Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

In the book of Daniel we read:

"Nebuchadnezzar then approached the opening of the blazing furnace and shouted, 'Shadrach, Meshach, and Abednego, servants of the Most High God, come out! Come here!' So Shadrach, Meshach, and Abednego came out of the fire."     (Daniel 3:26)
  Let us bow together in prayer:
  Holy God, we give You honor and praise this afternoon. Yet even as we do so, we confess that we ourselves sometimes feel rather like Shadrach, Meshach and Abednego: caught up in the heat of the moment, as vulnerable as can be. O Lord, in those times when challenges appear to be greatest, strengthen the will of each leader here in this Senate, that she and he might feel Your strength, that they might draw on Your power to do what is right and just, and that they might trust You to grant them the courage of their convictions.

In Your name we pray, Lord. Amen.

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

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

Document No. 3189
Agency: Department of Revenue
SUBJECT: Food Tax
Received by Lieutenant Governor February 21, 2008
Referred to Finance Committee
Legislative Review Expiration January 27, 2009

On motion of Senator PEELER, at 3:15 P.M., Senator RANKIN was granted a leave of absence for today through Tuesday, March 4, 2008.

At 3:24 P.M., Senator CAMPBELL requested a leave of absence for Thursday, February 28, 2008.

Senator HUTTO rose for an Expression of Personal Interest.

Senator CAMPSEN rose for an Expression of Personal Interest.

Senator MARTIN rose for an Expression of Personal Interest.

Senator MASSEY rose for an Expression of Personal Interest.

The following co-sponsor was added to the respective Bills:
S. 80 (Word version)     Sen. Campsen
S. 490 (Word version)     Sen. Campsen

The following co-sponsors were removed as co-sponsors of the respective Bills:
S. 687 (Word version)     Sens. McGill, Reese

The following were introduced:

S. 1154 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 21, TITLE 59 SO AS TO ESTABLISH THE PUBLIC CHOICE INNOVATION GRANTS PROGRAM, TO PROVIDE FOR THE ENTITIES THAT MAY PARTNER TO FORM AN INNOVATION SCHOOL, TO PROVIDE FOR GRANT APPLICATION, STUDENT ENROLLMENT, AND ELIGIBILITY REQUIREMENTS, TO PROVIDE FOR THE AMOUNT OF FUNDS ALLOCATED TO AN INNOVATION SCHOOL IN A GIVEN YEAR OF THE GRANT, AND TO PROVIDE FOR TESTING, EVALUATION, AND REPORTING PROCEDURES.
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Read the first time and referred to the Committee on Education.

S. 1155 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 50-13-1192 OF THE 1976 CODE, RELATING TO THE TYPE OF NONGAME FISHING DEVICES THAT MAY BE USED IN CERTAIN BODIES OF FRESHWATER, TO PROVIDE THAT JUGS MAY NOT BE USED IN LAKE GREENWOOD.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1156 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1157 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1158 (Word version) -- Senators Hayes, Sheheen, Gregory, Short and Peeler: A BILL TO AMEND SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE CATAWBA RIVER AS A SCENIC RIVER.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
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Read the first time and referred to the Committee on Judiciary.

S. 1160 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 40-68-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR PROFESSIONAL EMPLOYER ORGANIZATIONS, SO AS TO REVISE HOW THE ONE-YEAR TIME PERIOD AN APPLICANT MUST WAIT AFTER THE REVOCATION OR DENIAL OF A LICENSE IS DETERMINED; TO AMEND SECTION 40-68-40, AS AMENDED, RELATING TO QUALIFICATIONS TO SERVE AS A CONTROLLING PERSON AND CERTAIN REQUIREMENTS FOR LICENSURE, SO AS TO MAKE TECHNICAL CORRECTIONS AND DELETE A SPECIFIC NET WORTH REQUIREMENT FOR APPLICANTS OPERATING A PROFESSIONAL EMPLOYER ORGANIZATION ON OR BEFORE JANUARY 1, 1991; TO AMEND SECTION 40-68-45, RELATING TO CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS, SO AS TO FURTHER PROVIDE FOR THESE REQUIREMENTS; TO AMEND SECTION 40-68-50, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO REVISE THE MANNER OF THEIR COMPUTATION AND THE ANNIVERSARY DATE OF LICENSES; TO AMEND SECTION 40-68-90, AS AMENDED, RELATING TO RESTRICTED LICENSES FOR NONRESIDENT COMPANIES OR GROUPS, SO AS TO REVISE THE CONDITIONS UNDER WHICH A NONRESIDENT COMPANY OR GROUP MAY BE LICENSED; TO AMEND SECTION 40-68-100, AS AMENDED, RELATING TO LICENSES, RENEWALS, AND THE TIME A LICENSE IS VALID, SO AS TO REVISE THIS TIME PERIOD; TO AMEND SECTION 40-68-120, AS AMENDED, RELATING TO BENEFIT PLANS FOR ASSIGNED EMPLOYEES, SO AS TO PROVIDE THAT NO LICENSEE MAY OFFER NONLICENSED WORKERS' COMPENSATION BENEFITS; AND TO AMEND SECTION 40-68-140, AS AMENDED, RELATING TO NAMES UNDER WHICH A BUSINESS MAY BE CONDUCTED, SO AS TO FURTHER PROVIDE FOR WHEN A LICENSEE MUST NOTIFY THE DEPARTMENT OF CONSUMER AFFAIRS OF CERTAIN INFORMATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1161 (Word version) -- Senator Williams: A BILL TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1162 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE APPROPRIATIONS IN ANY FISCAL YEAR BEING SUBJECT TO A SPECIFIED SPENDING LIMITATION, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2009, THIS LIMITATION ON STATE APPROPRIATIONS IS AN AMOUNT EQUAL TO THOSE STATE APPROPRIATIONS AUTHORIZED BY THE SPENDING LIMIT FOR THE PREVIOUS FISCAL YEAR INCREASED BY THE PERCENTAGE INCREASE IN THE REAL GROSS DOMESTIC PRODUCT (GDP) OF THE UNITED STATES IN THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE.
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Senator ELLIOTT spoke on the Bill.

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

H. 4699 (Word version) -- Reps. Umphlett, Jefferson, Dantzler and Merrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD UNITED STATES HIGHWAY 52 FROM ITS INTERSECTION WITH THE MONCKS CORNER CITY LIMITS SOUTHWARD TO ITS INTERSECTION WITH NEW UNITED STATES HIGHWAY 52 IN BERKELEY COUNTY THE "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "LIEUTENANT GENERAL HENRY DOCTOR, JR. MEMORIAL HIGHWAY".

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

H. 4711 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 37 ALONG INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY THE "WILKINS NORWOOD INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "WILKINS NORWOOD INTERCHANGE".

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

H. 4731 (Word version) -- Reps. Mitchell, Govan, Harrell, Miller and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-85 SO AS TO PROVIDE THAT THE NINETEENTH DAY OF JUNE OF EACH YEAR IS DESIGNATED AS "JUNETEENTH CELEBRATION OF FREEDOM DAY" TO COMMEMORATE AND REFLECT ON THE FREEDOM OF AFRICAN AMERICANS AND THEIR CONTRIBUTIONS TO THIS STATE AND NATION.

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

H. 4748 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE, CELEBRATE, AND COMMEND THE CAMDEN FIRST UNITED METHODIST CHURCH UPON THE OCCASION OF ITS TENTH ANNIVERSARY AS A COMBINED CHURCH, AND TO WISH ITS FAITHFUL CONGREGATION AND PASTOR MANY MORE YEARS OF SERVICE TO GOD AND THEIR CHURCH.

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

H. 4765 (Word version) -- Rep. Brady: A CONCURRENT RESOLUTION TO CONGRATULATE E. SIMS FLOYD, JR., CERTIFIED ASSOCIATION EXECUTIVE, OF COLUMBIA, UPON BEING CHOSEN THE 2007 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 874 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS ADVANCED STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 979 (Word version) -- Senators Anderson, Ford, Matthews, Land, Malloy, Reese, Pinckney, Scott, Patterson, Hutto, Short, Williams, Jackson, Grooms, Elliott, McGill, Drummond, Bryant and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1010 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO RECEIVE A PARDON FOR THE CONVICTION OF A CRIME MAY PETITION THE COURT OF APPEALS TO RECOVER THE MONETARY VALUE OF THE LOSS SUSTAINED THROUGH THEIR ERRONEOUS CONVICTION AND IMPRISONMENT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 1030 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 11-45-30 OF THE 1976 CODE, RELATING TO DEFINITIONS, SO AS TO CLARIFY THE DEFINITION OF "LENDER" AND PROVIDE A DEFINITION FOR "INTEREST"; TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO REQUIREMENTS FOR THE SUBMISSION OF INVESTMENT PLANS, SO AS TO PROVIDE CLARIFYING LANGUAGE; TO AMEND SECTION 11-45-55, RELATING TO TAX CREDIT CERTIFICATES, SO AS TO REQUIRE THAT THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY ESTABLISH GUIDELINES FOR PROCEDURES TO ISSUE TAX CREDITS AND DELETE THE REQUIREMENT THAT THE AUTHORITY ALSO ESTABLISH REGULATIONS; TO AMEND SECTION 11-45-70, AS AMENDED, RELATING TO VENTURE CAPITAL INVESTMENT REQUIREMENTS, SO AS TO ALLOW AN INVESTOR TO BE QUALIFIED IF HE PROVES THAT HE HAS MADE PRIOR INVESTMENTS IN SOUTH CAROLINA OR SOUTH CAROLINA BASED COMPANIES; AND TO ADD SECTION 11-45-105 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO APPROVE GUIDELINES ISSUED BY THE AUTHORITY.

Ordered for consideration tomorrow.

Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1053 (Word version) -- Senators McConnell, Ford and Campsen: A BILL TO AMEND SECTION 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL, AND IS SUBSEQUENTLY CHARGED WITH A VIOLENT OFFENSE, SHALL BE DENIED BAIL WHEN THE PROSECUTOR CAN PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT NO CONDITION OR COMBINATION OF CONDITIONS REASONABLY ASSURES THE SAFETY OF ANY OTHER PERSON OR THE SAFETY OF THE COMMUNITY IF THE PERSON IS RELEASED.

Ordered for consideration tomorrow.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1053.

Senator MALLOY from the Committee on Judiciary submitted a favorable report on:

S. 1056 (Word version) -- Senators McConnell, Ford and Campsen: A BILL TO AMEND SECTION 20-7-8305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 20-7-8320, RELATING TO CONDITIONAL RELEASE, SO AS TO PROVIDE THAT THE JUVENILE MUST BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-19-110, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-710, RELATING TO THE GUIDELINES, ELIGIBILITY CRITERIA, AND IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED WITHIN CERTAIN PROGRAMS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-1330, RELATING TO A COURT INMATE'S AGREEMENT TO TERMS AND CONDITIONS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-21-410, RELATING TO THE COURT BEING AUTHORIZED TO SUSPEND IMPOSITION OF SENTENCE FOR PROBATION AFTER CONVICTION, SO AS TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION, THE DEFENDANT MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-430, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO PROVIDE THAT THE CONDITIONS IMPOSED MUST INCLUDE THE REQUIREMENT THAT THE PROBATIONER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT THE CONDITIONS OF PARTICIPATION MUST INCLUDE THE REQUIREMENT THAT THE OFFENDER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-640, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO SEARCH AND SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; AND TO AMEND SECTION 24-21-645, RELATING TO THE ORDER AUTHORIZING PAROLE, SO AS TO PROVIDE THAT THE CONDITIONS OF PAROLE MUST INCLUDE THE REQUIREMENT THAT THE PAROLEE MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1067 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30(6) OF THE 1976 CODE, RELATING TO SALTWATER GAMEFISH, TO CLASSIFY COBIA AS A SALTWATER GAMEFISH.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

H. 3059 (Word version) -- Reps. M.A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley, Viers, Weeks, Clemmons and J.R. Smith: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

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 PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: A BILL 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 A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Columbia, S.C., February 26, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, Delleney and Viers to the Committee of Conference on the part of the House on:

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)
Very respectfully,

Speaker of the House

Received as information.

S. 1128 (Word version) -- Senators Malloy, Leatherman, Land and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2008.

Returned with concurrence.

Received as information.

S. 1146 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. VIRGINIA ZENITH MALPHRUS INGRAM OF JASPER COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1147 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DAVID "DAVE" CAMPBELL BECKHAM, SR. FOR FIFTY YEARS OF SERVICE TO THE SOUTH CAROLINA MILITARY DEPARTMENT AND TO COMMEND HIM AS THE VOICE OF THE SOUTH CAROLINA NATIONAL GUARD.

Returned with concurrence.

Received as information.

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

H. 4712 (Word version) -- Reps. Neilson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2008.

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

S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE CERTAIN EXCEPTIONS; TO PROVIDE FOR THE LENGTH OF TIME THAT THE DEVICE MUST BE INSTALLED; TO PROVIDE FOR INSPECTION OF THE DEVICE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE THE DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH A DEVICE AND TO PROVIDE EXCEPTIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE THE DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE THE DEVICE FOR ANOTHER PERSON.
(ABBREVIATED TITLE)

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

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.

On motion of Senator BRYANT, the Joint Resolution was carried over.

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

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.

On motion of Senator LEATHERMAN, with unanimous consent, the deadline to return the Bill to the Senate from subcommittee hearings has been extended.

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.

S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senators HUTTO and RYBERG proposed the following amendment (360.1), which was adopted:

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

/SECTION   1.   Article 2, Chapter 52, Title 48 of the 1976 Code is amended by adding:

"Section 48-52-215.   For purposes of this chapter, 'renewable energy resources' means solar photovoltaic energy, solar thermal energy, wind power, hydroelectric, geothermal energy, tidal energy, recycling, hydrogen fuel derived from renewable resources, biomass energy, nuclear energy, and landfill gas."

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

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House of Representatives, as amended.

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 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 16-13-515, RELATING TO IDENTITY FRAUD; AND TO PROVIDE VARIOUS EFFECTIVE DATES.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator THOMAS proposed the following amendment (453R003.DLT), which was adopted:

Amend the bill, as and if amended, SECTION 4, as found on page 20, by deleting SECTION 4 in its entirety and inserting:

/ SECTION   4.A.   Article 1, Chapter 1 of Title 11 of the 1976 Code is amended by adding:

"Section 1-11-490.   (A)   An agency of this State owning or licensing computerized data that includes personal identifying information shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose unencrypted and unredacted personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(B)   An agency maintaining computerized data that includes personal identifying information that the agency does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.

(C)   The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.

(D)   For purposes of this section:

(1)   'Agency' means any agency, department, board, commission, committee, or institution of higher learning of the State or a political subdivision of it.

(2)   'Breach of the security of the system' means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.

(3)   'Personal identifying information' has the same meaning as 'personal identifying information' in Section 16-13-510(D).

(E)   The notice required by this section may be provided by:

(1)   written notice;

(2)   electronic notice, if the person's primary method of communication with the individual is by electronic means or is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 26 of the 1976 Code;

(3)   telephonic notice; or

(4)   substitute notice, if the agency demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the agency has insufficient contact information. Substitute notice consists of:

(a)   e-mail notice when the agency has an e-mail address for the subject persons;

(b)   conspicuous posting of the notice on the agency's web site page, if the agency maintains one;

(c)   notification to major statewide media.

(F)   Notwithstanding subsection (E), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.

(G)   A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:

(1)   institute a civil action to recover damages;

(2)   seek an injunction to enforce compliance; and

(3)   recover attorney's fees and court costs, if successful.

(H)   An agency that knowingly and wilfully violates this section is subject to an administrative fine up to one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the departmentDepartment of Consumer Affairs.

(I)   If the agency provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."

B.   This SECTION is effective on July 1, 2009. /

Amend the bill further, Section 16-13-510(B) as found in SECTION 8, page 26, line 29 by deleting / willingly / and inserting   / wilfully /.

Amend the bill further, Section 16-13-510(D) as found in SECTION 8, page 27, by deleting lines 26 and 27 and inserting:

/     (4)   other numbers or information which may be used to access a person's financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual. /

Amend the bill further, Section 30-2-310(C) and (D) as found in SECTION 3.A., by deleting Section 30-2-310(C) and (D) in its entirety and inserting:

/   (C)   When a public body disposes of a record that contains personal identifying information of an individual, the body shall modify, by shredding, erasing, or other means, the personal identifying information to make it unreadable or undecipherable.

(D)   A public body is considered to comply with subsection (C) if it contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the body in accordance with subsection (C). /

Amend the bill further, as and if amended, Section 37-20-160(G) as found in SECTION 2, by deleting Section 37-20-160(G) in its entirety and inserting:

/   (G)(1)   On a request by a consumer electronically, in writing, or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided pursuant to subsection (C)(2), a consumer reporting agency shall remove a security freeze not later than the third business day after the date the agency receives the request at a point designated by the agency to receive the request.

(2)(a)   On a request by a consumer electronically or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided pursuant to subsection (C)(2), a consumer reporting agency, within fifteen minutes of receiving the request, shall lift the security freeze temporarily for a:

(i)     certain properly designated period; or

(ii)   certain properly identified requester.

(b)   It is not a violation of this item if the consumer reporting agency is prevented from timely lifting the freeze by an act of God, a fire, a storm, an earthquake, an accident, or other event beyond the agency's control. /

Amend the bill further, as and if amended, Section 37-20-170(D) as found in SECTION 2, by deleting Section 37-20-170(D) in its entirety and inserting:

/   (D)   In addition to all other penalties that may be imposed, a consumer credit reporting agency or other person that knowingly and willfully violates a provision of this chapter is liable for three times the amount of actual damages or five three thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs. /

Amend the bill further, as and if amended, Section 37-70-170(E) as found in SECTION 2, page 12, line 6, by deleting / three / and inserting / one /.

Amend the bill further, as and if amended, Section 37-70-170(F) as found in SECTION 2, page 12, line 16, by deleting / security freeze is imposed / and inserting /   inaccurate information is removed from consumer's record /.

Amend the bill further, as and if amended, Section 37-20-200, as found in SECTION 2, page 15, line 12, by deleting / 37-2-160   / and inserting /   37-20-160   /.

Amend the bill further, as and if amended, Section 37-20-200(B), as found in SECTION 2, by deleting Section 37-20-200(B) in its entirety and inserting:

/   (B)   In addition to all other penalties that may be imposed, a consumer credit reporting agency or other person that negligently violates this chapter is liable for the greater of actual damages or not more than one thousand dollars for each incident, as well as and reasonable attorney's fees and costs. /

Amend the bill further, as and if amended, Section 37-20-200, as found in SECTION 2, page 15, by adding an appropriately numbered section to read:

/     ( )   Damages provided by this section do not apply to Section 37-20-170.   /

Amend the bill further, as and if amended, SECTION 7, as found on page 24, by deleting SECTION 7 in its entirety and inserting:

/ SECTION   7.A.   Chapter 1 of Title 39 of the 1976 Code is amended by adding:

"Section 39-1-90.   (A)   A person conducting business in this State, and owning or licensing computerized data that includes personal identifying information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose personal identifying information that was not rendered unusable through encryption, redaction, or other methods was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(B)   A person conducting business in this State and maintaining computerized data that includes personal identifying information that the person does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.

(C)   The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.

(D)   For purposes of this section:

(1)   'Breach of the security of the system' means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.

(2)   'Person' has the same meaning as in Section 37-20-110(10).

(3)   'Personal identifying information' has the same meaning as 'personal identifying information' in Section 16-13-510(D).

(E)   The notice required by this section may be provided by:

(1)   written notice;

(2)   electronic notice, if the person's primary method of communication with the individual is by electronic means or is consistent with the provisions regarding electronic records and signatures in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 11 of the 1976 Code;

(3)   telephonic notice;

(4)   substitute notice, if the person demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the person has insufficient contact information. Substitute notice consists of:

(a)   e-mail notice when the person has an e-mail address for the subject persons;

(b)   conspicuous posting of the notice on the web site page of the person, if the person maintains one;

(c)   notification to major statewide media.

(F)   Notwithstanding subsection (E), a person that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if the person notifies subject persons in accordance with its policies in the event of a breach of security of the system.

(G)   A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:

(1)   institute a civil action to recover damages; in case of a willful and knowing violation;

(2)   institute a civil action that must be limited to actual damages resulting from a violation in case of a negligent violation of this section;

(2)(3)   seek an injunction to enforce compliance; and

(3)(4)   recover attorney's fees and court costs, if successful.

(H)   A person who knowingly and wilfully violates this section is subject to an administrative fine in the amount of one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the departmentDepartment of Consumer Affairs.

(I)   This section does not apply to a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act.

(J)   A financial institution that is subject to and in compliance with the federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice, issued March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, as amended, is considered to be in compliance with this section.

(K)   If a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."

B.   This SECTION is effective on July 1, 2009. /

Amend the fill further, as and if amended, SECTION 12, as found on page 28, by deleting SECTION 12 in its entirety and inserting:

/ SECTION   12.   Except as otherwise provided herein, this act is effective December 31, 2008. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House, as amended.

S. 795 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES-FOLLY REACH IN CHARLESTON HARBOR "ADMIRAL BENNIS SHUTES-FOLLY REACH".

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator GROOMS proposed the following amendment (795R001.LKG), which was adopted:

Amend the concurrent resolution, as and if amended, by striking the concurrent resolution in its entirety and inserting:

REQUESTING THAT THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) RENAME SHUTES-FOLLY REACH IN CHARLESTON HARBOR FOR THE LATE REAR ADMIRAL RICHARD E. BENNIS.

Whereas, Rear Admiral Richard E. Bennis was born in Syracuse, New York, on December 21, 1949; and

Whereas, in 1972, he obtained his Bachelor of Science degree in Natural Resource Development from the University of Rhode Island and received his master's degree in Energy and Environmental Policy in 1983 at Harvard University; and

Whereas, Rear Admiral Bennis received his commission as Ensign from the Coast Guard Officer Candidate School in Yorktown, Virginia, in June of 1972; and

Whereas, during his long, rewarding career in the Coast Guard, he served as Captain of the Port of three of the largest container ports in the country. He served as Commander of the Coast Guard Marine Safety Office and Captain of the Port of Charleston from 1991 until 1995; and

Whereas, Rear Admiral Bennis was the recipient of many awards and accolades during his storied career with the Coast Guard including: four Coast Guard Meritorious Service Medals with the Operational Distinguishing Device, three Coast Guard Commendation Medals, the Coast Guard Achievement Medal, four Meritorious Team Awards, and three Coast Guard Special Operations Service Medals; and

Whereas, he oversaw safety issues when the Kapitan Martinovic was stranded in Charleston Harbor in December 1992, and during his tenure as Captain of the Port for New York and New Jersey, he organized the mass evacuation of more than five hundred thousand people from lower Manhattan following the terrorist attacks of September 11, 2001; and

Whereas, following his retirement in 2002, this dedicated patriot further served his nation as the Associate Undersecretary for Maritime and Land Security for the United States Transportation Security Administration, a division of the Homeland Security Department; and

Whereas, this country certainly lost a great patriot and public servant on August 3, 2003, when Rear Admiral Bennis lost his battle with brain cancer. He is survived by his wife, the former Gloria Smith of Rhode Island, and together they boasted three grown children and one grandchild; and

Whereas, the life of Rear Admiral Richard E. Bennis, a lifelong servant of his fellow countrymen, serves as a shining example of what it means to be a true American, and it is fitting for the South Carolina General Assembly to support the renaming of the Shutes-Folly Reach in Charleston Harbor to the Rear Admiral Richard E. Bennis Reach. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the National Oceanic and Atmospheric Administration (NOAA) rename Shutes-Folly Reach in Charleston Harbor for the late Rear Admiral Richard E. Bennis.     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was ordered returned to the House of Representatives, as amended.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 333 (Word version) -- Senators Fair and Knotts: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS, AND TO PROVIDE THAT THE OFFENDER MUST BEAR THE COST OF WEARING AND MONITORING THE DEVICE.

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

Senator FAIR explained the Bill.

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

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was removed as a co-sponsor of S. 333.

H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

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

Senator MARTIN spoke on the Bill.

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

On motion of Senators PEELER, GREGORY, HAYES, SHORT, ALEXANDER, ANDERSON, BRYANT, CAMPBELL, CAMPSEN, CEIPS, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GROOMS, HAWKINS, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MASSEY, MATTHEWS, McCONNELL, McGILL, O'DELL, PATTERSON, PINCKNEY, RANKIN, REESE, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, THOMAS, VAUGHN, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. J.R. "Dick" Richardson of York, S.C., beloved husband of our friend and colleague, former Representative and Employment Security Commissioner, Rebecca "Becky" Richardson.

At 3:30 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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