Indicates Matter Stricken
Indicates New Matter

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

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

Among the wisdom sayings in the book of Proverbs we read this:

"The fear of the Lord is the beginning of knowledge; fools despise wisdom and instruction."     (Proverbs 1:7)
  Pray with me, please:
  Holy God, allow each one of us to continue to learn, to grow, to add to our understanding of the world that surrounds us. It is a complex and challenging age we live in. More than ever do we all need to gain as much understanding as possible, recognizing always that basic reverence toward You, O God, is one of the entry points toward the very knowledge we need to demonstrate. May that be so for each and every one of these Senators in this Chamber, always. In Your holy name we pray, dear Lord. Amen.

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

The following was received:
Document No. 3178
Agency: Budget and Control Board
SUBJECT: Data Reporting Requirements Pertaining to Submission of Ambulatory Encounter Data
Received by Lieutenant Governor January 17, 2008
Referred to Medical Affairs Committee
Withdrawn and Resubmitted March 12, 2008

Senator MASSEY introduced Dr. Anthony E. Harris of Aiken, S.C., Doctor of the Day.

The following were introduced:

S. 1203 (Word version) -- Senators Knotts, Malloy, Short, Elliott, McGill and Fair: A BILL TO AMEND CHAPTER 75, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-25 SO AS TO CREATE A CAUSE OF ACTION FOR ALIENATION OF AFFECTION.
l:\council\bills\ggs\22065ab08.doc

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

S. 1204 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 TO TITLE 38 SO AS TO ESTABLISH REQUIREMENTS FOR THE DEPARTMENT OF INSURANCE TO OBTAIN ACCESS TO CRIMINAL HISTORY INFORMATION AND SECURE REPORTS FROM THE FEDERAL BUREAU OF INVESTIGATION IN ORDER TO CHECK THE CRIMINAL HISTORY FOR CERTAIN APPLICANTS LICENSED BY THE DEPARTMENT.
l:\council\bills\dka\3785dw08.doc

Read the first time and referred to the Committee on Banking and Insurance.

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

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

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

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

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

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

H. 4804 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE ENOREE RIVER ALONG SOUTH CAROLINA HIGHWAY 56 IN LAURENS AND UNION COUNTIES "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE".

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

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

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

H. 4851 (Word version) -- Reps. Harvin, Kirsh, Cobb-Hunter, Jefferson, Jennings, Kennedy, McLeod, Ott, Williams, 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, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Kelly, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF ANN "TUNKY" YARBOROUGH RILEY, OF GREENVILLE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY, MANY FRIENDS, AND COMMUNITY.

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

H. 4858 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND ACHIEVEMENTS OF FRED DOUGLAS GARRETT, SR. OF GREENVILLE COUNTY AND TO EXPRESS APPRECIATION FOR HIS MANY YEARS OF SERVICE TO HIS COMMUNITY.

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

H. 4859 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF WACCAMAW HIGH SCHOOL IN GEORGETOWN COUNTY ON RECEIVING THE 2008 CAROLINA FIRST PALMETTO'S FINEST AWARD.

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

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

S. 1132 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN MATTERS RELATING TO INSURANCE, SO AS TO REDEFINE "ADMITTED ASSETS"; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS REQUIRED OF STOCK INSURERS, SO AS TO REQUIRE THE INSURER TO LIST THOSE THAT QUALIFY AS ADMITTED ASSETS ON THE INSURER'S MOST RECENT STATUTORY FINANCIAL STATEMENT FILED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-9-20, RELATING TO THE SURPLUS REQUIRED OF MUTUAL INSURERS, SO AS TO REQUIRE THE INSURER TO LIST THOSE THAT QUALIFY AS ADMITTED ASSETS ON THE INSURER'S MOST RECENT STATUTORY FINANCIAL STATEMENT FILED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-9-210, RELATING TO THE REDUCTION FROM LIABILITY FOR REINSURANCE, SO AS TO REQUIRE A SECURITY TO MEET CERTAIN REQUIREMENTS CONSISTENT WITH THE DEFINITION OF "ADMITTED ASSETS" AS DEFINED IN SECTION 38-1-20 AS AMENDED BY THIS ACT; TO AMEND SECTION 38-10-40, RELATING TO PROTECTED CELL ASSETS, SO AS TO DELETE THE AUTHORIZATION FOR ATTRIBUTABLE ASSET OF A PROTECTED CELL TO BE INVESTED AND REINVESTED WITHOUT REGARD TO THE REQUIREMENTS OF SECTIONS 38-11-40 AND 38-11-50; AND TO AMEND SECTION 38-55-80, RELATING TO LOANS BY AN INSURER TO ITS DIRECTORS OR OFFICERS, SO AS TO DELETE THE LIMITATION ON MORTGAGE LOANS OR RESIDENCES ACQUIRED UNDER THIS SECTION PURSUANT TO THE PROVISIONS OF SECTION 38-11-50.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4744 favorable:

H. 4744 (Word version) -- Reps. Crawford, 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, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 2008, FROM 12:00 NOON TO 1:00 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from Florence County to attend a reception at the Columbia Museum of Art on Tuesday, March 25, 2007, from 6:00 P.M. until 8:00 P.M.

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Senator KNOTTS from the Committee on Invitations submitted a favorable report on:

An invitation from the S. C. Chamber to attend a reception at the Marriott on Tuesday, March 25, 2007, from 8:00 P.M. until 10:00 P.M.

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

S. 1197 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO PROCLAIM MAY AS "PRECIOUS CARGO" MONTH, ENCOURAGING SOUTH CAROLINA TEENS TO BUCKLE UP AND SLOW DOWN.

Returned with concurrence.

Received as information.

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

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

S. 883 (Word version) -- Senators Cleary and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-105 SO AS TO PROVIDE THAT THE TWELFTH DAY OF MAY OF EACH YEAR IS DESIGNATED AS "FIBROMYALGIA AWARENESS DAY" TO EDUCATE EMPLOYERS, PHYSICIANS, AND CITIZENS OF SOUTH CAROLINA OF THE DEBILITATING EFFECTS OF FIBROMYALGIA.

S. 955 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA, AND GEORGIA AND SOUTH CAROLINA.

S. 968 (Word version) -- Senators McGill, O'Dell, Williams and Knotts: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME.

S. 1033 (Word version) -- Senators Cromer and Campsen: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, BY ADDING SECTION 1-1-710, TO DESIGNATE THE COLOR INDIGO BLUE AS THE OFFICIAL COLOR OF THE STATE OF SOUTH CAROLINA.

S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO MENTAL HEALTH, TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH; TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO MAKE TECHNICAL CHANGES CONCERNING THE MENTAL HEALTH COMMISSION; TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; AND TO REPEAL SECTION 44-11-80 AND 44-23-30. (ABBREVIATED TITLE)

Senator PEELER explained the Bill.

H. 3631 (Word version) -- Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson: A BILL TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE BY ENDORSEMENT REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE AND TO CLARIFY THAT CERTAIN REQUIREMENTS APPLY TO LICENSURE TO PRACTICE AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS AND TO LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.

H. 4759 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-27-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS COVERED UNDER THE PROVISIONS OF THE "INSURERS REHABILITATION AND LIQUIDATION ACT", SO AS TO PROVIDE THAT CHAPTER 27, TITLE 38 DOES NOT APPLY TO CERTAIN ASSOCIATIONS DEFINED IN SECTION 38-38-730; TO AMEND SECTION 38-38-430, RELATING TO THE GOVERNANCE OF FRATERNAL BENEFIT SOCIETIES BY CHAPTER 38, TITLE 38, SO AS TO PROVIDE THAT CERTAIN ASSOCIATIONS IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL ARE EXEMPTED FROM THE PROVISIONS OF CHAPTER 38; AND TO AMEND SECTION 38-38-730, RELATING TO EXEMPTION FROM THE REGULATION OF CERTAIN ASSOCIATIONS AND SOCIETIES BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD A CERTAIN ASSOCIATION IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL.

S. 1201 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ACTUARIAL OPINION AND MEMORANDUM REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 88 (Word version) -- Senators Campsen, Sheheen and Knotts: A BILL TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.

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

The Committee on Judiciary proposed the following amendment (JUD0088.001), which was adopted:

Amend the bill, as and if amended, pages 1-3, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 14-1-207(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(A)   Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrate's magistrates court must pay an amount equal to 100 one hundred percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended. The assessment may not be imposed on convictions for violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons."

SECTION   2.   Section 14-1-208(A) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(A)   Beginning October 1, 2000, and continuously after that date, a A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 100 one hundred percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended. The assessment may not be imposed on convictions for violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons."

SECTION   3.   Section 14-1-211(A)(1) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"(A)(1)   In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's magistrates and municipal court courts in this State. The surcharge must may not be imposed on convictions for misdemeanor traffic offenses including, but not limited to, violations of Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons. However, the surcharge applies to all violations of Section 56-5-2930 and Section 56-5-2933. No portion of the surcharge may be waived, reduced, or suspended."

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 1007 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 6 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT, SO AS TO REVISE ITS NAME TO THE "SOUTH CAROLINA UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT" AND TO PROVIDE UPDATED ARTICULATIONS OF THE PRUDENCE STANDARDS FOR THE MANAGEMENT AND INVESTMENT OF CHARITABLE FUNDS AND FOR ENDOWMENT SPENDING, APPLY PRINCIPLES OF MANAGEMENT AND INVESTMENT OF INSTITUTIONAL FUNDS TO CHARITIES ORGANIZED AS A TRUST, A NONPROFIT CORPORATION, OR OTHER ENTITY, IMPOSE ADDITIONAL DUTIES ON THOSE WHO MANAGE AND INVEST CHARITABLE FUNDS, AND UPDATE RULES GOVERNING EXPENDITURES FROM ENDOWMENT FUNDS AND PROVISIONS GOVERNING THE RELEASE AND MODIFICATION OF RESTRICTIONS ON CHARITABLE FUNDS.

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

The Committee on Banking and Insurance proposed the following amendment (AGM\19125MM08), which was adopted:

Amend the bill, as and if amended, Section 34-6-20(b)(4) as contained in SECTION 1, page 5, by deleting line 22 in its entirety and inserting / charitable purposes; or /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

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

S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.

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

The Committee on Judiciary proposed the following amendment (JUD1039.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:

/   SECTION   1.   Section 23-31-510 of the 1976 Code is amended to read:

"Section 23-31-510.   No governing body of any county, municipality, or other political subdivision in this the State may enact or promulgate any regulation or ordinance which that regulates or attempts to regulate:

(1)   the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or

(2)   a landowner discharging a firearm on the landowner's property to protect the landowner's family, employees, the general public, or the landowner's property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner's property, people on the landowner's property, or the general public. For purposes of this item, the landowner's property must be a parcel of land comprised of at least twenty-five contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for an exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 1058 (Word version) -- Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.

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

Senators McCONNELL, HUTTO and RITCHIE proposed the following amendment (JUD1058.001), which was adopted:

Amend the bill, as and if amended, page 2, starting on line 19, by striking Section 20-7-5020 in its entirety and inserting therein the following:

/   Section 20-7-5020.   There is created the Board of TrusteesDirectors for the Children's Trust Fund of South Carolina composed of nineseventeen members appointed by the Governor with the advice and consent of the Senate, eleven at large from the State from nominees of the Board of Directors of the Children's Trust Fund, plus one from each of the state's congressional districts. The In making these congressional district appointments, the Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. One member must be appointed from each congressional district of the State, and three membersMembers must be appointed at largeshall serve for terms of four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer.

Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.

Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standardsthe amounts provided by law for state boards, committees, and commissions. A complete report of the activities of the trust fund must be made annually to the General Assembly.         /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

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

S. 1174 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM HEALTH FACILITY LICENSURE, SO AS TO EXEMPT HOMESHARE ENHANCED RESPITE PROGRAMS DESIGNATED BY THE DEPARTMENT OF MENTAL HEALTH UNDER CERTAIN CONDITIONS.

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

The Committee on Medical Affairs proposed the following amendment (S-1174 AMENDMENT), which was adopted:

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

/   SECTION   1.   Section 44-7-260(B) of the 1976 Code is amended to read:

"(B)   The licensing provisions of this article do not apply to:

(1)   infirmaries for the exclusive use of the student bodies of privately-owned educational institutions which maintain infirmaries; or

(2)   community-based housing sponsored, licensed, or certified by the South Carolina Department of Disabilities and Special Needs. The Department of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control the names and locations of these facilities on a continuing basis.; or

(3)   homeshare programs designated by the Department of Mental Health, provided that these programs do not serve more than two persons at each program location, the length of stay does not exceed fourteen consecutive days for one of the two persons, and the temporarily displaced person must be directly transferred from a homeshare program location. The Department of Mental Health shall provide to the Department of Health and Environmental Control the names and locations of these programs on a continuing basis."

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

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

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

H. 3219 (Word version) -- Reps. Harrison, Cotty and McLeod: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

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

The Committee on Judiciary proposed the following amendment (JUD3219.002), which was adopted:

Amend the bill, as and if amended, page 3, by striking line 30 in its entirety and inserting therein:

/   1-23-380 and Section 1-23-610.     /

Amend the bill further, as and if amended, page 4, by striking line 4 in its entirety and inserting therein:

/   SECTION   4.   This act takes effect January 1, 2009.   /

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.

H. 4364 (Word version) -- Reps. M.A. Pitts, Littlejohn, Toole and McLeod: A BILL TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO LAWFULLY POSSESS HANDGUNS IF ENGAGED IN THE BUSINESS OF DEALING IN FIREARMS IN THE ORDINARY COURSE OF BUSINESS.

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

The Committee on Judiciary proposed the following amendment (JUD4364.002), which was adopted:

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

/   SECTION   1.   Section 16-23-30(A) of the 1976 Code is amended to read:

"(A)   It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

(1)   a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(2)   a person who is a member of a subversive organization;

(3)   a person under the age of twenty-one eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

(4)   a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 1138 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION DESIGNATING THE THIRD FULL WEEK OF SEPTEMBER IN EACH YEAR AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".

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

H. 3410 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, 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 DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.

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

The Committee on Medical Affairs proposed the following amendment (H-3410 AMENDMENT), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 20-21 and inserting:

/   That the members of the South Carolina General Assembly, by this resolution declare January of each year as Glaucoma Awareness Month.     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted, as amended.

S. 1130 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF LICENSE OF AN INSURER AND ITS OFFICERS AND AGENTS AND THE PUBLICATION OF THE NOTICE, SO AS TO PROVIDE A PROCEDURE FOR AN AGGRIEVED INSURER TO REQUEST A HEARING BEFORE THE DIRECTOR OR HIS DESIGNEE AND PROVIDE RECOURSE THROUGH JUDICIAL REVIEW; TO AMEND SECTION 38-7-90, RELATING TO THE RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES, SO AS TO CLARIFY THAT THE FEES, TAXES, AND OBLIGATIONS MUST BE BASED UPON THE COMPARISON OF THE AGGREGATE REQUIREMENTS IMPOSED BY AND PAID TO THIS STATE TO THE SAME IMPOSED BY AND PAID TO THE OTHER STATE; AND TO AMEND SECTION 38-21-95, RELATING TO THE APPROVAL, CONDITIONS, AND REQUIREMENTS FOR ACQUISITION OF A DOMESTIC INSURER BY A CONTROLLING PRODUCER, SO AS TO REDEFINE A PORTION OF THE DEFINITION OF "CONTROLLING PRODUCER".

Senator MALLOY objected to further consideration of the Bill.

S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 43, TITLE 38 OF THE 1976 CODE RELATING TO INSURANCE PRODUCERS AND AGENCIES, TO CLARIFY THAT ONLY CERTAIN EMPLOYEES OF A LICENSED PRODUCER MAY SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT A NONRESIDENT MAY RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR FEES; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION; TO PROVIDE FOR CONTINUING EDUCATION COURSES; TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND CHAPTER 45, TITLE 38 RELATING TO BROKERS AND SURPLUS LINES, TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS A LICENSING EXAMINATION; TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105. (ABBREVIATED TITLE)

Senator MALLOY objected to further consideration of the Bill.

S. 68 (Word version) -- Senators Rankin, Elliott, Knotts, Cleary, Hawkins, McConnell and Ford: A BILL TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL BE ELECTED BY THE QUALIFIED VOTERS OF THE STATE TO A FOUR-YEAR TERM COTERMINOUS WITH THAT OF THE GOVERNOR; AND TO AMEND SECTION 38-1-20(16), RELATING TO THE DEFINITION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, TO REFLECT THAT THE DIRECTOR IS AN ELECTED OFFICIAL.

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

The Judiciary Committee proposed the following amendment (JUD0068.002), which was adopted:

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

/   during the period for which he has been elected.     /

Amend the bill further, as and if amended, page 2, SECTION 3, by striking lines 32 and 33 and inserting therein:

/   SECTION   3.   This act takes effect upon approval by the Governor; however, the Governor retains the authority to appoint a director with the advice and consent of the Senate until the director becomes an elected state officer beginning with the 2010 election. Any person serving or appointed with the advice and consent of the Senate as the Director of the Department of Insurance shall continue to serve until a successor is elected and qualified following the 2010 election./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator LEVENTIS spoke on the Bill.

On motion of Senator RITCHIE, the Bill was carried over, as amended.

S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.

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

The Committee on Banking and Insurance proposed the following amendment (DKA\3844DW08), which was adopted:

Amend the bill, as and if amended, Section 38-72-67(B), SECTION 1, page 3, by striking beginning on line 14 the subsection in its entirety and inserting:

/ (B)   When a group long term care insurance policy is issued, the offer required in subsection (A) must be made to the group policyholder. However, if the policy is issued as group long term care insurance as defined in Section 39-72-40(5)(d) other than to a continuing care retirement community or other similar entity, the offering must be made to each proposed certificate holder. /

Amend further, Section 38-72-69(B)(1), SECTION 1, page 3, by striking beginning on line 38 the item in its entirety and inserting:

/ (1)   The one-time training required by this section must be no less than eight hours and the ongoing training required by this section must be no less than four hours. /.

Amend further, Section 38-72-60(G)(1)(d), SECTION 4, page 9, by striking beginning on line 32 the subitem in its entirety and inserting:

/ (d)   In the case of a policy issued to a group defined in Section 38-72-40(5)(a), an outline of coverage is not required to be delivered, provided that the information described in this subsection is contained in other materials relating to enrollment. Upon request, these other materials must be made available to the director. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator MALLOY, the Bill was carried over, as amended.

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

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns on Wednesday, March 19, 2008, it stand adjourned to meet at 10:00 A.M. on Thursday, March 20, 2008.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

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

Senators KNOTTS, RITCHIE, and ANDERSON proposed the following Amendment No. 1 (JUD3212.003), which was adopted:

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

/   SECTION   1.   Section 23-31-215(N) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:

"(N)   Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a state and federal criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

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

The amendment was adopted.

Senators BRYANT and VERDIN desired to be recorded as voting against the adoption of the amendment.

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.

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Horace O. Burkett, Jr. of Lexington, S.C., beloved husband of Kathryn Spires Burkett, loving father of five children--Jimmy, Donny, Ronny, Tim and Andrea--and doting grandfather and great-grandfather. In the course of his life, Mr. Burkett was a volunteer fireman, worked for the S. C. Highway Department and was a lineman for SCE&G for 42 years. He was selected Lexington County Man of the Year and Clemson Extension Service Man of the Year and was inducted into the Brookland-Cayce High School Hall of Fame.

At 12:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Monday, June 22, 2009 at 1:50 P.M.