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

Printed Page 704 . . . . . Tuesday, February 5, 2008

Tuesday, February 5, 2008
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

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

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

The Psalmist proclaims:

"O sing to the Lord a new song, for he has done marvelous things."
(Psalm 98:1a)

Let us pray.

We are so conscious of Your many blessings to us, O Lord. We freely and joyfully give You praise for Your faithfulness to us, for Your gracious gifts, for Your rich promises. Yet we cannot help but wonder, what will be the songs others "sing" about us, about the work of this body, about this year, 2008, here in the South Carolina Senate? We know we cannot control what many say sometimes in response to our heart-felt best efforts. Guide us, however, dear God, so that the end results will be pleasing in Your sight and prove to be beneficial for the people of this State. In Your loving name we pray, Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Greenville County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Austin J. Tothacer, Jr., 210 Quail Creek Lane, Greenville, SC 29615 VICE Letonya Simmons

Initial Appointment, Sumter County Master-in-Equity, with the term to commence December 31, 2004, and to expire December 31, 2010
Richard L. Booth, Esquire, Sumter County Courthouse, 104 North Main Street, Sumter, SC 29150 VICE Linwood S. Evans

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COMMUNICATION
Office of the Attorney General
Post Office Box 11549
Columbia, SC 29211-1549
January 30, 2008

The Honorable Jeffrey S. Gossett
Clerk of the Senate
401 Gressette Building
Columbia, SC 29201

Dear Clerk Gossett:

Pursuant to the South Carolina Code of Laws Section 6 of the Criminal Gang Prevention Act, please find enclosed the report of the Gang Prevention Study Committee.

Yours very truly,
/s/ Henry McMaster
Encl/

GANG PREVENTION STUDY COMMITTEE INITIAL REPORT

The Legislature established the Gang Prevention Study Committee under the Criminal Gang Prevention Act on July 1, 2007. It was established to study and keep abreast of issues and problems in South Carolina concerning criminal gang activity, and to make a report to the Governor, the President Pro Tempore, and the Speaker of the House of Representatives by January 30, 2008. This committee is comprised of:
--the Attorney General, or his designee, who shall serve as chairman;
--three members of the House of Representatives, appointed by the Speaker of the House of Representatives;
--three members of the Senate, appointed by the President Pro Tempore of the Senate;
--one person appointed by the Chief of the State Law Enforcement Division;
--one person appointed by the South Carolina Sheriffs' Association;
--one person appointed by the Director of the Department of Juvenile Justice;

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--one person appointed by the Director of the Department of Corrections;
--one person appointed by the Director of the Department of Social Services;
--one person appointed by the South Carolina Municipal Association; and
--two persons appointed by the Governor, one of which must be a member of the faith-based community.
This is our report.

FINDINGS

This committee held meetings on December 17, 2007, January 14, 2008, and January 25, 2008, to discuss and develop strategies for combating South Carolina's problems with criminal gangs. Statistics provided by the Department of Juvenile Justice (DJJ) indicate that the average age of a criminal gang member is fifteen (15) years, eight (8) months and the average age of recruitment is thirteen (13) years. These individuals frequently come under state supervision while they are juveniles and remain under some type of state supervision well into adulthood through probation, incarceration or parole. Therefore, it is the finding of this committee that gang activity must be addressed on the primary, secondary and tertiary level through a mix of diversion, remediation and incarceration.
It is the finding of the committee that criminal gangs have spread throughout our state and now pose a significant threat to the community at large. This committee has identified the following five (5) critical piers for dealing with South Carolina's gang problem:

The State Grand Jury must be utilized to prosecute gang-related crimes and gather information on the structure and organization of gangs.

The state must provide specialized education and training for law enforcement personnel and the public service community to effectively combat gang-related crimes.

The state must have a mandatory, inclusive reporting system to track gang activity through the State Law Enforcement Division (SLED).

Schools, parents, concerned citizens and youths must be educated to the dangers of criminal gangs.

The state must develop a comprehensive plan to combat gang activity, including integration of new programs and ideas into existing gang diversion programs.

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1.   THE STATE GRAND JURY MUST BE UTILIZED TO PROSECUTE GANG-RELATED CRIMES AND GATHER INFORMATION ON THE STRUCTURE AND ORGANIZATION OF GANGS.

In order to successfully combat criminal gangs in South Carolina, the State Grand Jury must be utilized to investigate the structure and pervasiveness of criminal gangs. The subpoena power of the State Grand Jury allows the state to compel testimony from individual gang members concerning the composition and structure of their respective gangs. This is an invaluable tool in discovering other potential participants in the crimes of the gang. Prosecution through the State Grand Jury allows the state to collect this information and disseminate it to law enforcement and to local communities. This will allow the State to prosecute and imprison the leaders of the gang and destroy the command structure.

2.   THE STATE MUST PROVIDE SPECIALIZED EDUCATION AND TRAINING FOR LAW ENFORCEMENT PERSONNEL AND THE PUBLIC SERVICE COMMUNITY TO EFFECTIVELY COMBAT GANG-RELATED CRIMES.

It is critical for the state to provide education to law enforcement concerning the composition and working structure of criminal gangs that have been identified as operating in South Carolina. The Office of the Attorney General has begun this endeavor by providing free training on the implications of the Gang Prevention Act and local law enforcement's role in Grand Jury investigations. The Attorney General has provided this training to the South Carolina Solicitor's Association, the 1st Judicial Circuit Victim's Association and the Attorney General will be presenting to the South Carolina School Resource Officer's Convention. The Attorney General, DJJ and other state agencies should work in conjunction to provide training to the public service community in order to properly educate first responders to the dangers of South Carolina's criminal gangs.

3.   THE STATE MUST HAVE A MANDATORY, INCLUSIVE REPORTING SYSTEM TO TRACK GANG ACTIVITY THROUGH THE STATE LAW ENFORCEMENT DIVISION (SLED).

The free flow of information is a key component to successfully combating gang activity. The state should establish a mandatory, inclusive reporting system of gang activity monitored through the State Law Enforcement Division (SLED). This reporting system should be used to coordinate community and law enforcement responses to areas

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showing significant gang-related activity. By using this information, the state can employ techniques to reduce gang membership by combating related problems such as substance abuse, truancy, unemployment and mental health problems. SLED has created a gang database in an attempt to assemble this information, though it does not currently contain a mandatory reporting function. It is imperative that updates to this database be mandatory. Adding a "possible gang indicators" check box on all South Carolina initial incident reports can accomplish this important function. The addition of this to an officer's incident report will provide an easy way to track gang crime through the SLED database.

4.   SCHOOLS, PARENTS, CONCERNED CITIZENS AND YOUTH MUST BE EDUCATED TO THE DANGERS OF CRIMINAL GANGS.

Schools, parents and the community at large must be educated about the signs of criminal gang activity. Community members are the eyes and ears of law enforcement. They provide the first line of defense against gangs by their presence in the neighborhood. This presence can be intensified through block watches and foot patrols. To successfully utilize the community resources, state agencies must work together to provide information and education about local gangs. The agencies can provide training sessions at parent-teacher organizations, local faith-based institutions and school assemblies. School resource officers, guidance counselors and teachers should play an integral part in educating the community. It is the finding of the committee that the Department of Education should be added to the gang prevention study committee.

Further, it is the finding of this committee that the failure to finish high school is a significant contributor to a child's involvement in a criminal gang. Therefore, the Department of Education, DJJ and other state agencies should develop programs to provide services and education to children expelled from school. These programs will be integral in steering dropouts and expelled students away from criminal street gangs. Finally, the state should work to develop and pass a comprehensive dropout prevention plan.

5.   THE STATE MUST DEVELOP A COMPREHENSIVE PLAN TO COMBAT GANG ACTIVITY, INCLUDING INTEGRATION OF NEW PROGRAMS AND IDEAS INTO EXISTING GANG DIVERSION PROGRAMS.

In order to develop a comprehensive plan to combat gang activity, the committee finds that the state must develop and integrate new

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programs and ideas into existing gang diversion programs. This should be successfully achieved through a coordinated mix of prevention, intervention and suppression focused on at-risk juveniles. The state should employ gang prevention services not only to encourage youth resiliency to gangs, but also to encourage positive social behaviors. Schools, faith-based organizations and public and private support groups must implement development programs that promote social, emotional, cognitive and behavioral development as well as moral competency and self-determination. It is the finding of this committee that this is best accomplished using a mix of programs that have proven to be effective in combating gangs. These proven programs should receive priority in funding. Currently, measures have been implemented by the Department of Juvenile Justice to accomplish this goal. DJJ has had success implementing Teen After-School (TAS) Centers. These TAS Centers serve as prevention tools by providing a safe place for youths to congregate in the after-school hours. Adult staff and volunteers provide mentoring, tutoring, recreational activities and cultural activities while encouraging youths to stay in school and avoid negative peer associations. Additionally, the Youth Challenge Program (YCP) administered through a mix of federal and state funds has also had success building youths' resiliency to gangs. Programs such as the TAS Centers and YCP have proven to be effective in preventing at-risk youths from falling victim to gangs.
The state should also develop programs designed to intervene in situations where gangs have become established. The state must identify youths who are currently engaged in gang involvement who wish to extricate themselves. Data provided by DJJ indicate that two major reasons for youth gang activity stem from lack of adult supervision and poverty. While the TAS centers have been shown to effectively combat lack of supervision, DJJ has implemented the Juvenile Employment Enrichment Program (JEEP). This program assists gang-affiliated youths to find a more productive and positive way to earn income. This program is a year-long employment program that provides life skills and employment curriculum in a safe after-school environment. Similarly, Operation Gang Out has shown a history of success in intervening and rehabilitating children already involved in street gangs.

Conclusion

It is the finding of this committee that the state should extend the Gang Prevention Study Committee, with the addition of the Department of Education, for no longer than twenty-four (24) months

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and based on the findings and recommendations of this committee, the state should consider creating a permanent gang awareness commission to continue to monitor these efforts. This is a necessary step in assessing and combating South Carolina's gang problem because an accurate and meaningful assessment will require substantial time and energy. This committee will be a useful tool in bringing together different state agencies so that we may work together to supplement our individual gang reduction plans.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3172
Agency: Commission on Higher Education
SUBJECT: South Carolina Residency Program
Received by Lieutenant Governor February 5, 2008
Referred to Education Committee
Legislative Review Expiration June 4, 2008

Document No. 3173
Agency: Commission on Higher Education
SUBJECT: South Carolina HOPE Scholarship
Received by Lieutenant Governor February 5, 2008
Referred to Education Committee
Legislative Review Expiration June 4, 2008

Document No. 3185
Agency: Commission on Higher Education
SUBJECT: South Carolina Need-based Grants Program
Received by Lieutenant Governor February 5, 2008
Referred to Education Committee
Legislative Review Expiration June 4, 2008

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 3111
Agency: Department of Health and Environmental Control - Coastal Council
SUBJECT: Coastal Division Regulations

Printed Page 711 . . . . . Tuesday, February 5, 2008
Received by Lieutenant Governor January 8, 2008
Referred to Agriculture and Natural Resources Committee
Withdrawn and Resubmitted February 4, 2008

Doctor of the Day

Senator SETZLER introduced Dr. William F. Ward of West Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator HAWKINS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Status Report of the Joint Transportation Screening Committee

Senator GROOMS, Chairman of the Joint Transportation Screening Committee, was recognized to give a report to the Senate.

S. 1032--CO-SPONSORS ADDED

S. 1032 (Word version) -- Senators Leatherman and Peeler: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.

On motion of Senator SETZLER, with unanimous consent, the names of Senators SETZLER, HAYES and CAMPBELL were added as co-sponsors of S. 1032.

S. 1018--CO-SPONSOR ADDED

S. 1018 (Word version) -- Senators Martin, Setzler, Ceips, Hawkins, Land, O'Dell and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-43 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A PERSON WITH AN INTEREST IN A REAL ESTATE TRANSACTION INVOLVING AN APPRAISAL TO COMMIT ANY ACT THAT IMPAIRS THE INDEPENDENT JUDGMENT OF THE APPRAISER IN CARRYING OUT THE APPRAISAL ASSIGNMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR A CIVIL CAUSE OF ACTION

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INCLUDING THE AWARD OF COURT COSTS AND ATTORNEY'S FEES, AND TO PROVIDE FOR REVOCATION OF PROFESSIONAL LICENSES OF OFFENDERS.

On motion of Senator SCOTT, with unanimous consent, the name of Senator SCOTT was added as a co-sponsor of S. 1018.

S. 988--CO-SPONSOR ADDED

S. 988 (Word version) -- Senators McConnell, Rankin, Hutto, Martin, Alexander, Bryant, Anderson, Campbell, Ceips, Drummond, Ford, O'Dell, Pinckney, Ritchie, Sheheen, Thomas, Verdin, Williams, Knotts, Setzler, Massey and Lourie: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, AND BY ADDING SECTIONS 27-18-185 AND 27-18-255, SO AS TO PROVIDE FOR AN ALTERNATIVE METHOD OF DISPOSITION OF CERTAIN PATRONAGE ALLOCATIONS.

On motion of Senator LEATHERMAN, with unanimous consent, the name of Senator LEATHERMAN was added as a co-sponsor of S. 988.

S. 1006--CO-SPONSOR ADDED

S. 1006 (Word version) -- Senators Ritchie, McConnell, Setzler, Leventis, Knotts, Lourie, Hutto, Martin, Hayes, Ceips, Reese, Elliott and Hawkins: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-235 TO PROVIDE THAT A SPOUSE OR DEPENDENT OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER KILLED IN THE LINE OF DUTY MAY CONTINUE TO RECEIVE HEALTH AND DENTAL BENEFITS.

On motion of Senator FAIR, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of S. 1006.

S. 966--CO-SPONSOR ADDED

S. 966 (Word version) -- Senators Leatherman, Hutto and Ritchie: A BILL TO AMEND SECTION 16-17-680 OF THE 1976 CODE, RELATING TO UNLAWFUL PURCHASE OF COPPER, TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, AND OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND TO AMEND CHAPTER 11, TITLE 16 BY ADDING SECTION 16-11-523, TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND

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MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, AND TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICITIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.

On motion of Senator McCONNELL, with unanimous consent, the name of Senator McCONNELL was added as a co-sponsor of S. 966.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1062 (Word version) -- Senator Malloy: A SENATE RESOLUTION HONORING THE LIFE OF MR. ROBERT LEE GROOMS, SR., AND EXPRESSING SINCERE GRATITUDE FOR HIS LIFE OF FRIENDSHIP AND LEADERSHIP TO MANY ACROSS THE STATE AND WITHIN HIS COMMUNITY.
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The Senate Resolution was adopted.

S. 1063 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1064 (Word version) -- Introduced by Senators Fair, Thomas, Campsen and Bryant: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 24 OF THE 1976 CODE BY ADDING SECTION 24-3-580, TO PROHIBIT THE DISCLOSURE OF THE IDENTITY OF MEMBERS OF AN EXECUTION TEAM AND TO ALLOW FOR CIVIL PENALTIES FOR A VIOLATION OF THE SECTION, AND BY ADDING SECTION 24-3-590, TO PROHIBIT LICENSING AGENCIES FROM TAKING ANY ACTION TO REVOKE, SUSPEND, OR DENY A LICENSE TO ANY PERSON WHO PARTICIPATES ON AN EXECUTION TEAM.

Read the first time and referred to the Committee on Corrections and Penology.

Printed Page 714 . . . . . Tuesday, February 5, 2008

S. 1065 (Word version) -- Senators Fair, Thomas, Campsen and Bryant: A BILL TO AMEND SECTION 24-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF THE WAGES OF A PRISONER WHO IS ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO REALLOCATE THE PORTION OF A PRISONER'S WAGES FROM EMPLOYMENT IN THE COMMUNITY THAT MUST BE PAID TO THE DEPARTMENT OF CORRECTIONS IF RESTITUTION HAS NOT BEEN ORDERED BY THE COURT OR IF COURT-ORDERED RESTITUTION HAS BEEN SATISFIED.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1066 (Word version) -- Senators Leatherman, Setzler and Knotts: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY, TO RE-AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT TO EXPEND CERTAIN MONIES FOR THE RELOCATION, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE MARKET TO THE WALKER TRACT IN RICHLAND COUNTY, AND TO AUTHORIZE THE COMMISSIONER TO IMPLEMENT A STATEWIDE FARMERS' MARKET PLAN.
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Read the first time and referred to the Committee on Finance.

S. 1067 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30(6) OF THE 1976 CODE, RELATING TO SALTWATER GAMEFISH, TO CLASSIFY COBIA AS A SALTWATER GAMEFISH.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1068 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO RESTATE PROVISIONS FOR

Printed Page 715 . . . . . Tuesday, February 5, 2008
REMOVAL OF A PROBATE PROCEEDING TO THE CIRCUIT COURT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT, SO AS TO PROVIDE THAT THE COURT OF APPEALS MUST HEAR APPEALS DIRECTLY FROM THE PROBATE COURT; AND TO AMEND SECTION 62-5-433, AS AMENDED, RELATING TO SETTLEMENT OF CLAIMS OF MINORS OR INCAPACITATED PERSONS, SO AS TO INCREASE THE JURISDICTIONAL AMOUNT FOR CONCURRENT JURISDICTION OF THE PROBATE COURT FROM TWENTY-FIVE THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Judiciary.

S. 1069 (Word version) -- Senators Rankin, Scott, Elliott, Hawkins, Campbell, Cleary, Land and Malloy: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
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Read the first time and referred to the Committee on Judiciary.

S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.
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Senator PEELER spoke on the Resolution.

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

S. 1071 (Word version) -- Senators Ryberg, Grooms, Bryant, Leventis, Hutto, Ford, Campbell, Knotts, Malloy, Cleary, Anderson, McGill, Thomas, Verdin, Land, Setzler, Scott, Hawkins, Martin, Matthews, Courson and Sheheen: A BILL TO AMEND ARTICLE 1, CHAPTER 67, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUSES, BY

Printed Page 716 . . . . . Tuesday, February 5, 2008
ADDING SECTION 59-67-310 TO PROVIDE THAT A SCHOOL BUS MAY NOT BE USED TO ADVERTISE ANY ITEM TO SCHOOL CHILDREN.
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Senator RYBERG spoke on the Bill.

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

S. 1072 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND ARTICLE 23, CHAPTER 5 OF TITLE 56 OF THE 1976 CODE RELATED TO REGULATING TRAFFIC ON HIGHWAYS, BY ADDING SECTIONS 56-5-3010 AND 56-5-3020 TO ESTABLISH THE CRIMES OF VEHICULAR HOMICIDE AND VEHICULAR BATTERY CAUSING GREAT BODILY INJURY, AND TO PROVIDE PENALTIES FOR BOTH CRIMES.
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Read the first time and referred to the Committee on Judiciary.

S. 1073 (Word version) -- Senators Knotts, Land, Hutto, Hawkins, Patterson, Scott, Bryant and Matthews: A BILL TO AMEND SECTION 20-7-8920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE BY PERSONS UNDER AGE TWENTY-ONE, SECTION 61-4-50, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO PERSONS UNDER AGE TWENTY-ONE, AND SECTION 61-4-90, AS AMENDED, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE FOR THE CONSUMPTION OF PERSONS UNDER AGE TWENTY-ONE, ALL SO AS TO PROVIDE AN EXCEPTION FOR PERSONS SERVING IN A BRANCH OF THE UNIFORMED MILITARY SERVICES OF THE UNITED STATES.
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Read the first time and referred to the Committee on Judiciary.

S. 1074 (Word version) -- Senators Malloy and Patterson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "ROUND O COMMUNITY" ALONG HIGHWAY 133 IN DARLINGTON COUNTY, BETWEEN

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THE INTERSECTIONS OF HIGHWAY 524 AND HIGHWAY 41, NEAR THE ROUND O CHURCH.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3202 (Word version) -- Reps. White, Umphlett, Agnew, Gambrell, E. H. Pitts, Cotty, M. A. Pitts, Bedingfield, Frye, Toole, Loftis, Lowe, Harrell, Shoopman and G. R. Smith: A BILL TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT HUNTING, TRAPPING, AND FISHING AND THE TAKING OF WILD ANIMALS, BIRDS, AND FISH ARE A VALUED PART OF OUR HERITAGE AND SHALL BE FOREVER PRESERVED FOR THE PEOPLE, TO PROVIDE THAT FISH AND WILDLIFE SHALL BE MANAGED BY LAWS AND REGULATIONS THAT PROVIDE PERSONS WITH THE CONTINUED OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY PURSUED BY HUNTERS, ANGLERS, AND TRAPPERS, TO PROVIDE THAT ANY PERSON WHO IS LICENSED TO HUNT, FISH, OR TRAP AND WHO IS ADVERSELY AFFECTED BY A FAILURE TO COMPLY WITH THIS SECTION SHALL HAVE A PRIVATE CAUSE OF ACTION TO ENFORCE THIS SECTION, AND TO PROVIDE THAT THE RIGHT OF THE PEOPLE TO HUNT, FISH, TRAP, AND HARVEST GAME SHALL BE SUBJECT ONLY TO SUCH REGULATIONS AND RESTRICTIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE BY GENERAL LAW.

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

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

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

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H. 4344 (Word version) -- Reps. M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO DELETE A PROVISION ENABLING THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH METHODS AND RESTRICTIONS FOR THE HUNTING AND TAKING OF DEER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4347 (Word version) -- Reps. Stavrinakis, Young, Toole, Littlejohn, Cotty, Funderburk, McLeod, Battle, M. A. Pitts, Viers, Shoopman and Bedingfield: A JOINT RESOLUTION TO DIRECT THE ATTORNEY GENERAL OF SOUTH CAROLINA TO PURSUE ALL AVAILABLE REMEDIES AND SEEK REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR COSTS INCURRED BY THE STATE ASSOCIATED WITH THE INCARCERATION OF ILLEGAL IMMIGRANTS AND PROVISION OF VARIOUS STATE GOVERNMENTAL SERVICES TO ILLEGAL IMMIGRANTS AND TO REQUIRE THE COOPERATION OF STATE GOVERNMENTAL AGENCIES IN PROVIDING INFORMATION ON ILLEGAL IMMIGRATION AND ILLEGAL IMMIGRANTS TO THE ATTORNEY GENERAL.

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

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

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

H. 4390 (Word version) -- Reps. G. M. Smith, Lowe, Witherspoon and Erickson: A BILL TO AMEND SECTION 50-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS MUST SUCCESSFULLY COMPLETE A HUNTER'S EDUCATION

Printed Page 719 . . . . . Tuesday, February 5, 2008
PROGRAM BEFORE THEY ARE ELIGIBLE TO RECEIVE A SOUTH CAROLINA HUNTING LICENSE, SO AS TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO ACTIVE OR RETIRED UNITED STATES ARMED SERVICES PERSONNEL WHO CAN DEMONSTRATE TO THE DEPARTMENT OF NATURAL RESOURCES THAT THEY RECEIVED WEAPONS TRAINING DURING THEIR MILITARY CAREER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

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, BY ADDING ARTICLE 13 TO CHAPTER 11 OF TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT SO AS TO REQUIRE A PUBLIC EMPLOYER AND A CONTRACTOR DOING BUSINESS WITH A PUBLIC EMPLOYER TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF NEW EMPLOYEES, WITH ALTERNATIVE MEASURES TO BE FOLLOWED BY A CONTRACTOR, TO DESCRIBE COMPLIANCE, TO PROHIBIT LOCAL LAWS FROM LIMITING ENFORCEMENT, AND TO PROVIDE FOR FORMS, REGULATIONS, AND RULES; BY ADDING SECTION 23-52-10 SO AS TO PROVIDE THAT THE APPROPRIATE OFFICIAL UNDERTAKE TO DETERMINE THE LAWFUL PRESENCE IN THE UNITED STATES OF A PERSON CHARGED WITH A CRIMINAL OFFENSE AND CONFINED IN A JAIL AND TO PROVIDE THE PROCESS OF VERIFICATION AND REPORTING, AS WELL AS FOR RECOUPING EXPENSES OF THE CONFINEMENT; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO ENACT THE "REGISTRATION OF IMMIGRATION ASSISTANCE ACT", PRESCRIBING THE ACTS THAT MAY BE PERFORMED BY AN IMMIGRATION ASSISTANCE SERVICE,

Printed Page 720 . . . . . Tuesday, February 5, 2008
REQUIRING A PERSON PERFORMING THOSE ACTS TO BE LICENSED, REQUIRING THE POSTING OF CERTAIN CONSPICUOUS DISCLAIMERS, PROHIBITING THE PERFORMANCE OF CERTAIN ACTS, EXEMPTING CERTAIN PERSONS FROM THESE RESTRICTIONS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 11 TO CHAPTER 5 OF TITLE 43 SO AS TO REQUIRE ALL STATE AND LOCAL AGENCIES PROVIDING PUBLIC BENEFITS VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF A NATURAL PERSON EIGHTEEN YEARS OLD OR OLDER WHO APPLIES FOR STATE OR LOCAL BENEFITS OR FEDERAL BENEFITS ADMINISTERED BY THE STATE, PROVIDING EXCEPTIONS, PROVIDING FOR AN AFFIDAVIT OF ELIGIBILITY AND CRIMINAL PENALTIES FOR A FALSE AND FRAUDULENT AFFIDAVIT, FOR RESTITUTION OF IMPROPERLY RECEIVED BENEFITS, FOR A CIVIL CAUSE OF ACTION AND JOINT AND SEVERAL LIABILITY; BY ADDING SECTION 6-1-170 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM LIMITING OR INCREASING THE POWER OF LOCAL OFFICIALS TO ENFORCE STATE IMMIGRATION LAWS; BY ADDING SECTION 12-6-3595 SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE A YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A
Printed Page 721 . . . . . Tuesday, February 5, 2008
TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; BY ADDING SECTION 16-9-460 SO AS TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, AND TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED; BY ADDING SECTION 16-13-525 SO AS TO REQUIRE A PERSON WHO USES FINANCIAL IDENTITY FRAUD INVOLVING THE CREATION OF DOCUMENTS PURPORTING TO AUTHORIZE EMPLOYMENT IN THE UNITED STATES TO DISGORGE ANY BENEFIT HE RECEIVES AND TO PROVIDE FOR CRIMINAL PENALTIES AND INDIVIDUAL CIVIL REMEDIES; BY ADDING SECTION 16-23-530 SO AS TO MAKE IT A CRIME TO OWN, POSSESS, TRANSFER, MAKE, DISPOSE OF, RENT, BUY, OR OTHERWISE TRANSACT AN ACTIVITY INVOLVING A FIREARM IN THIS STATE IF THE PERSON IS NOT LAWFULLY PRESENT IN THIS STATE; BY ADDING SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTIONS AND REMOVALS, AND INVESTIGATIONS IN
Printed Page 722 . . . . . Tuesday, February 5, 2008
THE STATE, TO AUTHORIZE THE DESIGNATION OF STATE AND LOCAL OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM, TO STIPULATE FUNDING FOR THE TRAINING, AND TO PROVIDE FOR CERTIFICATION OF TRAINING TO ENFORCE FEDERAL IMMIGRATION LAWS; BY ADDING SECTION 41-1-30 SO AS TO PROVIDE FOR A CIVIL CAUSE OF ACTION BY A PERSON WHO IS TERMINATED FOR THE PURPOSE OF BEING REPLACED BY A WORKER WHO IS NOT AUTHORIZED TO WORK IN THE UNITED STATES; BY ADDING SECTION 59-101-430 SO AS TO PROHIBIT A PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ATTENDING OR RECEIVING ANY BENEFIT OF RESIDENCE; BY AMENDING SECTION 1-31-40, RELATING TO THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO PROVIDE FOR A TOLL FREE TELEPHONE NUMBER, ELECTRONIC WEBSITE, AND TRACKING DATABASES FOR RECEIVING AND REPORTING VIOLATIONS OF LAWS OR REGULATIONS BY A NONUNITED STATES CITIZEN OR IMMIGRANT; BY AMENDING SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE THE OFFENSES OF FALSIFICATION OF DOCUMENTS, IDENTITY FRAUD, FRAUDULENT AFFIDAVITS, AND OTHER SPECIFIED ACTS UNDERTAKEN IN A FRAUDULENT ATTEMPT TO DEMONSTRATE LAWFUL PRESENCE IN THE UNITED STATES; AND BY AMENDING SECTION 17-15-30, AS AMENDED, RELATING TO DETERMINATION BY THE COURT OF RELEASE ON BAIL, SO AS TO PROVIDE THAT THE COURT SHALL CONSIDER IF THE ACCUSED IS AN ILLEGAL ALIEN AND IF THAT STATUS POSES A SUBSTANTIAL FLIGHT RISK.

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

H. 4437 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS

Printed Page 723 . . . . . Tuesday, February 5, 2008
ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.

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

H. 4438 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.

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

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

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

H. 4583 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS THAT CONTAIN THE WORDS "LYKESLAND COMMUNITY" ALONG UNITED STATES HIGHWAY 76/378 ONE-FOURTH OF A MILE FROM ITS INTERSECTION WITH OLD HOPKINS ROAD AND TROTTER ROAD IN RICHLAND COUNTY.

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

H. 4584 (Word version) -- Reps. Stavrinakis, Hutson, Breeland, Limehouse, Mack, Merrill, Scarborough, Young, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood,

Printed Page 724 . . . . . Tuesday, February 5, 2008
Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 7 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 171 THE "CHARLESTON NINE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON NINE MEMORIAL HIGHWAY" AS A LASTING TRIBUTE TO THE NINE CITY OF CHARLESTON FIREFIGHTERS WHO TRAGICALLY PERISHED IN THE WEST ASHLEY FIRE ON MONDAY, JUNE 18, 2007.

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

H. 4598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO GASOLINE, LUBRICATING OILS AND OTHER PETROLEUM PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS

Printed Page 725 . . . . . Tuesday, February 5, 2008
REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4626 (Word version) -- Rep. Sellers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE UNITED STATES SENATOR FROM ILLINOIS, BARACK OBAMA, FOR HIS VICTORY IN THE SOUTH CAROLINA DEMOCRATIC PRIMARY HELD ON JANUARY 26, 2008.

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

H. 4643 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE CHARLES POWERS OF YORK COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS MAYOR OF FORT MILL, HIS COMMITMENT TO THE CITIZENS OF FORT MILL, AND HIS SUPPORT OF THE BUSINESS COMMUNITY.

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

Message from the House

Columbia, S.C., February 5, 2008

Mr. President and Senators:

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

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO

Printed Page 726 . . . . . Tuesday, February 5, 2008
CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
asks for a Committee of Conference, and has appointed Reps. Thompson, M.A. Pitts and Stavrinakis to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

Printed Page 727 . . . . . Tuesday, February 5, 2008

H. 3623--CONFERENCE COMMITTEE APPOINTED

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF

Printed Page 728 . . . . . Tuesday, February 5, 2008
PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

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

Message from the House

Columbia, S.C., February 5, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has named G.M. Smith in lieu of M.A. Pitts on the following Bill:

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND

Printed Page 729 . . . . . Tuesday, February 5, 2008
SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1054 (Word version) -- Senators McGill and Knotts: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY 6, 2008 AS "INTERNATIONAL PAPER DAY" TO HONOR INTERNATIONAL PAPER AND THEIR 2,200 EMPLOYEES AND ELEVEN FACILITIES IN THE STATE OF SOUTH CAROLINA, FOR THEIR PROTECTION OF FORESTLANDS THROUGH CONSERVATION LAND DONATIONS, SALES AND EASEMENTS AND FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING THE ENVIRONMENT FOR ALL SOUTH CAROLINA.

Returned with concurrence.

Received as information.

Printed Page 730 . . . . . Tuesday, February 5, 2008
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

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

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

S. 831 (Word version) -- Senators Campsen, Grooms, Sheheen, Bryant, McConnell, Cleary, Gregory, Hawkins and Malloy: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.

Senator MARTIN explained the Bill.

S. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS EXIGENT CIRCUMSTANCES ARE SHOWN BY THE SUBMITTING INDIVIDUAL.

Printed Page 731 . . . . . Tuesday, February 5, 2008

SECOND READING BILLS

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

S. 903 (Word version) -- Senators Campsen, McConnell and McGill: A BILL TO AMEND SECTION 1-15-10 OF THE 1976 CODE, RELATING TO APPOINTING THE MEMBERS OF THE COMMISSION ON WOMEN, TO PROVIDE THAT THE COMMISSION IS COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH ONE MEMBER APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND NINE MEMBERS FROM THE STATE AT LARGE.

H. 4399 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 469 OF 2002, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND THE UNION COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE TIME PERIOD WHEN CANDIDATES FOR ELECTION TO THE BOARD MUST FILE STATEMENTS OF CANDIDACY.

H. 4447 (Word version) -- Rep. Cato: A BILL TO AMEND ACT 170 OF 2007, RELATING TO THE CREATION OF A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, SO AS TO EXTEND FROM FEBRUARY 1, 2008, TO NOVEMBER 1, 2008, THE DATE BY WHICH THE COMMITTEE IS REQUIRED TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 741 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 18, TITLE 27 OF THE 1976 CODE, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, TO REDUCE THE DORMANCY PERIOD FOR SECURITIES FROM SEVEN YEARS TO THREE YEARS, TO UPDATE A REFERENCE, AND TO ELIMINATE THE REQUIREMENT OF A CIVIL PENALTY FOR A PERSON WHO FAILS TO RENDER A REPORT, PERFORM A DUTY, OR DELIVER PROPERTY AS REQUIRED PURSUANT TO THIS CHAPTER.

Printed Page 732 . . . . . Tuesday, February 5, 2008

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

The Committee on Judiciary proposed the following amendment (JUD0741.001), which was adopted:

Amend the bill, as and if amended, page 3, by striking line 16 in its entirety and inserting:

/   or other record on file with the association or its agent; or   /

Amend the bill further, as and if amended, page 4, by striking lines 13 through 18 and inserting:

/   required to pay a civil penalty of one hundred dollars for each day the report is withheld or the duty is not performed, but not more than five thousand dollars.

(C)   A person who fails to pay or deliver property to the administrator as required under pursuant to this chapter shall may be required to pay a civil penalty equal to twenty-five percent of the   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 4514 (Word version) -- Reps. Shoopman, Loftis, G.R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F.N. Smith, Taylor, Bannister and Leach: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF

Printed Page 733 . . . . . Tuesday, February 5, 2008
GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.

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

Senator FAIR proposed the following amendment (NBD\12002AC08), which was adopted:

Amend the bill, as and if amended, by deleting subsection (B)(3)(a) beginning on page 4, line 42 through page 5, line 28 and inserting:

/     (3)(a)   The board of trustees shall publicize vacancies, and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two nominees for each vacancy to the Greenville County Legislative Delegation, except as provided for in subsection (B)(3)(b). The board shall provide the legislative delegation with biographical information on the nominees and must be available to discuss the recommendations and shall make the nominees available, if requested by the legislative delegation, to meet with the delegation. The legislative delegation with a quorum present and by majority-weighted vote shall select one nominee from the nominees submitted for each vacancy. However, if after the board has submitted its initial nominees, the delegation requests additional nominees, the board has one hundred twenty days to submit the additional nominees. If the board does not submit additional nominees within one hundred twenty days of the request, the legislative delegation has sixty days to appoint qualified members to fill the vacancy without considering nominations from the board. If the board does submit one additional set of nominees within the one hundred twenty days and the delegation does not select one of the nominees, the delegation has sixty days to appoint qualified members to fill the vacancy without considering the nominations from the board. An individual selected by the delegation to fill the seat of an at-large member who is a resident of the City of Greenville must be submitted by the legislative delegation to the City Council of the City of Greenville for concurrence, and the city council shall act timely on the request for concurrence. If the city council does not concur in the appointment, the board must submit two nominees to the legislative delegation to fill the seat and the legislative delegation shall select from the nominees another individual and submit that nominee to the City of Greenville for concurrence. All recommendations, nominations, and appointments to the board shall take into account race, gender,

Printed Page 734 . . . . . Tuesday, February 5, 2008
expertise, and other qualifications as may be pertinent to service on the board so that such members are mindful, to the greatest extent possible, of the needs of all segments of the population of Greenville County and those served by the Greenville Hospital System. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

AMENDED, CARRIED OVER

H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR

Printed Page 735 . . . . . Tuesday, February 5, 2008
RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.

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

Senator RYBERG proposed the following amendment (3789R008.WGR), which was adopted:

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

/     SECTION   ___.   (A)   The General Assembly finds that:

(1)   The Governmental Accounting Standards Board (GASB) has issued new standards to account for post-employment benefits (OPEB) other than pensions for public employees.

(2)   South Carolina currently provides OPEB benefits in the form of state health and dental insurance and basic long term disability income benefit plan on a "pay as you go" basis to retirees and that this method of payment fails adequately to account for benefits as they are earned by current employees under the new GASB OPEB accounting standards.

(3)   It is necessary to establish trust funds as provided in this act so that these post-employment benefits and the liabilities they give rise to may be determined currently in a manner similar to the way in which pension fund liabilities are reported.

(B)   The General Assembly further finds that bringing the accounting for OPEB into compliance with new GASB standards is solely for the purpose of GASB compliance and the trust funds established by this act and other changes in OPEB contained in this act do not in any way limit the authority of the General Assembly to alter or eliminate these benefits as it determines appropriate, nor do they limit the authority of the State Budget and Control Board to amend the plan of benefits pursuant to Section 1-11-710(A)(2) of the 1976 Code, nor do the provisions of this act give rise to any contract or other right of employees and retirees as to the OPEB's to which the provisions of this act apply.       /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Printed Page 736 . . . . . Tuesday, February 5, 2008

The amendment was adopted.

Senator ALEXANDER proposed the following amendment (3789R009.TCA), which was adopted:

Amend the bill, as and if amended, on page 4, by striking line 16 - 17 and inserting:

/     "Section 1-11-705.   (A)   There is established and maintained in the State Treasury separate and distinct from the general fund of the State   /

Amend the bill, as and if amended, on page 5, by striking lines 14 - 18 and inserting:

/   benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall make and execute investment and reinvestment decisions for the funds of the SCRHI Trust Fund as assets of a retirement system are invested. The State Treasurer is the custodian of the funds in the SCRHI Trust Fund. The chief investment officer shall consult with the     /

Amend the bill, as and if amended, on page 6, by striking lines 27 - 28 and inserting:

/   "Section 1-11-707.   (A)   There is established and maintained in the State Treasury separate and distinct from the general fund of the State /

Amend the bill, as and if amended, on page 7, by striking lines 26-30 and inserting:

/   benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall make and execute investment and reinvestment decisions for the funds of the LTDI Trust Fund as assets of a retirement system are invested. The State Treasurer is the custodian of the funds in the LTDI Trust Fund. The chief investment officer shall consult with the     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

Printed Page 737 . . . . . Tuesday, February 5, 2008

AMENDMENT PROPOSED, CARRIED OVER

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 SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.

Printed Page 738 . . . . . Tuesday, February 5, 2008

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

Senator LOURIE proposed the following amendment (H-3852 AMENDMENT):

Amend the bill, as and if amended, Section 44-4-570, page 5 by striking lines 15-32 and inserting:

/   (3)(C)(1) Any out-of-state emergency health care provider appointed by the department pursuant to this section shall must not be held liable for any civil damages as a result of medical care or treatment including, but not limited to, trauma care and triage assessment, related to the appointment of the health care provider and the prescribed duties the emergency response unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.

(2) This subsection applies if the health care provider does not receive payment from the State other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However if the health care provider is an employee of the State, the health care provider may continue to receive compensation from the health care provider's employer. This subsection applies whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from sources including, but not limited to, Medicaid, Medicare, reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512 et seq., or private health insurance.     /

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

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

OBJECTION

S. 1022 (Word version) -- Senators Peeler, Setzler and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE

Printed Page 739 . . . . . Tuesday, February 5, 2008
CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.

Senator PEELER explained the Bill.

Senator THOMAS objected to further consideration of the Bill.

S. 1022--Co-Sponsor Added

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1022.

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

MOTION ADOPTED

On motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:50 A.M. for the purposes of the prayer and Pledge of Allegiance and immediately following, the Senate would recede for the purposes of attending the Joint Assembly, and at the conclusion of the Joint Assembly, the Senate would recede until 2:00 P.M.

MADE SPECIAL ORDER

S. 398 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-480 SO AS TO CREATE THE CRIME OF ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT IN THIS STATE, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY; AND TO REPEAL CHAPTER 39 OF TITLE 34 RELATING TO THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT.

Senator MARTIN moved that the Bill be made a Special Order.

Printed Page 740 . . . . . Tuesday, February 5, 2008

By a division vote of 19-7, the Bill was made a Special Order.

MOTION ADOPTED

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land, Ritchie, Cromer and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
The House returned the Bill with amendments.

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

Senator McCONNELL proposed the following amendment (JUD0588.002), which was adopted:

Printed Page 741 . . . . . Tuesday, February 5, 2008

Amend the bill, as and if amended, page 5, by striking lines 37 through 41 in their entirety and inserting:

/   (6) 'Eligible employee' means an employee:

(a)   as defined in Section 38-71-710(1) or Section 38-71-840(7);

(b)   who is a licensed real estate person engaged in the sale, leasing, or rental of real estate for a licensed real estate broker on a straight commission basis, who has signed a valid independent contractor agreement with the broker; and

(c)   who works on a full-time basis and has a normal work week of thirty or more hours.       /

Amend the bill further, as and if amended, page 8, by striking lines 18 and 19 in their entirety and inserting:

/   (C)   For health group cooperatives, the applicable group size is two to fifty. Health group cooperatives are permitted to attempt to obtain coverage for small employer groups that contain fewer than two eligible employees; however, such attempt to obtain coverage is subject to the medical underwriting requirements and policies of the small employer insurer.   /

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 ordered returned to the House with amendments.

CONCURRENCE

S. 452 (Word version) -- Senators Grooms, McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE

Printed Page 742 . . . . . Tuesday, February 5, 2008
TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.

The House returned the Bill with amendments.

On motion of Senator GREGORY, 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.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 714 (Word version) -- Senators Leatherman, Reese, Alexander, Patterson, Moore, Thomas, Williams, Ford, Hutto, Malloy, Anderson, Martin, Elliott, Land, O'Dell, Cleary, Rankin, Knotts, Scott, Cromer, Matthews, Pinckney, McGill, Hayes, Drummond, Hawkins, Lourie and Jackson: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.

Printed Page 743 . . . . . Tuesday, February 5, 2008

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

On motion of Senator McCONNELL, the Bill was carried over in the status of Interrupted Debate.

LOCAL APPOINTMENTS
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Greenville County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Austin J. Tothacer, Jr., 210 Quail Creek Lane, Greenville, SC 29615 VICE Letonya Simmons

Initial Appointment, Sumter County Master-in-Equity, with the term to commence December 31, 2004, and to expire December 31, 2010
Richard L. Booth, Esquire, Sumter County Courthouse, 104 North Main Street, Sumter, SC 29150 VICE Linwood S. Evans

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Timothy Lynn Moss, 50, and Mr. Freddie Moss, 55, both of Gaffney, S.C., brothers of our colleague and friend, Representative Dennis C. Moss.

Mr. Timothy Moss, beloved husband of Frances C. Moss, and devoted father, was employed with Exopac and formerly employed with Altman Printing. Mr. Moss, a big NASCAR fan, was a member of Sardis United Methodist Church and passed away September 22, 2007.

Mr. Freddie Moss, beloved husband of Stephanie E. Moss, and also a devoted father and grandfather, was a former employee at the Whitten Center and Union County Disabilities and Special Needs. He, too, was a member of Sardis United Methodist Church and passed away January 26, 2008.

and

Printed Page 744 . . . . . Tuesday, February 5, 2008

MOTION ADOPTED

On motion of Senator FORD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jerome Kinloch of Charleston, S.C., former City Council Member who served from 1974-1998.

ADJOURNMENT

At 1:29 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:50 A.M.

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