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

Printed Page 937 . . . . . Tuesday, February 20, 2007

Tuesday, February 20, 2007
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Hear the Word of the Lord:

"The Lord is my shepherd, I shall not want. He makes me lie down in green pastures; he leads me beside still waters; he restores my soul. He leads me in right paths for his name's sake."     (Psalm 23: 1-3)

Friends, let us pray:

Gracious God, we thank You for loving us, and for shepherding us through the ages. So greatly do we value Your tender care. And, with Presidents' Day still on our minds, how grateful we are in this land for those Presidents who have led us nobly and effectively. May it be, Lord, that each of us in this Chamber not only follow Your teachings and Your wisdom, but also that we share Your concern for all who live in this State, indeed, in this nation. May we take to heart our personal responsibilities as shepherds-under Your loving guidance. In your name we pray, Lord.
Amen.

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

Doctor of the Day

Senator COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator McCONNELL, at 12:05 P.M., Senator LEATHERMAN was granted a leave of absence for today.

S. 20--CO-SPONSOR ADDED

S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO

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REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 20.

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet Wednesday, February 21, 2007, at 11:45 A.M. for the purpose of attending the Joint Assembly at Noon, and, at the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 455 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING THE SCHOOL DISTRICT OF OCONEE COUNTY FOR BEING NAMED ONE OF THE NATION'S "100 BEST COMMUNITIES FOR YOUNG PEOPLE" BY AMERICA'S PROMISE - THE ALLIANCE FOR YOUTH, HONORING THE STUDENTS, TEACHERS, AND COMMUNITY FOR SETTING AN OUTSTANDING EXAMPLE FOR THE REST OF SOUTH CAROLINA, AND WISHING THEM MUCH CONTINUED SUCCESS IN BETTERING THE EDUCATIONAL OPPORTUNITIES OF ITS STUDENTS.
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The Senate Resolution was adopted.

S. 456 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "ANNUITY INVESTMENTS BY SENIORS ACT" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 457 (Word version) -- Senators Grooms, Thomas, Vaughn, McConnell, Bryant, Fair, Hawkins, Mescher, Ryberg and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EDUCATIONAL OPPORTUNITY SCHOLARSHIP ACT" BY ADDING CHAPTER 18 TO TITLE 12 SO AS TO PROVIDE A CREDIT FOR CERTAIN TAXES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS AND FOR CONTRIBUTIONS TO THE RURAL SCHOOL INFRASTRUCTURE FUND, TO PROVIDE FOR THE CREATION OF THE RURAL SCHOOL INFRASTRUCTURE AUTHORITY AND ITS GOVERNANCE AND PROVIDE HOW CONTRIBUTIONS TO THE AUTHORITY MUST BE USED, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER, TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE CAPITAL PROJECTS, TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY, TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY, AND TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE AUTHORITY TO BE USED FOR ITS STATED PURPOSES; BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59 SO AS TO ALLOW CERTAIN STUDENTS TO USE AN EDUCATIONAL OPPORTUNITY SCHOLARSHIP EQUAL TO A PORTION OF THE AVERAGE STATE PER PUPIL EXPENDITURE TO TRANSFER FROM A FAILING PUBLIC SCHOOL TO ANOTHER PUBLIC SCHOOL OR TO AN INDEPENDENT SCHOOL, TO PROVIDE FOR AN ADDITIONAL AWARD FOR TRANSPORTATION OF THE TRANSFERRING STUDENT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE DUTIES OF A FAILING PUBLIC SCHOOL AND THE DUTIES AND RIGHTS OF THE PARENT AND STUDENT WHO WISHES TO TRANSFER, AND TO PROVIDE FOR REPORTING,

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ACCOUNTABILITY, AND CONDUCTING OF EXAMINATIONS AND INVESTIGATIONS.
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Read the first time and referred to the Committee on Finance.

S. 458 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-530 SO AS TO PROHIBIT THE SALE OF METAL OR BRASS KNUCKLES AND PROVIDE A PENALTY; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF "WEAPON" AND THE CONFISCATION OF CERTAIN WEAPONS INVOLVED IN A CRIME, SO AS TO EXPAND THE DEFINITION OF "WEAPON" TO INCLUDE METAL OR BRASS KNUCKLES; TO AMEND SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCLUDE METAL OR BRASS KNUCKLES IN THE PROHIBITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO REMOVE THE EXCEPTION FOR METAL KNUCKLES.
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Read the first time and referred to the Committee on Judiciary.

S. 459 (Word version) -- Senators Sheheen, Leventis and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING.
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Senator SHEHEEN spoke on the Bill.

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

S. 460 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND AND HONOR MAJOR SAMUEL TAYLOR OF PENDLETON DISTRICT FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A PIONEER, PATRIOT, AND STATESMAN WHOSE DEDICATION TO LIBERTY HELPED

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ACHIEVE AMERICAN INDEPENDENCE AND WHOSE DEDICATION TO SOUTH CAROLINA ENSURED ITS STABILITY AND PROSPERITY DURING ITS EARLY HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 461 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO COMMEND AND HONOR GENERAL ANDREW PICKENS OF PENDLETON DISTRICT FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A PIONEER, PATRIOT, AND STATESMAN WHOSE DEDICATION TO LIBERTY HELPED ACHIEVE AMERICAN INDEPENDENCE AND WHOSE DEDICATION TO SOUTH CAROLINA ENSURED HER STABILITY AND PROSPERITY DURING HER EARLY HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 462 (Word version) -- Senators Leatherman, Alexander, Verdin, Short and Setzler: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED

Printed Page 942 . . . . . Tuesday, February 20, 2007
EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES; AND TO DELETE AN OBSOLETE PROVISION.
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Read the first time and referred to the Committee on Finance.

S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short and Setzler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENTS SYSTEMS.
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Read the first time and referred to the Committee on Judiciary.

S. 464 (Word version) -- Senators Ritchie, Malloy, Cromer, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Setzler, Williams and McConnell: A BILL TO AMEND SECTION 58-9-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COMMUNICATIONS SERVICES, SO AS TO INCLUDE DEFINITIONS FOR COMMERCIAL MOBILE RADIO SERVICE AND END-USER SUBSCRIBER LINE; AND TO AMEND SECTION 58-9-280, RELATING TO THE ESTABLISHMENT OF A STATE UNIVERSAL SERVICE FUND, SO AS TO MODIFY THE

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PURPOSES OF THE FUND AND EXPAND THE CONTRIBUTORS TO THE FUND TO INCLUDE WIRELESS PROVIDERS.
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Senator RITCHIE spoke on the Bill.

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

S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Setzler, Knotts, Ford, Anderson, Sheheen, Patterson, Williams and McConnell: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
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Senator RITCHIE spoke on the Resolution.

Objection

Senator RITCHIE asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.

Senator LEVENTIS objected to the motion.

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

S. 466 (Word version) -- Senators Hayes, Fair, Vaughn, Peeler, Ford, Cromer, Malloy, O'Dell, Drummond, Williams, Bryant, Moore, Leventis, Verdin, Patterson, Cleary, Grooms, Matthews, Setzler and Ryberg: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 28, 2007, "HOMETOWN, SOUTH CAROLINA DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS THAT SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 467 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, THE SEASON FOR HUNTING A MALE WILD TURKEY IN GAME ZONE 5 IS MARCH 15

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THROUGH MAY 1, INCLUSIVE; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE USE OF A PRIMITIVE WEAPON, FIREARM, AND ARCHERY EQUIPMENT DURING THE SAME SEASON IN GAME ZONE 5.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 468 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND RICHLAND SCHOOL DISTRICT TWO ON BEING SELECTED AS ONE OF THREE DISTRICTS IN THE STATE AS A NATIONAL SCHOOL BOARDS ASSOCIATION'S 2007 TECHNOLOGY LEADERSHIP NETWORK SITE VISIT DISTRICT.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3295 (Word version) -- Reps. G. R. Smith, Harrell, Cooper, Ballentine, Huggins, Merrill, Chellis, Bannister, Stewart, G. M. Smith, Hardwick, Bedingfield, Cato, Hagood, Hamilton, Haskins, Leach, Limehouse, E. H. Pitts, Rice, Shoopman, D. C. Smith, F. N. Smith, J. R. Smith, Spires, Toole, Mulvaney, Crawford, Walker, Bowen, Perry, Young, Owens, Talley, Lowe, Sandifer, Frye, Loftis, Hinson, Clemmons and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2007-2008, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES

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AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.

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

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".

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

H. 3550 (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, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, 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,

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Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BUD TIBSHRANY FOR FORTY-TWO YEARS OF DEDICATED SERVICE IN THE FIELD OF CABLE TELEVISION UPON HIS RETIREMENT, AND TO WISH HIM MUCH HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORT OF STANDING COMMITTEES

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 235 (Word version) -- Senators Hayes and Thomas: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBERS RIGHT TO VOTE, OBTAIN LOANS, OR HOLD

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OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a majority favorable with amendment and Senator LAND a minority unfavorable report on:

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin and Campsen: A BILL TO AMEND SECTION 1-30-10(B) OF THE 1976 CODE, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION SHALL BE A BOARD AND A DIRECTOR; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS DIVIDED BETWEEN A DIRECTOR APPOINTED BY THE GOVERNOR AND A BOARD; TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, BY RECONSTITUTING THE COMMISSION AS A BOARD APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR BOARD MEMBERSHIP, THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, THE QUALIFICATIONS REQUIRED OF BOARD MEMBERS, THE MANNER IN WHICH BOARD MEMBERS ARE SCREENED TO VERIFY QUALIFICATIONS, ESTABLISH THE DISTRICTS FROM WHICH BOARD MEMBERS WILL BE APPOINTED, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE BOARD MEMBERS MUST DISCHARGE THEIR INDIVIDUAL DUTIES IN GOOD FAITH, TO DEFINE A CONFLICT OF INTEREST TRANSACTION AND PROHIBIT BOARD MEMBERS FROM ENTERING INTO A CONFLICT OF INTEREST TRANSACTION, AND TO PROVIDE THAT THE ATTORNEY GENERAL MAY PROSECUTE A BOARD MEMBER INDIVIDUALLY FOR A BREACH OF DUTY OR ENTERING INTO A CONFLICT OF INTEREST TRANSACTION;

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TO AMEND CHAPTER 1, TITLE 57 BY ADDING ARTICLE 4, TO PROVIDE FOR A DEPARTMENT OF TRANSPORTATION REVIEW COMMITTEE TO SCREEN CANDIDATES FOR MEMBERSHIP ON THE BOARD TO DETERMINE WHETHER THE CANDIDATES MEET THE QUALIFICATIONS SET FORTH IN THIS ACT, TO ESTABLISH THE COMPOSITION OF THE REVIEW COMMITTEE AND MANNER IN WHICH COMMITTEE MEMBERS ARE APPOINTED TO SERVE ON THE COMMITTEE, TO ESTABLISH THE ROTATION OF THE COUNTIES WITHIN EACH DISTRICT FROM WHICH CANDIDATES MAY ORIGINATE, TO ESTABLISH THE PROCESS BY WHICH THE PUBLIC IS NOTIFIED OF AN OPEN SEAT ON THE BOARD, TO PROVIDE AN APPROPRIATE TIME WHEN A CANDIDATE MAY FILE A NOTICE OF INTENTION TO SEEK A SEAT ON THE BOARD, TO ESTABLISH THE PARAMETERS OF THE INVESTIGATION OF A CANDIDATE'S QUALIFICATIONS AND THE MANNER IN WHICH THE INVESTIGATION IS TO BE CONDUCTED, TO PROVIDE THAT QUALIFIED CANDIDATES, NOT TO EXCEED THREE, MUST BE NOMINATED TO SERVE ON THE BOARD, TO PROVIDE FOR A STAFF TO BE UTILIZED BY THE COMMITTEE, TO PROVIDE THAT COMMITTEE MEMBERS MAY RECEIVE A PER DIEM AND BE REIMBURSED FOR EXPENSES ASSOCIATED WITH SERVICE ON THE COMMITTEE; TO AMEND SECTION 57-1-410, TO PROVIDE THAT THE GOVERNOR MUST APPOINT THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THAT THE DIRECTOR SERVES AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE FOR A COMPREHENSIVE STUDY OF CERTAIN PROJECTS BEFORE THEY MAY BE INCLUDED IN THE STATE TRANSPORTATION IMPROVEMENT PLAN, TO MAINTAIN A RANKING OF THE PROJECTS, AND TO EVALUATE ON AN ON-GOING BASIS THE MOST COST EFFECTIVE WAYS TO PROMOTE ECONOMIC DEVELOPMENT BY TARGETING TRANSPORTATION INFRASTRUCTURE INVESTMENTS; TO AMEND CHAPTER 3, TITLE 57, BY ADDING SECTION 57-3-800, TO PROVIDE THAT PUBLIC HEARINGS MUST BE HELD IN EACH COUNTY AFFECTED BY A PROPOSED PROJECT TO INCREASE HIGHWAY CAPACITY WITH AN ESTIMATED TOTAL CONSTRUCTION COST IN EXCESS OF FIFTY MILLION DOLLARS; TO AMEND SECTION 57-1-10, TO DEFINE BOARD;
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TO AMEND SECTION 57-1-30, TO PROVIDE THAT THE BOARD MUST APPROVE THE STATEWIDE MASS TRANSIT SYSTEM, TO PROVIDE THAT THE BOARD MUST GIVE ITS PRIOR APPROVAL TO PLANNING AND CONSTRUCTION PROJECTS AND THE IMPLEMENTATION OF THE STATEWIDE MASS TRANSIT SYSTEM; TO AMEND SECTION 57-3-40(A), TO PROVIDE THAT THE BOARD MUST APPROVE THE GENERAL MASS TRANSIT PROGRAM BEFORE IT IS IMPLEMENTED, TO AMEND SECTION 57-3-110(1), TO PROVIDE THAT THE DEPARTMENT'S DUTY TO LAY OUT, BUILD, AND MAINTAIN PUBLIC HIGHWAYS AND BRIDGES IS SUBJECT TO BOARD APPROVAL, TO PROVIDE THAT THE BOARD MUST APPROVE EXPENDITURES OF FUNDS FOR PROJECTS THAT REQUIRE THE DEPARTMENT TO ENTER INTO PARTNERSHIP AGREEMENTS WITH POLITICAL SUBDIVISIONS TO BUILD ROADS AND BRIDGES; AND TO AMEND SECTION 57-5-1330(1), TO PROVIDE THAT THE BOARD MUST APPROVE THE DESIGNATION, ESTABLISHMENT, PLAN, IMPROVEMENT, AND CONSTRUCTION OF TURNPIKES.

S. 355--Committed to the Committee on Judiciary

On motion of Senator McCONNELL, with unanimous consent, the Bill was committed to the Committee on Judiciary, retaining its place on the Calendar.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

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

H. 3335 (Word version) -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO SECTION 44-56-160 MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND AND AUTHORIZED FOR CERTAIN HAZARDOUS WASTE-RELATED EXPENDITURES BY THE DEPARTMENT.

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By prior motion of Senator LEATHERMAN, with unanimous consent

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 397 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF MENTAL HEALTH TO TRANSFER MONEY TO THE CITY OF COLUMBIA FOR HOMELESS PROGRAMS.

By prior motion of Senator COURSON, with unanimous consent

S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.

By prior motion of Senator SHORT, with unanimous consent

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 437 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS, ACCOUNTING PRACTITIONERS AND REGISTRATION OF ACCOUNTING FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3092, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

CARRIED OVER

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher, Martin and Alexander: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 951 . . . . . Tuesday, February 20, 2007
RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.

On motion of Senator O'DELL, the Bill was carried over.

S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF MEASURES FOR DISPOSAL OF PERSONAL IDENTIFYING INFORMATION AND DISCLOSURE OF UNAUTHORIZED ACCESS TO PERSONAL IDENTIFYING INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE

Printed Page 952 . . . . . Tuesday, February 20, 2007
30, AS ARTICLE 1 AND BY ADDING ARTICLE 3 PROVIDING FOR PROTECTION OF PERSONAL IDENTIFYING INFORMATION PRIVACY IN CONNECTION WITH A PUBLIC BODY AND ITS USE AND COMMUNICATION OF A RESIDENT'S SOCIAL SECURITY NUMBER, PRESCRIPTION FOR DISCLOSURE OF SOCIAL SECURITY INFORMATION AND IDENTIFYING INFORMATION BY AND TO CERTAIN PUBLIC BODIES, PROHIBITION OF REQUIRING THE USE OF PERSONAL IDENTIFYING INFORMATION ON A MORTGAGE AND IN PREPARATION OF DOCUMENTS FOR PUBLIC FILING, AND PROCEDURE FOR REDACTING CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; BY ADDING SECTION 1-11-490 SO AS TO PROVIDE FOR DISCLOSURE BY AN AGENCY OF THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE AGENCY OWNS OR LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY ADDING SECTION 16-11-725 SO AS TO MAKE IT UNLAWFUL TO USE ANOTHER PERSON'S HOUSEHOLD GARBAGE FOR THE PURPOSE OF COMMITTING FINANCIAL OR IDENTITY FRAUD; BY ADDING SECTION 16-13-512 SO AS TO REGULATE THE USE OF A CARDHOLDER'S SOCIAL SECURITY NUMBER ON A CREDIT OR DEBIT CARD RECEIPT; BY ADDING SECTION 39-1-90 SO AS TO PROVIDE FOR DISCLOSURE BY A PERSON CONDUCTING BUSINESS IN THIS STATE OF UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE PERSONAL IDENTIFYING INFORMATION OF A RESIDENT WHOSE INFORMATION THE PERSON OWNS OF LICENSES AND TO PROVIDE FOR CIVIL DAMAGES, ATTORNEY'S FEES, AND INJUNCTIVE RELIEF; BY AMENDING SECTION 16-13-510, AS AMENDED, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ADD THE ELEMENTS OF WILFULNESS AND KNOWLEDGE AND TO INCLUDE THE OFFENSE OF IDENTITY FRAUD AS THE USE OF ANOTHER'S INFORMATION TO AVOID LEGAL CONSEQUENCES OR TO OBTAIN EMPLOYMENT AND TO FURTHER DEFINE "IDENTIFYING INFORMATION"; AND TO REPEAL SECTION
Printed Page 953 . . . . . Tuesday, February 20, 2007
16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

On motion of Senator MOORE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 426 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.

Senator KNOTTS moved to carry over the Resolution.

The Resolution was carried over.

AMENDED, READ THE SECOND TIME

S. 66 (Word version) -- Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander: A BILL TO AMEND SECTIONS 61-4-90 AND 61-6-4070 OF THE 1976 CODE, RELATING TO THE TRANSFER OF AN ALCOHOLIC BEVERAGE TO A MINOR, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSFER AN ALCOHOLIC BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS REGARDLESS OF THE MINOR'S INTENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD0066.003) proposed by

Printed Page 954 . . . . . Tuesday, February 20, 2007
Senator MARTIN and previously printed in the Journal of Wednesday, February 14, 2007.

Amendment No. 1

Senator MARTIN proposed the following Amendment No. 1 (JUD0066.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 2 in its entirety, and on page 2, by striking SECTION 3 in its entirety, and inserting:

/   SECTION   2.   Section 61-4-90 of the 1976 Code is amended to read:

"Section 61-4-90.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

Printed Page 955 . . . . . Tuesday, February 20, 2007

(3)   the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

(4)   the beverage is never offered for consumption or imbibed by the student; and

(5)   the beverage at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."

SECTION   3.   Section 61-6-4070 of the 1976 Code is amended to read:

"Section 61-6-4070.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not

Printed Page 956 . . . . . Tuesday, February 20, 2007
more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

(3)   the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

(4)   the liquor is never offered for consumption or imbibed by the student; and

(5)   the liquor at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

Printed Page 957 . . . . . Tuesday, February 20, 2007

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator HUTTO proposed the following Amendment No. 2 (JUD0066.005), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 2 in its entirety, and on page 2, by striking SECTION 3 in its entirety, and inserting:

/   SECTION   2.   Section 61-4-90 of the 1976 Code is amended to read:

"Section 61-4-90.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a

Printed Page 958 . . . . . Tuesday, February 20, 2007
violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

(3)   the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

(4)   the beverage is never offered for consumption or imbibed by the student; and

(5)   the beverage at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

Printed Page 959 . . . . . Tuesday, February 20, 2007

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."

SECTION   3.   Section 61-6-4070 of the 1976 Code is amended to read:

"Section 61-6-4070.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State, unless the person under the age of twenty-one is enlisted by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:

Printed Page 960 . . . . . Tuesday, February 20, 2007

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

(3)   the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

(4)   the liquor is never offered for consumption or imbibed by the student; and

(5)   the liquor at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required

Printed Page 961 . . . . . Tuesday, February 20, 2007
curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

ACTING PRESIDENT PRESIDES

At 1:01 P.M., the PRESIDENT Pro Tempore assumed the Chair.

Amendment No. 3

Senator LEVENTIS proposed the following Amendment No. 3 (JUD0066.004), which was tabled:

Amend the bill, as and if amended, page 1, by striking SECTION 2 in its entirety, and on page 2, by striking SECTION 3 in its entirety, and inserting:

/   SECTION   2.   Section 61-4-90 of the 1976 Code is amended to read:

"Section 61-4-90.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense. The appearance of a person under the age of twenty-one who is enlisted by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer of beer and wine shall not be altered or enhanced as a means to deceive the person transferring the beer or wine.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

Printed Page 962 . . . . . Tuesday, February 20, 2007

The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

(3)   the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

(4)   the beverage is never offered for consumption or imbibed by the student; and

(5)   the beverage at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be

Printed Page 963 . . . . . Tuesday, February 20, 2007
construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."

SECTION   3.   Section 61-6-4070 of the 1976 Code is amended to read:

"Section 61-6-4070.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense. The appearance of a person under the age of twenty-one who is enlisted by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer of alcoholic liquors shall not be altered or enhanced as a means to deceive the person transferring the alcoholic liquors.

(B)   The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:

(1)   the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;

(2)   the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;

(3)   the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;

Printed Page 964 . . . . . Tuesday, February 20, 2007

(4)   the liquor is never offered for consumption or imbibed by the student; and

(5)   the liquor at all times remains in the possession and control of the authorized instructor.

(C)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(D)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(E)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

PRESIDENT PRESIDES

At 1:09 P.M., the PRESIDENT assumed the Chair.

Senator MARTIN spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

Printed Page 965 . . . . . Tuesday, February 20, 2007

The amendment was laid on the table.

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

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Mike Duncan of Spartanburg, S.C.

ADJOURNMENT

At 1:11 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:45 A.M.

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