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

Wednesday, June 6, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

In what most likely had to be a time of frustration and exasperation for David, he wrote:

"I said, 'Oh, that I had the wings of a dove! I would fly away and be at rest-I would flee away and stay in the desert; I would hurry to my place of shelter, far   from the tempest and storm'."     (Psalm 55:6-8)

Let us pray:

There's not a single one of us in this building who cannot relate to David's words in these verses, Lord. Every individual here has had at least some moments when she or he has been overwhelmed and maybe simply felt "sick and tired of being sick and tired." Those are natural feelings, of course. Help each of these leaders of this Senate to reflect upon the good that has been accomplished so far, upon the issues still to be hammered into place, upon the noble reasons of why they are all here in the first place: to serve You, O God, and to work for the people throughout our 46 counties who are depending on the wisdom and leadership of these Senators. Give us all the courage that Senator JOHN DRUMMOND had on D-Day. You've brought us this far, Lord. Don't let us flee from unfinished business yet. We give You all praise and glory, Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 1, 2007

The Honorable Andre Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 603, R-63.

(R63, S603 (Word version)) -- Senators Grooms, Pinckney and Matthews: AN ACT TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE IN AN AMOUNT DETERMINED BY THE BOARD NOT EXCEED A SPECIFIED AMOUNT.

This Bill raises the current salary and expense allowance for members of the Colleton County School Board to no more than $7,500 annually. Under the current law, members receive a$2,000 salary and up to $1,200 in expenses. This administration has consistently advocated the notion that decisions on the operation of local schools should be made within the community and not simply mandates handed down by Columbia. Today there is a patchwork of authorities from one school board to the next, some having fiscal autonomy and others having none. In the case of Colleton County, the school budgets must be approved by the county council which has final say on most fiscal matters. As a result of the variation in board autonomy and composition, there is significant variation in board pay across the State, ranging from those that provide board members no pay - 34 districts fall into this category - to those that offer board members as much as$9,400 per year. I do not believe that the State should be in the business of micromanaging the affairs of every school board. Instead, we should give them the power to make decisions and make them accountable back to the people who put them in office. In the case of this Bill, I applaud the intent by the Bill sponsor to create a band of $7,500 and give the school board flexibility to work within that band. However, as is the case with most local Bills, this legislation only perpetuates the uneven and disproportionate operations of school boards in the State. I disagree with the idea that we should continue down the path of the General Assembly sending Bill after Bill setting different standards for different boards. Instead, I believe the General Assembly should enact statewide legislation that lets each community make these decisions. For this reason, I have vetoed S. 603, R-63. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R63, S603 (Word version)) -- Senators Grooms, Pinckney and Matthews: AN ACT TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE IN AN AMOUNT DETERMINED BY THE BOARD NOT EXCEED A SPECIFIED AMOUNT. The veto of the Governor was taken up for immediate consideration. Senator HUTTO moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 44; Nays 0 AYES Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams Total--44 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. MESSAGE FROM THE GOVERNOR State of South Carolina Office of the Governor P. O. Box 11369 Columbia, SC 29211 June 4, 2007 The Honorable Andre Bauer President of the Senate State House, 1st Floor East Wing Columbia, SC 29202 Dear Mr. President and Members of the Senate: I am hereby returning without my approval S. 174, R-58. This veto is based upon my belief that S. 174, R-58, is unconstitutional. (R58, S174 (Word version)) -- Senator Elliott: AN ACT TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE AND THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE. This Bill increases payments for each member of the Horry County Transportation Committee from$75 to $100 for each meeting attended. The Bill also allows an additional$100 payment to the chairman of this committee for each meeting.

The State Constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." South Carolina Constitution Article III, Section 34 (IX). The General Assembly has established a general statute that prohibits county transportation committees from using "C" funds to pay per diems as administrative expenses. See S.C. Code Section 12-28-2740(B), as amended. It is unconstitutional for the General Assembly to pass special legislation like S. 174, R-58, in contravention of general law. Each county's transportation committee should be subject to the same general law either allowing or disallowing per diems. Legislation like S. 174, R-58, demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

Additionally, S. 174, R-58, affects only Horry County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."

In summary, I believe the specific nature of S. 174, R-58, renders this Act unconstitutional. For this reason, I am returning S. 174, R-58, to you without my signature.
Sincerely,
/s/ Mark Sanford

VETO OVERRIDDEN

(R58, S174 (Word version)) -- Senator Elliott: AN ACT TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE AND THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL ONE HUNDRED DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

The veto of the Governor was taken up for immediate consideration.

Senator ELLIOTT moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 43; Nays 1

AYES

Alexander                 Anderson                  Bryant
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Vaughn                    Verdin
Williams

Total--43

NAYS

Campsen

Total--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.72, H. 3490 by a vote of 86 to 5:

(R72, H3490 (Word version)) -- Reps. G.M. Smith, E.H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R72, H3490 (Word version)) -- Reps. G.M. Smith, E.H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: AN ACT TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

The veto of the Governor was taken up for immediate consideration.

Senator HUTTO moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 44; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Total--44

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.74, H. 3711 by a vote of 81 to 10:

(R74, H3711 (Word version)) -- Reps. Sandifer and Whitmire: AN ACT TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A NEW COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R74, H3711 (Word version)) -- Reps. Sandifer and Whitmire: AN ACT TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A NEW COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.

The veto of the Governor was taken up for immediate consideration.

Senator ALEXANDER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 44; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Total--44

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.82, H. 3960 by a vote of 65 to 7:

(R82, H3960 (Word version)) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, AND FANTASY HARBOUR TO "HARD ROCK PARK".
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R82, H3960 (Word version)) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, AND FANTASY HARBOUR TO "HARD ROCK PARK".

The veto of the Governor was taken up for immediate consideration.

Senator CLEARY moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 44; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Total--44

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.69, H. 3409 by a vote of 12 to 0:

(R69, H3409 (Word version)) -- Reps. Scarborough and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R69, H3409 (Word version)) -- Reps. Scarborough and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY AVIATION AUTHORITY'S MEMBERSHIP SHALL BE INCREASED BY TWO MEMBERS, AND TO PROVIDE THAT THESE MEMBERS SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION, OR THEIR DESIGNEES.

The veto of the Governor was taken up for immediate consideration.

Senator CLEARY moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 43; Nays 1

AYES

Alexander                 Anderson                  Bryant
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Vaughn                    Verdin
Williams

Total--43

NAYS

Campsen

Total--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 77, H. 3833 by a vote of 0 to 1:

(R77, H3833 (Word version)) -- Reps. Moss, Littlejohn and Phillips: AN ACT TO PROVIDE THAT THE ELECTION OF THE MEMBERS OF THE BOARD OF TRUSTEES FOR CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE BOARD OF COMMISSIONERS OF PUBLIC WORKS FOR THE CITY OF GAFFNEY MUST BE HELD AT THE SAME TIME AS THE ELECTION FOR MEMBERS OF THE GOVERNING BODY OF THE CITY OF GAFFNEY AND TO PROVIDE THE MANNER IN WHICH THE RESULTS OF THESE ELECTIONS ARE DETERMINED.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.66, S. 666 by a vote of 47 to 29:

(R66, S666 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.76, H. 3818 by a vote of 2 to 0:

(R76, H3818 (Word version)) -- Reps. Bowers and Brantley: AN ACT TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R76, H3818 (Word version)) -- Reps. Bowers and Brantley: AN ACT TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.

The veto of the Governor was taken up for immediate consideration.

Senator PINCKNEY moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 44; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Vaughn
Verdin                    Williams

Total--44

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.67, H. 3289 by a vote of 75 to 21:

(R67, H3289 (Word version)) -- Rep. Vick: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
Very respectfully,
Speaker of the House

VETO SUSTAINED BUT SUBSEQUENTLY
RECONSIDERED AND OVERRIDDEN

(R67, H3289 (Word version)) -- Rep. Vick: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

The veto of the Governor was taken up for immediate consideration.

Senator SHEHEEN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 26; Nays 15

AYES

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leatherman                Leventis
Lourie                    Malloy                    McConnell
McGill                    Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Sheheen                   Short
Verdin                    Williams

Total--26

NAYS

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Martin                    Ritchie
Ryberg                    Thomas                    Vaughn

Total--15

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Vote Whereby Veto was Sustained Reconsidered

(R67, H3289 (Word version)) -- Rep. Vick: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Having voted on the prevailing side, Senator CLEARY moved to reconsider the vote whereby veto by the Governor was sustained by a vote of 26-15.

Senator SHEHEEN explained the veto.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 36; Nays 5

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Setzler                   Sheheen
Short                     Verdin                    Williams

Total--36

NAYS

Martin                    Ryberg                    Scott
Thomas                    Vaughn

Total--5

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 11, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.456, H. 5217 by a vote of 11 to 0:

(R456, H5217 (Word version)) -- Rep. Rutherford: AN ACT TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R456, H5217 (Word version)) -- Rep. Rutherford: AN ACT TO PROVIDE THAT A GOLF CART MAY BE OPERATED ALONG CERTAIN PRIMARY HIGHWAYS IN RICHLAND COUNTY WITHIN A ONE-HALF-MILE RADIUS OF A SPORTING EVENT DURING CERTAIN HOURS, AND TO PROVIDE THAT DURING NIGHTTIME HOURS, THE GOLF CART MUST BE OPERATED WITH WORKING HEADLIGHTS AND TAIL LIGHTS.

The veto of the Governor was taken up for immediate consideration.

Senator PATTERSON moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 43; Nays 1

AYES

Alexander                 Anderson                  Bryant
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Vaughn                    Verdin
Williams

Total--43

NAYS

Campsen

Total--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.64, S. 657 by a vote of 90 to 0:

(R64, S657 (Word version)) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: AN ACT 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 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; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO IN-STATE FACILITIES DISPENSING DRUGS BEING REQUIRED TO BE PERMITTED BY THE BOARD OF PHARMACY AND BEING REQUIRED TO COMPLY WITH OTHER PROVISIONS, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM CERTAIN OF THESE REQUIREMENTS; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT FOR A PHARMACIST-IN-CHARGE, SO AS TO EXEMPT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM CERTAIN OF THESE REQUIREMENTS; AND BY ADDING SECTION 44-1-215 SO AS TO PERMIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RETAIN CERTAIN FUNDS DERIVED FROM RADIATION SAFETY REQUIREMENTS.
Very respectfully,
Speaker of the House

Doctor of the Day

Senator LEATHERMAN introduced Dr. Benjamin W. Lamb of Lake City, S.C., Doctor of the Day.

Leave of Absence

At 11:32 A.M., Senator CLEARY requested a leave of absence beginning at 10:00 P.M. tonight and lasting until 10:00 P.M. tomorrow night.

S. 775 (Word version) -- Senator Scott: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 775.

S. 561 (Word version) -- Senators Thomas, Hawkins, Drummond, Williams and Knotts: A BILL TO AMEND SECTION 38-71-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED INSURANCE COVERAGE FOR CERTAIN DIAGNOSTIC AND LABORATORY TESTS, INCLUDING MAMMOGRAMS, ANNUAL PAP SMEARS, AND PROSTATE CANCER, SO AS TO ALSO REQUIRE COVERAGE FOR COLORECTAL CANCER EXAMINATIONS AND LABORATORY TESTS.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 561.

Expression of Personal Interest

Senator MOORE rose for an Expression of Personal Interest.

Remarks by Senator MOORE

Thank you, Mr. PRESIDENT.

The Chaplain made mention, and, unfortunately, I do not think we have seen anything in the media, about today being the 63rd Anniversary of the Invasion of D-Day. Sometimes we forget our colleagues, but ladies and gentlemen, we have a hero among us in the Senate.

Senator JOHN DRUMMOND, with whom I spent about two hours last night, told me about all that went on 63 years ago today. He was flying over the English Channel, and he saw these ships. He told me that it must have been a thousand ships, and he saw them turning. He called back to his friends, and said, "Something must be going on." And it surely was going on.

Senator DRUMMOND entered the war in 1938, and from 1938 until D-Day he went through a lot of training. As you know the story, in July, a month or so after D-Day, he was shot down over the Breakout of St. Lô.

As we remember D-Day let us also remember Senator JOHN DRUMMOND, who is our hero.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Remarks by Senator LEVENTIS

Mr. PRESIDENT, as all of Senator DRUMMOND's wonderful friends thank him so much for what he did, let me tell you that over the years the thing that I think I've enjoyed most about service in this Senate would be the people who have served and the micro-histories they bring to me and others. If you want to hear some fascinating tales that are truly history and significant history, talk with our friend Senator JOHN DRUMMOND. He will tell these history tales to you in a way that will make them bright and last forever in your memory.

I think the story he told me that has mattered the most to me was how when he was flying that D-Day, he saw one of our battleships. He said that there was this huge ball of flame rolling out of its side and a tremendous amount of smoke. The ship rocked back ten feet. He called one of his people on the radio and said that one of our battleships has taken a direct hit; however, he later realized it was just shooting its guns!

We're so fortunate that we had men like Senator DRUMMOND there on June 6, 1944, and that he is here with us today to relate stories for all of us to treasure. I guess as our senior member, he is so symbolic of the fact that we all have things to tell each other and to pass on to those who follow in our footsteps.

It's a privilege for all of us to be here today with a hero like Senator JOHN DRUMMOND.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Remarks by Senator KNOTTS

Thank you, Mr. PRESIDENT.

It has been a pleasure to serve in the Senate with you, Senator DRUMMOND, and when I was in the House it was also a pleasure to serve with you. You know, you are a unique person of a dying breed. You are a person that has defended our country, and while you've been in the Senate, you've always looked after those that have gone off to war to defend our country. I just want to say that the many things that I've done to try to help our veterans, and our people who are going off to war, Sen. DRUMMOND has never ever budged in his support. He's always been at the front line to help me in anything I wanted to do to help these soldiers that are going to Afghanistan and Iraq.

I remember a couple years ago when everybody was trying to get the Order of the Palmetto to be given to each family that had lost a loved one, and it was Senator DRUMMOND who I discussed it with and he said, "Well if the Governor won't give the Order of the Palmetto to a person who's lost his life for their country, give him the Order of the Palmetto Patriot, because he is indeed a patriot." If he has lost his life for South Carolina and the United States of America, he is indeed a patriot. It was Senator DRUMMOND that got me to go to Lt. Governor André Bauer and get the Order of the Palmetto Patriot bestowed upon every South Carolinian or person who has had South Carolina ties to receive that award. Senator DRUMMOND has been to all of our honorary dinners, each and every one, when we brought the families of the fallen soldiers to the State House. He's been there, and I just want to say, Sen. DRUMMOND, thank you for all you've done.

Remarks to be Printed in the Journal

On motion of Senator LAND, with unanimous consent, the remarks of Senators MOORE, LEVENTIS and KNOTTS, were ordered printed in the Journal.

Expression of Personal Interest

Senator MARTIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

RECALLED

H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.

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

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 821 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO CONGRATULATE REGINALD B. AND ANN V. SALISBURY OF RIDGEVILLE ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.
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S. 822 (Word version) -- Senators Rankin and Cleary: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MR. GERARD TEMPEST OF HORRY COUNTY ON HIS SERVICE AS A MEMBER OF THE UNITED STATES ARMY IN WORLD WAR II, INCLUDING THE INVASION OF NORMANDY ON D-DAY, AND ON HIS ACHIEVEMENTS AS AN INTERNATIONALLY KNOWN, CONTEMPORARY ARTIST.
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S. 823 (Word version) -- Senators Moore, Setzler and Cromer: A SENATE RESOLUTION RECOGNIZING GENTRY'S POULTRY COMPANY FOR THEIR TRADITION OF SERVICE TO THE SALUDA COUNTY COMMUNITY AND THEIR GENEROUS DONATION OF A TOWN CLOCK TO THE TOWN OF SALUDA.
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S. 824 (Word version) -- Senator Cromer: A SENATE RESOLUTION COMMEMORATING THE FIRST GRADUATING CLASS OF THE UNIVERSITY OF SOUTH CAROLINA IN DECEMBER OF 1807, ALL FIVE MEMBERS OF WHICH WERE FROM NEWBERRY COUNTY, AND RECOGNIZING THE UNIVERSITY'S TWO HUNDRED YEARS AS GATEKEEPER TO EDUCATIONAL AND ECONOMIC SUCCESS FOR HUNDREDS OF THOUSANDS OF SOUTH CAROLINIANS.
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S. 825 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-150-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL PURPOSES AND PROGRAMS FUNDED BY THE EDUCATION LOTTERY ACCOUNT, SO AS TO PROVIDE FOR THE DESIGNATION OF NET PROCEEDS FROM SPECIFIC LOTTERY GAMES TO EITHER K-12 OR HIGHER EDUCATION PROGRAMS IN EQUAL AMOUNTS.
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Read the first time and referred to the Committee on Education.

S. 826 (Word version) -- Senators Moore, Setzler and Ryberg: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, SO AS TO PROVIDE THAT THE PETITION FILING DEADLINE FOR SCHOOL BOARD CANDIDATES FOR THE AIKEN COUNTY BOARD OF EDUCATION MUST BE CONSISTENT WITH THE UNIFORM STATEWIDE FILING DEADLINE FOR PETITION CANDIDATES PROVIDED FOR IN SECTION 7-13-351, AND TO PROVIDE THAT CANDIDATES QUALIFYING BY A STATEMENT OF CANDIDACY MUST CONFORM TO THE UNIFORM STATEWIDE FILING DEADLINE SET FORTH IN SECTION 7-13-352.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 826--Ordered to a Second and Third Reading

On motion of Senator MOORE, with unanimous consent, S. 826 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 827 (Word version) -- Senator Williams: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF MR. M. GAULT BEESON OF MARION COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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H. 3279 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

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

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.

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

H. 4150 (Word version) -- Reps. Hagood, Stavrinakis, Limehouse, Miller, Scarborough and Young: A BILL TO AMEND ACT 340 OF 1967, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND THE GOVERNING BODY OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH PRINCIPALS OF SCHOOLS IN THE DISTRICT SHALL BE APPOINTED AND THE MANNER IN WHICH TEACHERS AND OTHER PERSONNEL SHALL BE EMPLOYED AND ASSIGNED, AND TO DELETE CERTAIN PROVISIONS RELATING TO THE EMPLOYMENT AND TRANSFER OF TEACHERS AND OTHER EMPLOYEES.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4178 (Word version) -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.

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

H. 4178--Recalled and Read the Second Time

On motion of Senator PEELER, with unanimous consent, the Resolution was recalled from the Committee on Medical Affairs.

On motion of Senator PEELER, with unanimous consent, the Resolution was read the second time, passed and ordered to a third reading.

H. 4178--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4178 was ordered to receive a third reading on Thursday, June 7, 2007.

H. 4193 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE CROSSWALK ATOP THE LAKE ASHWOOD DAM IN LEE COUNTY THE "WAYNE W. BROWN CROSSWALK" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS CROSSWALK THAT CONTAIN THE WORDS "WAYNE W. BROWN CROSSWALK".

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 4196 (Word version) -- Reps. G. Brown, Weeks, J. H. Neal, Lowe and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 521 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY".

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

H. 4200 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF KERSHAW COUNTY AND TO REDESIGNATE 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.

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

H. 4202 (Word version) -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.

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

H. 4217 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAK SMYRL, OF KERSHAW COUNTY, FOR HIS DISTINGUISHED CAREER AS AN ARTIST AND WRITER AND TO THANK HIM FOR LIGHTENING THE HEARTS OF UNCOUNTED SOUTH CAROLINIANS WITH HIS CARTOON HUMOR.

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

H. 4218 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION WELCOMING MR. TOM JOYNER AND THE TOM JOYNER MORNING "SKY SHOW" TO THE CITY OF SPARTANBURG ON JUNE 8, 2007, AND THANKING HIM AND THE TOM JOYNER FOUNDATION FOR HIGHLIGHTING THE ACHIEVEMENTS OF, AND PROVIDING FINANCIAL SUPPORT TO, SOUTH CAROLINA'S HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.

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

H. 4220 (Word version) -- Reps. J. H. Neal, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME TO HIS EXCELLENCY ABDULSALAM ABUBAKAR, FORMER PRESIDENT OF NIGERIA, TO THE STATE OF SOUTH CAROLINA AS HE SPEAKS AT COLUMBIA'S BENEDICT COLLEGE, AND TO HONOR HIM FOR HIS CONTRIBUTIONS TO ESTABLISHING A DEMOCRATICALLY ELECTED GOVERNMENT IN NIGERIA.

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

H. 4237 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ROBERT "BOB" BROWN, OF SPARTANBURG COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN FIFTY YEARS AS A CATTLE AUCTIONEER, AND TO EXTEND BEST WISHES FOR MANY YEARS OF HEALTH AND HAPPINESS TO COME.
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The Concurrent Resolution was adopted, ordered returned to the House.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
Very respectfully,
Speaker of the House

S. 310--CONFERENCE COMMITTEE APPOINTED

S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.

On motion of Senator HAYES, the Senate insisted upon its amendments to S. 310 and asked for a Committee of Conference.

Whereupon, Senators PEELER, O'DELL and SETZLER 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., June 5, 2007

Mr. President and Senators:

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

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
Very respectfully,
Speaker of the House

S. 493--CONFERENCE COMMITTEE APPOINTED

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.

On motion of Senator RYBERG, the Senate insisted upon its amendments to S. 493 and asked for a Committee of Conference.

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

HOUSE CONCURRENCES

S. 634 (Word version) -- Senators Grooms, Scott and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE".

Returned with concurrence.

S. 796 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY FROM MILE MARKER THREE TO MILE MARKER FIVE THE "CORPORAL MARK D. JONES HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL MARK D. JONES HIGHWAY".

Returned with concurrence.

S. 814 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LUCILLE O'NEAL FOR HER LOVING COMMITMENT TO HER FAMILY, FAITH, AND COMMUNITY, AND FOR VISITING WILLIAMSBURG COUNTY TO ADDRESS THE KINGSTREE DISTRICT AME CHURCH SCHOOL CONVENTION.

Returned with concurrence.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 3526 (Word version) -- Reps. Taylor, Brady, Bales, Bedingfield, Bowers, Branham, Chellis, Gullick, Hagood, Hardwick, Knight, Limehouse, Littlejohn, Mahaffey, Scarborough, J.R. Smith, Talley, Bingham, Toole, R. Brown, Mulvaney, Whipper and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3477 SO AS TO ALLOW A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO ONE THOUSAND DOLLARS IN A TAXABLE YEAR FOR A TAXPAYER EMPLOYING AN APPRENTICE IN AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF LABOR, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO FIVE SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.

H. 3911 (Word version) -- Reps. Lucas and Neilson: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

By prior motion of Senator MALLOY, with unanimous consent

H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP 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 CORRECT ARCHAIC REFERENCES.

By prior motion of Senator CLEARY, with unanimous consent

HOUSE BILLS RETURNED

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

H. 3358 (Word version) -- Reps. Kirsh and Cotty: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.

H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.

By prior motion of Senator FAIR, with unanimous consent

H. 3481 (Word version) -- Reps. Cato, G. Brown, Cobb-Hunter, Cooper, Dantzler, Haley, Huggins, Leach, Owens, Skelton, G.M. Smith and Witherspoon: A BILL TO AMEND SECTION 40-10-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHOM THE PROVISIONS OF CHAPTER 10, TITLE 40, REGULATING FIRE SPRINKLER CONTRACTORS, DO NOT APPLY, SO AS TO PROVIDE THAT CHAPTER 10 DOES NOT APPLY TO PERSONS WHO ARE EMPLOYED BY PUBLIC INSTITUTIONS TO REPAIR, ALTER, MAINTAIN, OR INSPECT FIRE SPRINKLER SYSTEMS.

H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO ACQUIRE, CONSTRUCT, RENOVATE, REPAIR, FURNISH, AND EQUIP SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO THE PROVISION OF PUBLIC EDUCATION IN DILLON COUNTY BY MEANS OF ACQUISITION AGREEMENTS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIXTY MILLION DOLLARS SUBJECT TO THE APPROVAL OF A SALES AND USE TAX TO BE IMPOSED IN DILLON COUNTY; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO THESE ACQUISITION AGREEMENTS AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; TO AUTHORIZE EACH OF THE SEVERAL SCHOOL DISTRICTS IN DILLON COUNTY TO ISSUE GENERAL OBLIGATION BONDS WITHIN THE GENERAL OBLIGATION DEBT LIMIT IMPOSED BY ARTICLE X, SECTION 15 OF THE SOUTH CAROLINA CONSTITUTION OR PURSUANT TO THE FAVORABLE RESULTS OF A REFERENDUM IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS PRIOR TO JANUARY 1, 2018; TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED; TO AUTHORIZE THE USE OF THE PROCEEDS OF THESE BONDS TO MAKE PAYMENTS WITH RESPECT TO ACQUISITION AGREEMENTS ENTERED INTO BY THE DILLON COUNTY BOARD OF EDUCATION OR TO DEFRAY THE COSTS ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, RENOVATION, REPAIR, FURNISHING, AND EQUIPPING OF SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO PUBLIC EDUCATION BY EACH SCHOOL DISTRICT; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.

By prior motion of Senator WILLIAMS, with unanimous consent

RETURNED TO THE HOUSE

H. 3749 (Word version) -- Reps. W.D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.

Senator O'DELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Amendment No. 2

Senator GROOMS proposed the following Amendment No. 2 (3749R022.LKG), which was adopted:

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

/     SECTION   ___.   Section 12-37-220(B)(38) of the 1976 Code is amended to read:

"(38)(a)   Watercraft and motors which have an assessment of not more than fifty dollars.

(b)   By ordinance, a governing body of a county may exempt from the property tax, forty-two and 75/100 percent of the fair market value of a watercraft and its motor. This exemption for a watercraft motor applies whether the motor is located in, attached to, or detached from the watercraft."

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Amendment No. 4A

Senator ALEXANDER proposed the following Amendment No. 4A (3749R024.TCA), which was adopted:

Amend the bill, as and if amended, by deleting SECTIONS 12 and 48.

Amend the bill further, as and if amended, SECTION 22, page 29, by striking lines 8 and 9 and inserting:

/     income taxes imposed by Sections 12-6-510 and 12-6-530 and license fees imposed by Chapter 20 of Title 12 this title. For the purposes of /

Amend the bill further, as and if amended, SECTION 23A, page 29, by striking line 39 and inserting:

/     against his state income tax imposed by Chapter 6 of Title 12, bank tax imposed by Chapter 11 of Title 12,     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Amendment No. 5

Senator O'DELL proposed the following Amendment No. 5 (3749R019.WHO), which was adopted:

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

/     SECTION   ___.   A.   Section 12-6-590(B) of the 1976 Code is amended to read:

"(B)   If Internal Revenue Code Section 1374 (Tax Imposed on Certain Built-In Gains and Capital Gains) or 1375 (Tax Imposed on Certain Passive Investment Income) imposes a federal income tax, a South Carolina tax is similarly imposed using the rates set forth in Section 12-6-530. If the exception in Internal Revenue Code Section 1374(c) is effective for federal tax purposes, then this exception is applicable for South Carolina income tax purposes. A taxpayer who is a shareholder in a bank, as defined in Section 581 of the IRC, having a valid federal election under Subchapter S, is allowed a tax credit that equals the difference between: (i) the taxpayer's tax as computed pursuant to this chapter, including all credits other than the credit allowed pursuant to this section; and (ii) the tax as computed pursuant to this chapter, including all credits other than the credit allowed pursuant to this section, but excluding the taxpayer's prorata share of the net items of income and expense of the bank. The credit may not exceed the taxpayer's prorata share of the tax imposed on the bank pursuant to Section 12-11-30. These taxpayers are taxed pursuant to the provisions of this section and Section 12-6-545, notwithstanding the exception contained in Section 12-6-545(A)(1)."

B.     This section takes effect upon approval by the Governor and applies to calendar years beginning January 1, 2007.   /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the amendment.

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

RETURNED TO THE HOUSE

H. 3045 (Word version) -- Reps. Cooper, Cobb-Hunter, Umphlett, Mahaffey, Sandifer, G.R. Smith, Hamilton, Davenport, Mitchell, Miller, Battle, Thompson, J.R. Smith, J.H. Neal, M.A. Pitts, Cotty, Ballentine, Haley, Ceips, Funderburk, Brady, White, Kirsh, Jefferson, Vick, McLeod, Harrell, Littlejohn, Lucas, Branham, Delleney, Bowen, Gambrell, Gullick and Sellers: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2007 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS AND TO PROVIDE THAT THE GRANTS MUST BE ADMINISTERED BY THE SOUTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION IN CONJUNCTION WITH A PEER REVIEW PANEL.

Motion Under Rule 26B

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

There was no objection.

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

Senator RYBERG proposed the following amendment (3045R007.WGR), which was adopted:

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

/   SECTION   1.   (A)   It is the purpose of this act to create the 'Volunteer Strategic Assistance and Fire Equipment Pilot Program (V-SAFE)'.

(B)   This act is contingent upon the General Assembly appropriating funds for the offering of grants of not more than thirty thousand dollars to eligible volunteer and combination fire departments for the purpose of protecting local communities and regional response areas from incidents of fire, hazardous materials, terrorism, and to provide for the safety of volunteer firefighters.

(C)(1)   As contained in this chapter:

(a)   'chartered fire department' means a public or governmental sponsored organization providing fire suppression activities with a minimum of a Class 9 rating from the Insurance Services Office;

(b)   'chartered volunteer fire department' means a fire department whose personnel serves with no compensation or is paid on a per call basis; and

(c)   'chartered combination fire department' means a fire department with both members who are paid and members who serve as volunteer firefighters.

(2)   Chartered volunteer fire departments and chartered combination fire departments with a staffing level that is at least fifty percent volunteer are eligible to receive grants pursuant to this chapter. A chartered fire department that receives a grant must comply with the firefighter registration provisions of Act 60 of 2001 and sign the statewide mutual aid agreement with the South Carolina Emergency Management Division.

(D)   The amount of the grants awarded shall not exceed thirty thousand dollars per year for each eligible chartered fire department, with no matching or in-kind money required. A chartered fire department may be awarded only one grant in a three-year period.

(E)   The grant money received by a chartered fire department must be used for the following purposes:

(1)   fire suppression equipment;

(2)   self-contained breathing apparatus;

(3)   portable air refilling systems;

(4)   hazardous materials spill leak detection, repair, and recover equipment;

(5)   protective clothing and equipment;

(6)   new and used fire apparatus;

(7)   incident command vehicles;

(8)   special operations vehicles;

(9)   training;

(10)   rescue equipment;

(11)   medical equipment;

(12)   decontamination equipment; and

(13)   safety equipment.

(F)(1)   The State Fire Marshal shall administer the grants in conjunction with a peer review panel.

(2)   The peer review panel shall consist of nine voting members who shall serve without compensation. Seven members must be fire chiefs from each of the seven regions of the State as defined by the State Fire Marshal. The Chairman of the House Ways and Means Committee shall appoint fire chiefs from Regions 1, 2, and 7. The Chairman of the Senate Finance Committee shall appoint fire chiefs from Regions 3, 4, and 6. The Governor shall appoint one fire chief from Region 5 and one fire chief from the state at-large. The State Fire Marshal also shall serve as a member. The President of the South Carolina State Firefighters' Association shall serve as a non-voting member and chairman of the committee.

(3)   An applicant for grant money must submit justification for their project that provides details regarding the project and the project's budget, the benefits to be derived from the project, the applicant's financial need, and how the project would affect the applicant's daily operations in protecting lives and property within their community. Each application must be judged on its own merits. The panelists must consider all expenses budgeted, including administrative and/or indirect costs, as part of the cost-benefit review. An applicant may demonstrate cost-benefit by describing, as applicable, how the grant award will:

(a)   enhance a regional approach that is consistent with current capabilities and requests of neighboring organizations or otherwise benefits other organizations in the region;

(b)   implement interoperable communications capabilities with other local, state, and federal first responders and other organizations;

(c)   allow first responder organizations to respond to all hazards, including incidents involving seismic, atmospheric , or technological events, or chemical, biological, radiological, nuclear, or explosive incidents, as well as fire prevention and suppression.

Applications that best address the grant funding priorities shall score higher than applications that are inconsistent with the priorities. During the panel review process, panelists shall provide a subjective but qualitative judgment on the merits of each request.

Panelists shall evaluate and score the proposed project's clarity, including the project's budget detail, the organization's financial need, the benefits that would result from an award relative to the cost, and the extent to which the grant would enhance daily operations or how the grant will positively impact an organization's ability to protect life and property. Each element shall be equally important for purposes of the panelists' scores. Panelists must review each application in its entirety and rate the application according to the evaluation criteria.

Applications shall be evaluated by the panelists relative to the critical infrastructure within the applicant's area of first-due response. Critical infrastructure includes any system or asset that, if attacked or impacted by a hazardous event, would result in catastrophic loss of life or catastrophic economic loss. Critical infrastructure include public water or power systems, major business centers, chemical facilities, nuclear power plants, major rail and highway bridges, petroleum and natural gas transmission pipelines or storage facilities, telecommunications facilities, or facilities that support large public gatherings such as sporting events or concerts. Panelists shall assess the infrastructure and the hazards confronting the community to determine the benefits to be realized from a grant to the applicant.

Applicants that falsify their application, or misrepresent their organization in any material manner, shall have their applications deemed ineligible and referred to the Attorney General for further action, as the Attorney General deems appropriate.

(4)   The project period for any award grant shall be twelve months from the date of the award. Any equipment purchased with the grant must meet all mandatory regulatory requirements, as well as, all state, national, and Department of Homeland Security adopted standards.

Award recipients must agree to:

(a)   perform, within the designated period of performance, all approved tasks as outlined in the application;

(b)   retain grant files and supporting documentation for three years after the conclusion and closeout of the grant or any audit subsequent to closeout;

(c)   ensure all procurement actions are conducted in a manner that provides, to the maximum extent possible, open and free competition. In doing so, the recipient must follow its established procurement law when purchasing vehicles, equipment, and services with the grant. If possible, the recipient must obtain at least two quotes or bids for the items being procured and document the process used in the grant files. Sole-source purchasing is not an acceptable procurement method except in circumstances allowed by law;

(d)   submit a performance report to the peer review panel six months after the grant is awarded. If a grant's period of performance is extended for any reason, the recipient must submit performance reports every six months until the grant is closed out. At grant closeout, the recipient must report how the grant funding was used and the benefits realized from the award in a detailed final report. An accounting of the funds must also be included; and

(e)   make grant files, books, and records available, if requested by any person, for inspection to ensure compliance with any requirement of the grant program.

(5)   A recipient that completes the approved scope of work prior to the end of the performance period, and still has grant funds available, may:

(a)   use the greater of one percent of their award amount or three hundred dollars to continue or expand, the activities for which they received the award;

(b)   use excess funds to create or expand, a fire or injury prevention program. Excess funds above the amounts discussed in subitem (a) must be used for fire or injury prevention activities or returned to the program. In order to use excess funds for fire or injury prevention activities, a recipient must submit an amendment to its grant. The amendment request must explain fire or injury prevention efforts currently underway within the organization, where the use of excess funds would fit within the existing efforts, the target audience for the fire or injury prevention project and how this audience was identified, and how the effectiveness of the requested fire or injury prevention project will be evaluated;

(c)   use a combination of subitems (a) and (b); or

(d)   return excess funds to the program. To return the excess funds, a recipient must close out its award and state in the final performance report that the remaining funds are not necessary for the fulfillment of grant obligations. The recipient must also indicate that it understands that the funds will be unavailable for future expenses.

(6)   The State Fire Marshal shall:

(a)   develop a grant application package utilizing the established guidelines;

(b)   establish and market a written and electronic version of the grant application package;

(c)   provide an annual report of all grant awards and corresponding chartered fire department purchases to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor;

(d)   provide all administrative support to the peer review committee; and

(e)   provide a grants web page for electronic applications.

(7)   By March fifteenth, the peer review panel must submit a report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor detailing actions made by the panel regarding the awarding of grants and evaluating the success of the program. The report must also include a summary of each performance report received.

(G)(1)   Two percent of these funds may be awarded to the South Carolina State Firefighters' Association annually for the express purpose of establishing and maintaining a recruitment and retention program for volunteer firefighters. The association must apply for the grant to the peer review panel.

(2)   By March fifteenth, the association must submit a report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor explaining and itemizing the expenditure of any of the funds awarded in subsection (A).

(H)   The provisions of this chapter expire June 30, 2008.

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

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator ALEXANDER proposed the following amendment (SWB\5345CM07), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/ SECTION   __.   Section 23-9-10 of the 1976 Code is amended to read:

"Section 23-9-10.   Effective July 1, 1979, the Office of State Fire Marshal is hereby transferred to the Budget and Control Board to operate as a division under the Office of Executive Director. The State Fire Marshal shall have all of the duties and responsibilities formerly exercised by the Chief Insurance Commissioner as State Fire Marshal, ex officio. The Notwithstanding another provision of law, after January 20, 2011, the State Fire Marshal shall have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control. The Governor shall appoint the State Fire Marshal who shall serve as the Deputy Director of the Division of Fire and Life Safety." /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

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

PRESIDENT PRESIDES

At 12:27 P.M., the PRESIDENT assumed the Chair.

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

S. 816 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT EACH MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM DARLINGTON COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE.

S. 816--Ordered to a Third Reading

On motion of Senator MALLOY, S. 816 was ordered to receive a third reading on Thursday, June 7, 2007.

H. 3254 (Word version) -- Reps. Clyburn, Neilson, Whipper, W.D. Smith, Anderson, Bales, Breeland, R. Brown, Cobb-Hunter, Cooper, Dantzler, Delleney, Harrison, Hayes, Hosey, Howard, Jennings, Limehouse, Mack, Merrill, J.H. Neal, Ott, Owens, Rutherford, Scarborough, Sellers, Umphlett, Viers, Walker and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES AND TO PROVIDE THAT A PARENT OR GUARDIAN OF A STUDENT SCORING BELOW BASIC ON ANY PORTION OF THE STATE ASSESSMENT WHO IS REGISTERED TO ATTEND THE SCHOOL SHALL ATTEND THE ORIENTATION CLASS.

H. 3373 (Word version) -- Reps. M.A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.

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

There was no objection.

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

On motion of Senator LEVENTIS, with unanimous consent, the amendments on the Bill were carried over to third reading.

H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.

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

There was no objection.

On motion of Senator MATTHEWS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading.

Having voted on the prevailing side, Senator FORD moved to reconsider the vote whereby the Bill was given a second reading.

There was no objection.

Second reading of H. 3032 was reconsidered.

H. 3131 (Word version) -- Reps. Harrell and Umphlett: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES CONGRESS, AND TO MAKE TECHNICAL CHANGES.

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

Senator HUTTO proposed the following amendment (3131R002.LKG), which was adopted:

Amend the bill, as and if amended, on page 1, by striking lines 25 - 42 and on page 2, by striking lines 1 - 5 and inserting:

/ "Article 22

Special License Plates; Former Members of the South Carolina Delegation of the United States Congress, Retired Judicial Officers, Members of Municipal and County Councils, Coroners, Mayors, and Members of the General Assembly Receiving Retirement Benefits

Section 56-3-2150.   The Department of Motor Vehicles may issue special motor vehicle license plates to former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate respectively, members of municipal and county councils, county coroners, and mayors of this State for private passenger motor vehicles owned by them. The department also may issue special motor vehicle license plates to former members of the General Assembly who are eligible to receive retirement benefits under the General Assembly Retirement System for private passenger motor vehicles owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate respectively, councilman, coroner, mayor, or member of the General Assembly who is receiving retirement benefits. The plate must be issued or revalidated biennially for the regular registration and licensing period." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator GROOMS proposed the following amendment (3131R003.LKG), which was adopted:

Amend the bill, as and if amended, on page 1 by striking lines 39 - 42 and inserting:

/   receive retirement benefits under the General Assembly Retirement System for private passenger motor vehicles and vehicles classified as private passenger motor vehicles in Section 56-3-630 owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may/

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

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

RECESS

At 12:32 P.M., on motion of Senator PEELER, the Senate receded from business until 1:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:36 P.M. and was called to order by the PRESIDENT.

H. 4164 (Word version) -- Reps. Bowers and Brantley: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE HAMPTON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; TO ABOLISH THE HAMPTON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

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

Senator PINCKNEY proposed the following amendment (JUD4164.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 35 through 37, as contained in SECTION 1(A), and inserting therein:

/   composed of nine members appointed to office by the Governor; four of the members shall be appointed upon the recommendation of the senator representing the county, and the remaining five members shall be appointed upon the recommendation of the legislative delegation from the county. A member may not be a paid employee of the board or of   /

Renumber sections to conform.

Amend title to conform.

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

H. 4164--Ordered to a Third Reading

On motion of Senator PINCKNEY, H. 4164 was ordered to receive a third reading on Thursday, June 7, 2007.

H. 3516 (Word version) -- Reps. Huggins, Mahaffey, Sandifer, Bowen and Lowe: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER, SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.

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.

Senator THOMAS proposed the following amendment (3516R004.DLT), which was adopted:

Amend the committee amendment, as and if amended, on page [3516-2] by striking lines 1 - 3 and inserting:

/     (b)   the commission does not have grounds to deny licensure to the applicant based upon the applicant's prior criminal record as provided in Section 40-1-140, except that a conviction for a violation of Section 34-11-60 or Section 34-11-80 may not be grounds for denial of licensure if the offense concerned the applicant's personal funds and not funds in a trust account, he satisfied all civil penalties levied, and was imprisoned for not more than thirty days.     /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the perfecting amendment.

The Committee on Labor, Commerce, and Industry proposed the following amendment (3516R003.DBV), which was adopted:

Amend the bill, as and if amended, on Page 1, by striking lines 40 - 42 and on Page 2, by striking lines 1 - 6 and inserting:

/     (6)   pass the applicable examination.; and

(7)   obtain and provide a criminal history background check to the commission. The applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division, or a private firm approved by the State Law Enforcement Division, or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.         /

Amend the bill further, as and if amended, on Page 2, by striking lines 14 - 16 and inserting:

/     (b)   the commission does not have grounds to deny licensure to the applicant based upon the applicant's prior criminal record as provided in Section 40-1-140; and     /

Renumber sections to conform.

Amend title to conform.

Senators MALLOY and RITCHIE proposed the following amendment (NBD/11771AC07), which was adopted:

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

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

"(36)   'Practice of medicine' means:

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

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

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

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

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

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

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

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

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

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

H. 3516--Ordered to a Third Reading

On motion of Senator MALLOY, with unanimous consent, H. 3516 was ordered to receive a third reading on Thursday, June 7, 2007.

COMMITTEE AMENDMENT TABLED, AMENDED

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

There was no objection.

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

Senator SETZLER moved to lay the following committee amendment on the table.

The Committee on Education proposed the following amendment (3170R001.JEC), which was tabled:

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

/     SECTION   1.   Chapter 104, Title 59 of the 1976 Code is amended by adding:

"Section 59-104-25.   (A)   A resident student who has completed at least sixty credit hours and is attending a four-year public or private institution of higher learning in this State, who has a declared major of science or mathematics, or a declared major in education and has been admitted to a teacher education program, and who is receiving a Palmetto Fellows Scholarship for his current year, shall receive an additional Palmetto Fellows Loan equal to the cost of attendance after applying all scholarships or grants not to exceed three thousand three hundred dollars each year for not more than two years of instruction if enrolled in a four-year degree program or for not more than three years of instruction if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional Palmetto Fellows Loan each year, a student must receive the underlying Palmetto Fellows Scholarship for that year and must be making satisfactory academic progress each year toward receiving a degree in his science, mathematics, or education major.

(B)   The Commission on Higher Education, by regulation, shall define what constitutes a science, mathematics, or education major and qualifying degree for purposes of this section, but at minimum shall include majors and degrees in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science, mathematics, or education disciplines. The Commission on Higher Education, by regulation, shall also define what constitutes enrollment in an accredited graduate program.

(C)   This additional Palmetto Fellows Loan, if lost, may be regained in the same manner the underlying Palmetto Fellows Scholarship, if lost, may be regained.

(D)(1)   A recipient of the Palmetto Fellows Loan who obtains at least a qualifying degree pursuant to subsection (B) may have up to one hundred percent of the amount of the loan plus interest on the loan canceled. The loan is canceled at a rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year a recipient with a science or mathematics degree is employed in this State and files a South Carolina residential income tax return, or for each complete year a recipient with an education degree is employed as a certified teacher in this State and files a South Carolina residential income tax return. The loan must be canceled beginning from the actual date of employment of a recipient. A recipient of a loan shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment within six months of graduation if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.

(2)   Notwithstanding subsection (D)(1), if a recipient enrolls in an accredited graduate program within five years and six months following undergraduate graduation and is otherwise entitled to have his loan canceled, the recipient remains entitled to have his loan canceled. During the time the recipient is enrolled in an accredited graduate program, the payments on the loan, including principal and interest, shall be deferred. A recipient seeking loan deferment shall provide the South Carolina Student Loan Corporation with evidence that he has enrolled in an accredited graduate program. Within six months of the recipient no longer being enrolled in an accredited graduate program, the recipient shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.

(3)   In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, failure by a recipient to notify the commission within thirty days that he no longer meets the employment, graduate education, or residency requirements of subsection (D)(1), or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable in accordance with regulations promulgated pursuant to this subsection and subject to the terms of the promissory note. A recipient shall execute the necessary legal documents to secure his obligation and the terms and conditions of the loan.

(4)   Failure by a recipient to inform the commission in writing within thirty days that he no longer meets the employment, graduate education, or residency requirements of subsection (D)(1) subjects a recipient to liability for administrative costs incurred by the commission in determining the actual date of termination for purposes of applying interest charges.

(5)   The loan program is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated.

(6)   The Commission on Higher Education shall promulgate regulations to implement this loan program."

SECTION   2.   Chapter 149, Title 59 of the 1976 Code is amended by adding:

"Section 59-149-15.   (A)   A resident student who has completed at least sixty credit hours and is attending a four-year public or private institution of higher learning in this State, who has a declared major of science or mathematics, or a declared major in education and has been admitted to a teacher education program, and who is receiving a LIFE Scholarship for his current year shall receive an additional LIFE Loan equal to the cost of attendance after applying all scholarships or grants not to exceed two thousand five hundred dollars each year for not more than two years of instruction if enrolled in a four-year degree program or for not more than three years of instruction if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional LIFE Loan each year, a student must receive the underlying LIFE Scholarship for that year and must be making satisfactory academic progress each year toward receiving a degree in his science, mathematics, or education major.

(B)   The Commission on Higher Education, by regulation, shall define what constitutes a science, mathematics, or education major and qualifying degree for purposes of this section, but at a minimum shall include majors and degrees in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science, mathematics, or education disciplines. The Commission on Higher Education, by regulation, shall also define what constitutes enrollment in an accredited graduate program.

(C)   This additional LIFE Loan, if lost, may be regained in the same manner the underlying LIFE Scholarship, if lost, may be regained.

(D)(1)   A recipient of the Life Loan who obtains at least a qualifying degree pursuant to subsection (B) may have up to one hundred percent of the amount of the loan plus interest on the loan canceled. The loan is canceled at a rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year a recipient with a science or mathematics degree is employed in this State and files a South Carolina residential income tax return, or for each complete year a recipient with an education degree is employed as a certified teacher in this State and files a South Carolina residential income tax return. The loan must be canceled beginning from the actual date of employment of a recipient. A recipient of a loan shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment within six months of graduation if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.

(2)   Notwithstanding subsection (D)(1), if a recipient enrolls in an accredited graduate program within five years and six months following undergraduate graduation and is otherwise entitled to have his loan canceled, the recipient remains entitled to have his loan canceled. During the time the recipient is enrolled in an accredited graduate program, the payments on the loan, including principal and interest, shall be deferred. A recipient seeking loan deferment shall provide the South Carolina Student Loan Corporation with evidence that he has enrolled in an accredited graduate program. Within six months of the recipient no longer being enrolled in an accredited graduate program, the recipient shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.

(3)   In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, failure by a recipient to notify the commission within thirty days that he no longer meets the employment, graduate education, or residency requirements of subsection (D)(1), or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable in accordance with regulations promulgated pursuant to this subsection and subject to the terms of the promissory note. A recipient shall execute the necessary legal documents to secure his obligation and the terms and conditions of the loan.

(4)   Failure by a recipient to inform the commission in writing within thirty days that he no longer meets the employment, graduate education, or residency requirements of subsection (D)(1) subjects a recipient to liability for administrative costs incurred by the commission in determining the actual date of termination for purposes of applying interest charges.

(5)   The loan program is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated.

(6)   The Commission on Higher Education shall promulgate regulations to implement this loan program."

SECTION   3.   This act takes effect upon approval by the Governor, and applies beginning with the academic year beginning in the fall of 2007.         /

Renumber sections to conform.

Amend title to conform.

The committee amendment was laid on the table.

Amendment No. 1

Senators SETZLER, CROMER and KNOTTS proposed the following Amendment No. 1 (3170-SETZLER), which was adopted:

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

SECTION   1.   Section 59-149-50(A) of the 1976 Code, as last amended by Act 162 of 2005, is further amended to read:

"(A)   To be eligible for a LIFE Scholarship, a student must be either a student who has graduated from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, a student who has graduated from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-1999 school year for those students who graduate from high school on or after May 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 1100 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection(B).

SECTION   2.   A.   Chapter 104, Title 59 of the 1976 Code is amended by adding:

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.

(C)   This additional Palmetto Fellows Scholarship stipend if lost may be regained in the same manner the underlying Palmetto Fellows Scholarship if lost may be regained.

(D)   In addition, the amount of the Palmetto Fellows Scholarship for recipients who do not receive the enhanced stipend provided by this section beginning with the 2007 academic year shall be increased to an amount equal to that received by a LIFE scholarship recipient also receiving the enhanced stipend provided by Section 59-149-15."

B.     Chapter 149, Title 59 of the 1976 Code is amended by adding:

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at a minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.

(C)   This additional LIFE Scholarship stipend if lost may be regained in the same manner the underlying LIFE Scholarship if lost may be regained."

C.     Section 59-150-370(A) of the 1976 Code is amended to read:

"Section 59-150-370.   (A)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty three-hundred-dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.

SECTION   3.   This act takes effect upon approval by the Governor and applies beginning with the academic year beginning in the fall of 2007.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

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

PLACED IN THE STATUS OF ADJOURNED DEBATE

H. 3544 (Word version) -- Reps. Dantzler, Umphlett, McLeod, Bedingfield, Bowers, Harrell, Jefferson, E.H. Pitts, G.R. Smith, Williams and Bales: A BILL TO AMEND SECTION 12-37-224, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE, THE MOTOR HOME MUST BE VALUED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.

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

Amendment No. 1

Senators LEATHERMAN, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, MCCONNELL, MCGILL, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, THOMAS, VAUGHN, VERDIN and WILLIAMS proposed the following amendment (3544R003.HKL), which was adopted:

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

/ A BILL

TO AMEND ARTICLE 1, CHAPTER 11 OF TITLE 11, RELATING TO THE STATE BUDGET SYSTEM, TO CREATE THE CONTINGENCY RESERVE FUND, TO PROVIDE THAT ALL GENERAL FUND REVENUES ACCUMULATED IN A FISCAL YEAR IN EXCESS OF GENERAL APPROPRIATIONS MUST BE CREDITED TO THE CONTINGENCY RESERVE FUND, TO PROVIDE THAT AMOUNTS IN THE CONTINGENCY RESERVE FUND MAY BE USED TO MAINTAIN THE REQUIRED BALANCE IN THE GENERAL RESERVE FUND, TO PROVIDE THAT TEN MILLION DOLLARS OF THE FISCAL YEAR 2007-2008 IS APPROPRIATED TO THE STATE DEPARTMENT OF EDUCATION TO SUPPLEMENT SCHOOL DISTRICTS, TO AMEND SECTION 12-36-910(D), RELATED TO THE TAX ON FOOD, TO REDUCE THE TAX RATE FROM THREE PERCENT TO ONE PERCENT EFFECTIVE ON NOVEMBER 1, 2007, TO PROVIDE FOR THE PROCESS THROUGH WHICH THE TAX ON FOOD MAY BE REDUCED TO ZERO, TO REDUCE THE RATE OF TAX IMPOSED ON THE LOWEST TAX BRACKET OF SOUTH CAROLINA TAXABLE INCOME TO PROVIDE THAT IN CALCULATING ESTIMATED STATE INDIVIDUAL AND CORPORATE INCOME TAX REVENUES FOR FISCAL YEAR 2007-2008 ONLY, THE BOARD OF ECONOMIC ADVISORS SHALL DEDUCT FORTY MILLION DOLLARS THAT MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION, OF WHICH TWENTY MILLION DOLLARS MUST BE DEPOSITED INTO THE STATE HIGHWAY FUND TO BE USED ONLY FOR BRIDGE CONSTRUCTION, REPAIR, AND MAINTENANCE, AND THAT TWENTY MILLION DOLLARS MUST BE DEPOSITED INTO THE NON-FEDERAL AID HIGHWAY FUND FOR THE MAINTENANCE OF ROADS NOT ELIGIBLE FOR FEDERAL FUNDS.

Be it enacted by the General Assembly of the State of South Carolina:

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

"Section 11-11-220.   (A)   There is created in the State Treasury a fund separate and distinct from the General Fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Asembly. Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds.

(B)   If the balance in the General Reserve Fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the General Reserve Fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the General Reserve Fund."

SECTION   2.   Of the first funds available from Fiscal Year 2006-2007 State General Fund Surplus Revenues, an amount equal to \$10,000,000 is appropriated to the State Department of Education to supplement the school districts that are negatively affected by the lack of revision of the 2007 final index of taxpaying ability. The school districts supplemented by these funds must be separate from the school districts supplemented by the Education Finance Act Reserve Funds. Funds appropriated pursuant to this section not expended before July 1, 2008, revert to the State General Fund.

In Fiscal Year 2007-2008, school districts that receive a higher amount of State Education Finance Act funds as a result of the lack of revision of the 2007 final index of taxpaying ability shall direct the excess funds toward nonrecurring allowable expenditures.

The Department of Revenue shall build the 2008 index of taxpaying ability on the 2007 index of taxpaying ability as if it was amended.

SECTION   3.   A.   Section 12-36-910(D) of the 1976 Code, as added by Act 388 of 2006, is amended to read:

"(D)(1)   notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three percent and effective November 1, 2007, one percent.

(2)   there is transferred from the general fund of the state to the eia fund in fiscal year 2006-2007 the revenue estimated by the board of economic advisors to equal eia revenue not received as a result of the two percent sales tax differential provided pursuant to this subsection. Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, the then applicable state sales and use tax rate imposed on unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is reduced, effective the following July first, by one-half of one percentage point. That reduced rate applies until a subsequent reduction takes effect. If the February fifteenth forecast meets the requirement for a rate reduction, the board promptly shall certify this result in writing to the Department of Revenue. On the July first that the rate attains zero, the provisions of this subsection no longer apply.

(3)   twenty percent of the sales and use tax revenue attributable to the then applicable special rate imposed pursuant to this subsection, as estimated by the Board of Economic Advisors, must be credited to the EIA Fund. The balance of the revenue must be credited to the General Fund of the State and used for the purposes provided for pursuant to Section 59-21-1010(a)."

B.   Section 12-36-2120 of the 1976 Code is amended by adding a new item at the end appropriately numbered to read:

"( )   Effective on the July first that the provisions of Section 12-36-910(D) no longer apply, unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons. However, the exemption allowed by this item applies only to the state sales and use tax imposed pursuant to this chapter."

C.   Notwithstanding any other provision of law, for Fiscal Year 2007-2008 only, there must be transferred from the General Fund of the State to the EIA Fund an amount estimated by the Board of Economic Advisors to equal the difference between EIA Fund revenues from the sales tax on food in Fiscal Year 2007-2008 and the amount of such revenue to the EIA Fund in Fiscal Year 2006-2007.

SECTION   4.   Notwithstanding any other provision of law, for taxable years beginning after 2006, the rate of tax imposed pursuant to Section 12-6-510(A) on the lowest bracket of South Carolina taxable income is reduced from 2.5 percent to zero percent, and the Department of Revenue shall adjust amounts due in tax tables prescribed by the department.

SECTION   5.   A.   In calculating estimated state individual and corporate income tax revenues for fiscal year 2007-2008 only, the Board of Economic Advisors shall deduct forty million dollars that must be credited to the South Carolina Department of Transportation. Of the amount credited, twenty million dollars must be deposited into the State Highway Fund to be used only for the replacement, repair, and maintenance of bridges, or to obtain matching federal funds for these purposes, and twenty million dollars must be deposited in the State Non-Federal Aid Highway Fund to be used only for the maintenance of roads in the state highway system that are not eligible for federal funds.

B.   This SECTION takes effect July 1, 2007.

SECTION   6.   Except where otherwise specified, this act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Amendment No. 2

Senators SETZLER, COURSON and LEATHERMAN proposed the following Amendment No. 2 (3544R004.NKS), which was adopted:

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

/     SECTION   ___.   A.   Section 59-149-50(A) of the 1976 Code, is amended to read:

"(A)   To be eligible for a LIFE Scholarship, a student must be either a student who has graduated from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, a student who has graduated from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, or a student whose parent or guardian has served in or has retired from one of the United States Armed Forces within the last four years, paid income taxes in this State for a majority of the years of service, and is a resident of this State. These students also must meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-1999 school year for those students who graduate from high school on or after May 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 1100 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection

B.   This SECTION takes effect upon approval by the Governor and applies beginning with the academic year beginning in the fall of 2007.

SECTION   ___.   A.   Chapter 104, Title 59 of the 1976 Code is amended by adding:

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at a minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.

(C)   If the additional Palmetto Fellows Scholarship stipend is lost, it may be regained in the same manner the underlying Palmetto Fellows Scholarship is regained if lost.

(D)   In addition, the amount of the Palmetto Fellows Scholarship for a recipient who does not receive the enhanced stipend provided by this section, beginning with the 2007 academic year, shall be increased to an amount equal to that received by a LIFE scholarship recipient also receiving the enhanced stipend provided by Section 59-149-15."

B.     Chapter 149, Title 59 of the 1976 Code is amended by adding:

(B)   The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at a minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.

(C)   If the additional LIFE Scholarship stipend is lost, it may be regained in the same manner the underlying LIFE Scholarship is regained if lost."

C.     Section 59-150-370(A) of the 1976 Code is amended to read:

"Section 59-150-370.   (A)   SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty three hundred dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship."

D.   This SECTION takes effect upon approval by the Governor and applies beginning with the academic year beginning in the fall of 2007./

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

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

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was placed in the status of Adjourned Debate.

On motion of Senator LEATHERMAN, with unanimous consent, the provisions of Rule 26B were waived and further amendments would be permitted on third reading.

H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W.D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

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

There was no objection.

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

The Judiciary Committee proposed the following amendment (JUD3572.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 1-6 and inserting:

/   Section 17-22-310.   (A)   Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less. A person may not participate in a traffic education program if the person's traffic-related offense resulted in death or serious bodily injury to another person.   /

Amend the bill further, as and if amended, page 2, by striking lines 19-22 and inserting:

/   Section 17-22-320.   (A)   A person may be considered for a traffic education program if he has no points on his driving record. A person may not participate in a traffic education program more than once./

Amend the bill further, as and if amended, page 3, by striking line 34 and inserting:

/     (2)   15.12 percent to the South Carolina Criminal Justice Academy;   /

Amend the bill further, as and if amended, page 4, by striking line 28 and inserting:

/     (2)   10.13 percent to the South Carolina Criminal Justice Academy;   /

Amend the bill further, as and if amended, page 5, after line 38, by adding an appropriately numbered SECTION to read:

/   SECTION   __.   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, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.   /

Renumber sections to conform.

Amend title to conform.

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

OBJECTION

H. 3267 (Word version) -- Reps. G.M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES BY ADDING THREE AT-LARGE JUDGES.

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

Senator PEELER objected.

AMENDED AND READ THE SECOND TIME

H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.

On behalf of Senator HUTTO, Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator HUTTO proposed the following amendment (JUD3457.003), which was adopted:

Amend the bill, as and if amended, page 1, lines 38-41 and page 2, lines 1-2, as contained in SECTION 1, by striking page 1, lines 38-41 and page 2, lines 1-2 in their entirety and inserting the following:

/   (B)   In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend or revoke a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended."     /

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

/   SECTION   ____.   Section 61-4-10 of the 1976 Code, as last amended by Act 14 of 2007, is further amended to read:

"Section 61-4-10.   The following are declared to be nonalcoholic and nonintoxicating beverages:

(1)   all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;

(2)   all beers, ales, porters, and other similar malt of fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of ten six and one-half ounces or more or the metric equivalent; and

(3)   all wines containing not in excess of twenty-one percent of alcohol by volume."     /

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

/   SECTION   ___.   Section 61-4-737 of the 1976 Code is amended to read:

"Section 61-4-737.   Notwithstanding any other provision of law or regulation, the holder of a retail wine permit for off-premises consumption whose primary product is beer, wine, or distilled spirits may conduct, in accordance with department rulings or regulations, not more than twenty-four wine tastings at the retail location in a calendar year quarter."   /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

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

OBJECTION

H. 3771 (Word version) -- Reps. Harrison and Bales: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK FROM PRACTICING LAW OR HOLDING THE OFFICE OF CLERK OF COURT, SO AS TO REMOVE THE PROHIBITION REGARDING THE PRACTICE OF LAW.

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

Senator KNOTTS objected.

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

H. 3699 (Word version) -- Reps. Rice, Govan, Huggins, Kirsh, Young, Viers and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO ESTABLISH A MORATORIUM ON THE PLACEMENT OF NEW MONUMENTS ON THE STATE HOUSE GROUNDS AND IN THE STATE HOUSE, EXCEPT FOR THE SENATE CHAMBER AND THE HOUSE OF REPRESENTATIVES CHAMBER; TO PROVIDE THAT TWO-THIRDS VOTE OF THE STATE HOUSE COMMITTEE IS REQUIRED TO LIFT THE MORATORIUM; TO PROVIDE THAT IF THE MORATORIUM IS LIFTED, A NEW MONUMENT MAY BE PLACED PURSUANT TO THIS ACT IF THE MONUMENT MEETS CERTAIN REQUIREMENTS OF HISTORICAL SIGNIFICANCE OR MARKS A MILESTONE IN STATE HISTORY; AND TO PROVIDE THAT IN ORDER TO PLACE A NEW MONUMENT, A MAJORITY OF THE STATE HOUSE COMMITTEE MUST AGREE TO REVIEW PROPOSALS, A PROPOSAL MUST BE APPROVED BY TWO-THIRDS OF THE STATE HOUSE COMMITTEE, AND THE GENERAL ASSEMBLY MUST ADOPT THE PROPOSAL BY CONCURRENT RESOLUTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

H. 3568 (Word version) -- Reps. Thompson and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-233 SO AS TO PROVIDE ADDITIONAL "AGRITOURISM" USES FOR AGRICULTURAL REAL PROPERTY THAT DOES NOT AFFECT THE ELIGIBILITY OF THE PROPERTY FOR AGRICULTURAL USE CLASSIFICATION FOR PURPOSES OF THE PROPERTY TAX.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

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

H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J.H. Neal, M.A. Pitts, Sellers, F.N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

H. 3828 (Word version) -- Reps. Cato, Loftis, Alexander, Duncan, Perry, Scott, Talley, Bales, Haskins, Witherspoon, Huggins, Bedingfield, Harrison, G.R. Smith, Bannister, Barfield, Battle, Branham, Chellis, Clemmons, Cooper, Crawford, Edge, Gambrell, Hardwick, Hayes, Jennings, Leach, Limehouse, Lowe, Mahaffey, Mitchell, Ott, Pinson, Rice, Sandifer, Scarborough, W.D. Smith, Taylor, Thompson, Vick, Viers, Walker and White: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 8, 2008, AT WHICH TIME IT IS DISSOLVED.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

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

S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

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

H. 3817 (Word version) -- Reps. G.M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM AND PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 5, 2007

Mr. President and Senators:

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

H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F.N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod, Mahaffey, Herbkersman and Agnew: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 6, 2007

Mr. President and Senators:

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

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

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

RETURN REQUESTED FROM THE HOUSE
READ THE THIRD TIME, RETURNED TO THE HOUSE
WITH AMENDMENTS

H. 3826 (Word version) -- Rep. White: A BILL TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PERSONNEL IN A HOSPITAL UNDER THE STATE RETIREMENT SYSTEM HAVING THE OPTION OF JOINING THE RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO PHYSICIANS, TO PROVIDE THAT THIS OPTION IS IRREVOCABLE, AND TO PROVIDE THE METHOD BY WHICH SERVICE CREDIT MUST BE ESTABLISHED FOR A PERSON ENTITLED TO RETIREMENT BENEFITS.

Senator LAND requested the return of the Bill from the House.

The Bill was returned from the House of Representatives.

Having voted on the prevailing side, Senator LAND moved to reconsider the vote whereby the Bill was given a third reading.

The motion to reconsider the vote whereby the Bill was given a third reading was adopted.

The question then was the third reading of the Bill.

Amendment No. 1

Senators MALLOY, LAND, ALEXANDER and LEATHERMAN proposed the following Amendment No. 1 (BBM\10147HTC07), which was adopted:

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

/ SECTION   __.   Notwithstanding the date of enactment of this or any other act enacted by the General Assembly in the 2007 legislative session amending Section 9-8-60 of the 1976 Code by adding a new subsection (7) therein, Section 9-8-60(7) of the 1976 Code as added by this act is deemed the final and only expression of the General Assembly for the 2007 legislative session in adding a new subsection (7) in Section 9-8-60. /

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Amendment No. 2

Senator SHEHEEN proposed the following Amendment No. 2 (3826R002.VAS), which was adopted:

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

/   SECTION   ___.   Section 9-8-110(2) of the 1976 Code is amended to read:

"(2)   Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to in service before retirement an allowance equal to one-third of the allowance which would have been payable to him, assuming if he was then eligible to retire on his date of death notwithstanding the vesting requirement of Section 9-8-50(E)(1) and as if he had retired on the date of his death, shall must be paid to his surviving spouse until her death. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one-third of the allowance which would have been payable to him, shall must be paid to the surviving spouse until death. For purposes of this subsection, 'retired member' shall include includes those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."       /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Amendment No. 3

Senator SETZLER proposed the following Amendment No. 3 (3826-SETZLER), which was adopted:

Amend the bill, as and if amended, page 3, after line 32, by adding an appropriately numbered SECTION to read:

/SECTION __.   Section 9-1-2210(I) of the 1976 Code, as amended by Act 153 of 2005, is further amended to read:

"(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system. However, a member who has received a disability benefit, but who has been restored to active service and voided his optional benefit selection pursuant to Section 9-1-1590 and repaid any benefit received is eligible to participate in the program." /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

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

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 REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

S. 327--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE

S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.

On motion of Senator KNOTTS, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator KNOTTS spoke on the report.

On motion of Senator KNOTTS, with unanimous consent, Free Conference Powers were granted.

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

On motion of Senator KNOTTS, the Report of the Committee of Free Conference to S. 327 was adopted as follows:

S. 327--Free Conference Report

The General Assembly, Columbia, S.C., June 6, 2007

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Date [SEC 5/23/07 5:13 PM].)

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

/   SECTION   1.   Section 7-5-10 of the 1976 Code is amended to read:

"Section 7-5-10.   (A)   Between the first day of January and the fifteenth day of March in every each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Registration of               County'. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

(B)(1) Members Each member, and such each staff as person designated by the board, must complete, within eighteen months after their a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must issue the member or staff person a certification, whether or not the member or staff person applies for the certification.

(2)(a) The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).

(b)   Any member appointed o reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:

(i)     eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or

(ii)   ninety days after the effective date of this section.

(c)   On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.

(3)   If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.

(4)   Following initial completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."

SECTION 2.   Section 7-5-35 of the 1976 Code is amended to read:

"Section 7-5-35.   (A)   If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.

(B)(1)   Commissioners Each commissioner, and such each staff as person designated by the commission, must complete, within eighteen months after their a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.

(2)(a)   The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).

(b)   Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:

(i)     eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or

(ii)   ninety days after the effective date of this section.

(c)   On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.

(3)   If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.

(4)   Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."

SECTION 3.   Section 7-13-70 of the 1976 Code is amended to read:

"Section 7-13-70.   (A)   For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment, the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

(B)   The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.

(C)(1)   Commissioners Each commissioner, and such each staff person as designated by the commission, must complete, within eighteen months after their the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.

(2)(a)   The provisions of this section do not exempt any member or staff person from completing the training and certification program required in item (1).

(b)   Any member appointed or reappointed after a break in service prior to the effective date of this section or any staff person employed or reemployed after a break in service prior to the effective date of this section must successfully complete a training and certification program by the latter of:

(i)     eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or

(ii)   ninety days after the effective date of this section.

(c)   On and after the effective date of this section, any member appointed or reappointed after a break in service or any staff person employed or reemployed after a break in service must complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.

(3)   If a member does not fulfill the training and certification program as provided in this section, the Governor, upon notification, must remove that member from the board unless the Governor grants the member an extension to complete the training and certification program based upon exceptional circumstances.

(4)   Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."

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

Amend title to conform.

/s/ Sen. Jake Knotts              /s/ Rep. Alan Clemmons
/s/ Sen. Vincent Sheheen          /s/ Rep. "Jim" Stewart, Jr.
/s/ Sen. "Chip" Campsen III       /s/ Rep. John L. Scott, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".

The House returned the Bill with amendments.

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

CONCURRENCE

S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

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.

CONCURRENCE

H. 3233 (Word version) -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.

The House returned the Bill with amendments.

Senator GREGORY explained the amendment.

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.

NONCONCURRENCE

H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; AND TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE-HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS.

The House returned the Bill with amendments.

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

NONCONCURRENCE

H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

The House returned the Bill with amendments.

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

H. 3379--Nonconcurrence Reconsidered

H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

Senator COURSON asked unanimous consent to reconsider the vote whereby the Senate nonconcurred in the House amendments.

There was no objection.

The vote was reconsidered and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D.C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

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

Senator MALLOY spoke on the Bill.

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

Recorded Vote

Senators FORD and ANDERSON desired to be recorded as voting against the third reading of the Bill.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

PLACED IN THE STATUS OF INTERRUPTED DEBATE

H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

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

Senator MOORE spoke on the Bill.

Point of Quorum

At 4:19 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator MOORE resumed speaking on the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CONSIDERATION INTERRUPTED
BILL REMAINS IN STATUS OF SPECIAL ORDER

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.

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

Senator LOURIE spoke on the Bill.

Objection

At 4:58 P.M., with Senator LOURIE retaining the floor, Senator PEELER asked unanimous consent to make a motion that the Senate stand adjourned.

Senator RYBERG objected.

Senator LOURIE spoke on the Bill.

Objection

Senator LOURIE asked unanimous consent to make a motion to take up Amendment No. 3 for immediate consideration.

Senator VERDIN objected.

Senator LOURIE resumed speaking on the Bill.

Objection

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

Senator MOORE objected.

Senator LOURIE resumed speaking on the Bill.

Objection

Senator LOURIE asked unanimous consent to make a motion to take up Amendment No. 3 for immediate consideration.

Senator VERDIN objected.

Senator LOURIE resumed speaking on the Bill.

ACTING PRESIDENT PRESIDES

At 5:54 P.M., Senator MARTIN assumed the Chair.

Senator LOURIE resumed speaking on the Bill.

RECESS

At 6:19 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed five minutes.

At 6:59 P.M., the Senate resumed.

On motion of Senator PEELER, consideration was interrupted by adjournment.

The Bill remained in the status of Special Order.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 10:00 A.M. tomorrow.