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 the book of Proverbs we read:

"Just as water reflects the face, so one human heart reflects another."

(Proverbs 27:19)
Let us bow in prayer:
O Lord, two weeks - just two weeks, most likely - may it be that everyone in this Senate Chamber, indeed, everyone within this State house, allows that reality to set in. So much still to do and so little time in this legislative session to do it. Gracious God, guide and direct each Senator and each of their staff members as they seek to make their actions and decisions reflect what they know to be in the best interest of the people here in South Carolina. Inspire these leaders to do their best, with all their hearts. Moreover, O God, we hold in our hearts the Senate's own Joyce Reid and her family in the death yesterday of Joyce's father, Colonel Bob Dalrymple. Give Joyce and her family your peace, Lord. In your loving name we pray.
Amen.
         
  The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following was received:

Document No. 3201
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
SUBJECT: Mobile Dental Facilities and Portable Dental Operations
Received by Lieutenant Governor March 27, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration March 3, 2009

Senator McCONNELL introduced Dr. Ivar Frithsen of Charleston, S.C., Doctor of the Day.

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

At 1:19 P.M., Senator SCOTT requested a leave of absence for Wednesday and Thursday of this week.

The following were introduced:

S. 1409 (Word version) -- Senators McConnell, 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, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE LEWIS R. VAUGHN OF GREENVILLE COUNTY FOR TWENTY YEARS OF DISTINGUISHED SERVICE IN THE GENERAL ASSEMBLY, UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE, AND TO EXPRESS DEEP APPRECIATION FOR HIS CONTRIBUTIONS TO OUR STATE, TO THE GENERAL ASSEMBLY, AND TO HIS CONSTITUENTS.
l:\council\bills\gm\24266sd08.doc

The Senate Resolution was adopted.

S. 1410 (Word version) -- Senators McConnell, 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, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese,

The Senate Resolution was adopted.

S. 1411 (Word version) -- Senators McConnell, 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, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE JOHN D. HAWKINS OF SPARTANBURG COUNTY FOR HIS TWELVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, UPON HIS RETIREMENT FROM THE SENATE, AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\gm\24282sd08.doc

The Senate Resolution was adopted.

S. 1412 (Word version) -- Senator Bryant: A SENATE RESOLUTION CONGRATULATING CALHOUN ACADEMY FOR THE ARTS FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\klb\022ande.dag.doc

The Senate Resolution was adopted.

S. 1413 (Word version) -- Senator Bryant: A SENATE RESOLUTION CONGRATULATING CONCORD ELEMENTARY SCHOOL FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\klb\024conc.dag.doc

The Senate Resolution was adopted.

S. 1414 (Word version) -- Senator Bryant: A SENATE RESOLUTION CONGRATULATING HANNA-WESTSIDE EXTENSION CAMPUS FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\klb\025hann.dag.doc

The Senate Resolution was adopted.

S. 1415 (Word version) -- Senator Bryant: A SENATE RESOLUTION CONGRATULATING NEW PROSPECT ELEMENTARY SCHOOL FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\klb\023newp.dag.doc

The Senate Resolution was adopted.

S. 1416 (Word version) -- Senator Scott: A SENATE RESOLUTION CONGRATULATING SUMMERVILLE ELEMENTARY SCHOOL FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\rrs\014summ.dag.doc

The Senate Resolution was adopted.

S. 1417 (Word version) -- Senator Scott: A SENATE RESOLUTION CONGRATULATING OAKBROOK ELEMENTARY SCHOOL FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\rrs\013oakb.dag.doc

The Senate Resolution was adopted.

S. 1418 (Word version) -- Senator Scott: A SENATE RESOLUTION CONGRATULATING WILLIAM M. REEVES, JR. ELEMENTARY SCHOOL FOR RECEIVING THE HIGHLY PRIZED RED CARPET AWARD.
l:\s-res\rrs\012wmre.dag.doc

The Senate Resolution was adopted.

S. 1419 (Word version) -- Senators McConnell, Patterson, McGill and Malloy: A SENATE RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE STEPHEN ATKINS SWAILS TO BE PLACED IN THE SENATE CHAMBER.
l:\s-jud\bills\mcconnell\jud0488.hla.doc

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

S. 1420 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF

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

S. 1421 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BOULEVARD STREET IN THE CITY OF ORANGEBURG FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 "WEBBER BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WEBBER BOULEVARD".
l:\council\bills\dt\27231cm08.doc

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

S. 1422 (Word version) -- Senator Williams: A SENATE RESOLUTION HONORING AND THANKING REVEREND DONNIE MCBRIDE AND THE PARISHIONERS OF ST. JOHN AME CHURCH IN MARION FOR HOSTING THE 117TH SESSION OF THE NORTHEAST ANNUAL CONFERENCE OF THE SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH.
l:\s-res\kmw\024revd.dag.doc

The Senate Resolution was adopted.

S. 1423 (Word version) -- Senator Knotts: A BILL TO AMEND CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO PROVIDE FOR THE CREATION OF AN OFFICE OF PROFESSIONAL STANDARDS UNDER THE TRAINING COUNCIL AND THE CRIMINAL JUSTICE ACADEMY TO INVESTIGATE AND HEAR COMPLAINTS AGAINST LAW ENFORCEMENT OFFICERS, TO DETERMINE THE NECESSARY ACTIONS TO BE TAKEN AGAINST A LAW ENFORCEMENT

Senator KNOTTS spoke on the Bill.

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

Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.

Ordered for consideration tomorrow.

Columbia, S.C., May 22, 2008

Mr. President and Senators:

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

H. 3326 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 22, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has reconsidered the vote whereby R. 244, H. 3084 was sustained, then subsequently sustained the veto a second time, by a vote of 40 to 60:

(R244, H3084 (Word version)) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER

Receive as information

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

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. 3957 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 44-39-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE DIABETES INITIATIVE OF SOUTH CAROLINA, SO AS TO DELETE THE REQUIREMENT THAT THE PRESIDENT OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD, AND TO PROVIDE THAT THE VICE PRESIDENT OF THE SOUTHEASTERN DIVISION OF THE AMERICAN DIABETES ASSOCIATION BE A MEMBER OF THE BOARD.

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

H. 4529 (Word version) -- Reps. Weeks, Whipper and R. Brown: A BILL TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE.

H. 4934 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4935 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND

H. 4229 (Word version) -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-130 SO AS TO REQUIRE THE PREPARATION OF JURY LISTS FROM THE TAPE OF PERSONS HOLDING A VALID STATE DRIVER'S LICENSE OR IDENTIFICATION CARD TO BE FURNISHED BY THE STATE ELECTION COMMISSION TO MUNICIPAL JURY COMMISSIONERS FOR USE IN SELECTING MUNICIPAL JURIES; AND TO AMEND SECTIONS 14-25-125 AND 14-25-155, BOTH RELATING TO THE COMPOSITION OF MUNICIPAL COURT JURY LISTS, BOTH SO AS TO PROVIDE THAT THE JURY LIST TO BE USED BY THE MUNICIPALITY IS THE LIST PREPARED BY THE JURY COMMISSIONERS FROM THE LATEST OFFICIAL LIST PROVIDED BY THE STATE ELECTION COMMISSION.

H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor,

H. 4713 (Word version) -- Rep. White: A BILL TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO EIGHT YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS.

H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.

H. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND ANNUALLY MAINTAINED.

H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR

H. 5090 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.

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

S. 1297 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 890 OF 1976, AS AMENDED, RELATING TO THE HOLLY SPRINGS VOLUNTEER FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE "HOLLY SPRINGS FIRE-RESCUE DEPARTMENT".

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

H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED

H. 5001 (Word version) -- Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.

Senator HAWKINS asked unanimous consent to remove his name from the minority report on the Bill and take the Bill up for immediate consideration.
There was no objection and the minority report was removed from the Bill.

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

Senators MARTIN and HAWKINS proposed the following amendment (JUD5001.004), which was adopted:

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

/   SECTION   1.   Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-125.   (A)   For purposes of this section:

(1)   'Domestic violence shelter' means a facility whose purpose is to serve as a shelter to receive and house persons who are victims of criminal domestic violence and that provides services as a shelter.

(2)   'Grounds' means the real property of the parcel of land upon which a domestic violence shelter or a domestic violence shelter's administrative offices are located, whether fenced or unfenced.

(3)   'Household member' means a household member as defined in Section 16-25-10.

(B)   It is unlawful for a person who has been charged with or convicted of a violation of Section 16-25-20 or Section 16-25-65, who is subject to an order of protection issued pursuant to Chapter 4 of Title 20, or who is subject to a restraining order issued pursuant to Article 17, Chapter 3 of Title 16, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices.

(C)   The domestic violence shelter must post signs at conspicuous places on the grounds of the domestic violence shelter and the domestic violence shelter's administrative offices which, at a minimum, read substantially as follows:

(D)   This section does not apply if the person has legitimate business or any authorization, license, or invitation to enter or remain upon the grounds or structure of the domestic violence shelter or the domestic violence shelter's administrative offices.

  (E)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the

SECTION   2.   Section 16-3-1770(C) of the 1976 Code is amended to read:

"(C) A restraining order issued pursuant to this article conspicuously must bear the following language:

(1)   'Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'; and

(2)   'Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.' "

SECTION   3.   Section 16-25-70(A) of the 1976 Code is amended to read:

"(A)   A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under pursuant to the provisions of Section 16-25-20(A) or (E), or 16-25-65, or 16-25-125 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection probable cause related to a violation pursuant to the provisions of this chapter by telephone or radio communication with the appropriate law enforcement agency. A law enforcement agency must complete an investigation of an alleged violation of this chapter even if the law enforcement agency was not notified at the time the alleged violation occurred. If an arrest warrant is sought, the law enforcement agency must present the results of the investigation and any other relevant evidence to a magistrate who may issue an arrest warrant if probable cause is established."

SECTION   4.   Section 16-25-120(D) of the 1976 Code is amended to read:

"(D)(1) At the bond hearing pursuant to the provisions of this section or another provision of law, the court shall inform in writing the person charged with a violation of Article 1, Chapter 25, Title 16 of his right to obtain counsel and, if indigent, his right to court-appointed counsel along with instructions on how to obtain court-appointed counsel.

(2)   If the court decides to release the person pending his trial, the court shall provide the person with a written notice that must conspicuously bear the following language:

'Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.'

(3)   The court shall provide the person with an opportunity to sign the notice evidencing the person's acknowledgment of having received and read the notice."

SECTION   5.   Section 20-4-60 of the 1976 Code is amended to read:

"Section 20-4-60.   (aA)   Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include:

(1)   Temporarily temporarily enjoining the respondent from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed.;

(2)   Temporarily temporarily enjoining the respondent from communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter and temporarily enjoining the respondent from entering or attempting to enter the petitioner's place of residence, employment, education, or other location as the court may order.

(bB)   Every order of protection issued pursuant to this chapter shall conspicuously bear the following language:

(1)   'Violation of this order is a criminal offense punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars'; and

(2)   'Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.'

(cC)   When the court has, after a hearing for any order of protection, issued an order of protection, it may, in addition:

(1)   Award award temporary custody and temporary visitation rights with regard to minor children living in the home over whom the parties have custody.;

(2)   Direct direct the respondent to pay temporary financial support for the petitioner and minor child unless the respondent has no duty to support the petitioner or minor child.;

(3)   When when the respondent has a legal duty to support the petitioner or minor children living in the household and the household's residence is jointly leased or owned by the parties or the respondent is the sole owner or lessee, grant temporary possession to the petitioner of the residence to the exclusion of the respondent.;

(4)   Prohibit prohibit the transferring, destruction, encumbering, or otherwise disposing of real or personal property mutually owned or leased by the parties or in which one party claims an equitable interest, except when in the ordinary course of business.;

(5)   Provide provide for temporary possession of the personal property of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered.;

(6)   Award award costs and attorneys'attorney's fees to either party.;

(7)   Award award any other relief authorized by Section 20-7-420; provided, however, the court must have due regard for any prior family court orders issued in an action between the parties.

(dD)   No protective order issued pursuant to this chapter may, in any manner, affect the title to real property.

(eE)   No mutual order of protection may be granted unless the court sets forth findings of fact necessitating the mutual order or unless both parties consent to a mutual order."

SECTION   6.   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   7.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

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

H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL

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

The Committee on Labor, Commerce, and Industry proposed the following amendment (4554R001.WGR), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 29 through 32 and inserting:

/     both. If the person or business taxed pays a business license tax to a county or to another municipality where the income is earned, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION

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

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20727SD08), which was adopted:

Amend the bill, as and if amended, by striking subsection (A) of Section 50-23-320 of the 1976 Code as contained in SECTION 24 and inserting:

/(A)   A vessel is not required to be numbered under this chapter if it is:

(1)   covered by a certificate of number in effect which has been issued to it pursuant to federal law or;

(2)   a federally approved numbering system of another state. However, this vessel must not be held or used on the waters of in this State for more than sixty consecutive days;

(2)(3)   from a country other than the United States and temporarily using the waters of this State;

(3)(4)   a vessel whose owner is the United States except recreational-type vessels;

(4)(5)   a vessel whose owner is the United States, a state, or political subdivision to a state used for governmental purposes and which is clearly identifiable as such;

(5)(6)   a vessel's lifeboat if the boat is used solely for lifesaving purposes;

(6)(7)   a vessel's tender;

(8)   boats designed, constructed, and used for racing;

(9)   a vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that the federal government has exempted the vessel or class of vessels from their numbering provisions or as otherwise permitted by the federal government;

(7)(10)   documented by the United States Coast Guard or a federal agency successor to it;

(8)(11)   used under authority of a valid temporary certificate of number issued by the department or its agent; or

(9)(12)   a sailboat or paddle boat when no propulsion machinery of any description is installed in or attached to the boat. /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the committee amendment.

The committee amendment was adopted.

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

H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E.H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING, AMONG OTHER THINGS.

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

The Committee on Agriculture and Natural Resources proposed the following amendment (4766R001.DBV), which was adopted:

Amend the bill, as and if amended, on page 2, by striking line 3 and inserting:

/   consumption for buildings in use on July 1, 2008, by twenty percent by July 1, 2020, relative to year   /

Amend the bill further, as and if amended, on page 3, by striking line 13 and inserting:

/   whose function is defined as athletics or research. For state technical colleges, this definition does not apply to those facilities whose primary function is to provide technical training and education in programs where significant energy consumption is necessary for the conduct of the academic program.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS

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

The Committee on Labor, Commerce, and Industry proposed the following amendment (4783R001.WGR), which was adopted:

Amend the bill, as and if amended, by deleting SECTIONS 2, 3, and 7.

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 5009 (Word version) -- Reps. G.M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.

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

The Committee on Labor, Commerce, and Industry proposed the following amendment (5009R001.WGR), which was adopted:

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

/     (2)   The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.       /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF

Senator MALLOY objected to further consideration of the Bill.

H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.

Senator SHEHEEN objected to further consideration of the Bill.

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.

On motion of Senator FAIR, 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

On motion of Senator RITCHIE, the Bill was 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

Senator RITCHIE explained the Bill.

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

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

H. 3590 (Word version) -- Reps. G.R. Smith, Bowen, Duncan, Haskins, Littlejohn, Lowe, Bedingfield and Stavrinakis: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2007" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND

Senator MARTIN moved to set H. 3590 for Special Order.

Senator MARTIN explained the Bill.

Senator MALLOY spoke on the Bill.

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

Alexander                 Bryant                    Campbell
Campsen                   Ceips                     Cleary
Courson                   Cromer                    Fair
Grooms                    Hayes                     Jackson
Lourie                    Martin                    Massey
McConnell                 Peeler                    Rankin
Reese*                    Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Thomas                    Verdin

Anderson                  Drummond                  Ford
Hawkins                   Hutto                     Knotts
Land                      Leatherman                Leventis
Malloy                    Matthews                  McGill
O'Dell                    Patterson                 Pinckney
Short                     Williams

*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 necessary two-thirds vote not having been received, the motion failed.

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

At 1:10 P.M. Senator McCONNELL assumed the Chair.

S. 75 (Word version) -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110 TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.

The House returned the Bill with amendments.

On motion of Senator COURSON, 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.

S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES

The House returned the Bill with amendments.

On motion of Senator GROOMS, 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.

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

The House returned the Bill with amendments.

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

Senator HUTTO proposed the following amendment (968R001.CBH), which was adopted:

Amend the bill, as and if amended, page 2, SECTION 3, by striking lines 41-43 and inserting:

(B)   This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 and is authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain locked in

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

At 1:35 P.M., Senator MARTIN assumed the Chair.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E.H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J.R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G.M. Smith, G.R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE FOR IMMIGRATION REFORM.
(ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment which was printed in the Journal of May 14, 2008.

Senator McCONNELL asked unanimous consent to withdraw the previously proposed amendment.

There was no objection and the amendment was withdrawn.

Senator HUTTO proposed the following amendment (JUD4400.013), which was laid on the table:

Amend the amendment (JUD4400.012), as and if amended, by striking SECTION 9 in its entirety and inserting the following:

/   SECTION   9.   Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460.   (A)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

(B)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

(C)   A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D)   A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.

(E)   Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii)   are necessary for the protection of life or safety.

Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.

(F)   Providing health care treatment or services, or providing legal service to a natural person who is in the United States unlawfully are not violations of this section."     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO spoke on the amendment.

Senator McCONNELL spoke on the amendment.

Senator McCONNELL moved to lay the amendment on the table.

By a division vote of 23-14 the amendment was tabled.

Senators McCONNELL, MARTIN, RITCHIE, CAMPSEN, FAIR, SCOTT, CLEARY and CEIPS proposed the following amendment (JUD4400.012), which was adopted:

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

/   SECTION   1.   This act may be cited as the "South Carolina Illegal Immigration Reform Act".

SECTION   2.   Section 1-31-40(A) of the 1976 Code is amended to read:

"(A)     The commission shall:

(1)   provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;

(2)   work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;

(3)   provide for publication of a statewide statistical abstract on minority affairs;

(4)   provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;

(5)   provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community;

(6)   determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;

(7)   establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;

(8)   act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;

(9)   seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;

(10)   promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and

(11)   establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and

(11)(12)   perform other duties necessary to implement programs."

SECTION   3.   Title 8 of the 1976 Code is amended by adding:

Section 8-14-10.   (A)   As used in this chapter, the term:

(1)   'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars. A contractor may also be a private employer.

(2)   'Director' means the director of the State Budget and Control Board.

(3)   'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.

(4)   'Federal work authorization program' means the E-Verify Program maintained and operated by the United States Department of Homeland Security and the Social Security Administration, or any successor program.

(5)   'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.

(6)   'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price. The term does not include:

(a)   a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;

(b)   a contract primarily for the acquisition of an end product; and

(c)   a contract that is predominantly for the performance of professional or consultant services.

(7)   'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor. A subcontractor may also be a private employer.

(8)   'Sub-subcontractor' means any person having a services contract with a subcontractor. A sub-subcontractor may also be a private employer.

(9)   'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 8-14-20.   (A)   On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify the employment authorization of all new employees.

(B)   A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

(1)   to register and participate in the federal work authorization program to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the

(2)   to employ only workers who:

(a)   possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in Section 56-1-40 through 56-1-90; or

(c)   possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Executive Director of the South Carolina Department of Motor Vehicles, or his designee. The Executive Director of the South Carolina Department of Motor Vehicles, or his designee, shall publish on its website a list of states where the license requirements are at least as strict as those in South Carolina.

(C)   A public employer and contractor must not divide work or duties that would otherwise constitute a single service contract into separate contracts for the purpose of avoiding the requirements of this chapter.

(D)   Subsection (B) applies as follows:

(1)   on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees;

(2)   on and after July 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and

(3)   on and after January 1, 2010, with respect to all other contractors, subcontractors or sub-subcontractors.

(E)   Private employers shall comply with the provisions of Chapter 8, Title 41.

Section 8-14-30.   The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this chapter for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this chapter for any contract governed by that procurement ordinance.

Section 8-14-40.   A public employer complies with this chapter if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this chapter and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this chapter to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this chapter by the contractor and any subcontractor or sub-subcontractor. A public employer need not audit or independently verify a contractor's compliance with this chapter.

Section 8-14-50.   A contractor or public employer who in good faith complies with the requirements of this chapter may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-14-60.   A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-14-70.   A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.

Section 8-14-80.   Except as otherwise provided in this chapter, the director shall prescribe all forms and promulgate regulations necessary for the application of this chapter to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

Section 8-14-90. Except as otherwise provided in this chapter, the director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this chapter to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

SECTION   4.   Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-80.   (A)   The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South

(1)   the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law or program designed for the purpose of state enforcement of federal immigration laws;

(2)   the detention of unlawful aliens by state and local law enforcement officials and the costs associated with those detentions;

(3)   the removal of detained unlawful aliens by federal authorities or, instead of removal, the deportation of illegal immigrants by state and local law enforcement officials;

(4)   training of state and local law enforcement officials pursuant to the 287-G program or other applicable federal law or program and the costs of such training; and

(5)   further communication and cooperation between federal law enforcement and state and local law enforcement officials in the area of immigration enforcement, pursuant to 8 U.S.C. Section 1357(g).

(B)   The memorandum of understanding negotiated pursuant to subsection (A) must be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor or as otherwise required by the appropriate federal agency.

(C)   The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B). The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

(D)   The director of the South Carolina Department of Corrections, the sheriff of a county, and the governing body of a municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.

(E)   A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."

SECTION   5.   Title 8 of the 1976 Code is amended by adding:

Section 8-29-10.   (A)   Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any alien eighteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that are administered by an agency or a political subdivision of this State.

(B)   The provisions of this article shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(C)   Verification of lawful presence pursuant to the provisions of this article is not required for:

(1)   a purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;

(2)   assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in the Social Security Act (42 U.S.C. 1396 et seq.), of the person involved and are not related to an organ transplant procedure;

(3)   short-term, noncash, in-kind emergency disaster relief;

(4)   public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

(5)   programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(a)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(b)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(c)   are necessary for the protection of life or safety;

(6)   prenatal care;

(7)   postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding

(8)   benefits, programs, services or any other assistance provided to victims of domestic violence, irrespective of their immigration status, under the Violence Against Women Act of 2000, Public Law Number 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, Public Law Number 104-208; or

(9)   benefits and refunds lawfully due from the South Carolina Retirement Systems pursuant to Title 9 of the South Carolina Code of Laws to members of the Retirement Systems and their beneficiaries.

(D)   Verification of lawful presence in the United States by the agency or political subdivision required to make such verification must occur as follows:

(1)   the applicant must execute an affidavit that he is a United States citizen or legal permanent resident eighteen years of age or older; or

(2)   the applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the Federal Immigration and Nationality Act, Public Law 82-414, eighteen years of age or older, and lawfully present in the United States.

(E)   For an applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until the eligibility verification is made, the affidavit shall be presumed to be proof of lawful presence for the purposes of this article.

(F)   A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. In addition, a person convicted pursuant to this section must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or

(G)   Persons convicted of a violation of this section are jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(H)   If an affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

(I)   It is unlawful for an agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this section.

(J)   All errors and significant delays by SAVE or its successor program must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor the state's participation in the SAVE program and its verification of application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.

(K)   An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 U.S.C. 1621 or 8 U.S.C. Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.

(L)   A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local

SECTION   6.   Title 8 of the 1976 Code is amended by adding:

Section 8-30-10.   (A)   The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of federal immigration laws or related provisions of South Carolina law by any non-United States citizen or immigrant, and allegations of violations of any federal immigration laws or related provisions in South Carolina law against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.

(B)   The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter, including, but not limited to the United States Bureau of Immigration and Customs Enforcement, consistent with 8 U.S.C. Section 1373.

Section 8-30-20.   The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."

SECTION   7.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-1175.   (A)   As used in this section:

(1)   'Unauthorized alien' means an unauthorized alien as defined by 8 U.S.C. Section 1324A(b)(3).

(2)   'Labor services' means the physical performance of services in this State.

(B)   On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer if the individual is an unauthorized alien. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(C)   This section shall not apply to a business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law.

(D)   This section shall not apply to an individual hired by the taxpayer prior to January 1, 2009.

(E)   This section shall not apply to a taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.

(F)   This section shall not apply to wages or remuneration paid for labor services to any individual whose employment authorization status was verified in accordance with the provisions of Section 41-8-20.

(G)   A taxpayer must not be held liable for failing to comply with the provisions of this section, if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was an unauthorized alien. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.

(H)   The director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(I)   The director of the Department of Revenue shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION   8.   Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-595.   (A)   A withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of seven percent of the amount of compensation paid to an individual, which compensation is reported on Form 1099 and with respect to which the individual has:

(1)   failed to provide a taxpayer identification number or social security number;

(2)   failed to provide a correct taxpayer identification number or social security number; or

(3)   provided an Internal Revenue Service issued taxpayer identification number issued for nonresident aliens.

(B)   A withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of the form to the commissioner.

(C)   A withholding agent does not violate this section if the individual provides a false or incorrect social security number or taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on a reasonable investigation that the number provided is false or incorrect.

(D)   The director of the South Carolina Department of Revenue shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION   9.   Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460.   (A)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

(B)   It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with intent to further that person's unlawful entry into the United States or avoiding apprehension or detection of that person's unlawful immigration status by state or federal authorities.

(C)   A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished

(D)   A person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to a violation of this section must not be permitted to seek or obtain any professional license offered by the State or any agency or political subdivision of the State.

(E)   Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i)   deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii)   do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii)   are necessary for the protection of life or safety.

Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as the shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States.

(F)   Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section."

SECTION   10.   Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-525.   (A)   In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contendere to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable an alien who is unlawfully present in the United States to live or work in the United States, or to receive benefits administered by an agency or political subdivision of this State, must disgorge any benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties.

(B)   A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against any person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.

(C)   A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(D)(1)   It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit identity document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.

(2)   A person who violates the provisions of this section:

(a)   for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and

(b)   for a second offense or subsequent offenses, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.

(E)   A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section.

(F)   In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify any alien's status with the federal government in accordance with 8 U.S.C. Section 1373(c)."

SECTION   11.   Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-1100.   (A)   If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is an alien unlawfully present in the United States.

(B)   If the prisoner is an alien, the keeper of the jail or other officer must make a reasonable effort to verify whether the prisoner has been lawfully admitted to the United States or if the prisoner is unlawfully present in the United States. Verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined to be an alien unlawfully present in the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

(C)   Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is an alien unlawfully present in the United States and must forward an invoice to the Department of Homeland Security for these expenses.

(D)   Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider whether the person charged is an alien unlawfully present in the United States.

(E)   The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(F)   In enforcing the terms of this section, no state officer shall attempt to make an independent judgment of an alien's immigration status. State officials must verify an alien's status with the federal government in accordance with 8 U.S.C. Section 1373(c)."

SECTION   12.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-30.   (A)   There is a civil right of action for wrongful termination against an employer who discharges an employee

(B)   An aggrieved employee must show all of the following:

(a)   the replacement occurred within sixty days of the date of the employee's termination,

(b)   the replacement worker was an unauthorized alien at the time of the replacement;

(c)   the employer knew or reasonably should have known of the replacement worker's status; and

(d)   the replacement worker filled duties and responsibilities the employee vacated.

(C)   This section does not create an employment contract for either a public or private employer.

(D)   An employee who brings a civil suit pursuant to this section is limited to the following recovery:

(1)   reinstatement to his former position;

(2)   actual damages; and

(3)   lost wages.

(E)   A cause of action does not arise against an employer who submits the necessary identifying information for all employees through the Systematic Alien Verification of Entitlement (SAVE) program, the E-Verify Program or a successor program used for verification of work authorization and operated by the United States Department of Homeland Security.

(F)   Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.

(G)   For any action brought pursuant to this section, the court may award attorney fees to the prevailing party.

(H)   The provisions of this section do not apply to a private employer who terminates an employee to comply with the provisions Chapter 8 of Title 41.

(I)   This section takes effect ninety days after the effective date of the act."

SECTION   13.   Title 40 of the 1976 Code is amended by adding:

Section 40-83-10.   This act shall be cited as the 'Registration of Immigration Assistance Service Act'.

Section 40-83-20.   As used in this chapter, the term:

(A)   'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

(B)   'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.

(C)   'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.

(D)   'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(E)   'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:

(1)   immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(2)   action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 43-83-30.   (A)   A person who provides or offers to provide immigration assistance service shall perform only the following services:

(1)   completing a government agency form, requested by the customer and appropriate to the customer's needs only if the completion of that form does not involve a legal judgment for that particular matter;

(2)   transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to his or her answers on those forms;

(3)   translating information on forms to a customer and translating the customer's answers to questions posed on those forms;

(4)   securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;

(5)   translating documents from a foreign language into English;

(6)   notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;

(7)   making referrals, without a fee, to attorneys who could undertake legal representation for a person in an immigration matter;

(8)   preparing or arranging for the preparation of photographs and fingerprints;

(9)   arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results;

(10)   conducting English language and civics courses; and

(11)   performing other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.

(B)   The following persons are exempt from this chapter:

(1)   an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

(2)   a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements in item (1) of this subsection and rendering immigration assistance service in the course of employment; or

(3)   a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(C)   This chapter does not regulate any business to the extent that such regulation is prohibited or preempted by federal law.

(D)   A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation, and as may be required by a local governing authority.

(E)   A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F)   Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.

(G)   A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

(H)   A person engaged in providing immigration services who is not exempted under this chapter may not:

(1)   accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;

(2)   refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(3)   represent or advertise, in connection with providing assistance in immigration matters, other titles or credentials, including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, provided that a certified notary public may use the term ' notary public' if the use is accompanied by the statement that the person is not

(4)   provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law; or

(5)   make any misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

(I)   Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.

(J)   Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It is a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other

(K)   Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.

(L)   The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(M)   This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."

SECTION   14.   Section 14-7-1630(A)(8) and (9) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(8)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and

(9)   a crime involving the knowing and willful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined in Section 43-5-1410, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)   a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

(11)   a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-91-40, if the number of violations exceeds twenty, or if a benefit received by a

(12)   a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section."

SECTION   15.   Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.   (A)   It is unlawful for an alien unlawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

(B)   It is unlawful for an alien unlawfully present in the United States to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.

(C)   A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D)   A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."

SECTION   16.   Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"Section 17-15-30.   (A)   In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:

(1)   family ties,;

(2)   employment,;

(3)   financial resources,;

(4)   character and mental condition,;

(5)   the length of his residence in the community,;

(6)   his record of convictions,; and

(7)   his record of flight to avoid prosecution or failure to appear at other court proceedings.

(B)   The court shall consider:

(1)   the accused's criminal record, if any. The court shall consider, if available,;

(2)   all incident reports generated as a result of the offense charged, if available; and

(3)   whether the accused is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status."

SECTION   17.   Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-430.   (A)   An alien unlawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified. In doing so, institution personnel shall not attempt to independently verify the immigration status of any alien, but shall verify any alien's immigration status with the federal government pursuant to 8 U.S.C. Section 1373(c).

(B)   An alien unlawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."

SECTION   18.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170.   (A)   For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.

(B)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.

(C)   A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.

(D)   A city, county, municipality, or other local government or political subdivision may not enact any ordinance, policy, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal law or that is in conflict with state law. An enactment found to be in conflict with federal or state law is void."

SECTION   19.   Title 41 of the 1976 Code is amended by adding:

Section 41-8-10.   As used in this chapter:

(A)   'Agency' means any agency, department, board, or commission of this state or any political subdivision of this state that issues a license for the purposes of operating a business in this state.

(B)   'Director' means the Director of the Department of Labor, Licensing and Regulation or his designee.

(C)   'License' means an agency permit, certificate, approval, registration, charter, or similar form of authorization that is required by law and that is issued by the state, an agency, or political subdivision for the purpose of operating a business or engaging in a profession in this State, to include a South Carolina employment license.

(D)   'Political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

(E)   'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 41-8-20.   (A)   All private employers in South Carolina on or after July 1, 2009 shall be imputed a South Carolina employment license, which permits a private employer to employ a person in this

(B)   On and after July 1, 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must:

(1)   register and participate in the E-Verify federal work authorization program, or its successor, to verify information of all new employees, and verify the work authorization of every new employee within five business days after employing a new employee; or

(2)   employ only workers who, at the time of employment:

(a)   possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in Sections 56-1-40 through 56-1-90; or

(c)   possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the director. The Executive Director of the Department of Motor Vehicles, or his designee, shall determine which states have drivers license requirements that are at least as strict as those in South Carolina, and shall develop and periodically update a list of the states. The Department of Motor Vehicles shall provide the director with a copy of the list and all updates to the list. The director shall publish the list on the Department of Labor, Licensing and Regulation's website.

(C)   The provisions of subsection (B) apply to all private employers who employ less than one hundred employees and who are required by federal law to complete and maintain federal employment eligibility verification forms or documents on and after July 1, 2010.

(D)   The Employment Security Commission must provide private employers with technical advice and electronic access to the E-Verify federal work authorization program's website for the sole purpose of registering and participating in the program.

(E)   Private employers who elect to verify a new employee's work authorization in accordance with Section 41-8-20(B)(1) shall provisionally employ a new employee until his work authorization has

(F)   To assist private employers in understanding the requirements of this chapter, the director shall send written notice of the requirements of this section, to include a list of states with driver's license requirements at least as strict as those in South Carolina, to all South Carolina employers no later than January 1, 2009, and shall publish the information contained in the notice on its website. Nothing in this section shall create a legal requirement that any private employer receive actual notice of the requirements of this chapter through written notice from the director, nor create any legal defense for failure to receive notice.

Section 41-8-30.   A private employer shall not knowingly or intentionally employ an unauthorized alien.

Section 41-8-40. For purposes of this chapter, a private employer who in good faith verifies the immigration status of a new employee pursuant to subsection (B)(1) of Section 41-8-20 shall be presumed to have complied with the provisions of Section 41-8-20 and Section 41-8-30.

Section 41-8-50.   (A)   Upon receipt of a written and signed complaint against a private employer, or upon an investigation initiated by the director for good cause, if the director finds reasonable grounds exist that a private employer allegedly violated the provisions of Section 41-8-20 or Section 41-8-30, the director must institute an investigation of the alleged violation. The director shall verify the work authorization status of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. Section 1373(c). A state, county, or local official must not attempt to independently determine if an alien is authorized to work in the United States.

(B)   If, after completing the investigation, and after reviewing any information or evidence submitted by the private employer demonstrating compliance with the provisions of this chapter, the director determines that substantial evidence exists to support a finding that the private employer has committed a violation of Section 41-8-20 or Section 41-8-30, the director shall:

(1)   notify the United States Immigration and Customs Enforcement of suspected unauthorized aliens employed by the private employer;

(2)   notify state and local law enforcement agencies responsible for enforcing state immigration laws of the employment of suspected unauthorized aliens by the employer; and

(3)   assess a penalty in accordance with subsection (D) of this section.

(C)   The director must not bring an action for an occurrence involving a violation of Section 41-8-20 or Section 41-8-30 against a private employer of one hundred or more employees prior to July 1, 2009, or against a private employer of less than one hundred employees prior to July 1, 2010. The director must not bring an action against a private employer for any employee who has been employed for five days or less at the time of the director's inspection or random audit. A second occurrence involving a violation of this section must be based only on an employee who is employed by the private employer after a first action has been brought for a violation of Section 41-8-20 or Section 41-8-30.

(D)   Upon a finding of an occurrence involving a violation after an investigation pursuant to subsection (A), or after a random audit pursuant to Section 41-8-120(B), where the director considered all information or evidence gathered by the director and any information or evidence submitted by the private employer demonstrating compliance with the provisions of this chapter:

(1)   for an occurrence involving a violation of Section 41-8-20, the private employer must be assessed a civil penalty of not less than one hundred dollars and not more than one thousand dollars for each violation. However, for a first occurrence involving a violation of Section 41-8-20, if, upon notification by the director of a violation of Section 41-8-20, the private employer complies with the provisions of Section 41-8-20(B) within seventy two hours, he must not be assessed a penalty. Any subsequent occurrence involving a violation of Section 41-8-20 by the private employer shall result in the assessment of a civil penalty by the director, except, if a private employer has not committed a violation of Section 41-8-20 within the previous five years, a subsequent occurrence must be treated as a first occurrence. If a private employer has ever committed a violation of Section 41-8-30, he must be assessed a civil penalty for any violation or subsequent occurrence involving a violation of Section 41-8-20. The director must verify the work authorization status of the employees with the federal

(2)   for a first occurrence involving a violation of Section 41-8-30, a private employer's license is suspended, and must remain suspended for at least ten days but not more than thirty days. During the period of suspension, a private employer may not employ an employee. After the period of suspension, a private employer's license must be reinstated, permitting the private employer to engage in business and to employ an employee, if the private employer:

(i)     demonstrates that he has terminated the unauthorized alien; and

(ii)   pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars.

(3)   for a second occurrence involving a violation of Section 41-8-30, a private employer's license is suspended, and must remain suspended for at least thirty days but not more than sixty days. During the period of suspension, a private employer may not employ an employee. After the period of suspension, a private employer's license must be reinstated, permitting the private employer to engage in business and to employ an employee, if the private employer:

(i)     demonstrates that he has terminated the unauthorized alien; and

(ii)   pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars.

(4)   for a third and subsequent occurrences involving a violation of Section 41-8-30, a private employer's license is revoked, and the private employer may not employ an employee. For a third occurrence only, after ninety days, a private employer may petition the director for a provisional license. The director may grant the private employer a provisional license if the private employer:

(i) agrees to be on probation for a period of three years, during which time the private employer must submit quarterly reports to the director demonstrating compliance with the provisions of Sections 41-8-20 and 41-8-30;

(ii)   demonstrates that he has terminated the unauthorized alien; and

(iii)   pays a reinstatement fee equal to the cost of investigating and enforcing the matter, provided that the reinstatement fee must not exceed one thousand dollars.

For all other occurrences where a private employer's license is revoked, the private employer may not seek reinstatement of his license for a period of five years. After five years, the director may grant reinstatement of a private employer's license if the private employer:

(i)   agrees to be on probation for a period of three years, during which time the private employer must submit quarterly reports to the director demonstrating compliance with the provisions of Sections 41-8-20 and 41-8-30;

(ii)   demonstrates that he has terminated the unauthorized alien; and

(iii)   pays a reinstatement fee equal to the cost of investigating and adjudicating the matter, provided that the reinstatement fee must not exceed one thousand dollars.

(5) If a private employer engages in business or employs a new employee during the period that his license is suspended, the private employer's license shall be revoked, and shall not be reinstated for a period of five years, and only upon a determination by the director that the private employer has complied with the provisions of item (4) of this section.

(E)   For purposes of this chapter, it shall be a separate violation each time the private employer fails to verify the immigration status of a new employee as required by Section 41-8-20.

(F)   In assessing a civil penalty or taking any other disciplinary action for a violation of Section 41-8-20 or Section 41-8-30, the director shall base his determination on any evidence or information collected during the investigation or submitted for consideration by the employer, and shall consider the following factors, if relevant:

(1)   the number of employees for whom the private employer has failed to verify their immigration status;

(2)   the prior violations of this chapter by the private employer;

(3)   the size of the private employer's workforce;

(4)   any actions taken by the private employer to comply with federal immigration laws or with the provisions of this chapter;

(5)   any actions taken by the private employer subsequent to the inspection or random audit to comply with the provisions of this chapter; and

(6)   the duration of the violation.

(G)   Reinstatement fees assessed in accordance with this section shall be used to cover the administrative costs of implementing, investigating, and enforcing the provisions of this chapter .

(H)   The director shall maintain a list of all private employers who have been assessed a civil penalty pursuant to this chapter, or who had their license disciplined, or revoked, and shall publish the list on the agency's website.

(I)   If a private employer continues to engage in business after his license has been revoked pursuant to this chapter, the director must seek an injunction from the court to enjoin the private employer from continuing to operate his business for which his license was revoked or from employing new employees.

Section 41-8-60.   (A)   In each case where a civil penalty assessed by the director pursuant to Section 41-8-50(D)(1) is not paid within sixty days, the director shall bring an action against the assessed employer for collection of the penalty. An action commenced by the director shall be brought in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(B)   A private employer may seek review of the director's assessment of a civil penalty or disciplinary action pursuant to Section 41-8-50 with the Administrative Law Court, and the action shall be brought in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

Section 41-8-70.   In addition to other penalties provided for by law, a person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 41-8-80.   A local government must not enact an ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.

Section 41-8-90.   The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 41-8-100.   Nothing in this chapter shall be construed to abrogate a private employer's obligation to comply with federal immigration law, including the proper completing and maintaining of federal employment eligibility verification forms or documents.

Section 41-8-110. A private employer who terminates an employee to comply with the provisions of this chapter shall not be subject to a

Section 41-8-120.   (A)   The director shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws to establish a procedure for administrative review of any revocation, civil penalty, or other disciplinary action assessed against a private employer or his South Carolina employment license pursuant to this chapter.

(B)   The director shall develop a statewide random auditing program to inspect private employers for compliance with the provisions of this chapter, and shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws governing the implementation of the audit program.

Section 41-8-130.   The director, his inspectors, agents, or designees, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the private employer and inspect, investigate, reproduce, or photograph original business records relevant to determining compliance with the provisions of this chapter.

Section 41-8-140.   All amounts collected pursuant to this chapter shall be retained by the director and must be used to fund the costs of implementing and enforcing the provisions of this chapter."

SECTION   20.   If any subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Section 19 is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the Section, the General Assembly hereby declaring that it would have passed this act, and each and every subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   21.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem,

SECTION   23.   This act takes effect upon approval by the Governor.           /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E.H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J.R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G.M. Smith, G.R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE FOR IMMIGRATION REFORM.
(ABBREVIATED TITLE)

Senator RITCHIE asked unanimous consent to make a motion to give the Bill a third reading tomorrow.

Senator MALLOY objected.

On motion of Senators LEVENTIS, ALEXANDER, ANDERSON, BRYANT, CAMPBELL, CAMPSEN, CEIPS, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LOURIE, MALLOY, MARTIN, MASSEY, MATTHEWS, McCONNELL, McGILL, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, THOMAS, VAUGHN, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert (Bob) Curtis Dalrymple of Columbia, S.C., beloved father of Joyce Reid, one of the Senate's most devoted employees and journal desk clerk.

At 1:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 22, 2009 at 1:52 P.M.