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

Tuesday, June 3, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

"In your unfailing love you will lead the people whom you redeemed..."     (Exodus 15:13)
Please, bow in prayer with me:
Holy and Merciful God, as You led Your ancient people and gained praise for doing so, in a similar manner do we give You praise for each member of this Senate for the leadership they have shown this year on behalf of the people of this State. These Senators and their aides have labored judiciously and faithfully for weeks now. And so we give You our thanks for each of these servants, and we humbly ask, dear God, that You will continue to support them as they seek to serve You. In Your loving name we pray, O Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Clinton L. McClary, Jr., 141 Den Hill Trail, Gaffney, SC 29341 Temporary vacancy for: Robert B. Howell

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Mackie D. Hayes, P. O. Box 1204, Dillon, SC 29536

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
James F. Rodgers, P. O. Box 187, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Charles D. Spivey, P. O. Box 272, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Magnolia T. Williams, P. O. Box 1281, Dillon, SC 29536

Message from the House

Columbia, S.C., May 29, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.285, S. 1085 by a vote of 107 to 0:

(R285, S1085 (Word version)) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 29, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.286, S. 1161 by a vote of 2 to 0:

(R286, S1161 (Word version)) -- Senator Williams: AN ACT 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.
Very respectfully,
Speaker of the House

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

Document No. 3209
Agency: State Board of Education
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor May 21, 2008
Referred to Education Committee
Legislative Review Expiration April 27, 2009

Leave of Absence

At 12:05 P.M., Senator MATTHEWS requested a leave of absence beginning at Noon tomorrow and lasting through June 17, 2008.

Leave of Absence

On motion of Senator MATTHEWS, at 12:05 P.M., Senator PATTERSON was granted a leave of absence for today and tomorrow.

Leave of Absence

On motion of Senator PEELER, at 12:05 P.M., Senator VAUGHN was granted a leave of absence for today and tomorrow.

Leave of Absence

At 1:35 P.M. Senator JACKSON requested a leave of absence being from 6:30 - 9:00 P.M. this evening.

Expression of Personal Interest

Senator MATTHEWS rose for an Expression of Personal Interest.

Presentation to Senator GREGORY

On motion of Senator PEELER, with unanimous consent, Senator GREGORY was escorted to the podium by Senator LAND upon the occasion of his retirement from the Senate.

Senators PEELER, LAND, SHEHEEN, CAMPSEN, MARTIN, HUTTO, HAYES and McCONNELL addressed the Senate with remarks.

On behalf of the City of Lancaster and Lancaster County, Senator SHEHEEN presented a Proclamation to Senator GREGORY.

On behalf of Governor Mark Sanford, Senator McCONNELL presented the Order of the Palmetto to Senator GREGORY.

Remarks by Senator GREGORY

Thank you Mr. PRESIDENT. This has taken far too long and I certainly appreciate all the kind words. You all have been overly kind. It is a great pleasure for me to have most of my family here today. I have them with me today but I might just skip over that part so I can make it through the rest of the speech.

I came here 16 years ago. I guess most people probably give their best speech of their political career toward the end. I may have given the best speech of my political career as my initial speech, which was on video poker. Those of you that were here--I know the Senator from Greenville, Senator THOMAS, reminds me of it occasionally--about when I brought the trash bag full of playing cards up here to argue against video poker. You all thought that went real well and it seemed to make an impression, although I don't think it changed any votes. Then I followed that speech up with my first question in the Senate. It just so happened that the Senator from Clarendon, Senator LAND, was up here speaking and he was arguing for the legislation that would allow six machines per building. I didn't know what I was talking about, but I asked Senator LAND how that could be constitutional--just to have six machines per building since you can't limit six lawyers to a building. He said, "Well, Senator everybody knows lawyers don't pay off!"

I came here when I was 29 years old, fresh off the campaign trail railing against lawyer-legislators. When I got here, I realized pretty soon that all the lawyers were a lot smarter than I. And, in fact, that you did need lawyers in the legislature in order to draw up legislation that makes sense and is correct as the Senator from Spartanburg said last week. I found that out, I guess, like a lot of people do who mature in public office, that you campaign in black and white but you govern in shades of gray. Rarely has there been a decision or vote that we have taken in here when the vote or decision is completely right or wrong. There are a lot of 51-49 decisions that we make in here and that, to me, is the downside of seniority. The longer one is here perhaps the more gray it becomes. That seems to have been the case for me--that the longer I am here the greater the pull to satisfy the government becomes and less allegiance there is to the individual citizen.

I believe change is good and the greatest driver of change in government is new legislators that bring fresh perspective and energy to the process. It is time for me to step aside and for that to occur. I do that with mixed emotions and a sense of melancholy. I have very strong ties to the Senate. My great-grandfather, Senator HENRY KLUGH PURDY, served here in the 1920's. He had some campaign battles against Senator MARY GORDON ELLIS whose portrait hangs over there as the first woman elected to the Senate. It was put there by the former Senator from Beaufort, my friend Senator CORK. It is an honor to follow in his footsteps and has certainly been a highlight of my life.

The Senator from Richland, Senator LOURIE, helped me with the Jewish Book of Laws and in it there is a quotation in which the question is asked, "Who is rich?" The answer is "He who is satisfied with his portion." I am satisfied with my time in the Senate. I am pleased to go out on my own terms, and I certainly am richer as a result of my service here. I am richer because of my relationships with each of you. I look around the room and I remember when Senator WALDREP retired that he went around and said something nice about everybody in the Chamber which is not really so hard to do. I don't know that I will go to that extent, though.

Senator RYBERG has been a tremendous friend of mine over the years and is somebody with tremendous integrity. I remember the first time I met him how gracious he was to me. Senator SETZLER is always so friendly and just really sets the standard for someone who goes out of his way to make your acquaintance each day. Senator DRUMMOND, the Senator from Greenwood, is really my hero in the Senate. I grew up as a child immersing myself in World War II aviation history. To serve with Senator DRUMMOND, a P47 pilot and recipient of the Distinguished Flying Cross, is a real honor. Senator LEVENTIS is another great pilot in the Senate as well. Senator McCONNELL, I appreciate the opportunities that you have given me on Judiciary. I can't say I will miss it next year but I do appreciate the trust you vested in me. Senator PEELER was my original suite mate and maybe not the best influence on a 29-year-old Senator. He didn't cause me to stray off course too far, though. Senator LEATHERMAN is always asking me if I brought the fast car or the slow car today. Senator, I was thinking it would not hurt you too badly to go riding in the fast car with me because I am not running again and you don't have opposition, so it is not going to hurt too badly to get on the front page of the paper. Senator MARTIN, my desk mate, I have had a great time with him over the years. He has always been very friendly and cordial. The Senator from York, Senator HAYES, is probably one of the most solid people I have ever known. The Senator from Richland, Senator COURSON, we have taken some great baseball trips together. I have always had a good time with the Senator from Richland. Senator CAMPSEN, Senator from Charleston, is a great champion of the environment. Senator FORD, I love you to death but I am not going to miss you on Tuesday afternoons next year. Senator JACKSON has been on Judiciary with me as well for a number of years and is a good friend as well. I think about some of the other great senators I served with, SAM STILWELL, ALEXANDER MACAULAY and ARTHUR RAVENEL. "UNCLE VERNE" was always real kind to me and went out of his way to speak to me.

An interesting story is that I brought my daughter down here when she was about 3 or 4 years old. She was walking around on the floor of the Senate and you know how UNCLE VERNE was. He would go out of his way to speak to everybody. He would tell them he was their "UNCLE VERNE." At the time my daughter weighed about 35 pounds and was about that tall and UNCLE VERNE weighed about 10 times that much. My daughter went home at the end of the day and my wife asked her what had happened and who did she meet when she went to the Senate that day? She said, "I met my granddaddy VERNE."

I certainly want to thank my staff, my secretary, Carolyn Youmans, who has done a terrific job for my constituents. She is simply the best. She would stand in front of a locomotive for me. My assistant in Fish, Game and Forestry, Caroline Pinckney, who has always been so well prepared and anything accomplished in that committee she has been a big part of. The Department of Natural Resources, Mr. Frampton, along with all of his staff, I have had a great time working with them. Katherine Wells, whom I have worked with closely on the Judiciary staff, and all those Bills regarding probate law and alcohol. It's a good thing she understood them all because I certainly didn't. Lt. Governor, the desk and our security staff and all the staff in the Gressette Building, I appreciate all that you have done.

In closing and looking back over the last 16 years I think we as a Senate have been at our best when we came together for the common good of South Carolina and given up a little bit each personally to benefit the whole. I think about the one billion dollar bond referendum we passed that built new schools in my community and every other one. The battle flag controversy and how many hours we sat here and listened to the speeches about the battle flag. We finally came together, though, and got that resolved for the betterment of the State. My favorite saying about South Carolina, and you all have heard me say it many times--there was a fellow by the name of Pettigrew, that in 1854, a hundred and fifty something years ago, said that South Carolina was too small to be a republic and too large to be an insane asylum. That is still true today in some respects.

My pet issue over the years, of course, has been government restructuring. Government restructuring is something that has been badly needed in our State for years and years--for a hundred years really. We got some of it done under Governor Campbell, but we haven't really had much traction since then. I think our government was set up in late 1890's with the objective of decentralizing power in order to keep the African-Americans out of power. It has certainly worked in that regard because none have been elected to constitutional officer positions over that time. I think instead of worrying about removing Ben Tillman's statute, though, maybe we should remove the form of government he set up for the State. We cling to this antiquated system of government that Georgia, our neighbor to the south, got rid of back in 1932. Why do we do it? I guess we all have our personal reasons, but it all comes down to varying degrees of power that we derive from it. We just need to let go of it and trust that the system of government that every other state in the country has can serve our State as well. Everybody is in charge and nobody is in charge. For us to move from 50th up higher in the national rankings is going to take vesting power in the Executive Branch of this State. As the Senator from Kershaw has said before, this is not a zero sum game. We can have a strong governor and a strong legislature. They are not mutually exclusive. So I would urge you to do that as we move forward with the next legislative session. At least give the people the opportunity to vote to give the governor power to appoint constitutional officers and do other things like pass the Bill pertaining to government restructuring that is now pending.

The second thing would be to protect the natural resources of South Carolina. We don't love South Carolina because of the billboards or the cloverleaves that dot our interstates. We love it because of its natural areas like our beaches, rivers, forests and mountains. I do believe that we can have balance between development and preservation. I would urge you to strive for that by continuing to fully fund things like the Conservation Land Bank.

The last thing I would urge you to do is to continue to thrash the House of Representatives in the annual softball games.

And finally, there is this quote--"for everything a man takes with him there is something that he must leave behind." In that regard I look forward to the next phase of my life, but I will always remember each of you, my time in the Senate and what you all have meant to me. Thank you.

On motion of Senator PEELER, with unanimous consent, the remarks of Senator GREGORY were ordered printed in the Journal.

Expression of Personal Interest

Senator CLEARY rose for an Expression of Personal Interest.

RECALLED

H. 3359 (Word version) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3309 (Word version) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.

Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

S. 1402 (Word version) -- Senators Patterson, Matthews and Anderson: A CONCURRENT RESOLUTION TO ENCOURAGE THE MEMBERSHIP OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS TO WORK WITH LEGISLATIVE COLLEAGUES TO ENSURE TRANSPARENCY WHEN PHYSICIANS OR OTHER HEALTH PRACTITIONERS RECEIVE FINANCIAL COMPENSATION FOR CLINICAL DECISIONS.

Senator MATTHEWS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Medical Affairs.

There was no objection and the Concurrent Resolution was recalled from the Committee on Medical Affairs.

Senator MATTHEWS asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.

There was no objection.

On motion of Senator MATTHEWS, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

PLACED IN THE STATUS OF INTERRUPTED DEBATE

S. 838 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MODIFICATION OF SINE DIE ADJOURNMENT PURSUANT TO THE PROVISIONS OF ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE.

Senator McCONNELL spoke on the Concurrent Resolution.

Senator McCONNELL moved that the Resolution be placed in the status of Interrupted Debate.

There was no objection and the Resolution was placed in the status of Interrupted Debate.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1441 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HOLLY HILL ACADEMY "LADY RAIDERS" SOFTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.
l:\council\bills\rm\1505sd08.doc

S. 1442 (Word version) -- Senator Massey: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF SUSIE MAE MCCOY, "SWEET GEORGIA BROWN", FOR HER LEGACY AS THE FIRST FEMALE AFRICAN AMERICAN WRESTLER IN SOUTH CAROLINA.
l:\council\bills\gm\24304ahb08.doc

S. 1443 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE SIMPSONVILLE HONOR FLIGHT PLANNING COMMITTEE FOR TRANSPORTING ONE HUNDRED WORLD WAR II VETERANS TO OUR NATION'S CAPITAL TO VIEW THE WORLD WAR II MEMORIAL, AND TO ENCOURAGE OTHER COMMUNITIES TO FOLLOW SIMPSONVILLE'S FINE EXAMPLE.
l:\council\bills\rm\1511mm08.doc

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

S. 1444 (Word version) -- Senators Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CRAIG MELVIN, OF RICHLAND COUNTY FOR SEVEN SUCCESSFUL YEARS OF FULL-TIME JOURNALISM WITH THE WIS TELEVISION STATION AND TO WISH HIM SUCCESS AS HE BEGINS HIS NEW ASSIGNMENT IN WASHINGTON, D.C.
l:\council\bills\gm\24298bb08.doc

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

S. 1445 (Word version) -- Senators McConnell, Campsen, Cleary and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME WINGO WAY IN THE TOWN OF MT. PLEASANT FROM HOUSTON NORTHCUTT BOULEVARD TO PATRIOT'S POINT ROAD AS "HARRY HALLMAN BOULEVARD" IN HONOR OF CURRENT MT. PLEASANT MAYOR AND FORMER MEMBER OF THE GENERAL ASSEMBLY, HARRY M. HALLMAN, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC SERVANTS, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS BOULEVARD THAT CONTAIN THE WORDS "HARRY HALLMAN BOULEVARD".
l:\council\bills\gjk\20737sd08.doc

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1446 (Word version) -- Senator Massey: A SENATE RESOLUTION TO HONOR AND CONGRATULATE ELEANOR AND RICHARD CRAWFORD OF AIKEN COUNTY UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.
l:\council\bills\gm\24307ahb08.doc

S. 1447 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE AND HONOR RONNIE H. HOOVER OF LEXINGTON COUNTY FOR HIS THIRTY-THREE YEARS OF SERVICE TO THE EMPLOYMENT SECURITY COMMISSION OF SOUTH CAROLINA UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\gm\24309cm08.doc

S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".
l:\council\bills\swb\5597cm08.doc

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

H. 4928 (Word version) -- Reps. Jefferson, Lowe, Howard, G. M. Smith, Crawford, Cobb-Hunter, Alexander, Moss, Kennedy, Brantley, Williams, J. H. Neal, Clyburn, Hosey, Barfield, Breeland, Haskins, Hodges, Loftis, Miller, Allen, Jennings, R. Brown, Whipper, Knight, Erickson, Hart and Mitchell: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIVERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.

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

H. 5144 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11 OF TITLE 55 SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH ITS GOVERNING COMMISSION, DESCRIBE THE FUNCTIONS, AND POWERS OF THE DISTRICT AND ITS COMMISSION, MAKE PROVISIONS FOR BORROWING BY THE DISTRICT INCLUDING THE ISSUANCE OF GENERAL OBLIGATION BONDS, AND PROVIDE FOR THE CONTINUING OPERATION OF THE FACILITIES OF THE DISTRICT.

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

H. 5217 (Word version) -- Reps. McLeod and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26 AND SOUTH CAROLINA HIGHWAY 121 INTERCHANGE IN NEWBERRY COUNTY AS THE "U. S. MARSHAL ISRAEL BROOKS, JR. MEMORIAL INTERCHANGE" IN RECOGNITION OF HIS MANY ACHIEVEMENTS ATTAINED DURING HIS ILLUSTRIOUS LAW ENFORCEMENT CAREER, AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

On motion of Senator CROMER, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 5231 (Word version) -- Reps. Howard, Cobb-Hunter, Whipper and R. Brown: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3204, 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. 5242 (Word version) -- Rep. Brantley: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DENNIS THOMPSON FOR HIS SUCCESSFUL LEADERSHIP AS SUPERINTENDENT OF HAMPTON SCHOOL DISTRICT TWO, AND TO WISH HIM WELL, UPON THE OCCASION OF HIS RETIREMENT, AFTER THIRTY-SIX YEARS AS AN EDUCATOR IN SOUTH CAROLINA.

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

H. 5245 (Word version) -- Reps. Shoopman, J. E. Smith, Harrell, 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, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, 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, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST DAVID LEE LEIMBACH OF THE SOUTH CAROLINA NATIONAL GUARD, WHILE HE WAS SERVING AN EXTENDED TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS WIDOW, FAMILY, AND FRIENDS THE DEEPEST APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

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

REPORT OF STANDING COMMITTEE

Senator KNOTTS from the Committee on Invitations polled out H. 5192 favorable:

H. 5192 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, 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, 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 DECLARE THE MONTH OF OCTOBER 2008 AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE.

Poll of the Invitations Committee
Polled 10; Ayes 10; Nays 0; Not Voting 1

AYES

Knotts                    Alexander                 Patterson
McGill                    Elliott
Ford                      Verdin                    Campsen
Cromer                    

Total--10

NAYS

Total--0

NOT VOTING

O'Dell

Total--1

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., June 3, 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. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Very respectfully,
Speaker of the House

S. 530--SENATE INSISTS ON THEIR AMENDMENTS CONFERENCE COMMITTEE APPOINTED

S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.

On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to S. 530 and asked for a Committee of Conference.

Whereupon, Senators LAND, HAYES and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 21, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3798 (Word version) -- Rep. G. R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
asks for a Committee of Conference, and has appointed Reps. G. R. Smith, Hagood and McLeod to the committee on the part of the House.
Very respectfully,
Speaker of the House

H. 3798--CONFERENCE COMMITTEE APPOINTED

H. 3798 (Word version) -- Rep. G.R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

Whereupon, Senators RANKIN, RITCHIE and LOURIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 17, 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:

H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Very respectfully,
Speaker of the House

H. 3857--SENATE INSISTS ON THEIR AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
On motion of Senator HAYES, the Senate insisted upon its amendments to H. 3857 and asked for a Committee of Conference.

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

Message from the House

Columbia, S.C., May 29, 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:

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.
Very respectfully,
Speaker of the House

H. 4334--SENATE RECEDES FROM THEIR AMENDMENTS

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.

On motion of Senator HUTTO, with unanimous consent, the Senate receded from their amendments. The Senate requested that proper notation be made on the Bill before enrollment by the House.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., March 26, 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:

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.
Very respectfully,
Speaker of the House

S. 3212--SENATE INSISTS ON THEIR AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

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.

On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 3212 and asked for a Committee of Conference.

Whereupon, Senators HAWKINS, KNOTTS and WILLIAMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 3212--Recorded Vote

Senator GROOMS, BRYANT and VERDIN desired to be recorded as voting against insisting on Senate amendments.

Message from the House

Columbia, S.C., April 22, 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:

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

S. 3993--SENATE INSISTS ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.

On motion of Senator MALLOY, the Senate insisted upon its amendments to S. 3993 and asked for a Committee of Conference.

Whereupon, Senators COURSON, MARTIN and MALLOY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

RECESS

At 1:36 P.M., on motion of Senator McCONNELL, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:25 P.M. and was called to order by the PRESIDENT.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3975 (Word version) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.

H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.

Senator ALEXANDER explained the Bill.

H. 4340 (Word version) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: A BILL TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION.

Senator ALEXANDER explained the Bill.

H. 4773 (Word version) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS, INFORMATION TECHNOLOGY UPGRADES AND EQUIPMENT FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.

Senator O'DELL explained the Bill.

H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.

HOUSE BILLS RETURNED

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

H. 5012 (Word version) -- Rep. Chalk: 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 STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.

H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.

H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; AND TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT.

Senator McGILL explained the Bill.

Recorded Vote

Senator BRYANT desired to be recorded as voting against the third reading of the Bill.

H. 4847 (Word version) -- Reps. Cotty, Brady and J.E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.

Senator GROOMS explained the Bill.

RETURNED TO THE HOUSE

H. 3715 (Word version) -- Reps. Talley, Duncan, Mahaffey, Clemmons, Shoopman, Toole and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (MS\7681AHB08) proposed by Senator SHORT and previously printed in the Journal of May 29, 2008. Amendment No. 1 was subsequently withdrawn.

Senator HUTTO asked unanimous consent to take up Amendment No. 2 for immediate consideration.

There was no objection.

Amendment No. 2

Senator HUTTO proposed the following Amendment No. 2 (3715R001.CBH), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 2.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

On motion of Senator HUTTO, with unanimous consent, Amendment No. 1 proposed by Senator SHORT was withdrawn.

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

RETURNED TO THE HOUSE

H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.

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

Motion Under Rule 26B

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

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.

Amendment No. 1

Senator MASSEY proposed the following Amendment No. 1 (JUD4743.003), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:

/   SECTION   ___.   Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-175.   Prior to beginning to construct an elevated water storage facility, the district must hold a public meeting to explain the details of the project and take comments from members of the public. The district must advertise in a newspaper of general circulation in the district the time and place of the meeting and the general nature and scope of the proposed project. The notice must be published on two occasions prior to the meeting, and at least ten days prior to the meeting."

SECTION   ___.   Section 6-11-1220(a) of the 1976 Code is amended to read:

"(a)   The term 'district' shall mean any rural water district organized under Chapter 13 of Title 6, special purpose district, or public service district now existing or hereafter created by an act of the General Assembly now or from time to time exercising the power to construct and operate sewer collection, disposal, and treatment facilities;"

SECTION   ___.   Article 1, Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Section 6-13-15.   (A)(1)   A rural water district established pursuant to this chapter prior to March 7, 1973, may provide sewer service to the area within its boundaries and its legal service area if, prior to the district utilizing the provisions of this section:

(a)   the district's board has been selected from an area that encompasses the boundaries and the entire legal service area to which service has been extended by the district;

(b)   the district has received permission, by written resolution, from the governing body of the county in which the district is located; and

(c)   the provision of sewer service authorized by this section is consistent with any comprehensive plan or land use plan adopted pursuant to Chapter 29 of Title 6.

(2)   A rural water district established pursuant to this chapter prior to March 7, 1973, utilizing the provisions of this section, must not provide sewer service to:

(a)   areas outside the district's boundaries and legal service area at the time the district's governing body determines to utilize the provisions of this section; or

(b)   those parts of the area within the district's boundaries and legal service area where sewer service is being provided by another private or governmental entity at the time the district's governing body determines to utilize the provisions of this section.

(B)   The water district may build, acquire, construct, operate, and maintain sewage collection, treatment, and disposal facilities or contract for the use of any facilities as are, in the opinion of the governing body of the water district, necessary for the district. The district may impose such schedule of rates and charges for the use of sewage collection, treatment, and disposal facilities as the governing body of the district shall from time to time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the sewer service made available by it to persons, firms, and corporations within the district. The powers of the district granted in Section 6-13-50 shall apply to the provision of sewer service by the district except for Section 6-13-50(23).

(C)   Unless they are owned by another political subdivision or other entity, the treatment and disposal facilities, transmission and collection lines, pump stations and their several component parts, and all other apparatus, equipment, and property incident to the provision of sewer service or used or useful in the provision of sewer service and all additions, improvements, extensions, and enlargements to any of them shall constitute a portion of the system belonging to the water district.

(D)   The powers provided to a water district by this section are in addition to all other powers authorized by law."   /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 6-21-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF FEDERAL LOANS AND GRANTS UNDER THE REVENUE BOND ACT FOR UTILITIES, SO AS TO PERMIT MORTGAGES TO FEDERAL AGENCIES IN CERTAIN CIRCUMSTANCES.

Senator ELLIOTT explained the Bill.

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

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.

H. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E.H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.

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

Provisions of Rule 26B Waived

Senator GROOMS asked unanimous consent to make a motion to waive the provisions of Rule 26B.

There was no objection and the provisions of Rule 26B were waived.

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

H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.

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

Amendment No. P-1

Senators SHEHEEN, MARTIN, RITCHIE and MALLOY proposed the following Amendment No. P-1 (JUD3033.007), which was adopted:

Amend the committee report, as and if amended, by striking it in its entirety and inserting:

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

//   SECTION   1.   Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:

"Section 29-3-345.   (A)   In this section, 'document of rescission' means a document stating that an identified satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property was recorded erroneously or that a mortgage or other lien affecting real property was satisfied of record erroneously, the secured obligation remains unsatisfied, and the mortgage or other lien affecting real property remains in force.

(B)   If a satisfaction or affidavit of satisfaction of a mortgage or other lien affecting real property is recorded in error or a mortgage or other lien affecting real property is satisfied of record erroneously by another means, a document of rescission that has been duly witnessed and notarized in compliance with Section 30-5-30 may be executed and recorded. Upon recording, the document of rescission rescinds the erroneously recorded satisfaction or affidavit and the erroneous satisfaction of record of the mortgage or other lien affecting real property and reinstates the mortgage or other lien affecting real property as of the mortgage's original filing date. The clerk of court, register of deeds, or registrar of mesne conveyance shall index the document of recission as of the date of filing.

(C)   A recorded document of rescission has no effect and does not constitute a lien as to the rights of any grantee or lien creditor, their heirs, successors, or assigns who records an interest in the real property described in a mortgage or other lien affecting real property after the recording of   the satisfaction or affidavit of satisfaction of the mortgage, or other lien affecting real property and before the recording of the document of rescission, with a grantee under deed of title taking the property free and clear of the mortgage or other lien that was erroneously satisfied if the deed of title was received during the time period between the recording of the erroneous satisfaction and the end of the next business day observed at the clerk of court, register of deeds, or registrar of mesne conveyance's office following the recording of the document of rescission; and

(2)   any person or entity otherwise having priority over or taking free of the lien created by the mortgage or other lien affecting real property as reinstated.

(D)   A creditor who erroneously or wrongfully records a document of rescission is liable to a person injured by the recording for a sum of money not exceeding one-half of the original face amount of the debt secured by the mortgage or twenty-five thousand dollars, whichever is less, plus actual damages, costs, and attorney's fees.

(E)   The clerk of court, register of deeds, or registrar of mesne conveyance shall collect a filing fee of six dollars, and an additional one dollar per page for a document containing more than one page.

(F)   The 'document of rescission' must be in a form substantially similar to:

STATE OF SOUTH CAROLINA     )     DOCUMENT OF RESCISSION

COUNTY OF ________________   )     AFFIDAVIT

For Book _____, Page ______

Pursuant to Section 29-3-345 of S. C. Code of Laws

The undersigned on oath, being first duly sworn, hereby certifies as follows:

1.   The undersigned is an authorized representative of ________________, the identified mortgagee/lien holder of the mortgage/lien ('Mortgage') filed at Book _____, Page _____ in the above-referenced County.

2.   With respect to the Mortgage, given by ________________ to _________________ dated _____________ and recorded in the above County in the Office of the Register of Deeds, this is to represent and certify that the mortgagee inadvertently and mistakenly marked the Mortgage as paid and/or satisfied and filed that document in the records of the County aforesaid.

3.   This is to represent and certify that such satisfaction was erroneous and inadvertent, with the obligation secured by the Mortgage remaining unsatisfied and outstanding and the referenced Mortgage remains in force and effect.

4.   Pursuant to Section 29-3-345, the Mortgage is reinstated.

___________________________________

By:________________________________

Its:________________________________

City, State and Zip Code:_______________

Telephone:__________________________

_______________________________________

Witness

_______________________________________

Witness

Personally appeared before me ________________________ who with _______________________ did witness and does acknowledge the due execution of the foregoing instrument.

Witness my hand and seal

the ______ day of ___________, ________

___________________________________(L.S.)

Notary Public for:_______________________

My Commission Expires:___________________"

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

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The Judiciary Committee proposed the following amendment (JUD3033.003), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 13 and inserting therein:

/   means and before the recording of the document of rescission, with a grantee under deed of title taking the property free and clear of the mortgage or other lien that was erroneously satisfied if the deed of title was received during the time period between the recording of the erroneous satisfaction and the end of the next business day observed at the Register of Deeds' office following the recording of the document of rescission; and   /

Amend the bill further, as and if amended, page 2, line 37 by striking / 30-7-15 / and inserting:

/   29-3-345     /

Amend the bill further, as and if amended, page 3, line 17, by striking / 30-7-15 / and inserting:

/   29-3-345     /

Renumber sections to conform.

Amend title to conform.

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

H. 4754 (Word version) -- Reps. G.R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY.

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

Senator FAIR proposed the following amendment (DKA\3931DW08), which was adopted:

Amend the bill, as and if amended, Section 6-11-2027, SECTION 1, page 2, line 2, by deleting / " /; and by adding after line 2 a new subsection to read:

/ (C)   The provisions of this section do not apply to a special purpose district that provides both recreational and aging services." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator FAIR proposed the following amendment (JUD4754.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 34 and inserting therein the following:

/   by act of the General Assembly that does not require a referendum and that provides only recreational   /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

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

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.

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

Amendment No. 1

Senator HUTTO proposed the following Amendment No. 1 (AGM\19273MM08), which was adopted:

Amend the bill, as and if amended, Section 23-3-535(C) as found in SECTION 1, by adding appropriately numbered items after line 31 to read:

/   ( )   resides in a community residential care facility, as defined in Section 44-7-130(6); or

( )   resides in a nursing home, as defined in Section 44-7-130(13). /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

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

COMMITTEE AMENDMENT TABLED, AMENDED

H. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.

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

The Committee on Education proposed the following amendment (4953R001.JEC), which was laid on the table:

Amend the bill, as and if amended, page 4, by striking lines 1 through 9 and inserting:

/   (B)   The South Carolina LightRail Consortium must be governed by a board of directors consisting of six charter members and three affiliate members. The charter members of the board of directors shall consist of two representatives each from Clemson University, the Medical University of South Carolina, and the University of South Carolina, to be appointed by the respective university presidents and to serve at their pleasure. The affiliate members of the board shall consist of one representative each from the technical college system, the four-year colleges and universities, and any remaining land grant institution that is not represented by a charter member, to be appointed by the respective university presidents and to serve at their pleasure. The consortium must be chaired by a charter member of the board of directors from each member institution on a rotating basis among all institutions for a term of two years.         /

Amend the bill further, as and if amended, page 5, by striking line 38 and inserting:

/   Section 59-151-170.   (A)   By majority vote, the three charter /

Renumber sections to conform.

Amend title to conform.

On motion of Senator LEATHERMAN, with unanimous consent, the amendment proposed by the Committee on Education was laid on the table.

Amendment No. 1

Senator LEATHERMAN proposed the following Amendment No. 1 (4953R003.HKL), which was adopted:

Amend the bill, as and if amended, page 6, by striking lines 22 through 24 and inserting:

/     Information Officer.       /

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

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

H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.

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

Amendment No. 1

Senators VERDIN, LEVENTIS and KNOTTS proposed the following Amendment No. 1 (4320R001.DBV), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION ___.   A member of the United States Armed Forces that, as of the effective date of this act, is stationed outside of this State or was stationed outside of this State for any time during the past twelve months to the extent that he would not be considered a resident of this State for the purposes of this title, but has maintained significant contacts with the State during his service, including, but not limited to, maintaining voter registration or by continuously paying property taxes, is a resident or resides in this State, as the case may be, for purposes of this title. This section is repealed on July 1, 2009./

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

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

H. 4320--Ordered to a Third Reading

On motion of Senator VERDIN, with unanimous consent, H. 4320 was ordered to receive a third reading on Wednesday, June 4, 2008.

AMENDED, CARRIED OVER

H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Motion Under Rule 26B

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

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.

Amendment No. 1

Senator THOMAS proposed the following amendment (JUD4745.003), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 13 through 21 and inserting therein the following:

/   governing body proposes and the owner accepts to effect improvements within a district and service area to preserve property values, prevent deterioration of urban areas, and preserve the tax base, and includes an overall plan by which the governing body proposes to effect improvements within an improvement district in order to encourage and promote private or public development within the improvement district.

(4)   'District' means an area within the county or municipality designated by the governing body and proposed by petition and approved by the governing body pursuant to the provisions of this/

Amend the bill further, as and if amended, page 4, by striking lines 18 through 43 and inserting therein the following:

/   Section 6-35-30.   A county or municipality, only with the approval of the owners of all real property situated within a proposed district, as further provided in Section 6-35-118, may exercise the powers and provisions of this chapter.

Section 6-35-40.   Nothing contained in this chapter may be construed to limit or restrict the existing powers of an owner, county, municipality, or local school board. The authorization contained in this chapter is in addition to their powers and is provided as an additional means for the provision of infrastructure and improvements related to new development and redevelopment.

Section 6-35-50.   (A)(1)   An assessment may only be imposed and collected by the governing body upon compliance with the procedures set forth in this chapter.

(2)   The amount of the assessment must be based on actual costs of the improvements or reasonable estimates of those costs, to include, but not be limited to, interest expense, bond issuance costs, architectural and engineering costs, furniture, fixture and equipment costs, and costs associated with the administration of the district.

(B)   A governing body that has not adopted a comprehensive plan pursuant to Chapter 29 of this title may not impose an assessment. A governing body that has adopted a comprehensive plan may only impose an assessment pursuant to this chapter.   /

Amend the bill further, as and if amended, page 7, by striking line 30 and inserting therein the following:

/   Section 6-35-118.   Only the owner of real property may by petition   /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

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

COMMITTEE AMENDMENT AMENDED
AMENDMENT PROPOSED, CARRIED OVER

H. 4451 (Word version) -- Reps. Ballentine and Walker: A BILL TO AMEND SECTIONS 59-112-10, 59-113-20, AS AMENDED, 59-115-20, 59-149-20, 59-150-20, AND 59-150-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND QUALIFICATIONS TO RECEIVE STATE AID FOR EDUCATION, ALL SO AS TO REVISE DEFINITIONS TO EXCLUDE PERSONS WHO ARE NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ELIGIBILITY TO RECEIVE STATE AID FOR EDUCATION.

Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Amendment No. P-1

Senators KNOTTS, McCONNELL, CAMPSEN and COURSON proposed the following amendment (JUD4451.001), which was adopted:

Amend the committee report, as and if amended, page [4451-2], by striking lines 16-24 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senators KNOTTS and HUTTO explained the amendment.

Senator JACKSON proposed the following amendment (4451R008.DJ):

Amend the committee amendment, as and if amended, page [4451-2], by striking lines 16 through 24 and inserting:

/     SECTION   ___.   Notwithstanding any other provision of law, a student enrolled in a state sponsored institution of higher learning as of the effective date of this act, who is not lawfully present in the United States, must be permitted to continue his education until the student earns a bachelor's degree, provided that he meets all other requirements to maintain classification as a degree-seeking student.         /

Renumber sections to conform.

Amend title to conform.

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

CARRIED OVER

H. 3812 (Word version) -- Reps. G.M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.

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

H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

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

H. 4372 (Word version) -- Rep. J.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 53, TITLE 59 SO AS TO ESTABLISH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO PROVIDE FOR ITS POWERS AND DUTIES.

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

CARRIED OVER

H. 4499 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-60-2545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF REASONABLE ATTORNEY'S FEES IF A TAXPAYER PREVAILS IN THE ASSESSOR'S DENIAL OF AGRICULTURAL USE VALUE OF REAL PROPERTY AND A FINDING BY THE ADMINISTRATIVE LAW COURT THAT THE ASSESSOR'S ACTION WAS UNREASONABLE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO BOTH THE DENIAL OF AN APPLICATION FOR AGRICULTURAL USE VALUE AND AN ACTION BY THE ASSESSOR TO REMOVE REAL PROPERTY FROM THAT STATUS, TO PROVIDE FOR THE PAYMENT OF EXPENSES PLUS ATTORNEY'S FEES, TO PROVIDE FOR THIS REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES AFTER THE TAXPAYER PREVAILS IN ANY FINAL APPEAL OF THE CONTESTED CASE, AND TO ELIMINATE THE REQUIRED FINDING THAT THE ASSESSOR'S DECISION WAS NOT REASONABLE.

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

The Committee on Finance proposed the following amendment (4499R001.HKL), which was adopted:

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

/     SECTION   1.   Section 12-60-2545 of the 1976 Code, as added by Act 57 of 2007, is amended to read:

"Section 12-60-2545.   (A)   Notwithstanding Section 12-60-3350, if a taxpayer appeals a county assessor's decision to remove the agricultural use classification from a property or to deny an application for agricultural use classification, the county shall pay reasonable attorney's fees and expenses if the taxpayer prevails in the contested case hearing and any final appeal thereon and the administrative law judge makes a finding that the county assessor's decision was not reasonable.

(B)   This section is only applicable upon a written finding by the administrative law judge that the county assessor's decision was unreasonable.

(C)   Attorney's fees allowed pursuant to this section must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:

(1)   the nature, extent, and difficulty of the case;

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.

The administrative law judge must make specific written findings regarding each factor in making the award of attorney's fees."     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

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

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.

Message from the House

Columbia, S.C., June 3, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
asks for a Committee of Conference, and has appointed Reps. M. A. Pitts, Frye and Lowe to the committee on the part of the House.
Very respectfully,
Speaker of the House

S. 691--NONCONCURRENCE RECONSIDERED
CONCURRENCE IN HOUSE AMENDMENTS
SENATE ENROLLED FOR RATIFICATION

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.

Senator GREGORY asked unanimous consent to reconsider the vote whereby the Senate nonconcurred in the House amendments.
There was no objection and a message was sent to the House accordingly.

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

On motion of Senator GREGORY, with unanimous consent, the Senate concurred in the amendments proposed by the House and ordered the Bill enrolled for Ratification.

A message was sent to the House accordingly.

CONCURRENCE

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 House returned the Bill with amendments.

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

CONCURRENCE

S. 218 (Word version) -- Senator Courson: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25 OF THE 1976 CODE, RELATING TO THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, TO NAME THE COMPACT THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT INSTEAD OF THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE EMERGENCY MANAGEMENT DIVISION, TO PROVIDE THAT THE EMERGENCY MANAGEMENT DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM, AND TO PROVIDE THAT THE GOVERNOR SHALL DEVELOP AND COORDINATE AN EMERGENCY MANAGEMENT SYSTEM THAT INCLUDES CERTAIN PROVISIONS AND PROCEDURES.
The House returned the Bill with amendments.

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

CONCURRENCE

S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.

The House returned the Bill with amendments.

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

CONCURRENCE

S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.

The House returned the Bill with amendments.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

The House returned the Bill with amendments.

Senator HUTTO proposed the following amendment (JUD0503.003), which was adopted:

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

/   SECTION   1.   Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:

"Section 22-5-190.   (A)   A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or another county where he is located, or a law enforcement officer from the issuing jurisdiction while accompanied by a law enforcement officer in the jurisdiction where the warrant is being served. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county.

(B)   Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring entitled by law to issue a warrant for a municipality and that warrant requires the arrest of any a person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which where the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.

(C)   Except as otherwise provided in subsection (B), whenever a When a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring entitled by law to issue a warrant for a municipality, and that warrant requires the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate the warrant is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall must be promptly turned over to police officers of the municipality from which where the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.

(D)   All costs, fees, travel, and other expenses in connection with the endorsement and execution of such these warrants shall must be paid by the municipality involved to the appropriate county or officers entitled thereto."

SECTION   2.   Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.   (A)   Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any an offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."

SECTION   3.   Section 22-3-330 of the 1976 Code, as added by an act of 2008 bearing Ratification Number 314 (S. 1221), is repealed.

SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator CAMPSEN proposed the following amendment (503R001.GEC), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   Section 22-2-5(A) of the 1976 Code is amended to read:

"(A)   The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months one year before and six months one year after the time the appointment is to be made."       /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator MARTIN proposed the following amendment (503R002.LAM), which was adopted:

Amend the bill, as and if amended, page 4 after line 25, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 5-7-12(A) of the 1976 Code is amended to read:

"(A)   The governing body of a municipality or county may upon the request of another governing body or of another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. In all circumstances in which a school resource officer arrests a student for a misdemeanor offense, the officer may issue a courtesy summons to appear to a student involved in the particular incident in connection with a school activity or school-sponsored event. Notwithstanding another provision of law, a student arrested for a misdemeanor offense by a school resource officer must have a bond hearing in magistrate court within twenty-four hours of his arrest. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Recorded Vote

Senator ANDERSON desired to be recorded as voting against the adoption of Amendment No. 3 by Senator MARTIN.

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

RECESS

At 4:28 P.M., on motion of Senator FORD, the Senate receded from business.

At 4:44 P.M., the Senate resumed.

PRESIDENT Pro Tempore PRESIDES

At 5:05 P.M., Senator McCONNELL assumed the Chair.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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 ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.

The House returned the Bill with amendments.

Senator HUTTO proposed the following amendment (JUD0577.001), which was adopted:

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

/   scorekeeper, and 'coach' means a person recognized as a coach by/

Amend the bill further, as and if amended, page 4, lines 17 through 31, by striking SECTION 5 in its entirety and inserting therein the following:

/   SECTION   5.   Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.   (A)   Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any an offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."   /

Amend the bill further, as and if amended, page 4, after line 31, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 22-3-330 of the 1976 Code, as added by an act of 2008 bearing Ratification Number 314 (S. 1221), is repealed./
Renumber sections to conform.
Amend title to conform.

Senator HUTTO explained the amendment.

Senator CAMPSEN proposed the following amendment (JUD0577.002), which was adopted:

Amend the bill, as and if amended, page 4, after line 31, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 22-2-5(A) of the 1976 Code is amended to read:

"(A)   The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 2001. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 2001, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. No person is eligible to be appointed as a magistrate unless he receives a passing score on the eligibility examination. The results of these eligibility examinations are valid for six months one year before and six months one year after the time the appointment is to be made."     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator MARTIN proposed the following amendment (577R003.LAM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 5-7-12(A) of the 1976 Code is amended to read:

"(A)   The governing body of a municipality or county may upon the request of another governing body or of another political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. In all circumstances in which a school resource officer arrests a student for a misdemeanor offense, the officer may issue a courtesy summons to appear to a student involved in the particular incident in connection with a school activity or school-sponsored event. Notwithstanding another provision of law, a student arrested for a misdemeanor offense by a school resource officer must have a bond hearing in magistrate court within twenty-four hours of his arrest. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Recorded Vote

Senator ANDERSON desired to be recorded as voting against the adoption of Amendment No. 3 by Senator MARTIN.

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED AND ADOPTED, SENT TO THE HOUSE

S. 838 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MODIFICATION OF SINE DIE ADJOURNMENT PURSUANT TO THE PROVISIONS OF ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator MARTIN spoke on the Concurrent Resolution.

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (JUD838.002), which was adopted:

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

/   TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 2008, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE AND THE SPEAKER OF THE HOUSE NO EARLIER THAN 12:00 NOON, TUESDAY, JUNE 17, 2008, AND FOR NO MORE THAN THREE STATEWIDE LEGISLATIVE DAYS, FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON FRIDAY, JUNE 27, 2008, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

(A)   Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the Sine Die adjournment date for the General Assembly for the 2008 session is recognized and extended to permit the General Assembly to continue in session after Thursday, June 5, 2008, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, June 5, 2008, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives but in no event earlier than 12:00 noon, Tuesday, June 17, 2008, and in no event longer than three statewide legislative days, except as provided by subsection (C), for the following matters and subject to the following conditions, as applicable:

(1)   receipt and consideration of gubernatorial vetoes;

(2)   receipt, consideration, and confirmation of appointments;

(3)   receipt and consideration of resolutions affecting the Sine Die adjournment date;

(4)   receipt and consideration of local legislation which has the unanimous consent of the affected delegation; and

(5)   receipt and consideration of resolutions expressing sympathy or congratulations.

(B)   The President Pro Tem of the Senate and the Speaker of the House of Representatives may set a mutually agreed upon time between June 5, 2008, and Sine Die adjournment for officers of the Senate and House to ratify acts.

(C)   Unless adjourned earlier, the General Assembly shall stand adjourned Sine Die no later than at 5:00 p.m. on Friday, June 27, 2008./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The question then was the adoption of the Concurrent Resolution, as amended.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campbell                  Campsen                   Ceips
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    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
Williams

Total--46

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

On motion of Senator HUTTO, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 10:00 A.M. on Wednesday, June 4, 2008.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDMENT PROPOSED, PLACED IN THE STATUS
OF INTERRUPTED DEBATE

H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.

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

Amendment No. 1

Senator MALLOY proposed the following Amendment No. 1 (JUD3912.001):

Amend the committee amendment, as and if amended, page [3912-3], by striking SECTION 6 in its entirety and inserting therein the following:

/   SECTION   6.   Section 40-47-20(36) of the 1976 Code, as amended by Act 385 of 2006, is further amended to read:

"(36)   'Practice of Medicine' means:

(a)   advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

(b)   offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

(c)   offering or undertaking to prevent or to diagnose, correct, or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;

(d)   offering or undertaking to perform any surgical operation upon a person;

(e)   rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent; and

(f)   rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient;

(g)   using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D., D.O., or any combination of these in the conduct of any occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition in a clinical setting, unless such a designation additionally contains the description of another branch of the healing arts for which one holds a valid license in this State that is applicable to the clinical setting; and

(hg)   testifying as a physician in an administrative, civil, or criminal proceeding in this State by expressing an expert medical opinion."           /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Objection

Senator PEELER asked unanimous consent to make a motion to give the Bill a second reading, carrying over all amendments.

Senator MALLOY objected.

ACTING PRESIDENT PRESIDES

At 6:17 P.M., Senator MARTIN assumed the Chair.

Senator MALLOY resumed explaining the amendment.

Objection

S. 838 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MODIFICATION OF SINE DIE ADJOURNMENT PURSUANT TO THE PROVISIONS OF ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE.

Senator PEELER asked unanimous consent to make a motion to request the return of S. 838 from the House.

Senator MALLOY objected.

RECESS

At 6:18 P.M., on motion of Senator MALLOY, the Senate receded from business not to exceed five minutes.

At 6:20 P.M., the Senate resumed.

With Senator MALLOY retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

On motion of Senator McCONNELL, the Senate agreed to go into Executive Session.

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Clinton L. McClary, Jr., 141 Den Hill Trail, Gaffney, SC 29341 Temporary vacancy for: Robert B. Howell

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Magnolia T. Williams, P. O. Box 1281, Dillon, SC 29536

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
James F. Rodgers, P. O. Box 187, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Mackie D. Hayes, P. O. Box 1204, Dillon, SC 29536

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Charles D. Spivey, P. O. Box 272, Lake View, SC 29563