Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:15 P.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 Psalmist writes:

"O Lord, you have searched me and known me. You know when I sit down and when I rise up; you discern my thoughts from far away."
(Psalm 139:1-2)

Join me as we pray, please:
  Indeed, Glorious Lord, You know each and every one of us so very well: our thoughts, our actions, our yearnings. May it always be, dear God, that what You know of us is this: that we do strive to be Your servants here in the Senate of South Carolina, and that we do ask Your richest blessings upon what we strive to accomplish here-for the betterment of everyone in this State, of course, and, even more so, to Your richest glory. We pray this in Your holy name, dear Lord. Amen.

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

Senator MASSEY introduced Dr. Benjamin Nicholson of Edgefield, S.C., Doctor of the Day.

At 2:05 P.M., Senator VAUGHN requested a leave of absence from the Senate for the next six weeks of the legislative session.

At 2:30 P.M., Senator RITCHIE requested a leave of absence for the balance of the day.

Senator KNOTTS rose for an Expression of Personal Interest.

Senator PATTERSON rose for an Expression of Personal Interest.

The following co-sponsor was added to the respective Bill:
S. 1033 (Word version)     Sen. Campsen

The following Senator was removed as a co-sponsor of the respective Bill:
S. 687 (Word version)     Sen. Matthews

The following were introduced:

S. 1178 (Word version) -- Senators Setzler, Ceips and Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND DR. DAVID A. DONGES FOR HIS OUTSTANDING LEADERSHIP AS BISHOP OF THE SOUTH CAROLINA SYNOD, EVANGELICAL LUTHERAN CHURCH IN AMERICA (ELCA); TO EXPRESS PROFOUND THANKS AND APPRECIATION FOR HIS DEEP COMMITMENT, STEADFAST EFFORTS, AND NOTABLE ACHIEVEMENTS AS THAT SYNOD'S CHIEF PASTOR; AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1179 (Word version) -- Senator Knotts: A SENATE RESOLUTION MEMORIALIZING THE GOVERNOR TO REQUEST AN EXTENSION FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR THIS STATE'S COMPLIANCE WITH THE FEDERAL "REAL ID" REQUIREMENTS FOR SOUTH CAROLINA DRIVER'S LICENSES AND IDENTIFICATION CARDS.
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Senator KNOTTS spoke on the Resolution.

Senator MARTIN rose for an Expression of Personal Interest.

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

Senator RYBERG objected.

The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 1180 (Word version) -- Senators Leatherman and Knotts: A BILL TO AMEND SECTION 8-13-1314, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROVIDE CLOSELY HELD BUSINESS ENTITIES UNDER SHARED CONTROL MUST BE HELD TO A SINGLE, MAXIMUM AGGREGATE CAMPAIGN CONTRIBUTION LIMIT.
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Senator LEATHERMAN spoke on the Bill.

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

S. 1181 (Word version) -- Senators Matthews, Drummond, Land, Leventis, Patterson, McGill, Reese, Ford, Jackson, Short, Hutto, Anderson, Pinckney, Malloy, Sheheen, Lourie, Williams and Elliott: A JOINT RESOLUTION TO DIRECT THE STATE BUDGET AND CONTROL BOARD CHIEF INFORMATION OFFICER AND THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO PROVIDE A WIRELESS CLOUD OVER ALL PUBLIC SCHOOL FACILITIES AND OVER A TEN-MILE RADIUS SURROUNDING THE FACILITIES USING EXISTING INFRASTRUCTURE.
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Read the first time and referred to the Committee on Judiciary.

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES, AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.
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Read the first time and referred to the Committee on Transportation.

S. 1183 (Word version) -- Senators Ritchie, Ford and Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1184 (Word version) -- Senators Elliott, Anderson, Peeler, Leatherman, Ford, McGill, Malloy, Drummond, Hutto, Cleary, Short, Campbell, Setzler, Sheheen, Ryberg, Scott, Massey, Williams, Patterson, Lourie, Matthews, Cromer, Gregory, O'Dell, Alexander, Ceips, Land, Bryant, Fair, Martin, Thomas, McConnell and Campsen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR REAL ESTATE BROKER RICK ELLIOTT, OF HORRY COUNTY FOR HIS ACHIEVEMENTS IN THE REAL ESTATE INDUSTRY, AND TO CONGRATULATE THE EMPLOYEES OF HIS COMPANY, ELLIOTT REALTY, FOR BEING NAMED ONE OF THE TOP TEN COMPANIES NATIONWIDE FOR EXCEPTIONAL PERFORMANCE IN THEIR DIVISION DURING 2007.
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The Senate Resolution was adopted.

S. 1185 (Word version) -- Senator Cromer: A SENATE RESOLUTION COMMEMORATING THE FIRST GRADUATING CLASS OF THE UNIVERSITY OF SOUTH CAROLINA IN DECEMBER OF 1807, ALL FIVE MEMBERS OF WHICH WERE FROM NEWBERRY COUNTY, AND RECOGNIZING THE UNIVERSITY'S TWO HUNDRED YEARS AS GATEKEEPER TO EDUCATIONAL AND ECONOMIC SUCCESS FOR HUNDREDS OF THOUSANDS OF SOUTH CAROLINIANS.
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The Senate Resolution was adopted.

S. 1186 (Word version) -- Senators Hayes, Ceips, Knotts, Setzler, Bryant, Scott and Campbell: A BILL TO AMEND SECTION 11-11-156, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REIMBURSEMENTS FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO PROVIDE THAT FROM THE TOTAL TIER THREE REIMBURSEMENT INCREASES ATTRIBUTABLE TO POPULATION INCREASES, A SCHOOL DISTRICT MUST RECEIVE AN AMOUNT REFLECTING THE PROPORTION THAT THE POPULATION INCREASE OF THAT PARTICULAR SCHOOL DISTRICT IS OF STATEWIDE POPULATION GROWTH BUT NOT LESS THAN THE AMOUNT IT RECEIVED PURSUANT TO THIS CALCULATION FOR THE PRIOR YEAR.
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Read the first time and referred to the Committee on Finance.

S. 1187 (Word version) -- Senators Lourie, Bryant, Short, Elliott, Thomas, Campbell, Verdin, Cromer, Matthews, Scott, Hayes and Ceips: A BILL TO AMEND SECTION 43-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITIONS OF "INVESTIGATIVE ENTITY" AND "NEGLECT"; TO AMEND SECTION 43-35-40, AS AMENDED, RELATING TO REQUIREMENTS OF AN INVESTIGATIVE ENTITY UPON RECEIVING A REPORT OF ADULT ABUSE, SO AS TO FURTHER SPECIFY AND CLARIFY PROCEDURES FOR REPORTING CASES IN WHICH THERE IS A REASONABLE SUSPICION OF CRIMINAL CONDUCT; AND TO AMEND SECTION 43-35-85, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR FAILING TO REPORT ADULT ABUSE WHEN REQUIRED TO REPORT, SO AS TO DELETE PROVISIONS AUTHORIZING DISCIPLINARY ACTION WHEN A PERSON WHO HAS REASON TO BELIEVE THAT ABUSE OCCURRED FAILS TO REPORT AND TO ESTABLISH CRIMINAL PENALTIES IF A CAREGIVER, DUE TO RECKLESS DISREGARD FOR THE HEALTH OR SAFETY OF A VULNERABLE ADULT, NEGLECTS OR CAUSES GREAT BODILY INJURY OR DEATH TO A VULNERABLE ADULT.
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Read the first time and referred to the Committee on Judiciary.

S. 1188 (Word version) -- Senators Jackson, Matthews, Patterson, Elliott, Anderson, Malloy and Campbell: A BILL TO AMEND SECTION 59-65-10 OF THE 1976 CODE, RELATING TO MANDATORY SCHOOL ATTENDANCE, TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL THE CHILD ATTAINS THE AGE OF EIGHTEEN, GRADUATES FROM HIGH SCHOOL, OR RECEIVES A HIGH SCHOOL EQUIVALENCY DIPLOMA, AND TO AMEND CHAPTER 7, TITLE 20, TO PROVIDE THAT A CHILD CAN BE CONVICTED OF TRUANCY UNTIL THE CHILD REACHES EIGHTEEN YEARS OF AGE.
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Read the first time and referred to the Committee on Judiciary.

S. 1189 (Word version) -- Senators Patterson, Jackson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-60 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNING AUTHORITY MAY COLLECT FINES ASSOCIATED WITH PARKING CITATIONS ISSUED TO OWNERS OF RENTAL AUTOMOBILES AND VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 1190 (Word version) -- Senators Patterson, Jackson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2600 SO AS TO PROVIDE A PROCEDURE WHEREBY A LOCAL GOVERNING AUTHORITY MAY COLLECT FINES ASSOCIATED WITH PARKING CITATIONS ISSUED TO VEHICLE OWNERS.
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Read the first time and referred to the Committee on Transportation.

H. 3395 (Word version) -- Reps. Funderburk, Toole, Stavrinakis and Sandifer: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

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

H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.

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

H. 3906 (Word version) -- Reps. Witherspoon and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.

Read the first time and referred to the Committee on Medical Affairs.

H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL REPRESENTATIVES" IN CONNECTION WITH FORMAL PROCEEDINGS FOR THEIR APPOINTMENT.

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

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

Read the first time and referred to the Committee on Medical Affairs.

H. 4345 (Word version) -- Reps. W. D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-515 SO AS TO PROVIDE THAT UNDER THE STATE REVENUE APPEALS PROCEDURE, A TAXPAYER IS CONSIDERED TO HAVE EXHAUSTED HIS PREHEARING REMEDY WHEN THE DEPARTMENT OF REVENUE FAILS TO ISSUE A PROPOSED ASSESSMENT OR DETERMINATION WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE TAXPAYER MUST REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT MAY REMAND THE CASE TO THE DEPARTMENT OF REVENUE FOR A PROPOSED ASSESSMENT, DETERMINATION ON A REFUND CLAIM, OR FINAL AGENCY DETERMINATION, IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TAXPAYER MAY REQUEST THE ADMINISTRATIVE LAW COURT PLACE THE CONTESTED CASE BACK ON THE COURT'S ACTIVE DOCKET WITHIN A SPECIFIED PERIOD, AND TO REQUIRE THE DEPARTMENT OF REVENUE NOTIFY A TAXPAYER WHO FILES A WRITTEN PROTEST UNDER THIS CHAPTER OF HIS RIGHTS UNDER THIS SECTION.

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

H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

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

H. 4767 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4770 (Word version) -- Reps. Miller and Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF THE PORT OF GEORGETOWN AND SUPPORT FUTURE EFFORTS BY GEORGETOWN COUNTY AND THE SOUTH CAROLINA STATE PORTS AUTHORITY TO GROW CARGO VOLUMES FOR THE ECONOMIC BETTERMENT OF THE COMMUNITY AND STATE.

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

H. 4805 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 21, 2008, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, TO FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2016.

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

H. 4809 (Word version) -- Reps. Hart, 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, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF HENRY ELIAS FRASIER, OF RICHLAND COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY, CHURCH, MANY FRIENDS, AND COMMUNITY.

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

Senator MALLOY from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 80 (Word version) -- Senators Knotts, Cromer, McConnell, Vaughn, Mescher, Fair and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THE OWNER OF REAL PROPERTY IS NOT LIABLE IN A CIVIL ACTION TO A PERSON WHO TRESPASSES ON HIS PROPERTY OR WHO IS NOT LAWFULLY PRESENT ON THE PROPERTY AND WHO IS INJURED IN AN ACCIDENT WHILE ON THE PROPERTY, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

Ordered for consideration tomorrow.

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

S. 500 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE CIVIL LIABILITY IMMUNITY FOR A LOSS RESULTING FROM CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-90, RELATING TO INTERNAL DOCUMENTS OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO CLARIFY THAT AN ACTION MAY NOT BE BROUGHT BASED ON CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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 DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.

Ordered for consideration tomorrow.

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

S. 865 (Word version) -- Senators Alexander, O'Dell, Short and Knotts: A BILL TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THESE REQUIREMENTS TO REFLECT THE EXEMPTION FROM MILLAGE IMPOSED FOR SCHOOL OPERATIONS FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND THE AMOUNT REIMBURSED THE SCHOOL DISTRICT FROM THE HOMESTEAD EXEMPTION FUND FOR THAT EXEMPTION AND TO REFLECT ANY CREDIT AGAINST THE PROPERTY TAX LIABILITY FOR COUNTY OPERATIONS ON OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO EXCESS BALANCES IN THE HOMESTEAD EXEMPTION FUND.

Ordered for consideration tomorrow.

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

S. 967 (Word version) -- Senators Gregory and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION THAT HAS BEEN ORGANIZED AND OPERATING IN THE STATE OF SOUTH CAROLINA FOR FIVE YEARS PRIOR TO IMPLEMENTATION AND IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.

Ordered for consideration tomorrow.

Senator MALLOY from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 1055 (Word version) -- Senators McConnell, Ford, Martin, Fair, Hayes, Setzler, Campsen and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF BAIL, SO AS TO AUTHORIZE THE DENIAL OF BAIL TO A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL AND WHOSE BAIL IS REVOKED OR FORFEITED FOR VIOLATING A CONDITION OF RELEASE.

Ordered for consideration tomorrow.

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

S. 1061 (Word version) -- Senators Williams, Scott, Malloy, Ford, Land, Elliott, Ceips, Grooms, Cromer, Hutto, McGill, Campbell, Anderson, Matthews, Bryant and Drummond: A BILL TO AMEND SECTION 50-11-1260 OF THE 1976 CODE, RELATING TO THE CONTINUED RELEASE OF PEN-RAISED MALLARDS AND TURKEYS PURSUANT TO A LICENSE IN EFFECT AS OF DECEMBER 31, 2005, TO PROVIDE THAT THE LICENSE MAY BE TRANSFERRED BY THE LICENSEE AT HIS DISCRETION BY SALE, WILL, INTESTACY, OR ANY OTHER LEGAL MEANS.

Ordered for consideration tomorrow.

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

S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY EXEMPTING THE LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM.

Ordered for consideration tomorrow.

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

S. 1120 (Word version) -- Senator Land: A BILL TO PROVIDE THAT FROM JUNE 1, 2008, TO SEPTEMBER 30, 2008, A NON-RESIDENT MAY OBTAIN A LIFETIME COMBINATION LICENSE FROM THE DEPARTMENT OF NATURAL RESOURCES UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

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

S. 1151 (Word version) -- Senators Gregory, Hutto, Ford, Cleary and Campbell: A BILL TO AMEND SECTIONS 16-19-10, 16-19-20, AND 16-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTING UP OF LOTTERIES, THE ADVENTURING OF LOTTERIES, AND THE SELLING OF LOTTERY TICKETS, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NO MORE THAN FOUR TIMES A YEAR BY A FEDERALLY TAX EXEMPT ORGANIZATION THAT HAS BEEN OPERATING IN SOUTH CAROLINA FOR A MINIMUM OF FIVE YEARS AND IN WHICH ALL RAFFLE PROCEEDS EXCEPT THE COST OF PRIZES AND PRINTING OF TICKETS ARE USED FOR TAX EXEMPT PURPOSES OF THE ORGANIZATION SHALL NOT BE A LOTTERY.

Ordered for consideration tomorrow.

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

H. 4547 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL. VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.

Ordered for consideration tomorrow.

Columbia, S.C., March 4, 2008

Mr. President and Senators:

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

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 5, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

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.
Very respectfully,
Speaker of the House

Received as information.

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.

On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 360 and asked for a Committee of Conference.

Whereupon, Senators HUTTO, RYBERG and GROOMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 1166 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING FRANCES LAVINIA PEEBLES BYARS ON THE OCCASION OF HER NINETIETH BIRTHDAY AND THANKING HER FOR HER INSPIRATION, STRONG MORALS, HARD WORK, AND DEDICATION TO HER CHURCH AND COMMUNITY THROUGHOUT THE YEARS.

Returned with concurrence.

Received as information.

S. 1177 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR THE SEVENTEEN MEMBERS OF THE UNITED STATES ARMED SERVICES FROM SOUTH CAROLINA OR WITH TIES TO SOUTH CAROLINA WHO HAVE DIED IN THE WARS IN IRAQ AND AFGHANISTAN IN 2007, AND TO THANK LIEUTENANT GOVERNOR ANDRÉ BAUER FOR HIS EFFORTS IN GIVING EACH THE PALMETTO PATRIOT AWARD.

Returned with concurrence.

Received as information.

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

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

H. 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.

Senator HUTTO explained the Bill.

The following House Bills were read the third time and ordered returned to the House with amendments:

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.

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

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.

By prior motion of Senator WILLIAMS

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.

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.

Senator HAYES explained the Bill.

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.

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.

Senator O'DELL explained the Bill.

S. 1053 (Word version) -- Senators McConnell, Ford, Campsen, Malloy and Knotts: 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.

Senator MALLOY explained the Bill.

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.

Senator GREGORY explained the Resolution.

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

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.

Senator O'DELL explained the Bill.

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.

S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.

S. 1176 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3155, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 965 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 59-24-60 OF THE 1976 CODE, RELATING TO A SCHOOL OFFICIAL'S DUTY TO CONTACT LAW ENFORCEMENT, TO PROVIDE THAT A SCHOOL ADMINISTRATOR AND A SCHOOL RESOURCE OFFICER MAY RELEASE THAT PORTION OF A STUDENT'S EDUCATION RECORDS THAT RELATES TO CRIMINAL GANG ACTIVITY TO LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.

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

Senator HAYES proposed the following amendment (965R002.JEC), which was adopted:

Amend the committee amendment, as and if amended, SECTION 1, by striking subsection (B)(1) and inserting:

/   "(B)(1)   To the extent permitted by federal law, a school administrator, teacher, or school district employee that has regular contact with students on school grounds, may release information regarding a student, including the relevant portion of a student's education records, that relates to criminal gang activity to the school's resource officer, or if the resource officer is not available, to any state or local law enforcement agency. The resource officer or law enforcement agency that receives the information shall utilize the information or education records to aid in the effort to disassociate the student and other students from criminal gangs. If the information released is part of the student's education records, the information must be utilized to aid the Department of Juvenile Justice in its ability to effectively serve the student, and the resource officer or law enforcement agency must certify in writing to the educational institution releasing the education records that the record will not be disclosed to any party not involved with law enforcement. This section shall not be construed to limit the school or school resource officer's ability to release student records as allowed by federal law."     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the perfecting amendment.

The amendment was adopted.

The Committee on Education proposed the following amendment (965R001.JEC), which was adopted:

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

/   SECTION   1.   Section 59-24-60 of the 1976 Code is amended to read:

"Section 59-24-60.   (A)   In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.

(B)(1)   To the extent permitted by federal law, a school administrator, teacher, or school district employee who has regular contact with students on school grounds may disclose information regarding a student that relates to criminal gang activity with the school resource officer assigned to the school, or if a school resource officer is not available, any state or local law enforcement agency. If the information is part of the student's educational record as defined by federal law, the school resource officer is subject to the confidentiality provisions of federal law. The school resource officer that receives the information about the student shall utilize the information to aid in the effort to disassociate the student and other students from criminal gangs. This section shall not be construed to limit the school or school resource officer's ability to release student records as allowed by federal law.

(2)   To the extent permitted by federal law, a school resource officer may release any portion of the law enforcement records that the school resource officer maintains for the purpose of law enforcement, to a state or local law enforcement agency.

(3)   For purposes of this section, 'education records' has the same meaning as in 20 U.S.C. 1232g."

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

Renumber sections to conform.

Amend title to conform.

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. 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 IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, 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, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.

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

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.

S. 1063 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.

Senator MARTIN explained the Bill.

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

S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.

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

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.

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

Senator MALLOY proposed the following amendment (JUD1056.003), which was adopted:

Amend the bill, as and if amended, page 4, as contained in SECTION 2, Section 20-7-8305(A)(1), by striking lines 3-12 in their entirety and inserting the following:

/   into aftercare. Before a juvenile is conditionally released, the juvenile must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the juvenile's person, any vehicle the juvenile owns or drives, and any of the juvenile's possessions by: (1) the juvenile's aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. A juvenile must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. A juvenile must not be conditionally released by the parole board if he fails to comply with this provision."     /

Amend the bill further, as and if amended, page 4, as contained in SECTION 3, Section 20-7-8320(A), by striking lines 26-37 in their entirety and inserting the following:

/   or conditions of release. The conditions of release must include the requirement that the juvenile parolee must permit the search or seizure with or without a search warrant and with or without cause of the juvenile parolee's person, any vehicle the juvenile parolee owns or drives, and any of the juvenile parolee's possessions by: (1) his aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. A juvenile parolee must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment."   /

Amend the bill further, as and if amended, page 5, as contained in SECTION 4, Section 24-19-110, by striking lines 1-25 in their entirety and inserting the following:

/   supervision a committed youthful offender. Before a youthful offender may be conditionally released, the youthful offender must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the youthful offender's person, any vehicle the youthful offender owns or drives, and any of the youthful offender's possessions by: (1) his supervisory agent; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. A youthful offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. A youthful offender must not be conditionally released by the division if he fails to comply with this provision.

When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision, he shall so report and recommend to the division. The conditions of release must include the requirement that the youthful offender must permit the search or seizure with or without a search warrant and with or without cause of the youthful offender's person, any vehicle the youthful offender owns or drives, and any of the youthful offender's possessions by: (1) his supervisory agent; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. A youthful offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment.     /

Amend the bill further, as and if amended, page 6, as contained in SECTION 5, Section 24-13-710, by striking lines 9-37 in their entirety and inserting the following:

/   Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. An inmate must not be granted supervised furlough if he fails to comply with this provision.

The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal.

The conditions for participation must include the requirement that the offender must permit the search or seizure with or without a search warrant and with or without cause of the offender's person, any vehicle the offender owns or drives, and any of the offender's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An offender must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment.     /

Amend the bill further, as and if amended, pages 7 and 8, as contained in SECTION 6, Section 24-13-720, by striking on page 7, lines 36-43, and on page 8, lines 1-17 in their entirety and inserting the following:

/   condition of the program. Before an inmate may be released on supervised furlough, the inmate must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. An inmate must not be granted supervised furlough if he fails to comply with this provision. The conditions for participation must include the requirement that the offender must permit the search or seizure with or without a search warrant and with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. No inmate otherwise eligible under the provisions of this section for placement with the program may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with the program."     /

Amend the bill further, as and if amended, page 8, as contained in SECTION 7, subsection (D) of Section 24-13-1330, by striking lines 34-42 in their entirety and inserting the following:

/   Before an inmate may be released on parole, the inmate must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. A shock incarceration inmate must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. A shock incarceration inmate must not be granted parole release by the department if he fails to comply with this provision.     /

Amend the bill further, as and if amended, page 9, as contained in SECTION 7, subsection (E) of Section 24-13-1330, by striking lines 1-15 in their entirety and inserting the following:

/   (E)   An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release if the inmate has executed the agreements described in subsection (D) of this section. The conditions of parole must include the requirement that the parolee must permit the search or seizure with or without a search warrant and with or without cause of the parolee's person, any vehicle the parolee owns or drives, and any of the parolee's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. A parolee must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant and with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment."     /

Amend the bill further, as and if amended, page 9, as contained in SECTION 8, Section 24-21-410, by striking lines 26-36 in their entirety and inserting the following:

/   of clemency. Before a defendant may be placed on probation, he must agree in writing to be subject to a search or seizure with or without a search warrant, based on reasonable suspicions of the law enforcement officer or the probation officer of the defendant's person, any vehicle the defendant owns or drives, and any of the defendant's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer under the supervision of the Department of Probation, Parole and Pardon Services. A defendant must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant, based on reasonable suspicions. A defendant must not be placed on probation by the court if he fails to comply with this provision and instead shall be required to serve the suspended portion of the defendant's sentence."   /

Amend the bill further, as and if amended, page 10, as contained in SECTION 9, Section 24-21-430, by striking lines 1-16 in their entirety and inserting the following:

/   condition not prohibited in this section; however, the conditions imposed must include the requirement that the probationer must permit the search or seizure with or without a search warrant, based on reasonable suspicions of the law enforcement officer or the probation officer of the probationer's person, any vehicle the probationer owns or drives, and any of the probationer's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer under the supervision of the Department of Probation, Parole and Pardon Services. A probationer must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant, based on reasonable suspicions. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions."     /

Amend the bill further, as and if amended, page 10, as contained in SECTION 10, Section 24-21-560(B), by striking lines 27-38 in their entirety and inserting the following:

/   developed by the director; however, the conditions of participation must include the requirement that the offender must permit the search or seizure with or without a search warrant based on reasonable suspicions of the law enforcement officer or the probation officer of the offender's person, any vehicle the offender owns or drives, and any of the offender's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer under the supervision of the Department of Probation, Parole and Pardon Services. An offender must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant, based on reasonable suspicions. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment. A /

Amend the bill further, as and if amended, page 11, as contained in SECTION 11, Section 24-21-640, by striking lines 15-23 in their entirety and inserting the following:

/   Before an inmate may be released on parole, he must agree in writing to be subject to search or seizure with or without a search warrant and with or without cause of the inmate's person, any vehicle the inmate owns or drives, and any of the inmate's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. An inmate must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant, with or without cause. An inmate must not be granted parole release by the board if he fails to comply with this provision.   /

Amend the bill further, as and if amended, page 12, as contained in SECTION 12, Section 24-21-645, by striking lines 17-27 in their entirety and inserting the following:

/   The conditions of parole must include the requirement that the parolee must permit the search or seizure with or without a search warrant and with or without cause of the parolee's person, any vehicle the parolee owns or drives, and any of the parolee's possessions by: (1) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (2) any other law enforcement officer. A parolee must also agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search and seizure with or without a search warrant, with or without cause. By enacting this provision, the General Assembly intends to provide law enforcement with a means of reducing recidivism and does not authorize law enforcement officers to conduct searches for the sole purpose of harassment.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

On motion of Senator SHORT, with unanimous consent, the Bill was carried over, as amended.

S. 462 (Word version) -- Senators Leatherman, Alexander and Verdin: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES; AND TO DELETE AN OBSOLETE PROVISION.

Senator ALEXANDER asked unanimous consent to recommit the Bill to the Committee on Finance.

There was no objection and the Bill was recommitted to the Committee on Finance.

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. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Senator CROMER desired to be recorded as voting against noncurrence in the House amendments.

At 3:21 P.M., Senator McCONNELL assumed the Chair.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 333 (Word version) -- Senator Fair: 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 proposed the following Amendment No. 1 (333R002.MLF), which was withdrawn:

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

/   SECTION 1.   Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2943.   (A)   For purposes of this section:

(1)   'continuous remote alcohol monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting the recorded data to the appropriate law enforcement or probation authority; and

(2)   'on-demand alcohol monitoring device' means a device capable of testing and recording alcohol consumption levels on-demand and automatically or periodically transmitting the recorded data to the appropriate law enforcement or probation authority.

(B)   The Department of Probation, Parole and Pardon Services must develop and operate an alcohol monitoring device program. The alcohol monitoring device program may utilize continuous remote alcohol monitoring devices or on-demand alcohol monitoring devices, or both.

(C)   As a condition of probation for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other penalties imposed by the court, a person may be required to wear or use an alcohol monitoring device. If the court finds that the person's blood alcohol concentration is eight one-hundredths of one percent or more while wearing or using the device, then the person may be deemed to have violated the terms of his probation. In addition to any other penalties imposed by the court on the person as a result of violating his probation, the court may suspend the person's driver's license for up to an additional twelve months. The court must notify the Department of Motor Vehicles of any additional license suspension pursuant to Section 56-5-2970. A person on probation required to wear or use an alcohol monitoring device pursuant to this section shall periodically report to probation authorities for the purpose of verifying that the alcohol monitoring device is operating correctly.

(D)   The department may collect reasonable fees from a person required to wear or use an alcohol monitoring device. The fees collected must be used to offset the costs associated with the alcohol monitoring device program. If a person required to wear or use an alcohol monitoring device is determined to be indigent by the court and cannot afford to pay the fees, the court may order the fees be waived."

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

On motion of Senator FAIR, with unanimous consent, Amendment No. 1 was withdrawn.

Senator FAIR proposed the following Amendment No. 2 (333R004.MLF), which was adopted:

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

/   SECTION 1.   Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2943.   (A)   For purposes of this section:

(1)   'continuous remote alcohol monitoring device' means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting the recorded data to the appropriate law enforcement or probation authority; and

(2)   'on-demand alcohol monitoring device' means a device capable of testing and recording alcohol consumption levels on-demand and automatically or periodically transmitting the recorded data to the appropriate law enforcement or probation authority.

(B)   The Department of Probation, Parole and Pardon Services must develop and operate an alcohol monitoring device program. The alcohol monitoring device program may utilize continuous remote alcohol monitoring devices or on-demand alcohol monitoring devices, or both.

(C)   As a condition of probation for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, and in addition to any other penalties imposed by the court, a person may be required to abstain from alcohol consumption for not less than thirty days and not more than sixty days verified by an alcohol monitoring device. If the court finds that the person has failed to abstain from alcohol consumption for the specified time period, then the person may be deemed to have violated the terms of his probation. In addition to any other penalties imposed by the court on the person as a result of violating his probation, the court may suspend the person's driver's license for up to an additional twelve months. The court must notify the Department of Motor Vehicles of any additional license suspension pursuant to Section 56-5-2970. A person on probation required to wear or use an alcohol monitoring device pursuant to this section shall periodically report to probation authorities for the purpose of verifying that the alcohol monitoring device is operating correctly.

(D)   The department may collect reasonable fees from a person required to wear or use an alcohol monitoring device. The fees collected must be used to offset the costs associated with the alcohol monitoring device program. If a person required to wear or use an alcohol monitoring device is determined to be indigent by the court and cannot afford to pay the fees, the court may order the fees be waived."

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator FAIR moved that the amendment be adopted.

The amendment was adopted.

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

The Bill was returned to the status of Special Order.

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.

Senator KNOTTS proposed the following Amendment No. P-2 (JUD3427.006), which was adopted:

Amend the Judiciary Committee amendment, bearing document number JUD3427.002, as and if amended, by striking all after the enacting language and inserting therein the following:

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

"Section 20-1-110.   (A)   A common law marriage in this State must not be recognized after January 1, 2010, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of December 31, 2009.

(B)   Prior to January 1, 2010, the probate court shall waive the marriage license application fee for parties who are in a common law marriage as attested to in a form affidavit provided to the parties by the probate court."

SECTION   2.   Section 20-1-360 of the 1976 Code is repealed.

SECTION   3.   Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

The Judiciary Committee proposed the following amendment (JUD3427.002):

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

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

"Section 20-1-110.   (A)   A common law marriage in this State must not be recognized after July 1, 2008, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of June 30, 2008.

(B)   Prior to July 1, 2008, the probate court shall waive the marriage license application fee for parties who are in a common law marriage as attested to in a form affidavit provided to the parties by the probate court."

SECTION   2.   Section 20-1-360 of the 1976 Code is repealed.

SECTION   3.   Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN was recognized.

With Senator RANKIN retaining the floor, Senator HUTTO asked unanimous consent to make a motion that the Senate stand adjourned.

Senator MARTIN objected.

Senator RANKIN spoke on the committee amendment.

With Senator RANKIN retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.

At 5:09 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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