Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

The prophet, Micah, writes:
  "Do not rejoice over me, O my enemy; when I fall, I shall rise; when I sit in   darkness, the Lord will be a light to me."     (Micah 7:8)
  Bow with me in prayer, if you will:
  Holy God, enable each of us to learn from the prophet, Micah. Though Micah saw problems clearly-and they were vast-he never lost faith in the future. Even while darkness frequently seemed to settle around Micah, he always had a heart full of hope. O Lord, may that be true for each woman and man who serves You here in this Senate, as well. Fill each one of these leaders with Your true light. Empower them always to savor, to trust, and to draw confidence from You, from that very light which never fails. In Your glorious name we pray, Lord. Amen.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Elizabeth Cromer Epps, 2119 Dalloz Road, Columbia, SC 29204

Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Lillian A. McBride, 545 Trader Mill Road, Columbia, SC 29223

Initial Appointment, York County Magistrate, with the term to commence April 30, 2005, and to expire April 30, 2009
Clayburn S. Barnett, 3131 Oak Park Road, Rock Hill, SC 29730 VICE Joanna Angle

Senator LEVENTIS rose for an Expression of Personal Interest.

Senator HAYES rose for an Expression of Personal Interest.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 27, 2008, at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R202, S. 453 (Word version)) -- Banking and Insurance Committee: AN ACT 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, PROCEDURE FOR RESOLUTION OF DISPUTED CREDIT INFORMATION, AND CIVIL DAMAGES, INCLUDING ATTORNEY'S FEES AND COSTS AND INJUNCTIVE RELIEF; BY REDESIGNATING THE FAMILY PRIVACY PROTECTION ACT OF CHAPTER 2, TITLE 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

(R203, S. 652 (Word version)) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land,

(R204, S. 668 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A FARM BUILDING OR PORTABLE STORAGE BUILDING LESS THAN FIVE THOUSAND SQUARE FEET OF FLOOR SPACE USED ONLY FOR LIVESTOCK OR STORAGE AND CHANGE THE LANGUAGE ON THE POSTERS REQUIRED TO BE DISPLAYED TO REFLECT THE CHANGES IN THIS SAME SECTION.
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(R205, S. 771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
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(R206, S. 990 (Word version)) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: AN ACT TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS BEFORE THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THAT WRITTEN

(R207, S. 1005 (Word version)) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: AN ACT TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON AT LEAST SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN AND A PERSON AT LEAST SEVENTEEN YEARS OF AGE MAY DONATE BLOOD WITHOUT THE CONSENT OF HIS PARENT OR GUARDIAN, AND TO PROVIDE A PERSON UNDER EIGHTEEN YEARS OF AGE MAY NOT SELL HIS BLOOD.
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(R208, S. 1023 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 16A AND 17 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2008.
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(R209, S. 1075 (Word version)) -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.
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(R210, S. 1099 (Word version)) -- Senators Martin, Ford, Ritchie, Malloy, Cromer, Ceips and Setzler: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO REVIEW THE CRIMINAL DOMESTIC VIOLENCE LAWS OF THE STATE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING ANY PROPOSED CHANGES AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 2009, AT WHICH TIME THE STUDY COMMITTEE MUST BE DISSOLVED.
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(R211, S. 1109 (Word version)) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R212, S. 1112 (Word version)) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL AREAS OF THE COASTAL ZONE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R213, H. 3059 (Word version)) -- Reps. M.A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley, Viers, Weeks, Clemmons and J.R. Smith: AN ACT TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL DURING A TRAFFIC STOP OR FOR A PERSON TO MISREPRESENT HIS IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.
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(R214, H. 3140 (Word version)) -- Rep. W.D. Smith: AN ACT TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.
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(R215, H. 3219 (Word version)) -- Reps. Harrison, Cotty and McLeod: AN ACT TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
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(R216, H. 3631 (Word version)) -- Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson: AN ACT TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY

(R217, H. 3632 (Word version)) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: 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 AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
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(R218, H. 3789 (Word version)) -- Reps. Kirsh and Cooper: AN ACT 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 ELIMINATE A SPECIFIC REQUIREMENT TO USE EXCESS RESERVES TO REDUCE PREMIUMS OR IMPROVE BENEFITS AND EXPRESS THE INTENT OF THE GENERAL ASSEMBLY TO MAKE PROGRESS IN MEETING OR MAINTAINING ANNUAL CONTRIBUTIONS TO THE SCRHI TRUST FUND TO MEET NEW ACCOUNTING STANDARDS; 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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(R219, H. 4364 (Word version)) -- Reps. M.A. Pitts, Littlejohn, Toole and McLeod: AN ACT TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

(R220, H. 4560 (Word version)) -- Rep. Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2025 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE EMERGENCY WAIVERS OF THE REGISTRATION AND LICENSING REQUIREMENTS OF MOTOR CARRIERS THAT PROVIDE HUMANITARIAN RELIEF DURING THE TIME OF AN EMERGENCY.
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(R221, H. 4599 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R222, H. 4686 (Word version)) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
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(R223, H. 4759 (Word version)) -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-27-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS COVERED UNDER THE PROVISIONS OF THE "INSURERS REHABILITATION AND LIQUIDATION ACT", SO AS TO PROVIDE THAT CHAPTER 27, TITLE 38 DOES NOT APPLY TO CERTAIN ASSOCIATIONS DEFINED IN SECTION 38-38-730; TO AMEND SECTION 38-38-430, RELATING TO THE GOVERNANCE OF FRATERNAL BENEFIT SOCIETIES BY

(R224, H. 4830 (Word version)) -- Reps. Shoopman, Harrell, Leach, Mahaffey, Bedingfield, Bannister, Haskins, Walker, Anthony, Mitchell, Talley, Cato, G.R. Smith, Allen, Hamilton, Kelly, Littlejohn, Rice and W.D. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2009 AND 2010, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED TWENTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
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The following were introduced:

S. 1237 (Word version) -- Senators Grooms and Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 41 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO THE CHARLESTON/BERKELEY COUNTY LINE THE "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1238 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-2-12 SO AS TO PROVIDE THAT THE BOARD OF ACCOUNTANCY SHALL HIRE AN EXECUTIVE DIRECTOR TO PERFORM CERTAIN FUNCTIONS AND AN INVESTIGATOR TO CONDUCT INVESTIGATIONS, AND THE SECRETARY OF STATE SHALL PROVIDE COUNSEL TO THE BOARD AND EMPLOY OTHER COUNSEL AS IT CONSIDERS NECESSARY; BY ADDING SECTION 40-2-14 SO AS TO PROVIDE THE RESPONSIBILITIES OF THE OFFICE OF THE SECRETARY OF STATE TO THE BOARD; BY ADDING SECTION 40-2-16 SO AS TO PROVIDE THE DISPOSITION OF CERTAIN REVENUE RECEIVED BY THE SECRETARY OF STATE, AND CERTAIN REQUIREMENTS FOR THE BUDGET; BY ADDING SECTION 40-2-115 SO AS TO PROVIDE THE BOARD'S JURISDICTION; BY ADDING SECTION 40-2-195 SO AS TO MAKE CERTAIN COMMUNICATIONS OF THE BOARD PRIVILEGED; BY ADDING SECTION 40-2-205 SO AS TO PROVIDE A VIOLATION CONSTITUTES A MISDEMEANOR SUBJECT TO CERTAIN PENALTIES; BY ADDING SECTION 40-2-515 SO AS TO PROVIDE A DISCLAIMER FOR AN ACCOUNTING PRACTITIONER TO USE WHEN ASSOCIATING HIS NAME WITH CERTAIN FINANCIAL STATEMENTS COMPILED BY HIM; TO AMEND SECTION 40-1-40, RELATING TO CERTAIN BOARDS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO REMOVE THE BOARD OF ACCOUNTANCY FROM THE LIST OF BOARDS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 40-2-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THAT THE BOARD IS CREATED UNDER THE OFFICE OF THE SECRETARY OF STATE, TO DEVOLVE THE DUTIES, RESPONSIBILITIES, AND FUNCTIONS OF THE EXISTING BOARD TO THE NEW BOARD, AMONG OTHER THINGS; TO AMEND SECTION 40-2-20, AS AMENDED, RELATING TO CERTAIN DEFINITIONS, SO AS TO REMOVE THE DEFINITION OF "DEPARTMENT" AND PROVIDE A DEFINITION FOR "SECRETARY"; TO AMEND SECTION 40-2-70, AS AMENDED,

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1239 (Word version) -- Senators Ritchie, Reese, Setzler, Williams, Hawkins and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-120 SO AS TO ENACT THE DOCTORS OF CHIROPRACTIC PUBLIC SERVICE INCENTIVE PROGRAM, TO REQUIRE THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP, IMPLEMENT, AND ADMINISTER THE PROGRAM, TO PROVIDE FOR THE MAKEUP OF A COORDINATING BODY FOR THE PROGRAM, TO PROVIDE FOR STUDENT LOAN REIMBURSEMENT IN SPECIFIED AMOUNTS FOR PRACTICING SOUTH CAROLINA CHIROPRACTORS WHO GRADUATED FROM AN ACCREDITED SOUTH CAROLINA CHIROPRACTIC COLLEGE OR UNIVERSITY, TO REQUIRE THE SOUTH CAROLINA STUDENT LOAN CORPORATION AND THE COMMISSION ON HIGHER EDUCATION TO COMPILE REPORTS CONCERNING THE IMPACT AND COST OF THE PROGRAM AND TO DELIVER THE REPORTS BY SEPTEMBER FIRST OF EACH FISCAL YEAR, AND TO PROVIDE THAT UNEXPENDED PROGRAM FUNDS FROM THE PRIOR FISCAL YEAR MAY BE CARRIED FORWARD TO THE CURRENT FISCAL YEAR.
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On motion of Senator REESE, with unanimous consent, the Bill was read the first time and referred to the Committee on Education.

S. 1240 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 44 SO AS TO REQUIRE DENTAL HEALTH SCREENINGS OF CHILDREN AS A PREREQUISITE TO ENTERING KINDERGARTEN, TO ESTABLISH THE PROCEDURES AND REQUIREMENTS FOR SUCH SCREENINGS, AND TO PROVIDE EXEMPTIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1241 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-290 SO AS TO DIRECT THE STATE TREASURER TO ESTABLISH AND MAINTAIN AN ONLINE REGISTER OF EACH STATE PAYMENT IN THE AMOUNT OF ONE THOUSAND DOLLARS OR MORE IN A FISCAL YEAR, TO PROVIDE THE PAYMENTS WHICH MUST BE INCLUDED ON THIS REGISTER AND THOSE PAYMENTS THAT ARE EXEMPT, AND TO PROVIDE FOR THE ORGANIZATION AND INDEXING OF THIS REGISTER.
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Senator ELLIOTT spoke on the Bill.

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

S. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
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Senator LEATHERMAN spoke on the Bill.

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

S. 1243 (Word version) -- Senators Bryant, Verdin, Grooms, Fair, Ryberg, Thomas and Campbell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX

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

S. 1244 (Word version) -- Senators Campsen, Gregory, Cromer, Ceips, McConnell, Scott and Cleary: A BILL TO AMEND SECTION 50-3-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOURCE OF ASSETS OF THE WILDLIFE ENDOWMENT FUND, SO AS TO PROVIDE THAT ALL LIFETIME PRIVILEGE FEES SHALL BE PART OF THE ASSETS OF THE FUND; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE THAT A LIFETIME STATEWIDE HUNTING LICENSE MAY BE OBTAINED FROM THE DEPARTMENT AT DESIGNATED LICENSING LOCATIONS RATHER THAN AT THE DEPARTMENT'S COLUMBIA HEADQUARTERS; TO AMEND SECTION 50-9-520, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE THE TYPE OF LICENSES OFFERED, THE FEES FOR THESE LICENSES, THE LOCATIONS AT WHICH THEY MAY BE OBTAINED, AND THE PROCESS FOR CONVERTING CERTAIN LIFETIME LICENSES INTO SENIOR LIFETIME LICENSES; TO AMEND SECTION 50-9-540, RELATING TO FISHING LICENSES, SO AS TO CLARIFY THAT CERTAIN LICENSES ARE FOR RECREATIONAL FRESHWATER FISHING AND TO PROVIDE THE PROCEDURE AND FEE FOR OBTAINING A LIFETIME SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-13-1130, RELATING TO WHEN COMMERCIAL FRESHWATER FISHING LICENSES ARE REQUIRED, SO AS TO FURTHER PROVIDE FOR WHEN THESE LICENSES ARE REQUIRED; AND TO AMEND SECTION 50-13-1135, RELATING TO WHEN COMMERCIAL OR RECREATIONAL FRESHWATER FISHING LICENSES ARE REQUIRED WHEN USING CERTAIN DEVICES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES REQUIRING EACH LICENSE.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1245 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.
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Read the first time and referred to the Committee on Judiciary.

S. 1246 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO CONGRATULATE MRS. CAMILLA "CAMMIE" CROKER WILLS OF BERKELEY COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.

S. 1247 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PASTOR KATIE L. JORDAN OF GREENVILLE COUNTY FOR FIFTEEN YEARS OF SERVICE AS A MINISTER AND TO COMMEND HER LEADERSHIP ROLE IN QUEEN STREET BAPTIST CHURCH AND IN THE COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1248 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR YORK COUNTY AS A VITAL PART OF THIS STATE, AND TO DECLARE APRIL 30, 2008, YORK COUNTY DAY IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1249 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO WELCOME THE COMPATRIOTS OF THE SECOND SOUTH

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

H. 4897 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARITABLE WORK OF THE SOUTH CAROLINA LIONS INTERNATIONAL, AND TO SET ASIDE APRIL 13 TO APRIL 20, 2008, AS LIONS WEEK IN SOUTH CAROLINA IN HONOR OF THE SOUTH CAROLINA LIONS CONVENTION TO BE HELD FROM APRIL 17 TO APRIL 20, 2008.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 4902 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SUMMERVILLE HIGH SCHOOL WRESTLING TEAM FOR ITS EXCEPTIONAL SEASON AND FOR CAPTURING THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACHES, AND STAFF.

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

S. 1223 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION RECOGNIZING THE DILIGENT EFFORTS OF HOME SCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, EXPRESSING SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN, AND DECLARING APRIL 2008, HOME SCHOOL RECOGNITION MONTH.

Returned with concurrence.

Received as information.

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

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

S. 1229 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.

By prior motion of Senator LEVENTIS

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.

S. 1122 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.

S. 1022 (Word version) -- Senators Peeler, Setzler, Campbell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (1022R002.HKL), which was adopted:

Amend the bill, as and if amended, page 7, SECTION 2, by striking line 5 and inserting:

/     private or federal government sources.

Section 50-110-100.   The provisions contained in this chapter are subject to appropriation by the General Assembly."   /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A

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

Senator KNOTTS asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 2 was taken up for immediate consideration.

Senators KNOTTS, HAWKINS, MARTIN and VERDIN proposed the following Amendment No. 2 (JUD0833.018), which was adopted:

Amend the bill, as and if amended, pages 1-3, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Chapter 1, Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45.   (A)   It is unlawful to knowingly or intentionally confine or restrain an animal in a cruel manner or knowingly or intentionally cause such cruel confinement or restraining of an animal.

(B)   For purposes of this section:

(1)   'Confine an animal in a cruel manner' or 'cruel confinement of an animal' means confining an animal by means of a pen or similar confinement under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Confine an animal in a cruel manner' or 'cruel confinement of an animal' includes, but is not limited to, a confinement that:

(a)   confines an animal for such an unreasonable period of time that the animal's health or safety is endangered;

(b)   does not permit an animal to stand, turn around, sit, and lie down in a normal position;

(c)   causes bodily injury to an animal;

(d)   does not permit an animal access to sustenance;

(e)   does not permit proper ventilation for an animal; or

(f)   is not kept in a sanitary condition.

(2)   'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' means tethering, fastening, chaining, tying, attaching, or otherwise restraining an animal to a tree, fence, post, or other stationary object or a running line, pulley, cable trolley system, or similar system by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances in which the person intends to endanger the animal's health or safety, or the person reasonably should have known would endanger the animal's health or safety. 'Restrain an animal in a cruel manner' or 'cruel restraining of an animal' includes, but is not limited to, a restraint that:

(a)   restricts an animal's movement for such an unreasonable period of time that the animal's health or safety is endangered;

(b)   is of a weight that excessively burdens an animal;

(c)   causes an animal to choke or causes bodily injury to an animal;

(d)   is too short for an animal to move around or for an animal to urinate or defecate in a separate area from the area where the animal must eat, drink, or lie down;

(e)   is situated such that an animal will likely become entangled;

(f)   does not permit an animal access to sustenance and shelter;

(g)   does not permit an animal to escape reasonably foreseeable harm;

(h)   is attached to an animal by means of a collar, harness, or similar device that is not properly fitted for the age and size of the animal such that the collar, harness, or similar device causes trauma or injury to the animal; or

(i)     is attached to an unsupervised animal by means of a choke-type or pronged collar.

(C)   A person who knowingly or intentionally violates this section is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine not less than one hundred dollars nor more than five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. A person may be issued a correction warning in lieu of an infraction requiring the person to correct the cruel confinement or restraining of an animal

(D)   This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, animal exhibitions or shows, pet shops, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, and to activities, exhibitions, transportation, and other events related to activities authorized by Title 50.

(E)   Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the confinement or restraining of an animal; however, a local government may assess only civil penalties for such ordinances."   /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

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.

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

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0311.003), which was adopted:

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

/   SECTION   1.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2723.   (A)   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare

(B)   If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.

(C)   The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration."

SECTION   2.   This act takes effect June 30, 2008.             /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

S. 914 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DAY BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0914.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 23 through 27, in Section 7-13-350(B), as contained in SECTION 1, and inserting therein the following:

/   (B)   Candidates for President and Vice President must be certified not later than twelve o'clock noon on September tenth to the State Election Commission, or if September tenth falls on Sunday, not later than twelve o'clock noon on the following Monday not later than forty-eight hours from the date the candidate receives the nomination. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (S-882 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 3, by deleting lines 1-35 and inserting:

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator CLEARY proposed the following amendment (S-882 CLEARY), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 16-41 and inserting:

/   (B)   A dentist with an a restricted instructor's license is authorized to practice at or on behalf of the Medical University of South Carolina College of Dental Medicine, an American Dental Association accredited technical college, or at a board-recognized hospital based residency program situated in this State. The holder of a restricted instructor's license may practice general dentistry or in his or her area of specialty, but only in a clinic or office affiliated with the dental school, with a dental auxiliary program of a technical college, or with a hospital based residency program. A restricted instructor's license issued to a faculty member under this section terminates immediately and automatically, without any further action by the board, if the holder ceases to be a faculty member at the dental school, at a dental auxiliary program of a technical college, or at a board-recognized hospital based residency program in this State.

(C)   An A restricted instructor's license must be renewed annually in accordance with procedures and fees as established by the board in regulation.

(D)   A dentist holding an a restricted instructor's license issued pursuant to this section is subject to the provisions of this chapter and regulations promulgated under this chapter unless otherwise provided for in this section. The board may revoke a restricted instructor's license for a violation of this chapter or regulations promulgated under this chapter or if the holder fails to supply the board, within ten days of its request, with information as to his or her current status and activities in the teaching program."       /

Renumber sections to conform.

Amend title to conform.

Senator CLEARY explained the amendment.

The amendment was adopted.

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

S. 1011 (Word version) -- Senators Jackson, Leatherman, Patterson, Ford, Hutto, Short, Fair, Matthews, Elliott, Setzler, Lourie, Campbell, Williams, Reese, Hayes and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD1011.003), which was adopted:

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

/   SECTION   1.   Article 1, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-25.   (A)   There is established the Joint Citizens and Legislative Committee on Children to be composed of three members of the House of Representatives appointed by the Speaker of the House, three members of the Senate to be appointed by the President Pro Tempore, and three members to be appointed by the Governor. The director of the Department of Juvenile Justice, the director of the Department of Social Services, the director of the Department of Disabilities and Special Needs, the superintendent of the Department of Education, and the director of the Department of Mental Health shall serve as ex officio, nonvoting members of the committee. Members appointed by the Governor must not be employees of the State of South Carolina. Members serve at the pleasure of the appointing authority. The committee shall study issues relating to children as the committee may undertake or as may be requested or directed by the General Assembly. The committee may contract for all necessary legal research and support services, subject to funding as provided in subsection (E).

(B)   The committee shall become operative on July 1, 2008. The committee must submit an annual written report to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House no later than the first of February, commencing in 2009. The report must detail the work of the committee, account for the committee's expenditures, and provide any findings and recommendations the committee develops relating to children's issues it has studied.

(C)   The staffing for the committee must be provided by the Children's Law Center of the University of South Carolina School of Law, subject to funding as provided in subsection (E).

(D)   The committee members are eligible for per diem and mileage as provided by law for members of state boards, committees, and commissions.

(E)   The committee shall receive funding as may be provided in the annual general appropriations act or from any other source.

(F)   The committee shall terminate and shall cease to exist effective December 31, 2015, unless the General Assembly reauthorizes its continued existence beyond that date by legislation."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (S-918 AMENDMENT), which was adopted:

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

/   SECTION   1.   Chapter 43, Title 40 of the 1976 Code is amended by adding:

"Section 40-43-190.   (A)   For purposes of this section:

(1)   'Central fill' means the filling of a prescription drug order by one central fill pharmacy permitted by this State at the request of another pharmacy permitted by this State.

(2)   'Central fill pharmacy' means a permitted pharmacy facility that, upon the request of another pharmacy permitted by this State, fills a prescription drug order and returns the filled prescription to the dispensing pharmacy for delivery to the patient or patient's agent.

(3)   'Dispensing pharmacy' means a pharmacy permitted by this State that, upon receipt of a prescription drug order from a patient, requests a central fill pharmacy to fill the order and upon receipt of the filled prescription drug order, delivers the prescription to the patient or patient's agent.

(B)(1)   A pharmacy permitted by this State may outsource a prescription drug order filling to a central fill pharmacy permitted by this State if the pharmacies:

(a)   have the same owner or have entered into a written contract or agreement that outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations;

(b)   share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to dispense or process a prescription drug order;

(c)   ensure all state and federal laws regarding patient confidentiality, network security, and use of shared databases are followed; and

(d)   maintain the prescription information in a readily retrievable manner.

(2)   The pharmacist-in-charge of a central fill pharmacy shall ensure that:

(a)   The pharmacy maintains and uses adequate storage or shipment containers and shipping processes to ensure drug stability and potency. These shipping processes must include the use of appropriate packaging material or devices, or both, to ensure that the drug is

(b)   the filled prescriptions are shipped in containers that are sealed in a manner that would show evidence of having been opened or tampered with.

(3)   A pharmacy that conducts central fill pharmacy activities shall obtain a controlled substances registration from the Department of Health and Environmental Control, Bureau of Drug Control. Controlled Substance prescriptions filled by a central fill pharmacy must comply with both state and federal statutes and regulations.

(4)   A central fill pharmacy may not:

(a)   fill prescriptions for controlled substances listed in Schedule II;

(b)   fill prescriptions provided directly by a patient or an individual practitioner;

(c)   mail or otherwise deliver a filled prescription directly to a patient or an individual practitioner.

(C)(1)   A pharmacy that outsources prescription filling to another pharmacy shall, prior to outsourcing the prescription:

(a)   notify patients that their prescription may be filled by another pharmacy; and

(b)   provide the name of that pharmacy or notify the patient if the pharmacy is part of a network of pharmacies under common ownership and that any of the network pharmacies may fill the prescription.

(2)   Patient notification may be provided through a one-time written notice to the patient or through use of a sign in the pharmacy.

(D)(1)   A central fill pharmacy shall provide written information regarding the prescription with the filled prescription and a toll-free phone number for patient questions. The following statement must be provided with the prescription before delivery to the patient:

'Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions'.

(2)   A pharmacist at the dispensing pharmacy shall offer the patient or the patient's agent information about the prescription drug or device in accordance with Section 40-43-86(L).

(3)   This subsection does not apply to patients in facilities, including, but not limited to, hospitals or nursing homes, where drugs are administered to patients by a person required to do so by law.

(E)   The central fill pharmacy shall:

(1)   place on the prescription label:

(a)   the name and address, or name and pharmacy license number of the pharmacy filling the prescription;

(b)   the name and address of the dispensing pharmacy which receives the filled prescription for delivery to the patient or the patient's agent;

(c)   in some manner indicate which pharmacy filled the prescription (e.g., 'Filled by ABC Pharmacy for XYZ Pharmacy'); and

(2)   comply with all other labeling requirements of federal and state law, including, but not limited to, Section 40-43-86.

(F)   A central fill policy and procedure manual must be maintained at both pharmacies and must be available for inspection. Each pharmacy is required to maintain only those portions of the policy and procedure manual that relate to that pharmacy's operations. The manual must at minimum contain:

(1)   an outline of the responsibilities of the central fill pharmacy and the dispensing pharmacy, including, but not limited to:

(a)   patient notification of central fill processing;

(b)   confidentiality and integrity of patient information procedures;

(c)   drug utilization review;

(d)   record-keeping and logs, including a list of the names, addresses, phone numbers, and license or registration numbers of the pharmacies, pharmacists, and pharmacy technicians at the central fill pharmacy and at the dispensing pharmacy;

(e)   counseling responsibilities;

(f)   procedures for return of prescriptions not delivered to a patient and procedures for invoicing medication transfers;

(g)   policies for operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems;

(h)   safe delivery of prescriptions to patients;

(i)   processes to ensure stability and potency of medication;

(j)   requirements for storage and shipment of prescription medication;

(k)   procedures for conducting an annual review of written policies and procedures and for documentation of this review.

(2)   other responsibilities regarding proper handling of a prescription and delivery to a patient or a patient's agent pursuant to this chapter and the Department of Health and Environmental Control, Controlled Substances laws and regulations.

(G)(1)   Records may be maintained in an alternative data retention system, including, but not limited to, a data processing system or direct imaging system, if:

(a)   the records maintained in the alternative system contain all of the information required on the manual record; and

(b)   the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agency.

(2)   Each pharmacy shall maintain records in accordance with the provisions of Section 40-43-86 and must be able to produce records as requested by the board.

(3)   The dispensing pharmacy records must include the date:

(a)   the request for filling was transmitted to the central fill pharmacy; and

(b)   the filled prescription was received by the dispensing pharmacy, the method of delivery by which the filled prescription was sent to the dispensing pharmacy, including, but not limited to, private, common, or contract carrier, and the name of the person accepting delivery.

(4)   The central fill pharmacy records must include:

(a)   the date the filled prescription was shipped to the dispensing pharmacy;

(b)   the name and address to which the filled prescription was shipped; and

(c)   the method of delivery by which the filled prescription was sent, including, but not limited to, private, common, or contract carrier.

(H)(1)   A central fill pharmacy shall complete a central fill pharmacy permit application provided by the board, following the procedures as specified in Section 40-43-83, and also shall provide the following information:

(a)   evidence that the applicant holds a pharmacy license, registration, or permit issued by the state in which the pharmacy is located;

(b)   the name of the owner, permit holder, and pharmacist-in-charge of the pharmacy for service of process;

(c)   evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed by the applicant to a resident of this State not later than seventy-two hours after the time the board requests the record;

(d)   an affidavit by the pharmacist-in-charge which states that the pharmacist has read and understands the laws and regulations relating to central fill pharmacy in this State; and

(e) pay the required fee as set by the board through regulation.

(2)   A central fill pharmacy must comply with all provisions of this chapter.

(I)   Nothing in this section may be construed to circumvent any requirement of Section 40-43-86 of the South Carolina Pharmacy Practice Act."

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

Renumber sections to conform.

Amend title to conform.

Senator CROMER explained the committee amendment.

The committee amendment was adopted.

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

S. 916 (Word version) -- Senators Martin, Sheheen and Elliott: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD MEET AND ORGANIZE BY NO LATER THAN THE FRIDAY FOLLOWING THE ELECTION INSTEAD OF ON THE FRIDAY FOLLOWING THE ELECTION TO PROVIDE FOR FLEXIBILITY IN COMPLYING WITH THE REQUIREMENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0916.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 26 through 42, in Section 7-17-10, as contained in SECTION 1 and inserting therein the following:

/   "Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at in the county seat on the by no later than Friday next following the election, before one o'clock in the afternoon of that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at in the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers. Any meeting provided for in this section must be accessible and without cost to the public and must comply with the notice requirements of the Freedom of Information Act, Chapter 4 of Title 30."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

S. 1171 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (1171R001.RWH), which was adopted:

Amend the bill, as and if amended, page 2, SECTION 1, by striking lines 7 through 12 and inserting:

/     A manufacturer not under a fee agreement is not required to return personal property for ad valorem tax purposes if the property remains in this State at a manufacturing facility that has not been operational for one fiscal year and the personal property has not been used in operations for one fiscal year. The personal property is not required to be returned until the personal property becomes operational in a manufacturing process or until the property has not been returned for ad valorem tax purposes for four years, whichever is earlier. A manufacturer must continue to list the personal property annually and designate on the listing that the personal property is not subject to tax pursuant to this section."     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

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

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 1171.

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD1221.002), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Article 3, Chapter 3, Title 22 of the 1976 Code is amended to read:

Section 22-3-110.   The provisions of Title 15 respecting forms of actions, parties to actions, the times of commencing actions and the service of process upon corporations and the provisions of Title 19 respecting the rules of evidence shall apply to the courts of magistrates.

Section 22-3-120.   When twenty-five dollars or more is demanded, the complaint shall be served on the defendant not less than twenty days and when less than that sum is demanded not less than five days before the day therein fixed for trial. But if the plaintiff shall make out that he is apprehensive of losing his debt by such delay and the magistrate considers that there is good reason therefor (the grounds of such apprehension being set out in an affidavit and served with a copy of the complaint) he may make such process returnable in such time as the justice of the case may require.

Section 22-3-130.   Service of summons upon an absent defendant in any case in a court of a magistrate shall have the same binding force and effect as such service has in cases in the courts of common pleas.

Section 22-3-140.   A magistrate may, in an action brought in his court and within his jurisdiction, grant an order of publication against an absent defendant in the same manner and to the same extent as authorized in Section 15-9-710. The time for such publication shall be once a week for not less than three weeks.

Section 22-3-150.   The pleadings in the courts of magistrates are:

(1) The complaint by the plaintiff; and

(2) The answer by the defendant.

Section 22-3-160.   The complaint shall state, in a plain and direct manner, the facts constituting the cause of action.

Section 22-3-170.   The answer may contain a denial of the complaint or any part thereof and also a notice, in a plain and direct manner, of any facts constituting a defense or counterclaim.

Section 22-3-180.   Either party in a court of a magistrate may demur to a pleading of his adversary or to any part thereof when it is not sufficiently explicit to enable him to understand it or when it contains no cause of action or defense, although it be taken as true. If the court deem the objection well founded, it shall order the pleadings to be amended and, if the party refuse to amend, the defective pleading shall be disregarded.

Section 22-3-190.   The pleadings may, except as otherwise provided, be oral or in writing. If oral, the substance of them shall be entered by the magistrate in his docket. If in writing, they shall be filed by him and a reference to them shall be made in the docket. Pleadings are not required to be in any particular form, but must be such as to enable a person of common understanding to know what is intended.

Section 22-3-200.   The pleadings in a court of a magistrate may be amended at any time before or during the trial or upon appeal when by such amendment substantial justice will be promoted. If the amendment be made after the joining of the issue and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party, in consequence of such amendment, an adjournment shall be granted. The court may also, in its discretion, require as a condition of an amendment the payment of costs to the adverse party.

Section 22-3-210.   When any civil action cognizable by a magistrate shall be brought in the wrong county the mere failure of the defendant to appear shall not be deemed a waiver of any objection such defendant may have to the jurisdiction of the magistrate. But nothing herein contained shall be construed to prevent any positive action of such

Section 22-3-220.   The defendant in a court of a magistrate may, on the return of process and before answering, make an offer in writing to allow judgment to be taken against him for an amount stated in such offer, with costs. The plaintiff shall thereupon, and before any other proceeding shall be had in the action, determine whether he will accept or reject such offer. If he accept the offer and give notice thereof in writing, the magistrate shall file the offer and the acceptance thereof and render judgment accordingly. If notice of acceptance be not given and if the plaintiff fail to obtain judgment for a greater amount, exclusive of costs, than has been specified in the offer he shall not recover costs but shall pay to the defendant his costs accruing subsequent to the offer.

Section 22-3-230.   Either party to a suit before a magistrate shall be entitled to a trial by jury.

Section 22-3-260.   A variance between the proof on the trial and the allegations in a pleading shall be disregarded, as immaterial, unless the court shall be satisfied that the adverse party has been misled to his prejudice thereby.

Section 22-3-270.   When a defendant in a court of a magistrate in an action on contract does not appear and answer the plaintiff may file proof of the service of the summons and complaint or of the summons on one or more of the defendants and that no answer or demurrer has been served upon him. When the action is for the recovery of money only, judgment may be given for the plaintiff by default if the demand be liquidated. If (a) the claim be unliquidated, (b) the plaintiff itemize his account and append thereto an affidavit that it is true and correct and no part of the sum sued for has been paid by discount or otherwise, (c) a copy of such account and affidavit be served with the summons on the defendant and (d) the defendant shall neither answer nor demur, the plaintiff shall have judgment for the sum sued for as in the case of liquidated demands. In all other cases when the defendant fails to appear and answer the plaintiff cannot recover without proving his case.

Section 22-3-280.   In an action or defense in a court of a magistrate founded upon an account or an instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to the court and to state that there is due to him thereon from the adverse party a specified sum which he claims to recover or set off.

Section 22-3-290.   The court may at the joining of the issue require either party, at the request of the other, at that or some other specified time to exhibit his account or state the nature thereof as far as may be in his power and, in case of his default, preclude him from giving evidence of such parts thereof as shall not have been so exhibited or stated.

Section 22-3-300.   A magistrate, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof which may be filed and docketed in the office of the circuit court of the county in which the judgment was rendered. The time of the receipt of the transcript by the clerk shall be noted thereon and entered in the abstract of judgments and from that time the judgment shall be a judgment of the circuit court, but no sale shall be made under any execution issued upon such judgment in the circuit court until the time for appeal from the judgment in the magistrates court has expired, nor pending such appeal. If the judgment is set aside in the magistrates court, it shall have the effect of setting aside the judgment filed and docketed in the circuit court. The filing and docketing of such transcript in the circuit court shall not affect the right of the magistrate to grant a new trial. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county and with like effect in every respect as in the county in which the judgment was rendered.

Section 22-3-310.   Execution may be issued on a judgment heretofore or hereafter rendered in a magistrates court at any time within three years after the rendition thereof and shall be returnable sixty days from its date. But no sale shall be made under any such execution until after the time for appeal has expired, nor pending such appeal, and in cases for the claim and delivery of personal property when bond for the property claimed has been properly given by either party, the status of such property shall not be changed until after the expiration of the time for appealing has expired or until such appeal has terminated.

Section 22-3-320.   If the judgment be docketed with the clerk of the circuit court, the execution shall be issued by him to the sheriff of the county and have the same effect and be executed in the same manner as other executions and judgments of the circuit court."

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

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

S. 11 (Word version) -- Senators Hayes, Vaughn, Richardson, Mescher and Fair: A BILL TO AMEND SECTION 8-13-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, TO CLARIFY THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS REQUIRED TO REPORT THE SOURCE OF ANY GIFTS, INCLUDING TRANSPORTATION, LODGING, FOOD, ENTERTAINMENT, OR ANYTHING OF VALUE WORTH TWENTY-FIVE DOLLARS OR MORE IN A DAY OR WORTH TWO HUNDRED DOLLARS OR MORE IN THE AGGREGATE IN A CALENDAR YEAR; AND TO AMEND SECTION 8-13-1302, RELATING TO A CANDIDATE'S MAINTENANCE OF RECORDS OF CONTRIBUTIONS, CONTRIBUTORS, AND EXPENDITURES, TO DELETE THE REQUIREMENT THAT THE CANDIDATE MUST MAINTAIN AND PRESERVE AN ACCOUNT OF THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 252 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

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

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

H. 3528 (Word version) -- Reps. M.A. Pitts, Stewart, G.M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J.M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS

The House returned the Bill with amendments.

On motion of Senator HAWKINS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

At 12:01 P.M., Senator MARTIN assumed the Chair.

S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of Amendment No. P2 (JUD1070.010) proposed by Senator HUTTO and previously printed in the Journal of Wednesday, March 26, 2008.

Senator HUTTO argued in favor of the adoption of the amendment.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator HUTTO retaining the floor.

Having received a favorable report from the Education Committee, the following appointments were confirmed in open session:

Reappointment, South Carolina State Commission on Higher Education, with the term to commence July 1, 2008, and to expire July 1, 2010
Ex-Officio (Four Year Institution):
Kenneth W. Jackson, 530 Ridgewood Drive, Florence, SC 29501

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2005, and to expire June 30, 2008
At-Large:
Sarah L. Hayes, 836 Myrtle Drive, Rock Hill, SC 29730 VICE Carolyn Govan

Reappointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2008, and to expire April 1, 2013
At-Large:
W. Joshua Brown, 3 Appledown Court, Anderson, SC 29621

Reappointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2008, and to expire April 1, 2013
At-Large:
Rosalind F. Neal, 118 Barksdale Ferry Road, McCormick, SC 29835

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2008, and to expire June 30, 2011
At-Large:
Sarah L. Hayes, 836 Myrtle Drive, Rock Hill, SC 29730

Reappointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2008, and to expire April 1, 2013
At-Large:
R. Wayne Moseley, 6813 Back Bay Drive, Isle of Palms, SC 29451

Initial Appointment, South Carolina State Commission on Higher Education, with the term to commence July 1, 2006, and to expire July 1, 2008
Ex-Officio (Four Year Institution):
Kenneth W. Jackson, 530 Ridgewood Drive, Florence, SC 29501 VICE Col. John T. Bowden, Jr.

Having received a favorable report from the Judiciary Committee, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Workers' Compensation Commission Chairman, with the term to commence June 30, 2008, and to expire June 30, 2010
Chairman:
Andrea C. Roche, 118 Newberry Dr., Prosperity, SC 29127 VICE David W. Huffstetler

Initial Appointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2008, and to expire June 30, 2014
At-Large:
Avery B. Wilkerson, Jr., 329 Tamwood Circle, Cayce, SC 29033 VICE J. Alan Bass

Pursuant to the provisions of Section 8-13-745, we abstained from voting on appointments to the Workers' Compensation Commission.

Having received a favorable report from the Medical Affairs Committee, the following appointments were confirmed in open session:

Reappointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Midlands - Recipient/Donor/Family:
Mark A. Walker, 217 Markham Road, Columbia, SC 29229

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Kelly H. Floyd, 1584 Brookgreen Drive, Myrtle Beach, SC 29577 VICE W. Robert Harrell

Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Interested Party:
Elizabeth Walker, 121 Woody Creek Road, Greer, SC 29650 VICE New Seat

Reappointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2008, and to expire June 30, 2012
1st Congressional District:
Edythe C. Dove, 8757 East Fairway Woods Circle, North Charleston, SC 29420

Reappointment, Board of the South Carolina Department of Health and Environmental Control, with the term to commence June 30, 2007, and to expire June 30, 2011
3rd Congressional District:
Steven G. Kisner, 2436 Summit Drive, Aiken, SC 29801

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Lillian A. McBride, 545 Trader Mill Road, Columbia, SC 29223

Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Lenora D. McCarty, 4405 Ryan Avenue, Columbia, SC 29203

Reappointment, Richland County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Elizabeth Cromer Epps, 2119 Dalloz Road, Columbia, SC 29204

Initial Appointment, York County Magistrate, with the term to commence April 30, 2005, and to expire April 30, 2009
Clayburn S. Barnett, 3131 Oak Park Road, Rock Hill, SC 29730 VICE Joanna Angle

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Hugh McIntosh of Kingstree, S.C.

At 12:46 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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