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


Printed Page 1643 . . . . . Wednesday, March 26, 2008

Wednesday, March 26, 2008
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

We read in the writings of Isaiah:

"He will feed his flock like a shepherd; he will gather the lambs in his arms, and   carry them in his bosom, and gently lead the mother sheep."     (Isaiah 40:11)
  Let us pray:
  O God, not often in our high tech, sophisticated age do we modern South Carolinians reflect upon sheep. Yet perhaps we should do so, or we should at least recall how scripture admonishes us again and again to be like a shepherd and to show care and concern for those who require special assistance. The needs of so many of our sisters and brothers and children in this State are indeed great. May we never forget or make light of our responsibilities to those who depend upon the wise decisions and the right actions of each Senator in this place. In Your loving name we pray, O Lord.
Amen.

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

Leave of Absence

On motion of Senator PEELER, at 2:05 P.M., Senator HAYES was granted a leave of absence for the balance of the day.

Leave of Absence

At 2:10 P.M., Senator SCOTT requested a leave of absence for the balance of the day.

CO-SPONSOR ADDED

The following co-sponsor was added to the respective Bill:
S. 1186 (Word version)     Sen. Rankin


Printed Page 1644 . . . . . Wednesday, March 26, 2008

Motion Adopted

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

Motion to Ratify Adopted

At 2:24 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M.

There was no objection and a message was sent to the House accordingly.

RECALLED FROM LEGISLATIVE COUNCIL
THIRD READING RECONSIDERED, COMMITTED TO THE DORCHESTER COUNTY DELEGATION

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, 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 CORRECT CERTAIN REFERENCES.

Senator SCOTT asked unanimous consent to recall the Bill from the Legislative Council.

There was no objection.

The Bill was returned from Legislative Council and third reading was reconsidered.

Senator SCOTT asked unanimous consent to commit the Bill to the Dorchester County Delegation.

There was no objection.

The Bill was committed to the local delegation.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:


Printed Page 1645 . . . . . Wednesday, March 26, 2008

S. 1230 (Word version) -- Senator Rankin: A SENATE RESOLUTION CONGRATULATING MCCAFFERY INTERESTS, INC., LEUCADIA NATIONAL CORPORATION, MYRTLE BEACH AIR FORCE BASE REDEVELOPMENT AUTHORITY, AND THE CITY OF MYRTLE BEACH ON THE GRAND OPENING OF THE MARKET COMMON.
l:\s-res\lar\010mark.mrh.doc

The Senate Resolution was adopted.

S. 1231 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT" TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEB SITE DEDICATED TO PROGRAM INITIATIVES.
l:\s-res\dbv\022fm2s.kmm.doc

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

S. 1232 (Word version) -- Senators Cleary and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE


Printed Page 1646 . . . . . Wednesday, March 26, 2008

ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.
l:\council\bills\bbm\10449htc08.doc

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

S. 1233 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 59-112-20 OF THE 1976 CODE RELATING TO SOUTH CAROLINA DOMICILE FOR TUITION AND FEE PURPOSES, TO PROVIDE THAT INDEPENDENT PERSONS WHO RESIDE IN AND HAVE BEEN DOMICILED IN SOUTH CAROLINA FOR FEWER THAN TWELVE MONTHS, AND THEIR DEPENDENTS, MAY BE CONSIDERED ELIGIBLE FOR IN-STATE TUITION AND FEES AS LONG AS THE INDEPENDENT PERSON IS EMPLOYED ON A FULL-TIME BASIS WITHIN AN ADJOINING COUNTY IN NORTH CAROLINA OR GEORGIA.
l:\s-res\hsp\019domi.dag.doc

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

S. 1234 (Word version) -- Senators Ritchie, Gregory, Leventis, McConnell, Alexander, Elliott, Martin, Campbell, O'Dell, Scott, Bryant and Ceips: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, TO ENACT THE ENERGY INDEPENDENCE AND SUSTAINABLE HOMES ACT BY ADDING SECTION 12-6-3640, TO PROVIDE THAT A RESIDENTIAL BUILDER WHO CONSTRUCTS A CERTIFIED HIGH-PERFORMANCE RESIDENCE IS ALLOWED A NONREFUNDABLE CREDIT AGAINST STATE INCOME TAXES EQUAL TO ONE THOUSAND DOLLARS, TO PROVIDE ELIGIBILITY REQUIREMENTS, AND TO CLARIFY HOW THE CREDIT MAY BE CLAIMED; AND TO AMEND SECTION 12-6-3587, TO PROVIDE THAT A LOCAL GOVERNMENT OR HOMEOWNERS ASSOCIATION MAY NOT PROHIBIT THE INSTALLATION OF A SOLAR ENERGY HEATING OR COOLING SYSTEM IN A RESIDENTIAL HOME.
l:\s-res\jhr\024hmcr.dag.doc

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

S. 1235 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 50-11-310(B) OF THE 1976 CODE, RELATING TO OPEN SEASON FOR ANTLERED DEER, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS


Printed Page 1647 . . . . . Wednesday, March 26, 2008

TO ESTABLISH THE METHODS FOR HUNTING AND TAKING DEER ON WILDLIFE MANAGEMENT AREA LANDS.
l:\s-res\asm\004game.dag.doc

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

S. 1236 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 56-1-50(D) OF THE 1976 CODE, RELATING TO A BEGINNER'S PERMIT, TO DELETE THE DEPARTMENT OF MOTOR VEHICLES' AUTHORITY TO RENEW A BEGINNER'S PERMIT.
l:\s-res\asm\005perm.dag.doc

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

H. 4846 (Word version) -- Reps. Moss, Gambrell, Chalk, Erickson, Frye, Spires, J. M. Neal, Coleman, Agnew, Bowen, Bowers, Brady, Branham, G. Brown, Cobb-Hunter, Crawford, Funderburk, Gullick, Hayes, Jennings, Knight, Littlejohn, McLeod, Merrill, Neilson, Ott, Pinson, Sandifer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-115 SO AS TO DESIGNATE THE THIRD WEEK IN SEPTEMBER AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".

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

H. 4850 (Word version) -- Reps. Witherspoon, Clemmons and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG ADRIAN HIGHWAY IN HORRY COUNTY "JULIAN A. BOOTH MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JULIAN A. BOOTH MEMORIAL BRIDGE".

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

H. 4866 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF ANNETTE MCLEOD SMITH, OF LEE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER CHILDREN,


Printed Page 1648 . . . . . Wednesday, March 26, 2008

GRANDCHILDREN, EXTENDED FAMILY, MANY FRIENDS, AND THE BISHOPVILLE COMMUNITY.

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

H. 4869 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE REVEREND REGINALD G. FLYNN, PASTOR OF COLUMBIA'S TEMPLE ZION BAPTIST CHURCH, FOR HIS OUTSTANDING SERVICE OVER THE PAST FIVE YEARS, AND TO WISH HIM WELL AS HE BEGINS A NEW PASTORATE IN OHIO.

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

H. 4870 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey,


Printed Page 1649 . . . . . Wednesday, March 26, 2008

McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND PASTOR EDDIE W. DAVIS OF RICHLAND COUNTY FOR HIS FAITHFUL SERVICE TO LITTLE ZION BAPTIST CHURCH, AND TO CONGRATULATE HIM AND HIS CONGREGATION FOR TWENTY-FIVE YEARS OF MINISTRY TOGETHER.

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

H. 4871 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. ETHEL MAE HENDERSON TAYLOR OF RICHLAND COUNTY UPON THE OCCASION OF HER RETIREMENT FROM FIFTY-EIGHT YEARS IN THE FIELD OF BROADCASTING, AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

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


Printed Page 1650 . . . . . Wednesday, March 26, 2008

H. 4872 (Word version) -- Reps. Kirsh, Simrill, Gullick, Moody-Lawrence, Delleney and Mulvaney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR YORK COUNTY AS A VITAL PART OF THIS STATE, AND TO DECLARE APRIL 30, 2008, YORK COUNTY DAY IN SOUTH CAROLINA.

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

H. 4877 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. S. C. CURETON, OF GREENVILLE COUNTY, A MINISTER, EDUCATOR, AND HUMANITARIAN, FOR SEEKING TO BUILD GOD'S KINGDOM ON EARTH, AND TO APPRECIATE HIS LONG SERVICE AS A LEADER AND HIS CONTRIBUTIONS IN THE FIELDS OF EDUCATION, SOCIAL WORK, HUMAN RIGHTS, AND RELIGION.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator KNOTTS from the Committee on Invitations polled the following invitations with a favorable report. The polling sheet below reflects how each member of the Invitations Committee voted in favor of the entire list of invitations.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0


Printed Page 1651 . . . . . Wednesday, March 26, 2008

Wednesday - March 26, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by PROJECT F.A.I.T.H.
(Accepted--March 12, 2008)

Wednesday - March 26, 2008 - 12:00-2:00 pm:
Members of the Senate, Lunch, Seawell's, by the SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS
(Accepted--March 12, 2008)

Wednesday - March 26, 2008 - 6:30-8:00 pm:
Members of the Senate, Bird Supper, Marriott Hotel, by the HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA
(Accepted--March 12, 2008)

Wednesday - March 26, 2008 - 8:00-10:00 pm:
Members of the Senate and staff, Reception, The Coop-1100 Key Road, by the MECHANICAL CONTRACTORS ASSOCIATION OF SOUTH CAROLINA
(Accepted--March 12, 2008)

Thursday - March 27, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by the SOUTH CAROLINA VOCATIONAL REHABILITATION ASSOCIATION
(Accepted--March 12, 2008)

Tuesday - April 1, 2008 - 6:00-8:00 pm:
Members of the Senate, Reception, Clarion Town House, by the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS
(Accepted--March 12, 2008)

Tuesday - April 1, 2008 - 8:00-10:00 pm:
Members of the Senate, Reception, Columbia Convention Center, by the SC CHAMBER OF COMMERCE-SALUTE TO SMALL BUSINESS
(Accepted--March 12, 2008)


Printed Page 1652 . . . . . Wednesday, March 26, 2008

Wednesday - April 2, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by PREVENT CHILD ABUSE SOUTH CAROLINA
(Accepted--March 12, 2008)

Wednesday - April 2, 2008 - 12:00-2:00 pm:
Members of the Senate and staff, Lunch, Room 112 of the Blatt Building, by the SCHOOL NUTRITION ASSOCIATION OF SOUTH CAROLINA
(Accepted--March 12, 2008)

Wednesday - April 2, 2008 - 6:00-8:00 pm:
Members of the Senate and staff, Reception, City Art Gallery-1224 Lincoln Street, by SUMTER COUNTY DAY
(Accepted--March 12, 2008)

Thursday - April 3, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by the SC AVIATION ASSOCIATION
(Accepted--March 12, 2008)

Tuesday - April 8, 2008 - 12:30-2:00 pm:
Members of the Senate and staff, Lunch, State House Grounds, by STATE FARM
(Accepted--March 12, 2008)

Tuesday - April 8, 2008 - 6:30-10:00 pm:
Members of the Senate, spouses or guests, Reception, Cantey Building on the State Fair Grounds, by THE CITADEL ALUMNI ASSOCIATION
(Accepted--March 12, 2008)

Wednesday - April 9, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by ZETA PHI BETA, INC.
(Accepted--March 12, 2008)

Wednesday - April 9, 2008 - 12:30-2:00 pm:
Members of the Senate and staff, Lunch, Williams Brice Stadium, by THE UNIVERSITY OF SOUTH CAROLINA
(Accepted--March 12, 2008)


Printed Page 1653 . . . . . Wednesday, March 26, 2008

Wednesday - April 9, 2008 - 6:00-8:00 pm:
Members of the Senate, Reception, The Coop-1100 Key Road, by the CONGRESSIONAL SPORTSMAN FOUNDATION
(Accepted--March 12, 2008)

Wednesday - April 9, 2008 - 8:00-10:00 pm:
Members of the Senate and staff, Reception, Clarion, by the COLLEGE OF CHARLESTON BOARD OF TRUSTEES
(Accepted--March 12, 2008)

Thursday - April 10, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by the SC HOME EDUCATORS ASSOCIATION
(Accepted--March 12, 2008)

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 11 (Word version) -- Senators Hayes, Vaughn, Richardson, Mescher and Fair: A BILL TO AMEND SECTION 8-13-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, TO CLARIFY THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS REQUIRED TO REPORT THE SOURCE OF ANY GIFTS, INCLUDING TRANSPORTATION, LODGING, FOOD, ENTERTAINMENT, OR ANYTHING OF VALUE WORTH TWENTY-FIVE DOLLARS OR MORE IN A DAY OR WORTH TWO HUNDRED DOLLARS OR MORE IN THE AGGREGATE IN A CALENDAR YEAR; AND TO AMEND SECTION 8-13-1302, RELATING TO A CANDIDATE'S MAINTENANCE OF RECORDS OF CONTRIBUTIONS, CONTRIBUTORS, AND EXPENDITURES, TO DELETE THE REQUIREMENT THAT THE CANDIDATE MUST MAINTAIN AND PRESERVE AN ACCOUNT OF THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 252 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF


Printed Page 1654 . . . . . Wednesday, March 26, 2008

PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT; TO PROVIDE THAT PARTIES MAY ENTER INTO A CONSENT ORDER FOR CONTINUED SUPPORT CONTRARY TO THIS SECTION; AND TO FURTHER PROVIDE THAT A PERSON MAY PETITION FOR RELIEF FROM AN ORDER TO PAY ALIMONY OR SPOUSAL SUPPORT IF THE ORDER REINSTATED ALIMONY OR SPOUSAL SUPPORT TO A FORMER SPOUSE WHOSE REMARRIAGE WAS LATER ANNULLED.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.

Ordered for consideration tomorrow.


Printed Page 1655 . . . . . Wednesday, March 26, 2008

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 718 (Word version) -- Senators McConnell and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT EQUALS THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR INCREASED BY THE TOTAL PERCENTAGE OF INCREASES IN STATE PERSONAL INCOME AND STATE POPULATION IN THE MOST RECENT YEAR FOR WHICH THIS INFORMATION IS AVAILABLE AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THIS LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND THE METHOD OF AND SOURCES FOR CALCULATING THE LIMIT.

S. 718--Committed to the Committee on Finance

On motion of Senator McCONNELL, with unanimous consent, the Judiciary committee report was ordered committed to the Committee on Finance.
There was no objection.

The Bill was committed to the Committee on Finance.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 882 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY


Printed Page 1656 . . . . . Wednesday, March 26, 2008

MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER; AND TO ADD SECTION 40-15-176 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND ISSUANCE OF RESTRICTED PUBLIC HEALTH DENTAL LICENSES FOR OUT-OF-STATE LICENSED DENTISTS WHO WORK IN A GOVERNMENT OR ELEEMOSYNARY ENTITY TO PROVIDE DENTAL CARE TO UNDERSERVED RESIDENTS OF THIS STATE; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSEE IF THE LICENSEE CEASES TO BE EMPLOYED BY A SPECIFIED PROGRAM; TO REQUIRE SUCH LICENSES TO BE RENEWED ANNUALLY; AND TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THIS CHAPTER OR REGULATIONS PROMULGATED UNDER THIS CHAPTER.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

S. 913 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ELECTION BALLOTS, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR MUST PROVIDE


Printed Page 1657 . . . . . Wednesday, March 26, 2008

FOR BALLOTS AS REQUIRED BY LAW AND TO DELETE OBSOLETE LANGUAGE.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 914 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DAY BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 916 (Word version) -- Senators Martin, Sheheen and Elliott: A BILL TO AMEND SECTION 7-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT THE BOARD MEET AND ORGANIZE BY NO LATER THAN THE FRIDAY FOLLOWING THE ELECTION INSTEAD OF ON THE FRIDAY FOLLOWING THE ELECTION TO PROVIDE FOR FLEXIBILITY IN COMPLYING WITH THE REQUIREMENT.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION


Printed Page 1658 . . . . . Wednesday, March 26, 2008

LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1011 (Word version) -- Senators Jackson, Leatherman, Patterson, Ford, Hutto, Short, Fair, Matthews, Elliott, Setzler, Lourie, Campbell, Williams, Reese, Hayes and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-25 SO AS TO ESTABLISH THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY ISSUES RELATING TO CHILDREN AS IT MAY UNDERTAKE OR AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable report on:

S. 1069 (Word version) -- Senators Rankin, Scott, Elliott, Hawkins, Campbell, Cleary, Land and Malloy: A BILL TO AMEND SECTION 61-6-4160,


Printed Page 1659 . . . . . Wednesday, March 26, 2008

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON SUNDAY SALES OF ALCOHOLIC LIQUORS AND STATEWIDE ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

S. 1094 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1339 SO AS TO PROHIBIT A POLITICAL ACTION COMMITTEE ORGANIZED BY OR ON BEHALF OF CERTAIN STATEWIDE OFFICIALS; AND TO AMEND SECTION 8-13-1340 OF THE 1976 CODE, SO AS TO DELETE REFERENCES TO A COMMITTEE ORGANIZED DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE OR PUBLIC OFFICIAL.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED


Printed Page 1660 . . . . . Wednesday, March 26, 2008

PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 1171 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 12-37-900 OF THE 1976 CODE, RELATING TO THE LISTING AND RETURNING OF PERSONAL PROPERTY, TO PROVIDE THAT A MANUFACTURER IS NOT REQUIRED TO LIST OR RETURN PERSONAL PROPERTY FOR AD VALOREM TAX PURPOSES IF THE PROPERTY REMAINS IN THIS STATE BUT HAS NOT BEEN USED IN OPERATIONS FOR THE ENTIRE REPORTING PERIOD OF THE MANUFACTURER.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1220 (Word version) -- Senators McConnell, Gregory, Ford, Martin, Ritchie, Sheheen, Lourie and Campbell: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES AND DEFINE EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION


Printed Page 1661 . . . . . Wednesday, March 26, 2008

FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

S. 1220--Committed to the Committee on Finance

On motion of Senator McCONNELL, with unanimous consent, the Judiciary Committee report was ordered committed to the Committee on Finance.
There was no objection.

The Bill was committed to the Committee on Finance.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:

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


Printed Page 1662 . . . . . Wednesday, March 26, 2008

GAME SHALL BE SUBJECT ONLY TO SUCH REGULATIONS AND RESTRICTIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE BY GENERAL LAW.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 26, 2008

Mr. President and Senators:

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

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 26, 2008

Mr. President and Senators:

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

H. 3219 (Word version) -- Reps. Harrison, Cotty and McLeod: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A


Printed Page 1663 . . . . . Wednesday, March 26, 2008

CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 26, 2008

Mr. President and Senators:

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

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

Received as information.

Message from the House

Columbia, S.C., March 26, 2008

Mr. President and Senators:

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

H. 4681 (Word version) -- Reps. Knight, Hutson, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE


Printed Page 1664 . . . . . Wednesday, March 26, 2008

DEPARTMENT OF TRANSPORTATION REMOVE THE SIGNS THAT CONTAIN THE WORDS "THE MINUS BRIDGE" THAT WERE ERECTED AT THE BRIDGE THAT CROSSES FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY PURSUANT TO H. 5232 OF 2004, AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS 'MUCKENFUSS (1792 - 1813) MINUS (1813 - 1848) HARLEY (1848 - 1862) BRIDGE'.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 26, 2008

Mr. President and Senators:

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

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

Received as information.

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

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:


Printed Page 1665 . . . . . Wednesday, March 26, 2008

S. 905 (Word version) -- Senators Campsen, Elliott, Cromer, Ceips and Bryant: A BILL TO ENACT THE "BEACHFRONT FINANCE ACT" BY AMENDING CHAPTER 1, TITLE 6 OF THE 1976 CODE, BY ADDING SECTION 6-1-580, RELATING TO THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-15, RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-20(B), RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT THE STATE TREASURER SHALL NOT WITHHOLD ACCOMMODATION TAX FUNDS FROM A LOCAL GOVERNMENT THAT COLLECTS FOUR HUNDRED THOUSAND DOLLARS OR MORE IF THE LOCAL GOVERNMENT HAS WITHIN ITS BOUNDARIES A BEACH THAT IS RANKED AMONG THE MOST AT-RISK BEACHES IN THE STATE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, TO PROVIDE THAT A LOCAL GOVERNMENT WITH ONE OF THE MOST AT-RISK BEACHES WITHIN ITS BOUNDARIES MAY ISSUE A BEACH RENOURISHMENT BOND OR MAY USE THE FUNDS RETAINED FOR THE PURPOSE OF CONTROLLING OR REPAIRING WATERFRONT EROSION, AND BY AMENDING CHAPTER 40 OF TITLE 48, RELATING TO THE BEACH RESTORATION AND IMPROVEMENT TRUST ACT, BY ADDING SECTION 48-40-70, TO REQUIRE THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT TO RANK THE MOST AT-RISK BEACHES IN THE STATE IN ITS ANNUAL STATE OF THE BEACHES REPORT.

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.


Printed Page 1666 . . . . . Wednesday, March 26, 2008

READ THE SECOND TIME

S. 1229 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.

S. 1229--Ordered to a Third Reading

On motion of Senator LEVENTIS, S. 1229 was ordered to receive a third reading on Thursday, March 27, 2008.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1122 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.

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

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20601SD08), which was adopted:

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

/   SECTION   1. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-1755.   It is not unlawful to sell the individual feathers of lawfully taken wild turkeys provided this does not authorize the sale of beards or capes defined as the connected feathers of the turkey along the back or fans defined as the entire tail feathers."   /

Renumber sections to conform.

Amend title to conform.


Printed Page 1667 . . . . . Wednesday, March 26, 2008

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.

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

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20600SD08), which was adopted:

Amend the bill, as and if amended, by striking subsection (C) of Section 50-13-1630 of the 1976 Code as contained in SECTION 1, and inserting:

/   (C)(1)   The department may issue special permits for the stocking of nonreproducing sterile white amur or grass carp hybrids in the waters of this State. The special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile. The department may charge a fee of one dollar for each white amur or grass carp hybrid that measures five inches or longer or twenty-five cents for each white amur or grass carp hybrid that measures less than five inches. The fee collected for


Printed Page 1668 . . . . . Wednesday, March 26, 2008

sterility testing must be retained by the department and used to offset the costs of the testing.

(2)   The department is authorized to promulgate regulations to establish a fee schedule to replace the fee schedule contained in item
(1) of this subsection. Upon these regulations taking effect, the fee schedule contained in item (1) of this subsection no longer applies./

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

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

ADOPTED

S. 1223 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION RECOGNIZING THE DILIGENT EFFORTS OF HOME SCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, EXPRESSING SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN, AND DECLARING APRIL 2008, HOME SCHOOL RECOGNITION MONTH.

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

H. 4842 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MANY OUTSTANDING HOME BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS IN OUR STATE BY DECLARING WEDNESDAY, MARCH 26, 2008, SOUTH CAROLINA HOME BUILDER DAY.

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

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW


Printed Page 1669 . . . . . Wednesday, March 26, 2008

ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.

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


Printed Page 1670 . . . . . Wednesday, March 26, 2008

The Committee on Fish, Game and Forestry proposed the following amendment (20599SD08), which was adopted:

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

/SECTION   1.   Section 50-21-80 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-21-80.   Any person employed or elected by this State or political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including, but not limited to, members of the sheriff's departments, state police, enforcement officers, or deputies, or other qualified persons, upon recommendation of the appropriate agency, may, upon recommendation of the appropriate agency, be empowered to enforce the provisions of this chapter. The department shall be the agency primarily responsible for enforcement of this chapter and rules and regulations issued thereunder all laws pertaining to boating. Any such person shall also have the authority to stop and board any vessel subject to the provisions of this chapter or to any rule or regulation for the purpose of inspection or determining compliance with the provisions of this chapter and is empowered to issue a summons for appearance in court or before a magistrate or make arrest for violations of this chapter or of the rules and regulations prescribed thereunder under it. Every vessel subject to this chapter if underway and upon being hailed by a designated law-enforcement officer shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come aboard."

SECTION   2.   Section 50-21-130(A), (C), and (D) of the 1976 Code, as last amended by Act 124 of 1999, is further amended to read:

"(A)   It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, if he can do so without serious danger to his own vessel, crew, or passengers, and guests, to render assistance as may be practical or necessary to persons affected by the collision, accident, or other casualty including personal injury or property damage and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A person who fails to stop or to comply with the requirements of this section, is guilty of:

(1)   a misdemeanor, when personal injury or property damage results but great bodily injury or death does not result; and, upon conviction, must be imprisoned not less than thirty days nor more than


Printed Page 1671 . . . . . Wednesday, March 26, 2008

one year or fined not less than one hundred dollars nor more than five thousand dollars, or both;

(2)   a felony when great bodily injury results and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars; or

(3)   a felony when death results and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars.

(C)   In the case of a reportable accident, the operator or owner of any vessel involved shall file a full description of the accident with the department, including any information the department may require. If the operator or owner is incapable of making the report, the investigating officer shall submit the report and provide any information the department may require when requested as part of the investigation. In addition, the operator and owner shall file a full description of the accident with the department within forty-eight hours of the accident. The owner or operator of a watercraft involved must furnish his name, address, and identification of his watercraft in writing to any person injured or the owner of any property damaged in the accident as soon as possible after the collision. In the event an accident results in death, loss of consciousness or serious bodily injury, the owner or operator immediately shall notify the department.

(D)   The accident report shall must be without prejudice, shall and must be for the information of the department., and shall not be open to public inspection. Provided, however, the report shall be made available to any person injured or damaged or to any person alleged to have caused injury or damage in the accident, or to his attorney. The fact that such report has been made shall be admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil trial. An insured may not be reimbursed for property lost until he files a report in compliance with this section. However, a person alleged to have sustained injury or property damage or alleged to have caused injury or property damage, their attorney, personal representative, or an insurer may obtain a copy of the report. The fact the report has been made is admissible solely to show compliance with this section, but no report or any part or statement contained in the report is admissible as evidence in a civil trial. An insured alleged to be responsible for the accident cannot be


Printed Page 1672 . . . . . Wednesday, March 26, 2008

reimbursed for property damages until the report is filed in compliance with this section."

SECTION   3.   Section 50-21-175 of the 1976 Code, as last amended by Act 342 of 2002, is further amended by adding:

"(D)   Notwithstanding any other provision of law, the magistrates court retains jurisdiction for violations of this section."

SECTION   4.   Chapter 21, Title 50 of the 1976 Code is amended by adding:

"Section 50-21-190.   (A)   It is unlawful to abandon a watercraft or outboard motor on the public lands or waters of this State or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the persons onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft.

(B)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned up to thirty days or both. In addition, the owner must remove the abandoned watercraft within fourteen days of conviction. The magistrates and municipal courts are vested with jurisdiction for cases arising under this section.

(C)   An abandoned watercraft must be removed at the risk and expense of the owner."

SECTION   5.   Section 50-21-710 of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:

"Section 50-21-710.   (A)   As used in this section:

(1)   'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.

(2)   'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation, and any activity, object, or construction in the waters of the State.

(B)   The department may promulgate regulations for the uniform marking of the waters of the State and may regulate the operation of all vessels, watercraft, and water devices through the placement of aids to


Printed Page 1673 . . . . . Wednesday, March 26, 2008

navigation and regulatory markers. The regulations shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard or its successor agency. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.

(C)   The operation of any vessel, watercraft, or water device within a prohibited area is negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.

(D)   It shall be unlawful for a person to operate a vessel, watercraft, or water device on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.

(E)   No person may moor or fasten a vessel, watercraft, or water device to or wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.

(F)   All no wake zones heretofore established are considered established pursuant to the authority of this section.

(G)   A person who violates a provision of this section or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in this chapter."

SECTION   6.   Sections 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, and 50-21-149 of the 1976 Code are repealed.

SECTION   7.   This act takes effect six months after approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

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


Printed Page 1674 . . . . . Wednesday, March 26, 2008

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
AMENDED, READ THE SECOND TIME
RETURNED TO THE STATUS OF SPECIAL ORDER

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

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

Senator HUTTO spoke on the Bill.

Amendment No. P1-A

Senator CAMPSEN proposed the following Amendment P1-A (JUD0490.012), which was adopted:

Amend the committee report, as and if amended, page [490-1], after line 24, by adding:

/   Amend the bill, as and if amended, page 1, by striking lines 28-31 and inserting:

//     (1)   The the court finds that the agency acted without substantial justification, in law and fact, in pressing its claim against the party; and

(2)   The the court finds that there are no special circumstances that would make the award of attorney's fees unjust.


Printed Page 1675 . . . . . Wednesday, March 26, 2008

The agency is presumed to be substantially justified in pressing its claim against the party if the agency follows the mandate of state law that has not been invalidated by a court of competent jurisdiction.// /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Amendment No. P2

Senator HUTTO proposed the following Amendment No. P2 (JUD0490.006), which was adopted:

Amend the committee report, as and if amended, page [490-1], by striking line 31 and inserting:

/   party was contracted to pay counsel for work on the litigation. The provisions of this subsection do not apply to an attorney's fees award paid to an attorney representing a landowner in a condemnation proceeding as provided for in Sections 28-2-510 or 57-5-320.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. P3

Senator HUTTO proposed the following Amendment No. P3 (JUD0490.009), which was adopted:

Amend the committee report, as and if amended, page [490-1], by striking lines 27-31 and inserting:

/   (B)   Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:

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

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.


Printed Page 1676 . . . . . Wednesday, March 26, 2008

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

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. P4

Senator MALLOY proposed the following Amendment No. P4 (JUD0490.011) which was ruled out of order:

Amend the committee report, as and if amended, page [490-1], after line 31, by adding:

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

//   SECTION   ____.   Title 15 of the 1976 Code is amended by adding:

  "Chapter 85

South Carolina False Claims Act

Section 15-85-10.   This chapter may be cited as the 'South Carolina False Claims Act'.

Section 15-85-20.   As used in this chapter, the term:

(1)   'Attorney General' means the South Carolina Attorney General, any of his Assistant Attorneys General, or any employee, investigator, or auditor employed by the Attorney General.

(2)   'Documentary material' includes the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret data compilations, and other products of discovery.

(3)   'Guard' means the South Carolina National Guard.

(4)   'Investigation' means an inquiry conducted by an investigator for the purpose of ascertaining whether a person is or has been engaged in a violation of this act.

(5)   'Investigator' means a person who is charged by the Attorney General with the duty of conducting an investigation pursuant to this act, or an officer or employee of the State acting pursuant to the direction and supervision of the Attorney General with an investigation.


Printed Page 1677 . . . . . Wednesday, March 26, 2008

(6)   'Medicaid Fraud Control Unit' means the South Carolina Medicaid Fraud Control Unit certified pursuant to federal law.

(7)   'Proceeds' of the action or settlement means the damages derived from the action or settlement and shall not include fines, penalties, costs, expenses, attorney's fees, or other recoveries.

(8)   'Person' means any natural person, corporation, joint venture, partnership, unincorporated association, or any other legal entity.

(9)   'Product of discovery' includes:

(a)   the original or duplicate of a deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by a method of discovery in a judicial or administrative proceeding of an adversarial nature;

(b)   a digest, analysis, selection, compilation, or derivation of an item listed in item (a); and

(c)   an index or other manner of access to an item listed in item (a).

(10)   'Relator' means a person who brings a civil action pursuant to this chapter.

(11)   'State' means the State of South Carolina.

Section 15-85-30.   (A)   As used in this section, the terms:

(1)   'knowing' and 'knowingly' mean, with respect to information, that a person:

(a)   has actual knowledge of the information;

(b)   acts in deliberate ignorance of the truth or falsity of the information; or

(c)   acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required;

(2)   'claim' includes a request or demand, whether pursuant to a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the State provides a portion of the money or property which is requested or demanded, or if the State will reimburse a contractor, grantee, or other recipient for a portion of the money or property which is requested or demanded.

(B)   Notwithstanding another provision of law, a person who:

(1)   knowingly presents, or knowingly causes to be presented, to an officer or employee of the State or a member of the guard a false or fraudulent claim for payment or approval;

(2)   knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the State;


Printed Page 1678 . . . . . Wednesday, March 26, 2008

(3)   conspires to defraud the State by getting a false or fraudulent claim allowed or paid;

(4)   has possession, custody, or control of property or money used, or to be used, by the State and, intending to defraud the State or wilfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate or receipt;

(5)   is authorized to make or deliver a document certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(6)   knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the State, or a member of the guard, who lawfully may not sell or pledge the property; or

(7)   knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the State, is liable to the State for a civil penalty of not less than five thousand five hundred dollars and not more than eleven thousand dollars, plus three times the amount of damages which the State sustains because of the act of that person. A person who violates the provisions of this subsection is also liable to the State for the costs of a civil action brought to recover a penalty or damages.

(C)   The provisions of this section do not apply to claims, records, or statements made pursuant to the South Carolina Income Tax Act.

Section 15-85-40.   (A)   The Attorney General shall diligently investigate a civil violation pursuant to Section 15-85-30. If the Attorney General finds that a person has violated or is violating the provisions of Section 15-85-30, the Attorney General may bring a civil action pursuant to this section against the person. An action brought under this section shall be filed in Richland County.

(B)   For an action by a private person:

(1)   A person may bring a civil action for a violation of Section 15-85-30 for the person and for the State. The action must be brought in the name of the State. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. An action brought under this section shall be filed in Richland County.

(2)   A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses


Printed Page 1679 . . . . . Wednesday, March 26, 2008

must be served on the State. The complaint and all attachments must be filed in camera, must remain under seal for at least sixty days, and may not be served on the defendant until the court orders it served. The State may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.

(3)   The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal pursuant to item (2). The motions may be supported by affidavits or other submissions in camera. The defendant may not be required to respond to a complaint filed pursuant to this section until thirty days after the complaint is unsealed and served on the defendant.

(4)   Before the expiration of the sixty-day period or an extension obtained pursuant to item (3), the State shall:

(a)   proceed with the action, in which case the action must be conducted by the State, or

(b)   notify the court that it declines to take over the action, and the person bringing the action has the right to conduct the action.

(5)   When a person brings an action pursuant to this subsection, no person other than the State may intervene or bring a separate, related action based on the facts underlying the pending action.

(C)   In Qui Tam actions:

(1)   If the State proceeds with the action, it has the primary responsibility for prosecuting the action, and is not bound by an act of the person bringing the action. The person has the right to continue as a party to the action, subject to the limitations provided in item (2).

(2)(a)   The State may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.

(b)   The State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, a hearing may be held in camera.

(c)   Upon a showing by the State that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation including, but not limited to:


Printed Page 1680 . . . . . Wednesday, March 26, 2008

(i)     limiting the number of witnesses the person may call;

(ii)   limiting the length of the testimony of the witnesses;

(iii)   limiting the person's cross-examination of witnesses; or

(iv)   otherwise limiting the participation by the person in the litigation.

(d)   Upon an adequate showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.

(3)   If the State elects not to proceed with the action, the person who initiated the action has the right to conduct the action. If the State requests, it must be served with copies of all pleadings filed in the action and must be supplied with copies of all deposition transcripts at the state's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may permit the State to intervene at a later date upon a showing of good cause.

(4)   Whether or not the State proceeds with the action, upon a showing by the State that certain actions of discovery by the person initiating the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. This showing must be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the State pursued the criminal or civil investigation or proceedings with reasonable diligence and proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.

(5)   Notwithstanding the provisions of subsection (B), the State may elect to pursue its claim through an alternate remedy available to the State, including an administrative proceeding to determine a civil money penalty. If an alternate remedy is pursued in another proceeding, the person initiating the action has the same rights in the proceeding as the person would have had if the action had continued pursuant to the provisions of this section. A finding of fact or conclusion of law made in another proceeding that has become final is conclusive on all parties to an action pursuant to the provisions of this section. A finding or conclusion is final pursuant to the provisions of this section if it has been finally determined on appeal to the appropriate court, if all time for filing an appeal with respect to the


Printed Page 1681 . . . . . Wednesday, March 26, 2008

finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

(D)   In an award to a Qui Tam plaintiff:

(1)   If the State proceeds with an action brought by a person pursuant to subsection (B), the person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action and subject to the limitations of this item. When the action is one the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Legislative Audit Council's report, hearing, audit, or investigation, or from the news media the court may award such sums as it considers appropriate, but in no case more than fifteen percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Payment to a person pursuant to the provisions of this item must be made from the proceeds. This person also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The State also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred by the Attorney General, including reasonable attorney's fees and costs, which shall be paid directly to the Attorney General. All expenses, fees, and costs must be awarded against the defendant.

(2)   If the State does not proceed with an action pursuant to this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount may not be less than twenty-five percent and not more than forty percent of the proceeds of the action or settlement and must be paid out of the proceeds. The person also shall receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All expenses, fees, and costs must be awarded against the defendant.

(3)   Whether or not the State proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 15-85-30 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would


Printed Page 1682 . . . . . Wednesday, March 26, 2008

otherwise receive pursuant to subsection (D)(1) or (2), taking into account the role of that person in advancing the case to litigation and relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his role in the violation of Section 15-85-30, that person must be dismissed from the civil action and shall not receive a share of the proceeds of the action. A dismissal does not prejudice the right of the State or other relators to continue the action.

(4)   If the State does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorney's fees and expenses if the defendant prevails in the action and the court finds by clear and convincing evidence that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.

(E)(1)   A court does not have jurisdiction over an action brought by a former or present member of the guard pursuant to subsection (B) against a member of the guard arising out of the person's service in the guard.

(2)   A court does not have jurisdiction over an action brought pursuant to subsection (B) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the State when the action was brought. 'Exempt official' means the following officials in state service: directors of state agencies, the Adjutant General, the Assistant Adjutant General, members of state boards and commissions, and all other positions appointed by the Governor by and with the consent of the Senate.

(3)   A person may not bring an action pursuant to subsection (B) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.

(4)   A court does not have jurisdiction over an action pursuant to this section based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Legislative Audit Council's report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. 'Original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily


Printed Page 1683 . . . . . Wednesday, March 26, 2008

provided the information to the State before filing an action pursuant to this section which is based on the information.

(F)   The State is not liable for expenses which a person incurs in bringing an action pursuant to this section.

(G)   An employee who is discharged, demoted, suspended, threatened, harassed, or in another manner discriminated against in the terms and conditions of employment by his employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action pursuant to this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed pursuant to this section, is entitled to all relief necessary to make the employee whole. Relief includes reinstatement with the seniority status the employee would have had but for the discrimination; double the amounts of back pay, interest on the back pay, and compensation for special damages sustained as a result of the discrimination including litigation costs; and reasonable attorney's fees. An employee may bring an action in the appropriate circuit court for the relief provided in this subsection.

Section 15-85-50.   (A)   A subpoena requiring the attendance of a witness at a trial or hearing conducted pursuant to Section 15-85-40 may be served at any place in the State.

(B)   A civil action pursuant to Section 15-85-40 may not be brought the latter of:

(1)   more than ten years after the date on which the violation of Section 15-85-30 is committed; or

(2)   more than six years after the date when facts material to the right of action are known or reasonably should have been known by the official of the State charged with responsibility to act in the circumstances, but in no event more than fifteen years after the date on which the violation is committed.

(C)   In an action brought pursuant to Section 15-85-40, the State is required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(D)   Notwithstanding another provision of law, a final judgment rendered in favor of the State in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, estops the defendant from denying the essential elements of the offense in an action which involves the same transaction as in the criminal proceeding and which is brought pursuant to Section 15-85-40(A) or (B).


Printed Page 1684 . . . . . Wednesday, March 26, 2008

Section 15-85-60.   (A)   Whenever the Attorney General has reason to believe that a person may be in possession, custody, or control of documentary material or information relevant to an investigation, the Attorney General, before commencing a civil proceeding pursuant to this chapter, may issue in writing and cause to be served upon a person, a civil investigative demand requiring the person to:

(1)   produce documentary material for inspection and copying;

(2)   answer, in writing, written interrogatories with respect to documentary material or information;

(3)   give oral testimony concerning documentary material or information; or

(4)   furnish a combination of material, answers, or testimony.

(B)   When a civil investigative demand is an express demand for a product of discovery, the Attorney General shall cause to be served, in a manner authorized by this section, a copy of the demand upon the person from whom the discovery was obtained and shall notify the person to whom the demand is issued of the date on which the copy was served.

(C)   Each civil investigative demand issued pursuant to subsection (A) must state the nature of the conduct constituting an alleged violation, which is under investigation, and the applicable provision of law alleged to be violated.

(D)   If the demand is for the production of documentary material, the demand must:

(1)   describe each class of documentary material to be produced with such definiteness and certainty as to permit the material to be fairly identified;

(2)   prescribe a return date for each class which will provide a reasonable period of time within which the material demanded may be assembled and made available for inspection and copying; and

(3)   identify the investigator to whom the material must be made available.

(E)   If the demand is for answers to written interrogatories, the demand must:

(1)   list with specificity the written interrogatories to be answered;

(2)   prescribe dates at which time answers to written interrogatories must be submitted; and

(3)   identify the investigator to whom the answers must be submitted.

(F)   If the demand is for the giving of oral testimony, the demand must:


Printed Page 1685 . . . . . Wednesday, March 26, 2008

(1)   prescribe a date, time, and place at which oral testimony must be commenced;

(2)   identify an investigator who shall conduct the examination and identify the custodian to whom the transcript of the examination must be submitted;

(3)   specify that the attendance and testimony are necessary to the conduct of the investigation;

(4)   notify the person receiving the demand of the right to be accompanied by an attorney and another representative; and

(5)   describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand.

(G)   A civil investigative demand issued pursuant to this section which is an express demand for a product of discovery may not be returned or returnable until twenty days after a copy of the demand is served upon the person from whom the discovery was obtained.

(H)   The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued pursuant to this section must be a date which is not less than seven days after the date on which the demand is received, unless the Attorney General determines that exceptional circumstances are present which warrant the commencement of the testimony within a lesser period of time.

(I)   The Attorney General shall not authorize the issuance pursuant to this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary.

(J)   A civil investigative demand issued under subsection (A) may not require the production of documentary material, the submission of answers to written interrogatories, or the giving of oral testimony if the material, answers, or testimony would be protected from disclosure pursuant to the standards applicable to:

(1)   subpoenas or subpoenas duces tecum issued by a court of this State to aid in grand jury investigations; or

(2)   discovery requests pursuant to the Rules of Civil Procedure, to the extent that the application of these standards to a demand is appropriate and consistent with the provisions and purposes of this section.

(K)   Except as provided in this section, a demand which is an express demand for a product of discovery supersedes an inconsistent order, rule, or provision of law preventing or restraining disclosure of a


Printed Page 1686 . . . . . Wednesday, March 26, 2008

product of discovery to another person. Disclosure of a product of discovery pursuant to an express demand does not constitute a waiver of any right or privilege which the person making the disclosure may be entitled to invoke to resist discovery of trial preparation materials.

Section 15-85-70.   (A)(1)   A civil investigative demand issued pursuant to Section 15-85-60(A) may be served by an investigator, or by another person authorized to serve process on individuals within South Carolina.

(2)   A demand or petition filed pursuant to Section 15-85-120 may be served upon a person who is not found within South Carolina in a manner as the Rules of Civil Procedure and applicable statutory law prescribe for service of process outside South Carolina. To the extent that the courts of this State can assert jurisdiction over a person consistent with due process, the courts of this State have the same jurisdiction to take an action respecting compliance with this section by a person that the court would have if the person were personally within the jurisdiction of the court.

(B)   Service of a civil investigative demand issued pursuant to Section 15-85-60 or of a petition filed pursuant to Section 15-85-120 may be made upon a partnership, corporation, association, or other legal entity by:

(1)   delivering an executed copy of the demand or petition to a partner, executive officer, managing agent, general agent, or registered agent of the partnership, corporation, association, or entity;

(2)   delivering an executed copy of the demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or

(3)   depositing an executed copy of the demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to the partnership, corporation, association, or entity at its principal office or place of business.

(C)   Service of a demand or petition pursuant to Section 15-85-60, or filed pursuant to Section 15-85-120, may be made on a natural person by:

(1)   delivering an executed copy of the demand or petition to the person; or

(2)   depositing an executed copy of the demand or petition in the United States mail by registered or certified mail, with a return receipt requested, addressed to the person at the person's residence or principal office or place of business.


Printed Page 1687 . . . . . Wednesday, March 26, 2008

(D)   A verified return by the individual serving a civil investigative demand issued pursuant to Section 15-85-60 or a petition filed pursuant to Section 15-85-120 providing the manner of service is proof of service. In the case of service by registered or certified mail, the return is accompanied by the return post office receipt of delivery of the demand.

Section 15-85-80.   (A)   The production of documentary material in response to a civil investigative demand served pursuant to Section 15-85-60 must be made under a sworn certificate, in a form as the demand designates, by:

(1)   the person to whom the demand is directed in the case of a natural person; or

(2)   a person having knowledge of the facts and circumstances relating to the production and authorized to act on behalf of the person, in the case of a person other than a natural person.

(B)   The certificate must state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the investigator identified in the demand.

(C)   A person upon whom a civil investigative demand for the production of documentary material has been served pursuant to Section 15-85-60 shall make the material available for inspection and copying to the investigator identified in the demand at the principal place of business of the person, or at another place as the investigator and the person may agree and prescribe in writing, or as the court may direct pursuant to Section 15-85-120(A). The material must be made available on the return date specified in the demand, or on a later date as the investigator may prescribe in writing. The person, upon written agreement between the person and the investigator, may substitute copies for originals of all or any part of the material.

Section 15-85-90.   (A)   Each interrogatory in a civil investigative demand served pursuant to Section 15-85-60 must be answered separately and fully in writing under oath and must be submitted under a sworn certificate, in a form as the demand designates by:

(1)   the person to whom the demand is directed in the case of a natural person; or

(2)   the person or persons responsible for answering each interrogatory, in the case of a person other than a natural person.

(B)   If an interrogatory is objected to, the reasons for the objection must be stated in the certificate instead of an answer. The certificate must state that all information required by the demand and in the


Printed Page 1688 . . . . . Wednesday, March 26, 2008

possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that information is not furnished, the information must be identified and reasons provided with particularity regarding the reasons why the information was not furnished.

Section 15-85-100.   (A)   The examination of a person pursuant to a civil investigative demand for oral testimony served pursuant to Section 15-85-60 must be taken before an officer authorized to administer oaths and affirmations by the laws of the State or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness under oath or affirmation and, personally or by someone acting under the direction of the officer and in the officer's presence, shall record the testimony of the witness. The testimony must be taken stenographically and must be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection does not preclude the taking of testimony by another means authorized by, and in a manner consistent with, the Rules of Civil Procedure or other applicable statutory law.

(B)   The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and another representative of the person giving the testimony, the attorney for the State, a person who may be agreed upon by the attorney for the State, and the person giving the testimony, the officer before whom the testimony is to be taken, and a stenographer taking the testimony.

(C)   The oral testimony of a person taken pursuant to a civil investigative demand served pursuant to Section 15-85-60 must be taken in the county within which the person resides, is found, or transacts business, or in another place as may be agreed upon by the investigator conducting the examination and the person.

(D)   When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless the examination and reading are waived by the witness. Changes in form or substance which the witness desires to make must be entered and identified upon the transcript by the officer or the investigator, with a statement of the reasons given by the witness for making the changes. The transcript must then be signed by the witness, unless the witness in writing


Printed Page 1689 . . . . . Wednesday, March 26, 2008

waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days after being afforded a reasonable opportunity to examine it, the officer or investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons given.

(E)   The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian.

(F)   Upon payment of reasonable charges, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General may, for good cause, limit the witness to inspection of the official transcript of his testimony.

(G)   A person compelled to appear for oral testimony pursuant to a civil investigative demand issued pursuant to Section 15-85-60 may be accompanied, represented, and advised by counsel. Counsel may advise the person, in confidence, with respect to a question asked of the person. The person or counsel may object on the record to a question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that the person is entitled to refuse to answer the question on the grounds of a constitutional or other legal right or privilege, including the privilege against self-incrimination. If the person refuses to answer a question, a petition may be filed in circuit court pursuant to Section 15-85-120(A) for an order compelling the person to answer the question.

(H)   A person appearing for oral testimony pursuant to a civil investigative demand issued pursuant to Section 15-85-60 is entitled to the same fees and allowances which are paid to witnesses in the circuit court.

Section 15-85-110.   (A)   The Attorney General shall serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received pursuant to this chapter.

(B)   Except as otherwise provided in this section, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies of these, while in the possession of the custodian, are available for examination. The prohibition on the availability of material, answers, or transcripts does not apply if consent is given by the person who produced the material, answers, or transcripts, or, in the case of a


Printed Page 1690 . . . . . Wednesday, March 26, 2008

product of discovery produced pursuant to an express demand for the material, consent is given by the person from whom the discovery was obtained. Nothing in this subsection is intended to prevent disclosure to, at the discretion of the Attorney General, the General Assembly, including a committee or subcommittee of the General Assembly, or to another state agency for use by an agency in furtherance of its statutory responsibilities, or to another state Attorney General, or to a federal investigative entity, or to an appropriate investigative entity of another state. Disclosure of information to another entity is allowed only upon application, made by the Attorney General to a circuit court, showing substantial need for the use of the information by the agency in furtherance of its statutory responsibilities.

(C)   While in the possession of the Attorney General and under reasonable terms and conditions as the Attorney General shall prescribe:

(1)   documentary material and answers to interrogatories must be available for examination by the person who produced the material or answers, or by a representative for that person authorized by that person to examine the material and answers; and

(2)   transcripts of oral testimony must be available for examination by the person who produced the testimony, or by a representative of that person authorized by that person to examine the transcripts.

Section 15-85-120.   (A)   When a person fails to comply with a civil investigative demand issued pursuant to Section 15-85-60, or whenever satisfactory copying or reproduction of material requested in the demand cannot be done and the person refuses to surrender the material, the Attorney General may file, in the circuit court of a county in which the person resides, is found, or transacts business, and serve upon the person a petition for an order of the court for the enforcement of the civil investigative demand.

(B)   A person who has received a civil investigative demand issued pursuant to Section 15-85-60 may file, in the circuit court of a county within which the person resides, is found, or transacts business, and serve upon the investigator identified in the demand a petition for an order of the court to modify or set aside the demand. In the case of a petition addressed to an express demand for a product of discovery, a petition to modify or set aside the demand may be brought only in the circuit court of the county in which the proceeding in which discovery was obtained or was last pending. A petition pursuant to this subsection must be filed within:


Printed Page 1691 . . . . . Wednesday, March 26, 2008

(1)   twenty days after the date of service of the civil investigative demand, or at a time before the return date specified in the demand, whichever date is earlier; or

(2)   a longer period as may be prescribed in writing by an investigator identified in the demand.

(C)   The petition must specify each ground upon which the petitioner relies in seeking relief pursuant to subsection (B) and may be based upon failure of the demand to comply with the provisions of this chapter or upon a constitutional or other legal right or privilege of the person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with the portion of the demand not sought to be modified or set aside.

(D)   In the case of a civil investigative demand issued pursuant to Section 15-85-60 which is an express demand for a product of discovery, the person from whom discovery was obtained may file, in the circuit court of the county in which the proceeding in which discovery was obtained or was last pending, and serve upon an investigator identified in the demand and upon the recipient of the demand, a petition for an order of the court to modify or set aside those portions of the demand requiring production of a product of discovery. A petition pursuant to this subsection must be filed within:

(1)   twenty days after the date of service of the civil investigative demand, or at a time before the return date specified in the demand, whichever date is earlier; or

(2)   a longer period as may be prescribed in writing by an investigator identified in the demand.

(E)   The petition shall specify each ground upon which the petitioner relies in seeking relief upon subsection (D) and may be based upon failure of the portions of the demand from which relief is sought to comply with the provisions of this section or upon a constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed from compliance with the demand.

(F)   At a time during which a custodian is in custody or control of documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by a person in compliance with a civil investigative demand issued pursuant to Section 15-85-60, the person, and in the case of an express demand for a product of


Printed Page 1692 . . . . . Wednesday, March 26, 2008

discovery, the person from whom discovery was obtained, may file, in the circuit court of the county within which the office of the custodian is situated, and serve upon such custodian, a petition for an order of the court to require the performance by the custodian of a duty imposed upon the custodian by this chapter.

(G)   When a petition is filed in a circuit court pursuant to this section, the court has jurisdiction to hear and determine the matter so presented, and to enter orders as may be required to carry out the provisions of this section. A final order entered is subject to appeal in the same manner as appeals of other final orders in civil matters. A disobedience of a final order entered pursuant to this section by a court is punished as a contempt of the court.

(H)   Documentary material, answers to written interrogatories, or oral testimony provided pursuant to a civil investigative demand issued pursuant to Section 15-85-60 is exempt from disclosure under the South Carolina Administrative Procedures Act.

Section 15-85-130.   (A)   There is created the State False Claims Act Investigation and Prosecution Fund as a special fund in the State Treasury, to be administered by the Attorney General. All proceeds of an action or settlement of a claim brought pursuant to this chapter must be deposited in the fund.

(B)   Monies in the fund must be allocated as follows:

(1)   twenty-five percent of the monies must be retained by the Attorney General; and

(2)   the remaining seventy-five percent of the monies in the fund must be used for payment of awards, calculated on the full amount, to Qui Tam plaintiffs and as otherwise specified in this chapter.

(C)   The Attorney General shall make disbursements of funds as provided in court orders setting awards, fees, and expenses. The Attorney General shall transfer fund balances in excess of those required to the General Fund; however, fund balances related to the South Carolina Medicaid Program shall be transferred to the Department of Health and Human Services.

Section 15-85-140.   The Rules of Civil Procedure apply to all proceedings pursuant to this chapter, except when inconsistent with the provisions of this chapter."

SECTION   ____.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or


Printed Page 1693 . . . . . Wednesday, March 26, 2008

amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   ___.   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.

Senator MALLOY explained the amendment.

Point of Order

Senator MARTIN raised a Point of Order under Rule 24 that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator MALLOY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The Committee on Judiciary proposed the following amendment (JUD0490.004), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 32-33 and inserting the following:

/   (B)   Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable hourly rate. However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees the party was contracted to pay counsel for work on the litigation.     /

Renumber sections to conform.

Amend title to conform.


Printed Page 1694 . . . . . Wednesday, March 26, 2008

Amendment No. 1A

Senator MARTIN proposed the following Amendment 1A (JUD0490.010), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 33 and inserting:

/   limited to a reasonable hourly rate. However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees the party has contracted to pay counsel for work on the litigation.       /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Clerk's Conforming Amendment

The following is a Clerk's conforming amendment, incorporating all adopted amendments, which was adopted:

Senator MARTIN proposed the following amendment (JUD0490.013), which was adopted:

Amend the bill, as and if amended, by striking Section 15-77-300(B) in its entirety, and inserting:

/   (B)   Attorney's fees allowed pursuant to subsection (A) must be limited to a reasonable time expended at a reasonable rate. Factors to be applied in determining a reasonable rate include:

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

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.

The judge must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, in no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees the party has contracted to pay counsel for work on the litigation. The provisions of this


Printed Page 1695 . . . . . Wednesday, March 26, 2008

subsection do not apply to an attorney's fees award paid to an attorney representing a landowner in a condemnation proceeding as provided for in Sections 28-2-510 or 57-5-320.               /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

The Bill was returned to the status of Special Order.

COMMITTEE AMENDMENT AMENDED
AMENDMENT PROPOSED, DEBATE INTERRUPTED

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

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

Senator RITCHIE explained the Resolution.

Amendment No. P1

Senator McCONNELL proposed the following Amendment No. P1 (JUD1070.009), which was adopted:

Amend the committee report, as and if amended, page [1070-2], by striking line 43 and inserting:

/   the General Assembly. If a person is popularly elected to an office in this State or its political subdivisions by write-in ballot, the person must comply with testing for unlawful drugs as prescribed by law by the General Assembly prior to assuming office. /

Amend the committee report further, as and if amended, page [1070-3], by striking line 6 and inserting:

/   for office. A person popularly elected to office in this State or its political subdivisions by write-in ballot who either has not complied with or has a positive result from testing for unlawful drugs as


Printed Page 1696 . . . . . Wednesday, March 26, 2008

prescribed by law by the General Assembly is prohibited from assuming office.   /

Amend the committee report further, as and if amended, page [1070-3], by striking line 16 and inserting:

/   being a candidate or a person who is popularly elected by write-in vote from assuming office unless he complies with and successfully passes   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. P2

Senator HUTTO proposed the following Amendment No. P2 (JUD1070.010):

Amend the committee report, as and if amended, by striking the Committee Report in its entirety beginning on page [1070-1], line 24, and ending on page [1070-3], line 24, and inserting therein the following:

/   PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A REPUBLICAN CANDIDATE FOR A POPULARLY-ELECTED OFFICE IN THIS STATE.

Whereas, the Tenth Amendment to the United States Constitution allows the states to establish qualifications for candidates seeking state office; and

Whereas, the State of South Carolina has a demonstrated problem of drug use and abuse by a state official elected to office as a Republican candidate that has lead to a real, as opposed to a symbolic, special need to demonstrate to the citizens of the State that their officials will be fit to serve free from the influence of unlawful drugs; and

Whereas, the imposition of a candidate drug test to qualify as a Republican candidate does not diminish personal privacy for a symbol's sake, but to address an actual problem, as the General Assembly did in response to Operation Lost Trust; and

Whereas, through this joint resolution, the General Assembly seeks to restore public confidence and deter Republican candidates who seek


Printed Page 1697 . . . . . Wednesday, March 26, 2008

any elected office in the State from engaging in unlawful use of drugs, which is inconsistent with the highest standards of service and public trust that persons popularly-elected to serve in office in South Carolina must exemplify. Now therefore,

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

SECTION   1.   It is proposed that Article VI of the Constitution of this State be amended by adding:

"Section 10.   (A)   A person must not be popularly elected to an office in this State or its political subdivisions as a Republican candidate unless, at the time he files for the office, he has complied with testing for unlawful drugs as prescribed by law by the General Assembly.

(B)   A Republican candidate for elected office who either has not complied with or has a positive result from testing for unlawful drugs as prescribed by law by the General Assembly is prohibited from being a candidate for the office sought and his name must not be printed on the ballot or considered as a candidate for office.

(C)   The General Assembly shall prescribe by law for the drug testing program to comply with this section."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article VI of the Constitution of this State be amended by adding Section 10 so as to prohibit a person who offers for a popularly-elected office in this State as a Republican candidate from being a candidate unless he complies with and successfully passes a drug test for unlawful drugs as prescribed by law by the General Assembly?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.


Printed Page 1698 . . . . . Wednesday, March 26, 2008

Point of Quorum

At 3:58 P.M., Senator PATTERSON made the point that a quorum was not present.

It was ascertained that a quorum was not present.

Senator HUTTO moved that the Senate stand adjourned.

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

Ayes 8; Nays 29

AYES

Anderson                  Hutto                     Jackson
Land                      Leventis                  Matthews
Patterson                 Short

Total--8

NAYS

Alexander                 Bryant                    Campbell
Campsen                   Cleary                    Courson
Cromer                    Fair                      Gregory
Grooms                    Hawkins *                 Knotts
Leatherman                Lourie                    Malloy
Martin                    Massey                    McConnell
McGill                    O'Dell                    Peeler
Rankin                    Reese                     Ritchie
Ryberg *                  Setzler                   Thomas
Verdin                    Williams

Total--29

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Senator HUTTO resumed explaining the amendment.

With Senator HUTTO retaining the floor, debate was interrupted by adjournment.


Printed Page 1699 . . . . . Wednesday, March 26, 2008

S. 1070--Co-Sponsor Removed

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was removed as a co-sponsor of S. 1070.

EXECUTIVE SESSION

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

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

On motion of Senator McCONNELL, the Senate stood adjourned.

MOTION ADOPTED

On motion of Senators THOMAS and O'DELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jimmy Jones of Greenville, S.C.

ADJOURNMENT

At 4:34 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Monday, June 22, 2009 at 1:49 P.M.