~Any~~ Appointments of deputies, constables, security guards, and

Printed Page 5268 . . . . . Thursday, June 5, 2008

detectives made without compensation from the State may be revoked by the Governor at his pleasure.

(B) All appointments of deputies, constables, security guards, and detectives ~~hereunder~~ appointed pursuant to this section without compensation ~~shall~~ expire sixty days after the expiration of the term of the Governor making ~~such~~ the appointment. Each Governor shall reappoint all deputies, constables, security guards, and detectives who are regularly salaried as provided for by law within sixty days after taking office unless ~~such~~ the deputy, constable, security guard, or detective is discharged with cause as provided for by law.

(C) All persons appointed ~~under~~ pursuant to the provisions of this section ~~shall be~~ are required to furnish evidence that they are knowledgeable as to the duties and responsibilities of a ~~laws-enforcement~~ law enforcement officer or ~~shall be~~ are required to ~~take such~~ undergo training in this field as may be prescribed by the Chief of the South Carolina ~~Law-Enforcement~~ Law Enforcement Division.

(D) A voluntary deputy, constable, security guard, or detective appointed pursuant to this section, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division."

2. This subpart takes effect July 1, 2008.
C. (90.2) Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-212. (A) In addition to all other assessments and surcharges, a twenty-five dollar surcharge is imposed on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended.

(B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain in a fiscal year the actual cost associated with the collection of this surcharge not to exceed forty thousand dollars. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows:

Printed Page 5269 . . . . . Thursday, June 5, 2008

(a) 18.50 percent quarterly to the Prosecution Coordination Commission for allocations to circuit solicitors in the manner provided pursuant to this subsection for the operations of solicitors' offices, a portion of which, at the option of a solicitor, may be used for drugs courts in the judicial circuit;

(b) 22.10 percent to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses;

(d) 15 percent to the Department of Corrections for its general purposes;

(e) 3.75 percent to the Attorney General's Office for its general purposes;

(f) 8.56 percent to the Judicial Department for its general purposes;

(g) 1.55 percent to the Department of Natural Resources for statewide police responsibilities;

(h) 1 percent to the Office of Indigent Defense, Division of Appellate Defense for its general purposes;

(i) 0.10 percent to the Forestry Commission for statewide police responsibilities; and

(j) 14.44 percent to the Department of Public Safety for the Highway patrol Division for equipment, vehicle purchases, and associated vehicle expenses, including maintenance and gasoline.

(2) The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which then shall apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States Census. Amounts generated by this section for use by solicitors' offices must be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county.

(C) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."

Printed Page 5270 . . . . . Thursday, June 5, 2008

D. 1. Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-135. Notwithstanding any other provision of law, including specifically any temporary provisions in the general appropriations act for fiscal year 2008-2009, coastal counties and municipalities may adopt by reference or otherwise the provisions in the 2006 International Residential Code (IRC) necessary to prevent properties insured by the National Flood Insurance Program (NIFP) being retrograded to a lower class for purposes of the flood insurance premium discounts allowed jurisdictions participating in the NFIP's community rating system."

2. This subpart takes effect upon approval of this act by the Governor.

SECTION 3. The numbers in parenthesis following the individually lettered subparts in each Part of Section 1 of this act are references to paragraphs in Part IB of the general appropriations act of 2008 for fiscal year 2008-2009, and are for purposes of identification only.

SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 5. The purpose of this, the Budget Proviso Codification Act, is to enact into permanent law temporary provisions that are reenacted annually in the annual general appropriations act. With respect to the imposition of fees and assessments, this act must not be construed in a manner that would result in a doubling of the fees and assessments by deeming them to be imposed cumulatively pursuant to both temporary and permanent law.

SECTION 6. An act of 2008 bearing ratification number 293, the general appropriations act for fiscal year 2008-2009, is amended effective July 1, 2008, in Part IB, by deleting paragraphs 80A.3 and 80A.38 in their entirety.

SECTION 7. A. Section 56-3-8000(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

Printed Page 5271 . . . . . Thursday, June 5, 2008

"(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued."
B. This subsection takes effect July 1, 2008.

SECTION 8. If any part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, subpart, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, subparts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 9. Except as otherwise provided, this act takes effect July 1, 2009. /

Amend title to conform.

Hon. John C. Land III             Hon. Annette D. Young
Hon. Robert W. Hayes, Jr.         Hon. Gilda Cobb-Hunter
Hon. Thomas C. Alexander          Hon. J. Gary Simrill
On Part of the Senate.            On Part of the House.

Printed Page 5272 . . . . . Thursday, June 5, 2008

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 530--ORDERED ENROLLED FOR RATIFICATION

R. 322, H. 3723--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R322) H. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.

Rep. HAYES explained the Veto.

Printed Page 5273 . . . . . Thursday, June 5, 2008

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

Yeas 77; Nays 17

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Chalk
Clyburn                Cobb-Hunter            Cooper
Crawford               Daning                 Dantzler
Delleney               Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Haley                  Harrell
Hart                   Hayes                  Hiott
Hodges                 Hosey                  Huggins
Hutson                 Jefferson              Kelly
Kennedy                Kirsh                  Knight
Lowe                   Lucas                  Mack
McLeod                 Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  E. H. Pitts            Rutherford
Sandifer               Scarborough            Scott
Sellers                Simrill                Skelton
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Spires                 Stavrinakis
Thompson               Walker                 Weeks
Whipper                White                  Whitmire
Williams               Young

Total--77

Those who voted in the negative are:

Bedingfield            Duncan                 Frye
Hagood                 Hardwick               Limehouse
Littlejohn             Mahaffey               Merrill
Mulvaney               Rice                   Shoopman

Printed Page 5274 . . . . . Thursday, June 5, 2008

G. R. Smith            Stewart                Talley
Toole                  Umphlett

Total--17

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

H. 4344--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4344 (Word version) -- Reps. M. A. Pitts and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.

Rep. W. D. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\AGM\19288MM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-28-2920 of the 1976 Code is amended to read:

"Section 12-28-2920. (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. 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, or, in the case of a Qualified Toll Project, operating the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding:

Printed Page 5275 . . . . . Thursday, June 5, 2008

(a) the cost of construction, financing, operation, and maintenance of the toll project; or

(b) in the case of a Qualified Toll Project, acquisition, cost of 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, financing, toll charges shall cease, or in the case of a Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of all of the parties to an agreement authorized under Section 57-3-200, toll charges on such qualified toll projects shall cease.

(C) For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project involving an agreement between the department and another entity or entities on which tolls were being collected before January 1, 2008. The department has the authority to assign, amend, and extend the terms of a Qualified Toll Project agreement. However, an amendment or extension does not create a pecuniary obligation on the part of the department, the State of South Carolina, its agencies or subdivisions, or its taxpayers to pay any debt associated with the Qualified Toll Project."
B. Section 57-3-200 of the 1976 Code is amended to read:

"Section 57-3-200. (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 partnership agreements with political subdivisions including authorized transportation authorities, and 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 a Qualified Toll Project, as defined in Section 12-28-2920, the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State.

(B) 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.

Printed Page 5276 . . . . . Thursday, June 5, 2008

However, in the case of a Qualified Toll Project, the department, after setting the initial toll rate or rates, may delegate to the political subdivision, transportation authority, or private entity the power to revise the toll for inflation in an amount not to exceed the increase in the Consumer Price Index.

(C) The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by toll or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or other political subdivisions do not possess under other provisions of this code." /
Renumber sections to conform.
Amend title to conform.

Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.

Reps. CRAWFORD, SHOOPMAN and MULVANEY proposed the following Amendment No. 2A (Doc Name COUNCIL\DT\ 27347BB08), which was adopted:
Amend the bill, as and if amended, Section 37-29-110, as contained on pages 1-2, by deleting the section in its entirety and inserting:
/ Section 37-29-110. PalmettoPride is governed by a board of directors composed of eleven members to be appointed as follows: five members of the public must be appointed by the Governor; three members must be appointed by the President Pro Tempore of the Senate, to include one member of the Senate and two members of the public; three members must be appointed by the Speaker of the House of Representatives, to include one member of the House of Representatives and two members of the public. The members of the board shall elect the chairman of the board from among the public members. The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term./
Renumber sections to conform.
Amend title to conform.

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

Printed Page 5277 . . . . . Thursday, June 5, 2008

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

Rep. W. D. SMITH moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER HAGOOD IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

S. 429--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.

Rep. HARRISON explained the Senate Amendments.

PARLIAMENTARY INQUIRY

Rep. KELLY inquired as to whether or not the Speaker Pro Tempore would invoke Rule 4.8. He stated that according to Rule 4.8, the Speaker in his discretion could commit a Bill to a committee when the Bill, as amended by the Senate, had materially changed the original Bill's substantial effect.
SPEAKER HARRELL stated that he would not exercise the discretion allowed to the Speaker under Rule 4.8 because the Bill, as

Printed Page 5278 . . . . . Thursday, June 5, 2008

amended, did not materially change the original Bill's substantial effect. Both the amended version of the Bill and the original version dealt with DNA testing. He, therefore, refused Rep. Kelly's request.

Rep. HART spoke against the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

S. 1159--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1159:

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
and asks for a Committee of Conference and has appointed Senators Gregory, Hayes and Lourie to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. G. M. SMITH, RUTHERFORD and TALLEY to the Committee of Conference on the

Printed Page 5279 . . . . . Thursday, June 5, 2008

part of the House and a message was ordered sent to the Senate accordingly.

S. 503--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 503:

Very respectfully,
President

Whereupon, the Chair appointed Reps. G. M. SMITH, F. N. SMITH and HERBKERSMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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 S. 669:

Printed Page 5280 . . . . . Thursday, June 5, 2008

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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 S. 1376:

Printed Page 5281 . . . . . Thursday, June 5, 2008

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has receded from their amendments and asks that proper notation be made on the Bill:

Very respectfully,
President

S. 577--ORDERED ENROLLED FOR RATIFICATION

A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3212:

Printed Page 5282 . . . . . Thursday, June 5, 2008

AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:15 p.m. today for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. LOFTIS the invitation was accepted.

H. 3212--CONFERENCE REPORT ADOPTED

H. 3212--Conference Report
The General Assembly, Columbia, S.C., June 4, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF

Printed Page 5283 . . . . . Thursday, June 5, 2008

ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Section 23-31-215(N) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:

"(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED ~~shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and~~ shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."

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

Amend title to conform.

Sen. John D. Hawkins              Rep. F. Gregory Delleney, Jr.
Sen. John M. Knotts, Jr.          Rep. Jeffrey D. Duncan
Sen. Kent M. Williams             Rep. Ted Martin Vick
On Part of the Senate.            On Part of the House.

Rep. DELLENEY explained the Conference Report.

Rep. DUNCAN spoke in favor of the Conference Report.

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

Yeas 87; Nays 11

Those who voted in the affirmative are:

Agnew                  Allen                  Anthony
Bales                  Ballentine             Barfield

Printed Page 5284 . . . . . Thursday, June 5, 2008

Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Cato                   Chalk
Clemmons               Clyburn                Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Hosey
Howard                 Huggins                Hutson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            Stewart
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Whitmire               Witherspoon            Young

Total--87

Those who voted in the negative are:

Alexander              Hart                   Hodges
Jefferson              Scott                  G. M. Smith
J. E. Smith            Talley                 Weeks
Whipper                Williams

Total--11

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Printed Page 5285 . . . . . Thursday, June 5, 2008

H. 3212--ORDERED ENROLLED FOR RATIFICATION

H. 4747--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA

Printed Page 5286 . . . . . Thursday, June 5, 2008

MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

Rep. HARRISON 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.

H. 3575--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J. M. Neal, Owens, E. H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF

Printed Page 5287 . . . . . Thursday, June 5, 2008

JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.

Rep. HARRISON 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.

H. 4344--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4344:

H. 4344 (Word version) -- Reps. M. A. Pitts and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Printed Page 5288 . . . . . Thursday, June 5, 2008

CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.

Very respectfully,
President

On motion of Rep. WITHERSPOON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BINGHAM, NEILSON and SHOOPMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 319, H. 3028 by a vote of 42 to 1:

Very respectfully,
President
Received as information.

Printed Page 5289 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 322, H. 3723 by a vote of 43 to 0:

(R322, H3723 (Word version)) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.

Very respectfully,
President
Received as information.

Printed Page 5290 . . . . . Thursday, June 5, 2008

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 333, H. 4900 by a vote of 43 to 0:

(R333, H4900 (Word version)) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 328, H. 4529 by a vote of 43 to 0:

Printed Page 5291 . . . . . Thursday, June 5, 2008

(R328, H4529 (Word version)) -- Reps. Weeks, Whipper and R. Brown: AN ACT TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE, AND TO DELETE CERTAIN NOTICE PROVISIONS IMPOSED ON THE DEPARTMENT OF CONSUMER AFFAIRS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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. 4320:

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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 S. 987:

Printed Page 5292 . . . . . Thursday, June 5, 2008

S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149

Printed Page 5293 . . . . . Thursday, June 5, 2008

RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Rankin, Malloy and Lourie of the Committee of Conference on the part of the Senate on H. 3547:

H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.

Very respectfully,
President
Received as information.

Printed Page 5294 . . . . . Thursday, June 5, 2008

S. 913--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Martin, Malloy and Sheheen of the Committee of Conference on the part of the Senate on:

Very respectfully,
President

Whereupon, the Chair appointed Reps. CLEMMONS, MULVANEY and SCOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 96:

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.

Printed Page 5295 . . . . . Thursday, June 5, 2008

Very respectfully,
President
Received as information.

H. 4899--RECONSIDERED

Rep. EDGE moved to reconsider the vote whereby the House insisted on its amendments to the following Joint Resolution was taken up and agreed to:

H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J. H. Neal, Parks, Perry, Pinson, M. A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G. M. Smith, G. R. Smith, W. D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.

H. 4899--HOUSE RECEDES FROM ITS AMENDMENTS

On motion of Rep. EDGE, the House receded from its amendments, and a message was ordered sent to the Senate accordingly.

H. 4309--RECONSIDERED

Rep. G. M. SMITH moved to reconsider the vote whereby the following Bill was recommitted:

Printed Page 5296 . . . . . Thursday, June 5, 2008

MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

Rep. SCOTT moved to table the motion to reconsider.

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

Yeas 10; Nays 76

Those who voted in the affirmative are:

Alexander              Brantley               G. Brown
Hart                   Hodges                 Jefferson
McLeod                 Scott                  Weeks
Williams

Total--10

Those who voted in the negative are:

Agnew                  Allen                  Anthony
Ballentine             Barfield               Bedingfield
Bowen                  Bowers                 Brady
Cato                   Chalk                  Clemmons
Cotty                  Crawford               Daning
Dantzler               Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Hosey
Howard                 Huggins                Hutson
Jennings               Kelly                  Knight
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Mitchell
Moss                   Mulvaney               J. H. Neal
Neilson                Owens                  Parks

Printed Page 5297 . . . . . Thursday, June 5, 2008

Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Talley
Thompson               Toole                  Umphlett
Walker                 White                  Whitmire
Young

Total--76

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

S. 96--CONFERENCE REPORT ADOPTED

S. 96--Conference Report
The General Assembly, Columbia, S.C., June 5, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-4155. (A) As used in this section, 'alcohol without liquid device' means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an

Printed Page 5298 . . . . . Thursday, June 5, 2008

individual can inhale or snort. An alcohol without liquid device does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.

(B) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, by a fine of three hundred dollars;

(2) for a second offense, by a fine of seven hundred fifty dollars or imprisonment for not more than six months, or both;

(3) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for not more than two years, or both.

(C) Except as provided in subsection (D) of this section, an alcohol without liquid device must be seized by a law enforcement officer and be taken before any magistrate of the county in which the alcohol without liquid device is seized, the magistrate shall immediately examine it, and if satisfied that it is an alcohol without liquid device, direct that it be destroyed immediately after conviction of the violator.

(D) This section shall not apply to a health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."

SECTION 2. Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2) 'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business ~~which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition~~ that provides facilities for seating not ~~less~~ fewer than forty persons simultaneously at tables for the service of meals and that:

(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;

(b) has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and

Printed Page 5299 . . . . . Thursday, June 5, 2008

(c) prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."

SECTION 3. Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection to read:

"( ) For the purpose of this section:

(1) 'Kitchen' means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2) 'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this statute.

(3) 'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Sen. Luke A. Rankin               Rep. Alan D. Clemmons
Sen. Vincent A. Sheheen           Rep. J. David Weeks
Sen. Raymond E. Cleary III        Rep. Kristopher R. Crawford
On Part of the Senate.            On Part of the House.

Rep. CLEMMONS explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Printed Page 5300 . . . . . Thursday, June 5, 2008

S. 96--ORDERED ENROLLED FOR RATIFICATION

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Gregory, Thomas and Land of the Committee of Conference on the part of the Senate on H. 4344:

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4344:

Printed Page 5301 . . . . . Thursday, June 5, 2008

FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.

Very respectfully,
President
Received as information.

S. 429--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 429:

Very respectfully,
President

Whereupon, the Chair appointed Reps. G. M. SMITH, CRAWFORD and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HART.

Printed Page 5302 . . . . . Thursday, June 5, 2008

H. 4344--CONFERENCE REPORT ADOPTED

H. 4344--Conference Report
The General Assembly, Columbia, S.C., June 5, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4344 (Word version) -- Reps. M.A. Pitts and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Title 37 of the 1976 Code is amended by adding:

"CHAPTER 29
PalmettoPride

Section 37-29-100. There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.

Section 37-29-110. PalmettoPride is governed by a board of directors composed of eleven members to be appointed as follows: five members of the public must be appointed by the Governor; three members must be appointed by the President Pro Tempore of the Senate, to include one Senator and two members of the public; three members must be appointed by the Speaker of the House of Representatives, to include one member of the House of Representatives and two members of the public. The members of the board shall elect the chairman of the board from among the public members. The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.

Printed Page 5303 . . . . . Thursday, June 5, 2008

Section 37-29-120. The chairman of the board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an Executive Coordinator. The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget recommended by the Executive Coordinator.

Section 37-29-130. PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recreation and Tourism. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes."

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

Amend title to conform:

/ A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES. /

Sen. John C. Land III             Rep. Phillip W. Shoopman
Sen. David L. Thomas              Rep. Denny Woodall Neilson
Sen. Chauncey K. Gregory          Rep. Kenny Bingham
On Part of the Senate.            On Part of the House.

Rep. BINGHAM explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Printed Page 5304 . . . . . Thursday, June 5, 2008

H. 3030--POINT OF ORDER

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

H. 3030 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Spires and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE A SEWAGE COLLECTION SYSTEM WITHIN THE DISTRICT.

POINT OF ORDER

Rep. J. E. SMITH 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.

H. 4511--RECONSIDERED, SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

Rep. WALKER moved to reconsider the vote whereby the House nonconcurred in the Senate Amendments to the following Bill, which was agreed to:

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.

Reps. RUTHERFORD and WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20763SD08), which was adopted:
Amend the bill, as and if amended, in Section 56-1-187 of the 1976 Code, as contained in subsection B. of SECTION 1, by adding after the first sentence of the section:
/Upon the magistrates or municipal court receiving notice of the dependent's violation through transmittal to the court of the traffic ticket or through other means, the court shall determine the names of the parents or guardians from the records of the Department of Motor Vehicles. The court shall then notify the dependent's parents or guardians by certified mail at the address shown on the traffic ticket, unless the department's records show a different address, of the

Printed Page 5305 . . . . . Thursday, June 5, 2008

violation and the fact that they may be subject to a civil fine. Failure to receive the notice does not prohibit the imposition of the civil fine pursuant to this section./
Renumber sections to conform.
Amend title to conform.

Rep. WALKER 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.

H. 4309--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5543CM08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 on page 2 and inserting:
/ SECTION 2. Title 14 of the 1976 Code is amended by adding:

Printed Page 5306 . . . . . Thursday, June 5, 2008

"CHAPTER 29
Middle Courts

Section 14-29-10. This act may be cited as the 'Middle Court Processes Act'.

Section 14-29-20. The General Assembly recognizes that the drug court process existing in various counties has been successful in rehabilitating nonviolent drug and drug-related offenders who otherwise likely would have been sentenced to prison. The purpose of this chapter is to incorporate, build upon, and expand the successes and scope of the drug court concept by establishing a statewide middle court process that is not limited to drug offenses and shall promote the rehabilitation and re-entry of nonviolent offenders into society and reserve the state's prisons for those dangerous offenders and others for whom prison is the best alternative in the criminal justice system. The chapter intends to set standards and procedures to facilitate the creation and continuation of these programs across South Carolina, while leaving local jurisdictions the flexibility to tailor individual programs to local needs.

Section 14-29-30. Each judicial circuit shall have a middle court process, subject to the availability of funds. A circuit solicitor who receives state funding for the implementation of a middle court program shall establish and administer at least one middle court program for his circuit within one hundred eighty days of the effective date of this act. A solicitor establishing a middle court program shall administer the program and ensure that all eligible persons are permitted to apply for admission to the program.

Section 14-29-40. (A) The Supreme Court shall appoint judges of the middle court upon the recommendation of the Chief Administrative Judge for that judicial circuit.

(B) A middle court judge must:

(1) be a member in good standing with the South Carolina Bar or a member, active or retired, of the Unified Judicial System;

(2) serve at the pleasure of the Supreme Court for a term of two years and may be reappointed;

(3) receive no salary for his service as a middle court judge and must serve as a middle court judge on a voluntary basis;

(4) receive an allowance for mileage, subsistence, and per diem when engaged in the exercise of his duties as a middle court judge, to be paid from an approved account established for this purpose by his appointing authority;

Printed Page 5307 . . . . . Thursday, June 5, 2008

(5) be exempt during his term from Rule 608, South Carolina Appellate Court Rules, relating to the appointment of lawyers for indigents;

(6) enjoy in a middle court proceeding or action the same privileges, immunities, and protections from civil liability as a circuit court judge;

(7) receive training provided for this service; and

(8) reside in the judicial circuit where he serves.

(C) A middle court judge shall preside subject to the Code of Judicial Conduct and with the goal of instilling discipline in participants to a middle court proceeding, promoting the participant's rehabilitation, and encouraging the participant's successful completion of the middle court process. A middle court judge has the authority of a circuit court judge acting in probation matters, including, among other things, the authority to:

(1) maintain order and decorum in all proceedings, including use of the contempt power;

(2) issue an order of acceptance of a participant in the process and an order of dismissal from the process;

(3) impose by written order a sanction dismissing a participant from the middle court process or incarcerating him for no more than seven days for failing to meet a condition, requirement, or goal ordered by the middle court;

(4) issue to a participant a certificate indicating his successful completion of the middle court process;

(5) order conditions or requirements of a rehabilitation plan for a participant, developed after consultation with the circuit solicitor, a drug counselor, and other professionals and people the middle court judge considers beneficial, with the conditions and requirements to include school, education, vocational training, work, drug testing, counseling, reporting, treatment, curfew, monitoring, restitution, community service, batterer's treatment, anger management, personal hygiene, meetings, and other measures the judge considers appropriate and orders; and

(6) take action he considers necessary to carry out the middle court's functions provided in this chapter.

Section 14-29-50. (A) A person seeking admission to the middle court process:

(1) must execute a middle court agreement specified in this chapter;

Printed Page 5308 . . . . . Thursday, June 5, 2008

(2) must receive approval of a middle court judge of competent jurisdiction;

(3) previously may not have been admitted to a middle court procedure;

(4) may have no prior conviction for a violent crime as defined in Section 16-1-60;

(5) must have an active sentence exceeding ninety days in general sessions court for a nonviolent crime, except a middle court judge may allow a person convicted of burglary in the second degree, attempted burglary in the second degree, or accessory before the fact of burglary in the second degree to enter the process if the circumstances of the offense did not involve an act of actual violence to another person.

(B) A middle court agreement required in subsection (A) of this section may serve as the offender's application for admission to a middle court process and jurisdiction, and shall include:

(1) an acknowledgement by the offender that his application is voluntary and freely entered into;

(2) an agreement that, if accepted, he will comply with all conditions, rules and requirements that are to be imposed upon him in the middle court process, including a rehabilitation plan;

(3) an acknowledgement that, if accepted, he may be dismissed from the process at the discretion of the middle court judge and consequently transferred to the circuit court for commencement of his entire original sentence, without reduction;

(4) an acknowledgement and agreement that he has no right to appeal or enjoin a decision of the middle court judge;

(5) an acknowledgement and agreement that the post-conviction relief procedures do not apply to the middle court process, and a relinquishment of any rights to post-conviction relief;

(6) an agreement to cooperate fully with a person involved in his rehabilitation plan and to comply with the requirements and conditions of the plan, including the submission to analysis, testing, treatment, counseling, evaluation, and providing of complete personal, health, and family information, and executing releases to accomplish the provision of this information;

(7) an acknowledgement and agreement that information and test results produced by the middle court process shall become and remain the property of law enforcement and may be used against him. However, the information and test results may not be used as the sole

Printed Page 5309 . . . . . Thursday, June 5, 2008

or independent basis of a criminal prosecution of the offender for actions preceding his acceptance into the middle court process;

(8) an agreement to bear, subject to his ability to pay, the costs of analysis, testing, treatment, counseling, or evaluation in a rehabilitation plan prescribed in the process, and an agreement that funds paid by the participant or on his behalf during the course of the middle court process may not be refundable in any event, including his dismissal from the process;

(9) a general explanation of the purpose and concept of the middle court process;

(10) a statement of the offender's knowing, willing, and full consent and submission to the authority of the middle court and its process;

(11) the signature of the offender and, if any, his counsel; and

(12) other statements, acknowledgements, or agreements the circuit solicitor may consider appropriate.

(C) In determining whether to accept an offender for admission to the middle court process, the middle court judge shall consider, among other things:

(1) the middle court agreement presented by the offender;

(2) the nature of the offense for which the offender was convicted in circuit court;

(3) the offender's prior criminal history;

(4) the offender's prior substance abuse history;

(5) the likelihood that the offender successfully will complete the process;

(6) the risk and danger posed to the community by the offender's remaining at-large;

(7) the benefits likely resulting to the community and this State from the offender's acceptance into the process, including cost savings, public service or private employment, enhancement of the offender's ability to pay restitution, support or comfort of his family, and the decreased likelihood of future criminal activity;

(8) the benefits likely resulting to the offender upon his being accepted into the process, including drug rehabilitation, education, training, family support, discipline, employment, physical and mental health, and the opportunity for a productive life;

(9) a positive recommendation or statement from the victim, the victim's family, law enforcement, or the community, the recommendation after screening by a qualified person selected by the solicitor or provided by a state, county, or municipal agency to

Printed Page 5310 . . . . . Thursday, June 5, 2008

determine the mental health or drug dependence of the applicant and his likelihood of successful completion of a rehabilitation plan prescribed in this process; (10) any recommendation or statement requested by the middle court judge from a solicitor, probation or parole official, or prison official; and

(11) other circumstances or matters the middle court judge may consider appropriate.

(D) The middle court's acceptance of the offender as a participant must be presented to the circuit court. The circuit court, in its discretion, may order the transfer of the offender to the custody and jurisdiction of the middle court for commencement of the middle court process. The circuit court shall provide in its order that the participant must be returned to the circuit court for final disposition, as provided in this chapter, upon his successful completion of the process or his dismissal from the process.

Section 14-29-60. (A) When establishing a middle court process, a circuit solicitor:

(1) may address the particular requirements and circumstances of his circuit, provided the Supreme Court approves the procedure and the procedure is subject to and consistent with the uniform procedures provided in this chapter, including:

(a) a middle court process must be at least twelve months in duration but no more than eighteen months in duration for a participant, although the process may be extended for a maximum of six additional months by the middle court;

(b) a middle court session must be held in a courtroom or other place the middle court judge considers appropriate and where proper decorum, safety, and efficiency must be maintained;

(c) a middle court session must be held at a time and place that will promote the maximum convenience and attendance of associated parties, especially a participating offender and his family, and absent a compelling reason should be held on a weekday and commencing no earlier than 5:30 p.m.;

(d) a middle court session for an individual participant must be held no less than every fourteen days until the participant has successfully completed twelve months of the process, at which time the court may allow the participant to attend a session no less than once every thirty days; and

(e) a middle court process may require the presence of a person necessary for the efficient operation of a middle court session;

Printed Page 5311 . . . . . Thursday, June 5, 2008

(2) shall designate in his office a person to serve as his administrator of the process in his circuit, and this designee 's duties shall include the scheduling of the hearings, notification of the persons involved, maintenance and safeguarding of all records and orders associated with the process, filing of all orders and other appropriate documents with the appropriate clerk of court, and the production of a report required by this chapter; and

(3) through his designated administrator, shall select a counselor or other professional to analyze, test, treat, and evaluate an applicant or participant contemplated in this chapter, and at least annually shall report to the Attorney General information regarding funds the solicitor expended for these purposes.

(B) The Attorney General shall designate in his office a person to serve as his coordinator of the process in the circuits and counties, and this designee's duties must include assisting the Supreme Court, circuit solicitors, and middle court in establishing a uniform system of procedures, statistics, and processes as set forth in this chapter, collecting reports he prescribes from the circuit administrator in order to measure the progress and operations of the middle courts, and annually issuing a comprehensive report of his findings and recommendations no later than July thirtieth.

(C) The Supreme Court may propose and adopt rules for the middle court process in the same manner as it proposes and promulgates rules for other courts in the Unified Judicial System.

Section 14-29-70. (A) The transfer of an offender from the custody and jurisdiction of the circuit court to custody and jurisdiction of the middle court must be made by issue of a written order from the circuit court in response to the approval of the application by the middle court. This order must provide for the suspension of the offender's sentence pending the conclusion of the middle court process. The middle court then shall control and be responsible for the custody of the offender upon entry of the circuit court's order.

(B) A middle court judge must transfer to the circuit court custody of a person who successfully completes the middle court process and the circuit court must immediately release the successful participant from his sentence. Where a person fails to successfully complete a middle court process and is consequently dismissed from the process, the middle court must transfer custody of the person to the circuit court for commencement of the sentence interrupted by the middle court process. A court may not reduce a sentence for time spent participating in a middle court process.

Printed Page 5312 . . . . . Thursday, June 5, 2008

(D) The Constitutional notice requirements of the Victims' Bill of Rights apply to a transfer authorized under this section.

Section 14-29-80. (A) Subject to available funding, a sentencing study committee is created to review, for a period not more two years from the effective date of this section, criminal sentences provided by the law of this State. Upon conclusion of this review, the committee shall report to the appointing authorities its findings and recommendations for improving the criminal sentences in this State.

(B) The committee shall consist of ten members comprised of two appointees each by the Supreme Court, the Attorney General, the solicitors, the Senate, and the House of Representatives. An appointee serves without compensation and at the pleasure of his appointing authority. However, private funds may be used for a purpose other than compensation, and an appointee may receive mileage, subsistence, and per diem as provided by law, provided the sources and funds and expenditures shall be accounted for and reported to the appointing authorities.

Section 14-29-90. Nothing contained in this chapter may effect the operation or establishment of juvenile drug courts in South Carolina.

Section 14-29-100. The General Assembly shall appropriate funds annually to an account to be maintained by the Supreme Court for the payment of mileage, subsistence, and per diem for middle court judges as provided by this chapter.

Section 14-29-110. The General Assembly annually shall appropriate funds to the solicitor of each judicial circuit for the employment and support of a middle court administrator for each circuit and other costs associated with the process as provided by this chapter."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Printed Page 5313 . . . . . Thursday, June 5, 2008

SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 5. Section 1 of this act takes effect upon certification by the South Carolina Supreme Court that the provisions of Section 2 of the act have been enacted in each judicial circuit of the State. Section 2 of this act takes effect upon the signature of the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Reps. HART and SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\DT\27221BB08):
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HART explained the amendment.

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5277 (Word version) -- Reps. Mitchell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield,

Printed Page 5314 . . . . . Thursday, June 5, 2008

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, 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 CONGRATULATE THE REVEREND DR. BENJAMIN D. SNODDY OF SPARTANBURG COUNTY ON THE OCCASION OF HIS RECENT ELECTION TO THE PRESIDENCY OF THE BAPTIST EDUCATIONAL & MISSIONARY CONVENTION OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1456 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE OUTSTANDING COMMUNITY SERVICE OF MR. STACEY GRIFFIN OF DILLON COUNTY AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN THE YEARS TO COME.

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

Printed Page 5315 . . . . . Thursday, June 5, 2008

H. 4745--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E. H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G. M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT.

Rep. COOPER 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.

H. 3798--CONFERENCE REPORT ADOPTED

H. 3798--Conference Report
The General Assembly, Columbia, S.C., June 5, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3798 (Word version) -- Representative G.R. Smith - A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM

Printed Page 5316 . . . . . Thursday, June 5, 2008

MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

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

"Section 20-1-20. Only ministers of the Gospel or, ~~accepted~~ Jewish rabbis ~~and~~, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State." /

Amend title to conform.

Sen. James H. Ritchie, Jr.        /s/Rep. Garry R. Smith
/s/Sen. Luke A. Rankin            /s/Rep. Ben A. Hagood, Jr.
/s/Sen. Joel Lourie               /s/Rep. Walton J. McLeod
On Part of the Senate.            On Part of the House.

Rep. G. R. SMITH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 5274--SENATE AMENDMENTS CONCURRED IN

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

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THE STUDY COMMITTEE'S MEMBERSHIP AND RESPONSIBILITIES.

The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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. 4554:

Very respectfully,
President
Received as information.

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RATIFICATION OF ACTS

At 4:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R338, S. 88 (Word version)) -- Senators Campsen, Sheheen and Knotts: AN ACT TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND BY ADDING SECTION 56-5-2600 SO AS TO PROHIBIT A LOCAL GOVERNING BODY FROM INCREASING A FINE OF A PARKING VIOLATION BEFORE THIRTY DAYS.

(R339, S. 144 (Word version)) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE; TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE COMMISSION NO LATER THAN JUNE 1, 2009.

(R340, S. 218 (Word version)) -- Senator Courson: AN ACT TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH

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CAROLINA, 1976, RELATING TO THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT, SO AS TO RENAME THE COMPACT THE "EMERGENCY MANAGEMENT ASSISTANCE COMPACT" AND TO CONFORM CROSS REFERENCES; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION WITHIN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM THAT PROVIDES FOR MITIGATION, PREPAREDNESS, RESPONSE TO, AND RECOVERY FROM ALL MAN-MADE AND NATURAL HAZARDS AND TO PROVIDE THAT WHEN AN EMERGENCY HAS BEEN DECLARED, THE GOVERNOR, AMONG OTHER RESPONSIBILITIES, SHALL AUTHORIZE A PARTY TO EXCEED THE TERMS OF CURFEW UNDER CERTAIN CIRCUMSTANCES AND MAY AUTHORIZE SOLID WASTE DISPOSAL FACILITIES TO EXTEND OPERATING HOURS; BY ADDING SECTION 23-3-70 SO AS TO REQUIRE EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCIES TO ADOPT PLAIN LANGUAGE COMMUNICATIONS; AND TO AMEND SECTION 38-77-123, RELATING TO PROHIBITED GROUNDS FOR REFUSING TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO ALSO PROHIBIT SUCH REFUSAL TO RENEW DUE TO USE OF A PERSONAL AUTOMOBILE FOR VOLUNTEER EMERGENCY SERVICES; AND TO RENAME ARTICLE 4, CHAPTER 1, TITLE 25 AS THE "SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION".

(R341, S. 274 (Word version)) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: AN ACT TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO DEVELOP AND OPERATE DAY REPORTING CENTERS FOR CERTAIN INMATES AND OFFENDERS, TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN INMATE'S PLACEMENT AND PARTICIPATION IN A DAY REPORTING PROGRAM IS AT THE JOINT DISCRETION OF THE DEPARTMENT OF

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CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, TO PROVIDE THE PROCEDURE FOR THE REMOVAL OF A PARTICIPANT FROM THE PROGRAM, AND TO PROVIDE THE CONDITIONS UPON WHICH THE PILOT PROJECT DAY REPORTING CENTER PROGRAM TERMINATES; AND TO AMEND SECTION 22-5-110, RELATING TO A MAGISTRATE'S RESPONSIBILITIES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH CERTAIN MISDEMEANOR OFFENSES MUST BE GIVEN A COURTESY SUMMONS.

(R342, S. 472 (Word version)) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: AN ACT TO AMEND SECTION 56-5-2941, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLATION OF INTERLOCK DEVICES ON VEHICLES OPERATED BY A PERSON WHO HAS BEEN CONVICTED OF COMMITTING CERTAIN OFFENSES THAT MAKE IT ILLEGAL TO OPERATE A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO INCREASE THE NUMBER OF OFFENSES THAT THIS PROVISION COVERS, TO MAKE TECHNICAL CHANGES, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES SHALL ENFORCE THE PROVISIONS CONTAINED IN THIS SECTION INSTEAD OF THE COURT, TO PROVIDE PENALTIES FOR A PERSON WHO IS A RESIDENT OF THIS STATE THAT IS SUBJECT TO AN IGNITION INTERLOCK DEVICE REQUIREMENT IN ANOTHER STATE AND PENALTIES FOR A PERSON FROM ANOTHER STATE WHO BECOMES A RESIDENT OF THIS STATE WHILE SUBJECT TO AN IGNITION INTERLOCK DEVICE REQUIREMENT IN ANOTHER STATE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES INSTEAD OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE NOTIFIED OF AN INDIVIDUAL'S COMPLETION AND COMPLIANCE WITH CERTAIN EDUCATION AND TREATMENT PROGRAMS, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF ANY SUSPENSIONS OR REINSTATEMENTS DUE TO AN INDIVIDUAL'S COMPLIANCE

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WITH CERTAIN SUBSTANCE ABUSE PROGRAMS, TO REVISE THE PROCEDURE WHEREBY AN INDIGENT OFFENDER MAY HAVE THE COST OF THE INSTALLATION AND USE OF AN IGNITION INTERLOCK DEVICE PAID FOR BY THE INTERLOCK DEVICE FUND, TO PROVIDE A DEFINITION FOR THE TERM "INDIGENT", TO PROVIDE FOR THE PREPARATION OF PERIODIC INTERLOCK DEVICE INSPECTION REPORTS, TO REVISE THE REPORTS' CONTENT, TO PROVIDE THAT AN ADMINISTRATIVE HEARING OFFICER'S DECISION ON AN APPEAL OF INTERLOCK POINTS RECEIVED IS FINAL AND MAY NOT BE APPEALED, TO DELETE THE PROVISION THAT REQUIRES THAT A COURT ORDER THAT IMPOSES THE REQUIREMENTS OF THIS SECTION BE TRANSMITTED TO THE DEPARTMENT OF MOTOR VEHICLES, TO IMPOSE ADDITIONAL REQUIREMENTS UPON A PERSON WHO SEEKS TO HAVE AN IGNITION INTERLOCK DEVICE REMOVED FROM HIS VEHICLE AND HAVE THIS RESTRICTION ON HIS DRIVER'S LICENSE REMOVED, TO PROVIDE THAT THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE MAY BE INSTALLED ON A VEHICLE DRIVEN BY CERTAIN OFFENDERS WHO ARE SELF-EMPLOYED OR EMPLOYED BY CERTAIN BUSINESSES OWNED IN WHOLE OR IN PART BY THE OFFENDER OR A MEMBER OF THE OFFENDER'S HOUSEHOLD OR IMMEDIATE FAMILY; TO AMEND SECTION 56-1-400, AS AMENDED, RELATING TO THE SURRENDER OF, RENEWAL OF, AND RETURN OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES AND THE PLACEMENT OF AN IGNITION INTERLOCK DEVICE RESTRICTION ON A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE CIRCUMSTANCES UPON WHICH CERTAIN PERSONS WHO ARE SUBJECT TO HAVING IGNITION INTERLOCK DEVICES INSTALLED ON THEIR VEHICLES MAY OBTAIN A DRIVER'S LICENSE WITHOUT HAVING TO SHOW THAT THE DEVICE HAS BEEN INSTALLED; AND TO AMEND SECTION 56-5-4440, RELATING TO THE OPERATION OF A VEHICLE EQUIPPED WITH A TELEVISION VIEWER, SCREEN, OR ANOTHER MEANS OF VISUALLY RECEIVING A TELEVISION BROADCAST, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH AN IMAGE

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DISPLAY DEVICE INTENDED TO BE VISIBLE TO A DRIVER WHILE A VEHICLE IS IN MOTION MAY BE INSTALLED IN A VEHICLE.

(R343, S. 691 (Word version)) -- Senator Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE BAG LIMITS FOR GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO WILD TURKEY SEASON, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES MAY DECLARE CERTAIN OTHER OPEN OR CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO CHANGE THE DEFINITION OF ARCHERY EQUIPMENT; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO USE OF ARTIFICIAL LIGHTS, SO AS TO PROVIDE CERTAIN EXEMPTIONS; TO AMEND SECTION 50-13-385, AS AMENDED, RELATING TO MINIMUM SIZE FOR LARGEMOUTH BASS IN CERTAIN LAKES, INCLUDING LAKE WYLIE, SO AS TO REMOVE LANGUAGE SPECIFYING THAT THE SECTION ONLY APPLIES TO PORTIONS OF LAKE WYLIE LOCATED IN YORK COUNTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR PUBLIC BOAT LANDINGS, SO AS TO DELETE REQUIREMENTS ON SIGNAGE REQUIREMENTS IMPOSED ON THE DEPARTMENT; BY ADDING SECTION 50-11-515 SO AS TO PROVIDE CERTAIN AMERICAN INDIAN ARTISTS MAY USE WILD TURKEY FEATHERS IN CERTAIN ARTS AND CRAFTS; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE THE DEPARTMENT MAY PROMULGATE REGULATIONS ON WMA LANDS TO ESTABLISH METHODS FOR HUNTING AND TAKING DEER, AND TO DEFINE PRIMITIVE WEAPONS; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO PROVIDE LIMITS ON GAME ZONES 1, 2, 3, 4, 5, AND 6; AND TO REPEAL SECTIONS 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2, 50-11-30 RELATING TO EXTENSION OF HUNTING SEASON WHEN

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SEASON OPENS OR CLOSES ON SUNDAY, 50-11-170 RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, 50-11-550 RELATING TO UNLAWFULNESS OF DISCHARGING A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS OF THE CATAWBA RIVER AND INDIA HOOK DAM, 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2, 50-13-90 RELATING TO CLOSED SEASON ON TROUT, 50-13-980 RELATING TO THE PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS, 50-13-1010 RELATING TO APPLICATION OF ARTICLE TO CERTAIN BOTTOM FISHING, 50-13-1020 RELATING TO CERTAIN PENALTIES FOR VIOLATIONS, 50-19-2220 RELATING TO FISHING REGULATIONS FOR CERTAIN WATERS OF THE SAVANNAH RIVER, 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS, AND 50-19-3010 RELATING TO LAWFUL METHODS OF CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.

(R344, S. 799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND

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FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.

(R345, S. 951 (Word version)) -- Senator Hayes: AN ACT 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 AND TO IMPOSE ADDITIONAL PENALTIES FOR TAX VIOLATIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REVISE THE DEFINITION FOR AN ESTABLISHMENT SERVING MEALS; AND TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO FOOD SERVICE ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF LIQUOR BY THE DRINK, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS RELATING TO FOOD SERVICE.

(R346, S. 968 (Word version)) -- Senators McGill, O'Dell, Williams and Knotts: AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN

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EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.

(R347, S. 970 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND 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; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

(R348, S. 980 (Word version)) -- Senator Lourie: AN ACT TO AMEND SECTION 20-7-121, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, PURPOSE, AND ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT A COUNTY PROVIDING GUARDIAN AD LITEM SERVICES ON THIS ACT'S EFFECTIVE DATE MAY CONTINUE TO PROVIDE

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THESE SERVICES IF THE COUNTY'S PROGRAM IS A MEMBER OF THE NATIONAL COURT APPOINTED SPECIAL ADVOCATE ASSOCIATION AND TO PROVIDE THAT SUCH PROGRAMS MUST COMPLY WITH ALL STATE AND FEDERAL LAWS; TO AMEND SECTIONS 20-7-126 AND 20-7-127, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO CONFIDENTIALITY OF RECORDS AND IMMUNITY FROM LIABILITY, SO AS TO FURTHER SPECIFY THAT THESE PROVISIONS APPLY TO COUNTY GUARDIAN AD LITEM PROGRAMS; AND TO AMEND SECTION 20-7-129, AS AMENDED, RELATING TO FUNDING PROVIDED BY THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT SUCH FUNDING MUST NOT BE PROVIDED BY THE GENERAL ASSEMBLY FOR A COUNTY GUARDIAN AD LITEM PROGRAM.

(R349, S. 1007 (Word version)) -- Senator Hayes: AN ACT TO AMEND CHAPTER 6 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT, SO AS TO REVISE ITS NAME TO THE "SOUTH CAROLINA UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT" AND TO PROVIDE UPDATED ARTICULATIONS OF THE PRUDENCE STANDARDS FOR THE MANAGEMENT AND INVESTMENT OF CHARITABLE FUNDS AND FOR ENDOWMENT SPENDING, APPLY PRINCIPLES OF MANAGEMENT AND INVESTMENT OF INSTITUTIONAL FUNDS TO CHARITIES ORGANIZED AS A TRUST, A NONPROFIT CORPORATION, OR OTHER ENTITY, IMPOSE ADDITIONAL DUTIES ON THOSE WHO MANAGE AND INVEST CHARITABLE FUNDS, AND UPDATE RULES GOVERNING EXPENDITURES FROM ENDOWMENT FUNDS AND PROVISIONS GOVERNING THE RELEASE AND MODIFICATION OF RESTRICTIONS ON CHARITABLE FUNDS.

(R350, S. 1050 (Word version)) -- Senators Verdin and Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 101, 102, 103, 104, 105, 106, AND 107 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE, RESPECTIVELY, THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE

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OPERATION DESERT STORM-DESERT SHIELD VETERAN SPECIAL LICENSE PLATES, OPERATION ENDURING FREEDOM VETERAN SPECIAL LICENSE PLATES, OPERATION IRAQI FREEDOM VETERAN SPECIAL LICENSE PLATES, VETERAN LICENSE PLATES, "I BELIEVE" SPECIAL LICENSE PLATES, SILVER STAR SPECIAL LICENSE PLATES, AND BRONZE STAR SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO GENERAL PROVISIONS FOR THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE SPECIAL LICENSE PLATES, SO AS TO MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF PURPLE HEART SPECIAL LICENSE PLATES, BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THERE IS NO FEE FOR THE LICENSE PLATE.

(R351, S. 1059 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO FURTHER PROVIDE FOR CONTRACTUAL PROVISIONS PERTAINING TO RENEWAL OPTIONS AND AUTOMATIC RENEWAL OPTIONS INCLUDING DURATION, ENFORCEABILITY, NOTICE TO CUSTOMERS, PRICING, OPT-IN RIGHTS, AND CANCELLATION.

(R352, S. 1106 (Word version)) -- Senators McConnell and Campsen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

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(R353, S. 1115 (Word version)) -- Senators Leventis, Land, Ford, Anderson, Hutto, Malloy, Matthews, Williams, Peeler, Short, Sheheen, Drummond, Jackson, Ceips and Lourie: AN ACT 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; AND BY ADDING SECTION 40-1-75 SO AS TO PROVIDE THAT A PERSON WHOSE PROFESSION OR OCCUPATION IS REGULATED BY TITLE 40 IS EXEMPT FROM COMPLETING CONTINUING EDUCATION REQUIREMENTS FOR HIS PROFESSION OR OCCUPATION WHILE SERVING ON ACTIVE MILITARY DUTY.

(R354, S. 1122 (Word version)) -- Senator Hutto: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AN AMERICAN INDIAN ARTIST WHO MEETS CERTAIN CONDITIONS TO ADVERTISE AND SELL HIS ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS IF HE PRODUCES FROM HIS PERSON HIS AUTHORIZATION PURSUANT TO THE INDIAN ARTS AND CRAFTS BOARD ACT AND TO PROHIBIT THE SALE OF ALL OTHER PARTS OF WILD TURKEYS.

(R355, S. 1141 (Word version)) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10, SO AS TO ESTABLISH AN INCENTIVE PROGRAM PROVIDING A NONREFUNDABLE INCOME TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO A TAX

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CREDIT FOR PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO INCLUDE THE PURCHASE AND INSTALLATION OF A SMALL HYDROPOWER SYSTEM AND TO DEFINE SUCH A SYSTEM; AND TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT.

(R356, S. 1143 (Word version)) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL

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REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM.

(R357, S. 1150 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL PERMITS FOR THE STOCKING OF STERILE WHITE AMUR OR GRASS CARP HYBRIDS IN THE WATERS OF THIS STATE, TO PROVIDE THAT THE SPECIAL PERMITS MUST CERTIFY THAT THE PERMITEE'S WHITE AMUR OR GRASS CARP HYBRIDS HAVE BEEN TESTED AND DETERMINED TO BE STERILE, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE WHITE AMUR OR GRASS CARP HYBRIDS PROVIDED BASED ON SIZE, AND TO PROVIDE THAT SUBJECT TO CERTAIN CONDITIONS THE DEPARTMENT MAY ISSUE SPECIAL PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NONSTERILE WHITE AMUR OR GRASS CARP HYBRIDS.

(R358, S. 1158 (Word version)) -- Senators Hayes, Sheheen, Gregory, Short and Peeler: AN ACT TO AMEND SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE CATAWBA RIVER AS A SCENIC RIVER.

(R359, S. 1171 (Word version)) -- Senators Peeler and Setzler: AN ACT TO AMEND SECTION 12-37-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT A MANUFACTURER TAXPAYER NOT OPERATING UNDER A FEE IN LIEU OF PROPERTY TAX AGREEMENT IS NOT REQUIRED TO RETURN PERSONAL PROPERTY IN A FACILITY NOT IN USE UNTIL THE EARLIER OF THE PERSONAL PROPERTY BECOMING OPERATIONAL OR FOUR YEARS AND TO REQUIRE THIS PROPERTY TO BE

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LISTED WHILE NOT TAXED; TO AMEND SECTION 12-6-3310, AS AMENDED, RELATING TO THE APPLICATION OF TAX CREDITS, SO AS TO PROVIDE FOR THE APPLICATION OF TAX CREDITS WHEN EARNED BY CERTAIN LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE HEADQUARTERS INCOME TAX CREDIT, SO AS TO REVISE REQUIREMENTS WITH RESPECT TO THIS CREDIT; TO AMEND SECTION 12-6-3520, AS AMENDED, RELATING TO THE INCOME CREDIT FOR HABITAT MANAGEMENT, SO AS TO PROVIDE FOR THE APPLICATION OF THIS CREDIT FOR PASS THROUGH ENTITIES; TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO ADD A DEFINITION FOR A "SIGNIFICANT BUSINESS"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO REVISE ELIGIBILITY FOR WAIVER LIMITS OF A SIGNIFICANT BUSINESS AND REVISE OTHER ELIGIBILITY REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE FOR THAT INVESTMENT ATTRIBUTED TO A SPONSOR AND INCLUDE AN AIRCRAFT WITHIN THE DEFINITION OF A "PROJECT"; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO PROVIDE FOR THAT INVESTMENT ATTRIBUTED TO A SPONSOR, INCLUDE AN AIRCRAFT WITH THE DEFINITION OF A "PROJECT", AND PROVIDE EVIDENCE OF A COUNTY'S APPROVAL OR RATIFICATION OF A TRANSFER OF INTEREST; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO THE CORPORATE LICENSE TAX INFRASTRUCTURE CREDIT, SO AS TO REVISE REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 4-12-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF PROPERTY TAX, SO AS TO INCLUDE AN AIRCRAFT WITHIN THE DEFINITION OF A "PROJECT"; TO AMEND SECTION 12-44-120, AS AMENDED, RELATING TO TRANSFERS OF INTERESTS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE EVIDENCE OF A COUNTY'S APPROVAL OR

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RATIFICATION OF A TRANSFER; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES, SO AS TO PROVIDE EVIDENCE OF A COUNTY'S APPROVAL OR RATIFICATION OF A TRANSFER OF INTEREST; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REVISE AN EXCLUSION FOR WAREHOUSING AND DISTRIBUTION FACILITIES FROM THE MANUFACTURING PROPERTY CLASSIFICATION; TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RECONSTITUTE THIS CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE FOR ELIGIBILITY, AND THE METHOD OF CLAIMING THE CREDIT; TO AMEND TITLE 12 BY ADDING CHAPTER 65 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILE COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT"; TO AMEND SECTION 12-10-88, AS AMENDED, RELATING TO REDEVELOPMENT FEES, SO AS TO EXTEND THE TIME FOR REMITTING REDEVELOPMENT FEES TO A REDEVELOPMENT AUTHORITY; TO PROVIDE AN ADMISSIONS LICENSE TAX EXEMPTION FOR TEN YEARS BEGINNING JULY 1, 2008, FOR ONE HALF OF THE PAID ADMISSIONS TO A MOTORSPORTS ENTERTAINMENT COMPLEX; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION; TO AMEND SECTION 12-43-350, RELATING TO REQUIREMENTS FOR THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE

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THESE REQUIREMENTS TO REFLECT THE EXEMPTION FROM MILLAGE IMPOSED FOR SCHOOL OPERATIONS FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND THE AMOUNT REIMBURSED THE SCHOOL DISTRICT FROM THE HOMESTEAD EXEMPTION FUND FOR THAT EXEMPTION AND TO REFLECT ANY CREDIT AGAINST THE PROPERTY TAX LIABILITY FOR COUNTY OPERATIONS ON OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO EXCESS BALANCES IN THE HOMESTEAD EXEMPTION FUND; AND TO AMEND SECTION 12-37-714, AS AMENDED, RELATING TO THE SITUS OF BOATS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO EXTEND THE TIME LIMITS SUBJECTING A BOAT TO PROPERTY TAX.

(R360, S. 1172 (Word version)) -- Senators Knotts, Ford, Fair, Elliott, Thomas, Short, O'Dell, Reese and Anderson: AN ACT TO AMEND SECTION 17-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILLING OF VACANCIES IN THE OFFICE OF THE CORONER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE VACANCIES SHALL BE FILLED AND FOR THE PERSON WHO SHALL ACT IN THE CORONER'S PLACE IF A VACANCY OR SUSPENSION IN THE OFFICE EXISTS.

(R361, S. 1210 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC RIVERS, SO AS TO EXPAND THE PORTION OF LYNCHES RIVER THAT IS DESIGNATED AS A SCENIC RIVER.

(R362, S. 1232 (Word version)) -- Senators Cleary, Rankin and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARDS OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL

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CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, THE CRITERIA PROVIDING LIMITS ON THOSE COUNTIES IN WHICH THIS TAX MAY BE IMPOSED, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.

(R363, S. 1252 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-7-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO ADD TWO MEMBERS TO THE BOARD, PROVIDE FOR THEIR APPOINTMENT, PROVIDE THAT BOARD MEMBERS RECEIVE NO COMPENSATION AND REVISE THE BOARD'S REPORTING DUTIES; TO AMEND SECTION 2-75-30, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE ENDOWMENT FUNDING OF THIRTY MILLION DOLLARS ANNUALLY FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACT, ESTABLISH REQUIREMENTS FOR THE FUNDING OF THESE APPROPRIATIONS, PROVIDE WHAT FUNDS, INCLUDING INTEREST EARNINGS, CONSTITUTE THE TOTAL FUNDS APPROPRIATED, AND PROVIDE FOR THE REVIEW PROCESS FOR THE AWARDING OF ENDOWED CHAIR PROPOSALS; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO ENCOURAGE ELIGIBLE RESEARCH UNIVERSITIES TO PARTNER WITH OTHER SOUTH CAROLINA COLLEGES AND UNIVERSITIES TO DEVELOP PROPOSALS TO ENHANCE THIS STATE'S ECONOMIC COMPETITIVENESS AND TO ENHANCE SCIENCE AND ENGINEERING; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING

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REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES; AND TO AMEND CHAPTER 133 OF TITLE 59, RELATING TO FRANCIS MARION UNIVERSITY BY DESIGNATING EXISTING PROVISIONS FOR FRANCIS MARION UNIVERSITY AS ARTICLE 1, TITLED "GENERAL PROVISIONS" AND ADDING ARTICLE 3 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS.

(R364, S. 1297 (Word version)) -- Senator Hawkins: AN ACT TO AMEND ACT 890 OF 1976, AS AMENDED, RELATING TO THE HOLLY SPRINGS VOLUNTEER FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE "HOLLY SPRINGS FIRE-RESCUE DISTRICT".

(R365, S. 1322 (Word version)) -- Senators O'Dell and Drummond: AN ACT TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO CHANGE THE NAME OF THE HOSPITAL TO THE "ABBEVILLE AREA MEDICAL CENTER" AND TO REVISE THE MANNER OF SELECTION OF MEMBERS OF THE HOSPITAL'S BOARD OF TRUSTEES.

(R366, S. 1367 (Word version)) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL COMMISSION, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE THAT TERMS OF ALL MEMBERS EXPIRE ON OCTOBER FIRST OF THE YEAR IN WHICH THEIR TERMS EXPIRE.

(R367, H. 3006 (Word version)) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman,

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Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips, Whipper and Bowen: AN ACT TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS TRICYCLES; TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO DEFINE "BICYCLE LANE" AND PROVIDE, AMONG OTHER THINGS, THAT MOTOR VEHICLES MAY NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS MAY, BUT ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST TO MAINTAIN A SAFE DISTANCE BETWEEN THE MOTOR VEHICLE AND A BICYCLE, TO CREATE A MISDEMEANOR OFFENSE FOR HARASSING, TAUNTING, OR MALICIOUSLY THROWING AN OBJECT AT A BICYCLIST, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MUST USE, TO PROVIDE A FINE FOR FAILING TO HAVE A BRAKE ON A BICYCLE, AND TO PROVIDE CIVIL FINES FOR VIOLATION OF THIS ARTICLE, INCLUDING FINES WHEN A PERSON DRIVING A MOTOR VEHICLE CAUSES AN INJURY TO A BICYCLIST.

(R368, H. 3008 (Word version)) -- Reps. Ballentine, Haskins, Cotty and Lowe: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT

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(R369, H. 3023 (Word version)) -- Rep. Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE "INTERSTATE INSURANCE PRODUCT REGULATION COMPACT" TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.

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(R370, H. 3159 (Word version)) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE THE POSTING OF THE FOUNDATIONS OF AMERICAN LAW AND GOVERNMENT DISPLAY IN A PUBLIC LOCATION IN PUBLIC BUILDINGS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, TO DELINEATE THE CONTENT OF THE DISPLAY, TO PROVIDE A BRIEF HISTORY OF THE DOCUMENTS INCLUDED IN THE DISPLAY, AND TO CREATE AN ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS REGARDING THE DISPLAY TO THE GENERAL ASSEMBLY AND DEPARTMENT OF ARCHIVES AND HISTORY.

(R371, H. 3323 (Word version)) -- Reps. Harrison and Cotty: AN ACT TO AMEND SECTION 56-19-265, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ACCEPTANCE OF ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, AND THE COLLECTION OF A TRANSACTION FEE FOR THE TRANSMISSION OR RETRIEVAL OF DATA FROM THE DEPARTMENT PURSUANT TO THIS SECTION, SO AS TO PROVIDE THAT IF THERE ARE ONE OR MORE LIENS OR ENCUMBRANCES ON A MOTOR VEHICLE OR MOBILE HOME, THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY OR BY PAPER CERTIFICATE THE LIEN TO THE FIRST LIENHOLDER AND NOTIFY THE FIRST LIENHOLDER OF ANY ADDITIONAL LIENS, AND LIEN SATISFACTIONS, TO PROVIDE WHEN ELECTRONIC TRANSMISSION OF LIENS AND LIEN SATISFACTIONS IS USED, A CERTIFICATE OF TITLE MAY BE ISSUED WHEN THE LAST LIEN IS SATISFIED AND A CLEAR CERTIFICATE IS ISSUED, TO PROVIDE THAT WHEN A MOTOR VEHICLE OR MOBILE HOME IS SUBJECT TO AN ELECTRONIC LIEN, ITS CERTIFICATE OF TITLE IS PHYSICALLY HELD BY THE LIENHOLDER, TO PROVIDE THAT A CERTIFIED COPY OF AN ELECTRONIC RECORD OF A LIEN IS ADMISSIBLE IN COURT AS EVIDENCE OF THE EXISTENCE OF A LIEN, TO PROVIDE THAT THE LIENHOLDER HAS THE OPTION TO RECEIVE A PAPER

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CERTIFICATE OF TITLE AND TO RECEIVE NOTICES OF SUBSEQUENT LIENS AND SATISFACTION OF LIENS BY THE UNITED STATES POSTAL SERVICE, AND TO PROVIDE THAT A TRANSACTION FEE MAY BE COLLECTED BY COMMERCIAL PARTIES AND LENDERS WHO TRANSMIT OR RETRIEVE DATA PURSUANT TO THIS SECTION.

(R372, H. 3359 (Word version)) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE, OTHERWISE LAWFUL, THAT IS DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE DUTY TO PROVIDE SPOUSAL SUPPORT THAT WOULD HAVE OTHERWISE EXISTED.

(R373, H. 3478 (Word version)) -- Reps. Spires, Haley, Huggins, Bedingfield, F.N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J.R. Smith, Stavrinakis, Toole, Whipper and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-851 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL ESTABLISH A FEDERALLY REQUIRED STATE DISBURSEMENT UNIT FOR THE COLLECTION AND DISBURSEMENT OF CHILD, SPOUSAL, OR CHILD AND SPOUSAL SUPPORT; TO AMEND SECTION 20-7-1140, AS AMENDED, RELATING TO PROVIDING NOTICE TO THE NONREGISTERING PARTY UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT WHEN AN ORDER OF SUPPORT IS REGISTERED IN ANOTHER STATE, SO AS TO PROVIDE THAT NOTICE MUST BE GIVEN BY FIRST-CLASS, CERTIFIED, OR REGISTERED MAIL OR BY OTHER AUTHORIZED FORMS OF PERSONAL SERVICE; BY ADDING SECTIONS 20-7-1300 AND 20-7-1310 SO AS TO PROVIDE THAT THE CENTRALIZED STATE DISBURSEMENT UNIT FOR THE COLLECTION AND DISBURSEMENT OF SUPPORT IS TO BE IMPLEMENTED ON A COUNTY-BY-COUNTY BASIS, TO PROVIDE THAT STATUTORY CHANGES TO ACCOMPLISH THIS IMPLEMENTATION TAKE EFFECT ON A COUNTY-BY-COUNTY BASIS, AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO NOTIFY EACH

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AFFECTED SUPPORT PAYOR OF THE DATE ON WHICH THESE CHANGES TAKE EFFECT; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO PROCEDURES FOR INCOME WITHHOLDING TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO REVISE THESE PROCEDURES TO CONFORM TO THE FEDERALLY REQUIRED STATE DISBURSEMENT UNIT FOR THE COLLECTION AND DISBURSEMENT OF SUPPORT AND TO PROVIDE THAT IF A PERSON ORDERED TO PAY SUPPORT IS IN ARREARAGE IN AN AMOUNT EQUALING THREE MONTHS SUPPORT, THE PERSON'S WAGES MUST BE WITHHELD FOR THE COLLECTION OF THE PERSON'S SUPPORT OBLIGATION; TO AMEND SECTIONS 20-7-1326 AND 20-7-1328, RELATING, RESPECTIVELY, TO PROCEDURES FOR THE RECEIPT AND DISBURSEMENT OF SUPPORT PAYMENTS BY THE CLERK OF COURT PURSUANT TO INCOME WITHHOLDING PROCEDURES AND TO VOLUNTARY INCOME WITHHOLDING PROCEDURES, SO AS TO REVISE THESE PROCEDURES TO CONFORM WITH THE FEDERALLY REQUIRED STATE DISBURSEMENT UNIT FOR THE COLLECTION AND DISBURSEMENT OF SUPPORT; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, INCLUDING THE AUTHORITY TO ISSUE ORDERS FOR THE PAYMENT OF SUPPORT, SO AS TO CLARIFY PROVISIONS RELATING TO THE OBLIGATION TO PAY CHILD SUPPORT UP TO AND AFTER AGE EIGHTEEN.

(R374, H. 3674 (Word version)) -- Reps. Cato, Perry, J.H. Neal, Chellis, Harvin, F.N. Smith, Bedingfield, Simrill, Crawford, Leach, W.D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G.R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, CHAPTER 59 TO TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT"; TO REQUIRE AN INSURER, UPON REQUEST, TO PROVIDE THE FEE SCHEDULE THAT IS CONTRACTED WITH THE REQUESTING PHYSICIAN AND TO PROVIDE THAT THE FEE

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SCHEDULE MUST BE KEPT CONFIDENTIAL; TO PROVIDE THAT CLEAN CLAIMS SUBMITTED BY PAPER MUST BE PAID WITHIN FORTY BUSINESS DAYS OF RECEIPT OR OF THE DATE ALL NECESSARY INFORMATION HAS BEEN RECEIVED AND TWENTY BUSINESS DAYS FOR CLAIMS SUBMITTED ELECTRONICALLY; TO REQUIRE INSURERS TO MAINTAIN A SYSTEM FOR TRACKING RECEIPT AND DISPOSITION OF CLAIMS, TO PROVIDE ACKNOWLEDGEMENT OF CLAIMS RECEIVED AND NOTICE OF DEFECT OR ERRORS IN CLAIMS, AND TO ESTABLISH TIMEFRAMES FOR PROVIDING SUCH INFORMATION; TO PROVIDE THAT CLAIMS THAT ARE NOT TIMELY PAID IN ACCORDANCE WITH THIS ARTICLE ACCRUE INTEREST AT THE LEGAL RATE OF INTEREST, AS PROVIDED FOR IN LAW; TO SPECIFY CIRCUMSTANCES UNDER WHICH INTEREST PAYMENTS ARE NOT REQUIRED; TO ESTABLISH PROCEDURES AND TIMEFRAMES FOR CONDUCTING OVERPAYMENT RECOVERY EFFORTS; TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO CLAIMS PROCESSED UNDER ANY NATIONAL ACCOUNT DELIVERY PROGRAM; AND TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE AND TO FURTHER SPECIFY SANCTIONS THE DEPARTMENT MAY IMPOSE FOR VIOLATIONS; AND TO AMEND SECTION 38-71-230, RELATING TO WRITTEN NOTICE OF HEALTH INSURANCE CLAIMS POLICIES AND PROCEDURES AND THE ADOPTION OF STANDARDIZED CLAIM FORMS, SO AS TO MAKE TECHNICAL CORRECTIONS.

(R375, H. 3852 (Word version)) -- Reps. Harrison and McLeod: AN ACT TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO,

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AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES IF THE VOLUNTEER DOES NOT RECEIVE PAYMENT FROM THE STATE FOR THE APPOINTED SERVICES AND DUTIES, AND TO PROVIDE IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.

(R376, H. 3880 (Word version)) -- Reps. W.D. Smith, Hagood, Mitchell and McLeod: AN ACT TO AMEND ARTICLE 7, CHAPTER 56 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS, AMONG OTHER THINGS, TO REVISE THE LIABILITY PROTECTION PROVIDED AS AN INCENTIVE TO PARTIES TO CONDUCT RESPONSE ACTIONS WHEN THEY ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO PROVIDE THAT CONTAMINATION OF PROPERTY INCLUDES IMPACT BY

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PETROLEUM OR A PETROLEUM PRODUCT; TO SPECIFY THAT PROPERTY ON WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THE VOLUNTARY CLEANUP PROGRAM; TO FURTHER PROVIDE THAT ELIGIBILITY FOR A NONRESPONSIBLE PARTY TO PARTICIPATE IN THE PROGRAM REQUIRES THE PARTY TO UNDERTAKE TO EXPAND, REDEVELOP, OR RETURN TO USE THE PROPERTY; TO FURTHER SPECIFY GROUNDS FOR TERMINATING A VOLUNTARY CLEANUP CONTRACT AND A CONTRACT COVENANT NOT TO SUE; TO FURTHER SPECIFY REQUIREMENTS THAT MUST BE MET BEFORE A NONRESPONSIBLE PARTY ENTERS INTO A VOLUNTARY CLEANUP CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT; AND TO AMEND SECTION 12-6-3550, RELATING TO VOLUNTARY CLEANUP ACTIVITY TAX CREDITS, SO AS TO DELETE A REFERENCE TO TAXES DUE UNDER CORPORATE INCOME TAX.

(R377, H. 3975 (Word version)) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2008.

(R378, H. 3993 (Word version)) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "HISTORIC BASEBALL LEAGUES DAY" IN SOUTH CAROLINA.

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(R379, H. 4067 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.

(R380, H. 4312 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE; AND TO AMEND SECTION 62-5-504, AS AMENDED, RELATING TO THE HEALTH CARE POWER OF ATTORNEY, SO AS TO PROVIDE FOR VISITATION RIGHTS OF THE HEALTH CARE AGENT AND TO MAKE NONSUBSTANTIVE FORMAT CHANGES.

(R381 H. 4334 (Word version)) -- Reps. J.M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: AN ACT TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

(R382, H. 4339 (Word version)) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, IF OTHERWISE ELIGIBLE, ALSO MAY RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO

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NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.

(R383, H. 4340 (Word version)) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: AN ACT TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION; AND TO AMEND SECTION 8-23-30, RELATING TO THE AUTHORITY OF THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE TO DEFER THE COMPENSATION OF AN EMPLOYEE PARTICIPATING IN A DEFERRED COMPENSATION PROGRAM, SO AS TO DELETE AN OBSOLETE LIMIT ON SUCH DEFERRALS.

(R384, H. 4448 (Word version)) -- Reps. Bales, Ballentine, Bingham, Brady, Cotty, Frye, Haley, Harrison, Hart, Howard, Huggins, McLeod, J.H. Neal, Ott, E.H. Pitts, Rutherford, Scott, Spires, J.E. Smith and Toole: AN ACT TO AMEND SECTION 55-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF OFFICERS OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO PROVIDE THAT THE CHAIRMANSHIP MUST BE ROTATED AMONG THE THREE PUBLIC MEMBER ENTITIES REPRESENTED ON THE COMMISSION AND THAT THE FREQUENCY OF A MEMBER OF EACH ENTITY SERVING AS CHAIRMAN MUST BE BASED UPON THE PERCENTAGE THAT EACH PUBLIC BODY'S MEMBERSHIP ON THE COMMISSION IS TO THE TOTAL MEMBERSHIP OF THE COMMISSION.

(R385, H. 4470 (Word version)) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-390 SO AS TO PROVIDE THAT A PUBLIC OR PRIVATE UTILITY MAY NOT IMPOSE A TAP FEE, RECURRING MAINTENANCE FEE, OR OTHER FEE, HOWEVER

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DESCRIBED FOR THE INSTALLATION AND MAINTENANCE OF A FIRE SPRINKLER SYSTEM THAT EXCEEDS THE ACTUAL COSTS ASSOCIATED WITH THE WATER LINE TO THE SYSTEM AND TO DEFINE ACTUAL COSTS; BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A PROPERTY TAX CREDIT, AT THE OPTION OF THE PROPERTY-TAXING ENTITY FOR TWENTY-FIVE PERCENT OF THE COSTS OF INSTALLING A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN SUCH INSTALLATION IS NOT REQUIRED BY LAW, TO ALLOW AN INCOME TAX CREDIT IN THE AMOUNT OF THE PROPERTY TAX CREDIT, TO PROVIDE THE MANNER IN WHICH THESE CREDITS ARE USED WHEN EARNED BY PASS-THROUGH ENTITIES, AND TO MAKE UNUSED CREDITS TRANSFERABLE BY THE STRUCTURE'S OWNER TO A TENANT; TO AMEND SECTION 12-37-3130, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO PROVIDE THAT THE INSTALLATION OF A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW IS NOT AN ADDITION OR IMPROVEMENT; BY ADDING SECTION 10-1-80 SO AS TO PROHIBIT ENFORCEMENT OF THAT PORTION OF THE INTERNATIONAL FIRE CODE OR NATIONALLY RECOGNIZED FIRE CODE THAT PROHIBITS THE USE OF NATURAL CUT TREES IN CELEBRATIONS IN HOUSES OF WORSHIP; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE VALUE OF FIRE SPRINKLER SYSTEM EQUIPMENT INSTALLED IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW AND TO PROVIDE THAT THIS EXEMPTION APPLIES UNTIL THE PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST.

(R386, H. 4743 (Word version)) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT

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FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION 6-11-175 SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.

(R387, H. 4758 (Word version)) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E.H. Pitts, Sellers, Taylor, Young and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT WITHIN THIRTY SCHOOL

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DAYS OF THE RESTRAINING ORDER BEING VIOLATED, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.

(R388, H. 4764 (Word version)) -- Reps. Witherspoon and Branham: AN ACT TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO

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AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO PROVIDE FOR OTHER PROHIBITED ACTS; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS

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TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A TITLE WHEN A PERSON COMES INTO POSSESSION OF A WATERCRAFT WITHOUT PROPER PROOF OF OWNERSHIP; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF

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REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT.

(R389, H. 4766 (Word version)) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E.H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: AN ACT TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY REDUCTION AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO PROVIDE CERTAIN DEFINITIONS; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING; AND TO ESTABLISH THE WIND ENERGY PRODUCTION FARMS FEASIBILITY STUDY COMMITTEE, TO SPECIFY THE COMMITTEE'S COMPOSITION AND RESPONSIBILITIES, AND TO PROVIDE THE COMMITTEE IS ABOLISHED ON THE SUBMISSION OF ITS REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 2010, AMONG OTHER THINGS.

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(R390, H. 4773 (Word version)) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS AND INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT, ASSISTING IN THE ERECTION AND FURNISHING A BUILDING FOR USE BY THE COMMISSION IN DORCHESTER COUNTY, AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.

(R391, H. 4783 (Word version)) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: AN ACT TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT AN APPLICANT MUST BE ENROLLED AND PARTICIPATING IN THE INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH

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AUDIT DEADLINES AND REQUIREMENTS; AND TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE.

(R392, H. 4815 (Word version)) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: AN ACT TO AMEND SECTION 1-30-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; AND TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION.

(R393, H. 4816 (Word version)) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, E.H. Pitts, Spires and Toole: AN ACT TO AMEND ACT 378 OF 2004, AS AMENDED, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE METHOD BY WHICH THE PROPERTY TAX CREDIT ALLOWED PURSUANT TO THIS ACT APPLIES WITH RESPECT TO THE NONSCHOOL-RELATED PROPERTY TAX LIABILITY OF AN OWNER-OCCUPIED RESIDENCE.

(R394, H. 4847 (Word version)) -- Reps. Cotty, Brady and J.E. Smith: AN ACT TO AMEND SECTION 56-5-5810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF CERTAIN TERMS THAT RELATE TO THE DISPOSITION OF CERTAIN ABANDONED OR DERELICT VEHICLES ON PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS ALSO APPLY TO THESE TERMS AS THEY

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APPEAR IN ARTICLE 39, CHAPTER 5, TITLE 56, AND TO PROVIDE THAT THE DEFINITION OF THE TERM "OFFICER" INCLUDES CODE ENFORCEMENT OFFICERS.

(R395, H. 4982 (Word version)) -- Rep. Hayes: AN ACT TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.

(R396, H. 5001 (Word version)) -- Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO DEFINE CERTAIN TERMS, CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-1770, AS AMENDED, RELATING TO THE FORM AND CONTENT OF A TEMPORARY RESTRAINING ORDER, SO AS TO REFERENCE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER WHEN THE TRESPASSER IS SUBJECT TO A RESTRAINING ORDER OR ORDER OF PROTECTION AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTION 16-25-120, RELATING TO CONDITIONS OF RELEASE ON BOND OF PERSONS SUBJECT TO A RESTRAINING ORDER OR AN ORDER OF PROTECTION, SO AS TO REQUIRE THE COURT TO GIVE THE PERSON NOTICE OF THE OFFENSE OF TRESPASS ON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER; AND TO AMEND SECTION

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20-4-60, RELATING TO ORDERS OF PROTECTION REGARDING DOMESTIC ABUSE, SO AS TO REFERENCE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER WHEN THE TRESPASSER IS SUBJECT TO A RESTRAINING ORDER OR ORDER OF PROTECTION AND TO PROVIDE A PENALTY.

(R397, H. 5009 (Word version)) -- Reps. G.M. Smith, Weeks and Clemmons: AN ACT TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.

(R398, H. 5012 (Word version)) -- Rep. Chalk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.

(R399, H. 5090 (Word version)) -- Rep. Vick: AN ACT TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER

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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 TO PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.

THE HOUSE RESUMES

At 4:35 p.m. the House resumed, the SPEAKER in the Chair.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5278 (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 HOUSE RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO LINDA FLOYD, STATE FORESTERS ADMINISTRATIVE ASSISTANT, UPON THE OCCASION OF

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HER RETIREMENT, AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5279 (Word version) -- Reps. Whipper, 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, 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, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THEIR FORMER COLLEAGUE MRS. LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE YEARS TO COME.

Whereas, the members of the South Carolina House of Representatives are delighted to learn that Mrs. Lucille Simmons Whipper, of Charleston County, will celebrate her eightieth birthday on June 6, 2008; and

Whereas, Mrs. Whipper was born on June 6, 1928, in the early years of the twentieth century, and she has been witness to nearly all the

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incredible changes and developments that have come to this nation from that time into the twenty-first century; and

Whereas, the young Lucille earned her bachelor's degree at Talladega College in Alabama, followed by a master's degree from the University of Chicago and counseling education certification from South Carolina State College and the University of South Carolina; and

Whereas, during her career, she served from 1949 to 1972 as a social studies teacher and high school counselor. In 1972, she began working as assistant to the president and director of the Office of Human Relations at the College of Charleston, interrupting this work from 1976 to 1978 to serve as director of Project ESSA (Elementary and Secondary School Act), a Charleston County Schools project. In 1978, she returned to the College of Charleston, from which she retired in 1981; and

Whereas, Mrs. Whipper is a member of Morris Street Baptist Church and over the years has filled many church positions, among them minister of music and organist, Sunday School teacher, and president of the South Carolina Women's Baptist Educational and Missionary Convention; and

Whereas, not one to neglect her civic duty, she has served during the course of her long life as a member of the Charleston School District Twenty Board, vice chairman of the Charleston County Democratic Party Convention, and member of the South Carolina House of Representatives for District 109 for ten years. In addition, she served in a number of appointed positions, such as the South Carolina Mental Health Commission and the South Carolina Human Affairs Commission; and

Whereas, community organizations also have claimed her time and energy, for she has been a member of the YWCA Women's Forum, the board of Trident United Way, and many other worthy endeavors. For her various labors, she has been honored on numerous occasions with awards, perhaps most noteworthy among them the Order of the Palmetto, the highest honor that may be given to a civilian by the State of South Carolina, bestowed on her in 1996; and

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Whereas, widow of the late Reverend Dr. Benjamin J. Whipper, Sr., Mrs. Whipper and her husband were blessed by the Lord they served with six children, the Reverend Dr. Benjamin J. Whipper, Jr.; Ogretta Whipper Hawkins; Rosmond Whipper-Black; the Honorable J. Seth Whipper, Esquire; Cheryl Whipper Hamilton, Esquire; and D'Jaris D. Whipper-Lewis; and

Whereas, the House is proud to honor this truly lovely lady at the celebration of her eightieth birthday and joins with her family and friends in congratulating her on reaching this extraordinary milestone. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, congratulate their former colleague Mrs. Lucille Simmons Whipper of Charleston County on the occasion of her eightieth birthday and wish her a joyous birthday celebration and much happiness in the years to come.

Be it further resolved that a copy of this resolution be presented to Mrs. Whipper.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5280 (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,

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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 EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO WILLIAM O. "BILL" BOYKIN, DEPUTY STATE FORESTER UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

Very respectfully,
President
Received as information.

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MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 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. 4511:

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. VICK.

H. 4309--DEBATE ADJOURNED

The following Bill was taken up:

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Rep. HART spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. SCOTT moved to adjourn debate on the Bill until Friday, June 6, which was agreed to.

H. 3309--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E. H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M. A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.

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Rep. COOPER 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.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 3798. The Report of the Committee of Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 5, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that having received a message from the House that it receded from its amendments on H. 4899, it has ordered that the title of the Joint Resolution be changed to that of an Act and that the Act be enrolled for ratification:

H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady,

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Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.

Very respectfully,
Presiden
Received as information.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5192 (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

Printed Page 5365 . . . . . Thursday, June 5, 2008

Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF OCTOBER 2008 AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE.

H. 5232 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE CSX RAILROAD TRACKS IN SPARTANBURG COUNTY ALONG SOUTH CAROLINA HIGHWAY 215 THE "M. D. PUTNAM BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. D. PUTNAM BRIDGE".

H. 5255 (Word version) -- Reps. Funderburk, 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, 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 CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND HARRY ERNEST LAWHON, JR., OF KERSHAW COUNTY FOR

Printed Page 5366 . . . . . Thursday, June 5, 2008

HIS MANY YEARS OF DEDICATED SERVICE AS A PASTOR AND FOR HIS COMMITTED COMMUNITY SERVICE.

H. 5259 (Word version) -- Reps. Pinson, Whipper, Hagood, Stavrinakis, Scarborough, Harrell, Young, Breeland, Limehouse, Mack, Miller, Hutson, R. Brown, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Merrill, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, 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, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE IRVIN G. CONDON OF CHARLESTON COUNTY FOR HIS YEARS OF SERVICE TO THE CITIZENS OF OUR STATE AND TO CONGRATULATE HIM FOR HIS ELECTION AS THE PRESIDENT OF THE NATIONAL COLLEGE OF PROBATE JUDGES.

H. 5270 (Word version) -- Reps. F. N. Smith, 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,

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Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. 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 ROSENA A. TALLEY OF CHESTERFIELD COUNTY FOR TWENTY-NINE YEARS AS AN EDUCATOR AND FOR HER CONTRIBUTION TO THE CIVIL RIGHTS MOVEMENT IN SOUTH CAROLINA.

ADJOURNMENT

At 5:00 p.m. the House, in accordance with the motion of Rep. CRAWFORD, adjourned in memory of Christopher James Yahnis of Florence and in accordance with S. 938, the Sine Die Adjournment Resolution.

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