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

Thursday, May 22, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

It is recorded that Samuel said to his people:

" 'Only fear the Lord, and serve him faithfully with all your heart; for consider what great things he has done for you'."     (I Samuel 12:24)
Let us pray:
Gracious Lord, we give You heartfelt praise today for these servants who strive to honor You. Continue, O God, to strengthen and encourage each of these members of this Senate as they represent the people of this State. Moreover, be with all of our other elected officials, those holding local, statewide and national offices, and likewise be with and keep safe our women and men in the Armed Forces, wherever they currently serve. In addition, this Memorial Day Weekend, dear God, we gratefully remember all who have honored You through the years by means of their service to this nation we love. What great things they have done. In Your blessed name we pray, O Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointment

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Michelle Branch Howard, 2364 Lang Road, Columbia, SC 29204 VICE Mildred W. McDuffie

Message from the House

Columbia, S.C., May 21, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.244, H. 3084 by a vote of 63 to 48:

(R244, H3084 (Word version)) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 21, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.239, S. 1039 by a vote of 100 to 2:

(R239, S1039 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT ENACT REGULATIONS OR ORDINANCES THAT REGULATE A LANDOWNER FROM DISCHARGING A FIREARM ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES TO PROTECT HIS FAMILY, EMPLOYEES, THE GENERAL PUBLIC, OR THE PROPERTY FROM ANIMALS POSING A DIRECT THREAT OR DANGER.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 21, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.249, H. 3543 by a vote of 106 to 5:

(R249, H3543 (Word version)) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R249, H3543 (Word version)) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.

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

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

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

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

Ayes 45; Nays 0

AYES

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

Total--45

NAYS

Total--0

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

Message from the House

Columbia, S.C., May 21, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.261, H. 4774 by a vote of 78 to 23:

(R261, H4774 (Word version)) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W.D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R261, H4774 (Word version)) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W.D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.

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

Senator O'DELL moved that the veto of the Governor be overridden.

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

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

Ayes 45; Nays 0

AYES

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

Total--45

NAYS

Total--0

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
May 21, 2008

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

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my signature S. 401, R-270.

(R270, S401 (Word version)) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.

The Bill amends the resident vendor preferences in the state procurement code by adding a seven percent preference for government contractors and subcontractors who employ South Carolina residents.

This Bill is well intentioned. There is nothing seemingly more unfair to South Carolina taxpayers than their government retaining services from an out-of-state firm while local firms are somehow disadvantaged in the reverse. Despite these good intentions, the effect of this Bill would be to create greater problems for both taxpayers and private firms down the road. Our thinking is as follows:

One, we do not believe it is the role of government to be in the businesses of picking winners and losers in the commercial marketplace. This Bill does. At some point, those of us who are Republicans need to start acting like Republicans who believe in the market, rather than erecting barriers that prevent whoever has the best price and best service to win business. Procurement, it would seem to us, ought to be about getting the best value in service and price for the money. If you go for other objectives, in time you end up with things as harmful to the economy as the price support system that has existed for years in sugar and some other agricultural products.

Two, on the same front, we believe it is the private sector's job to create jobs and government's job is to most efficiently offer its services to its people - rather than go into the jobs creation program by way of erecting barriers.

Three, this will make the cost of government more expensive by requiring the state to purchase goods and services at less than competitive rates. According to the Budget and Control Board's fiscal impact statement, this would mean the state could pay up to 10 percent more on some government contracts.

Today, the cost of government in South Carolina is 130 percent of the national average. Legislation like this, though popular in the political season, does nothing to reduce this cost to the average taxpayer. In that regard, some would say this legislation typifies the view that government can afford to remain inefficient and uncompetitive simply because it's the government.

This legislation only amplifies some of the poor fiscal decisions that have been made in the past few years. While times were good over the past four years, spending increased by 42 percent. Meanwhile, long-term liabilities in both the State Retirement System and the Other Post-Employment Benefits have climbed above $20 Billion - saddling future generations with the decisions made in Columbia today. Simply put, our children and grandchildren cannot afford any more politically popular ideas. The present legislation is especially troubling at a time when government will be bringing in less revenue than in recent years. As the Senate Finance Chairman surely knows - he is the Bill's sponsor - revenues are expected to drop for only the second time in fifty years. In the face of diminishing revenue, we should be looking for ways to cut the costs of government rather than inflate them. Finally, we also have doubts about the Bill's constitutionality. The Privileges and Immunities Clause of the United States Constitution prohibits the state from arbitrarily denying rights - including the right to do business - to out-of-state residents. This legislation appears to violate this clause by discriminating against out-of-state employers and employees by making them less competitive in providing goods and services through government contracts. This legislation is similar to the local government ordinances regarding employment practices of government contractors struck down by the U.S. Supreme Court in United Building & Construction Trades Council v. City of Camden. For these reasons, I am vetoing and returning without my signature S. 401, R-270. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R270, S401 (Word version)) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS. The veto of the Governor was taken up for immediate consideration. Senator O'DELL moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 45; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Total--45 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., May 21, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.256, H. 4520 by a vote of 92 to 10: (R256, H4520 (Word version)) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J.H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R256, H4520 (Word version)) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J.H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED. The veto of the Governor was taken up for immediate consideration. Senator O'DELL moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 45; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Total--45 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., May 21, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.252, H. 3816 by a vote of 78 to 26: (R252, H3816 (Word version)) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R252, H3816 (Word version)) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING. The veto of the Governor was taken up for immediate consideration. Senator CLEARY moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 45; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Total--45 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., May 21, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.263, H. 4844 by a vote of 1 to 0: (R263, H4844 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R263, H4844 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT. The veto of the Governor was taken up for immediate consideration. Senator ELLIOTT moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 45; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Total--45 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Leave of Absence At 12:40 P.M., Senator ANDERSON requested a leave of absence beginning at 1:00 P.M. today and lasting until 5:50 P.M. this evening. Motion Adopted On motion of Senator THOMAS, with unanimous consent, Senators CLEARY, RANKIN, ELLIOTT, LAND and McGILL were granted leave to attend a subcommittee meeting and be granted leave to vote from the balcony. RECALLED AND ADOPTED 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". Senator ELLIOTT asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation. The Concurrent Resolution was recalled from the Committee on Transportation. Senator ELLIOTT asked unanimous consent to take the Concurrent Resolution up for immediate consideration. There was no objection. The question then was the adoption of the Concurrent Resolution. The Concurrent Resolution was adopted, ordered returned to the House. RECALLED, AMENDED AND READ THE SECOND TIME H. 5090 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 7-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF CHESTERFIELD COUNTY, TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE ESTABLISHED BY THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION SUBJECT TO APPROVAL OF A MAJORITY OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION. Senator SHEHEEN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary. There was no objection and the Bill was recalled from the Committee on Judiciary. Senator SHEHEEN asked unanimous consent to take the Bill up for immediate consideration. There was no objection. Amendment No. 1 Senator SHEHEEN proposed the following Amendment No. 1 (DKA\3904DW08), which was adopted: Amend the bill, as and if amended, by striking subsection (A) as contained in Section 7-7-180, SECTION 1, and inserting: / (A) In Chesterfield County there are the following voting precincts: Angelus-Catarrh; Bay Springs; Black Creek; Brocks Mill; Cash; Cat Pond; Center Grove-Winzo; Center Point; Cheraw No. 1; Cheraw No. 2; Cheraw No. 3; Cheraw No. 4 Court House; Courthouse Cross Roads; Dudley-Mangum; Grants Mills; Grants Mill Jefferson; Middendorf; Mt. Crogan; Mt. Croghan McBee; Ousleydale; Pageland; Pageland No. 1 Pageland No. 2 Patrick; Pee Dee; Ruby; Shiloh; Snow Hill; Vaughn; Snow Hill-Vaughn Wesford; and White Oak. / Renumber sections to conform. Amend title to conform. Senator SHEHEEN explained the amendment. The amendment was adopted. There being no further amendments, the Bill was read the second time, passed and ordered to a third reading. INTRODUCTION OF BILLS AND RESOLUTIONS The following were introduced: S. 1400 (Word version) -- Senator Cromer: A SENATE RESOLUTION CONGRATULATING ANGELA HALFACRE ON HER RETIREMENT AND THANKING HER FOR HER DEDICATION AND COMMITMENT TO THE CHILDREN OF LEXINGTON DISTRICT 1 AND THE STATE OF SOUTH CAROLINA. l:\s-res\rwc\013half.dag.doc The Senate Resolution was adopted. S. 1401 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE EDWARD RAYMOND MOORE, SR. OF RICHLAND COUNTY UPON THE OCCASION OF HIS NINETY-SECOND BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF CONTINUED HEALTH AND HAPPINESS. l:\council\bills\gm\24269dw08.doc The Concurrent Resolution was adopted, ordered sent to the House. S. 1402 (Word version) -- Senators Patterson, Matthews and Anderson: A CONCURRENT RESOLUTION TO ENCOURAGE THE MEMBERSHIP OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS TO WORK WITH LEGISLATIVE COLLEAGUES TO ENSURE TRANSPARENCY WHEN PHYSICIANS OR OTHER HEALTH PRACTITIONERS RECEIVE FINANCIAL COMPENSATION FOR CLINICAL DECISIONS. l:\council\bills\rm\1486dw08.doc The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs. S. 1403 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER WHICH FORMS THE BOUNDARY FOR CHESTERFIELD AND LANCASTER COUNTIES ALONG SOUTH CAROLINA HIGHWAY 9 THE "JUDGE PAUL M. BURCH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JUDGE PAUL M. BURCH BRIDGE". l:\council\bills\swb\5575cm08.doc The Concurrent Resolution was adopted, ordered sent to the House. S. 1404 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO STAND WITH THE AARP'S DIVIDED WE FAIL INITIATIVE ON HEALTH CARE AND FINANCIAL SECURITY TO AMPLIFY THE VOICES OF MILLIONS OF AMERICANS WHO BELIEVE THAT HEALTH CARE AND LIFETIME FINANCIAL SECURITY ARE THE MOST PRESSING DOMESTIC ISSUES FACING OUR NATION AND TO JOIN IN THEIR EFFORTS TO URGE OUR LEADERS TO DELIVER ACTION AND ANSWERS ON HEALTH CARE AND LIFETIME FINANCIAL SECURITY. l:\council\bills\gjk\20728sd08.doc The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs. S. 1405 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 17, TITLE 16 TO BE ENTITLED "PROPERTY MAINTENANCE" SO AS TO SET CERTAIN MINIMUM STANDARDS FOR THE CONTROL OF WEEDS, RANK VEGETATION, AND DEBRIS ON PROPERTY WHICH IS DELETERIOUS TO GOOD HEALTH AND SANITATION, TO PROVIDE A PENALTY, AND TO PROVIDE AN EXCEPTION FOR EXISTING LOCAL ORDINANCES. l:\council\bills\ms\7661ahb08.doc Read the first time and referred to the Committee on Judiciary. S. 1406 (Word version) -- Senators Leventis and Land: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE DEATH OF SERGEANT CARL WESLEY PRINGLE OF SUMTER COUNTY AND TO EXTEND TO HIS FAMILY AND MANY FRIENDS THEIR DEEPEST SYMPATHY. l:\council\bills\agm\19261bb08.doc The Senate Resolution was adopted. S. 1407 (Word version) -- Senators Knotts, Courson, Cromer and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE GILBERT HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS AA STATE CHAMPIONSHIP TITLE. l:\council\bills\rm\1491htc08.doc The Senate Resolution was adopted. S. 1408 (Word version) -- Senators Grooms, Anderson, Alexander, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS TO THE WELL-BEING OF THE STATE OF SOUTH CAROLINA BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS IT CELEBRATES ITS SEVENTY-FIFTH ANNIVERSARY IN 2008. l:\s-res\lkg\030scta.kmm.doc The Senate Resolution was adopted. H. 5187 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK ALLAN COTHRAN, OF LEXINGTON COUNTY, FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS. The Concurrent Resolution was adopted, ordered returned to the House. H. 5188 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE ANDERSON ELMS CULVERN, OF LEXINGTON COUNTY, FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS. The Concurrent Resolution was adopted, ordered returned to the House. H. 5189 (Word version) -- Reps. Jefferson and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MADELIN J. GIBSON-GUY, OF BERKELEY COUNTY, FOR HER SERVICE THROUGHOUT THIRTY-SIX YEARS AS AN EDUCATOR, AND TO CONGRATULATE HER, UPON THE OCCASION OF HER RETIREMENT, AS PRINCIPAL OF BERKELEY INTERMEDIATE SCHOOL. The Concurrent Resolution was adopted, ordered returned to the House. H. 5190 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JULIE S. VON FRANK, OF FLORENCE COUNTY, FOR HER SERVICE THROUGHOUT THIRTY-FOUR YEARS AS AN EDUCATOR, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS. The Concurrent Resolution was adopted, ordered returned to the House. H. 5192 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF OCTOBER 2008 AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE. The Concurrent Resolution was introduced and referred to the Committee on Invitations. H. 5193 (Word version) -- Reps. Pinson, Parks, M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. GARY GOFORTH FOR HIS MANY YEARS OF SERVICE AS A SOUTH CAROLINA FAMILY PHYSICIAN, MEMBER OF THE UNITED STATES ARMED FORCES, AND COMMUNITY LEADER, AND TO WISH DR. AND MRS. GOFORTH WELL AS THEY LEAVE THIS SUMMER TO TEACH IN AFGHANISTAN FOR A YEAR. The Concurrent Resolution was adopted, ordered returned to the House. REPORTS OF STANDING COMMITTEES Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on: H. 4337 (Word version) -- Reps. R. Brown, Clyburn, Knight, Bedingfield, Toole and Hodges: A BILL TO AMEND SECTION 48-14-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STORMWATER RUNOFF FEES, SO AS TO SPECIFICALLY EXEMPT FARM LAND, FOREST LAND, AND UNDEVELOPED LAND FROM SUCH FEES. Ordered for consideration tomorrow. Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on: H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY. Ordered for consideration tomorrow. Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on: H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE. Ordered for consideration tomorrow. Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on: H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A CONDITIONAL TITLE; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT. Ordered for consideration tomorrow. Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on: H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E.H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING, AMONG OTHER THINGS. Ordered for consideration tomorrow. Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on: H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN. Ordered for consideration tomorrow. Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on: H. 5009 (Word version) -- Reps. G.M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON. Ordered for consideration tomorrow. Message from the House Columbia, S.C., May 22, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to: H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES. and has ordered the Bill enrolled for Ratification. Very respectfully, Speaker of the House Received as information. HOUSE CONCURRENCE S. 1401 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE EDWARD RAYMOND MOORE, SR. OF RICHLAND COUNTY UPON THE OCCASION OF HIS NINETY-SECOND BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF CONTINUED HEALTH AND HAPPINESS. Returned with concurrence. Received as information. THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR. THIRD READING BILLS The following Joint Resolutions were read the third time and ordered sent to the House of Representatives: S. 1392 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 1395 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3192, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. SECOND READING BILL The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar: H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY. AMENDED, READ THE SECOND TIME H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THE IDENTITY OF FOOD OR A FOOD PRODUCT THAT IS SERVED, SOLD, OR OTHERWISE COMMERCIALLY DISTRIBUTED OR OFFERED FOR DISTRIBUTION, TO SPECIFY ACTS OF MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT, AND TO PROVIDE FOR CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS. The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill. Senator CLEARY proposed the following amendment (JUD3028.004), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding: "Section 39-5-32. (A) For purposes of this section 'food' or 'food product' is an article that is produced, raised, caught, or harvested for human consumption. (B) It is an unfair trade practice pursuant to Section 39-5-20 to knowingly and willfully misrepresent food or a food product if the food or food product purports to be or is represented to be a product of South Carolina but is the product of another state, country, or territory. (C) No provision in this section is intended to conflict with the enforcement of criminal penalties or other provisions of law relating to the misrepresentation or adulteration of food or food products." SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 3. This act takes effect upon approval by the Governor and applies to all violations occurring after that date. / 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. COMMITTEE AMENDMENT ADOPTED AMENDED, READ THE SECOND TIME H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE. The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary. The Committee on Judiciary proposed the following amendment (JUD4312.003), which was adopted: Amend the bill, as and if amended, page 1, after line 36, by adding an appropriately numbered SECTION to read: / SECTION ___. Section 62-5-504(E) of the 1976 Code is amended to read: "(E) A health care agent has, in addition to the powers set forth in the health care power of attorney, the following specific powers: (1) to have access to the principal's medical records and information to the same extent that the principal would have access, including the right to disclose the contents to others; (2) to contract on the principal's behalf for placement in a health care or nursing care facility or for health care related services, without the agent incurring personal financial liability for the contract; (3) to hire and fire medical, social service, and other support personnel responsible for the principal's care; (4) to have the same health care facility or nursing care facility visitation rights and privileges of the principal as are permitted to immediate family members or spouses." / Renumber sections to conform. Amend title to conform. Senator RITCHIE explained the committee amendment. The committee amendment was adopted. Senator MASSEY proposed the following amendment (JUD4312.004), which was adopted: Amend the bill, as and if amended, page 1, after line 36, by adding an appropriately numbered SECTION to read: / SECTION ___. Section 62-5-504(D)8.8 of the 1976 Code is amended to read: "8. STATEMENT OF DESIRES REGARDING TUBE FEEDING With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life-sustaining treatment is being withheld or withdrawn pursuant to Item Paragraph 7, (INITIAL ONLY ONE OF THE FOLLOWING THREE 3 PARAGRAPHS): (a)(1) ___ GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision. OR (b)(2) ___ DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding. OR (c)(3) ___ DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn. IF YOU DO NOT INITIAL ANY OF THE STATEMENTS IN ITEM PARAGRAPH 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN." / Renumber sections to conform. Amend title to conform. Senator MASSEY explained the amendment. The amendment was adopted. There being no further amendments, the Bill was read the second time, passed and ordered to a third reading. COMMITTEE AMENDMENT ADOPTED READ THE SECOND TIME H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET. The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary. The Committee on Judiciary proposed the following amendment (JUD4900.004), which was adopted Amend the bill, as and if amended, page 6, by striking line 33 in its entirety and inserting the following: / (F) There is established in the State Treasury a / Amend the bill further, as and if amended, page 10, by striking lines 8-9 in their entirety and inserting the following: / Section 23-51-90. There is established in the State Treasury a special fund to be known as the 'Reduced Cigarette / Amend the bill further, as and if amended, page 5, by striking lines 37-41 in their entirety and inserting the following: / (P) This chapter shall be implemented in accordance with the implementation and substance of New York Fire Safety Standards for Cigarettes in effect on May 1, 2008. If after May 1, 2008, the New York Fire Safety Standards are changed, then the State Fire Marshal shall recommend to the chairpersons of the appropriate standing committees of the General Assembly such proposed legislation as may be necessary to make this chapter consistent, as far as possible, with the New York Fire Safety Standards for Cigarettes. / Amend the bill further, as and if amended, page 7, by striking lines 33-37 in their entirety and inserting the following: / (1) any marking in use and approved for sale in accordance with the implementation and substance of New York Fire Safety Standards for Cigarettes in effect on May 1, 2008. If after May 1, 2008, the New York Fire Safety Standards for marking are changed, then the State Fire Marshal shall recommend to the chairpersons of the appropriate standing committees of the General Assembly such proposed legislation as may be necessary to make this chapter consistent, as far as possible, with the New York Fire Safety Standards for Cigarettes; or / Renumber sections to conform. Amend title to conform. Senator RITCHIE explained the committee amendment. The committee amendment was adopted. There being no further amendments, the Bill was read the second time, passed and ordered to a third reading. H. 4900--Ordered to a Third Reading On motion of Senator RITCHIE, with unanimous consent, H. 4900 was ordered to receive a third reading on Friday, May 23, 2008. COMMITTEE AMENDMENT ADOPTED AMENDED, READ THE SECOND TIME H. 4921 (Word version) -- Reps. Moss, M.A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL". The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill. The Committee on Agriculture and Natural Resources proposed the following amendment (4921R001.DBV), which was adopted: Amend the bill, as and if amended, on page 1, by striking line 37 and inserting: / dog or dogs and another animal does not occur during this training/ Renumber sections to conform. Amend title to conform. The committee amendment was adopted. Senator THOMAS proposed the following amendment (4921R002.DBV), which was adopted: Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read: / SECTION ___. Section 47-3-630 of the 1976 Code is further amended to read: "Section 47-3-630. A person who violates any of the provisions of this article, except for Section 47-3-620, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both. A person who violates the provisions of Section 47-3-620 is guilty of a misdemeanor felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or and imprisoned not less than one year nor more than three five years, or both." / Renumber sections to conform. Amend title to conform. Senator THOMAS explained the amendment. The amendment was adopted. There being no further amendments, the Bill was read the second time, passed and ordered to a third reading. H. 4921--Ordered to a Third Reading On motion of Senator VERDIN, with unanimous consent, H. 4921 was ordered to receive a third reading on Friday, May 23, 2008. OBJECTION H. 4538 (Word version) -- Reps. Funderburk, McLeod, Stavrinakis and Whipper: A BILL TO ENACT THE "GOVERNMENT ACCOUNTABILITY ACT OF 2008", TO AMEND THE DEFINITION OF REPORT RELATING TO THE WHISTLEBLOWER PROTECTION ACT AND BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS. (Abbreviated Title) Senator LOURIE objected to further consideration of the Bill. AMENDMENT PROPOSED, OBJECTION H. 3176 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK. The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment. Senator HUTTO proposed the following amendment (JUD3176.001): Amend the bill, as and if amended, page 1, by striking lines 37-38 and inserting: / license. However, no more than two functions may be sponsored each year, quarter and must be authorized by the department. / Amend the bill further, as and if amended, page 2, by striking lines 16-17 and inserting: / biennial permit. However, no more than two functions may be sponsored each year, quarter and must be authorized by the department. A / Renumber sections to conform. Amend title to conform. Senator HUTTO explained the amendment. Senators THOMAS and FAIR objected to further consideration of the Bill. CARRIED OVER H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63. On motion of Senator RITCHIE, the Bill was carried over. THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD. Motion to Ratify Adopted At 12:35 A.M., Senator MARTIN 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 3:00 P.M. There was no objection and a message was sent to the House accordingly. MOTION ADOPTED On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period. HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE. CONCURRENCE S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE. The House returned the Bill with amendments. On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification. CONCURRENCE S. 1329 (Word version) -- Senators McGill, Grooms and Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 101 SO AS TO PROVIDE FOR THE ISSUANCE OF "I BELIEVE" SPECIAL LICENSE PLATES. The House returned the Bill with amendments. On motion of Senator GROOMS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification. CONCURRENCE H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008. The House returned the Bill with amendments. On motion of Senator ALEXANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification. Senator LOURIE spoke on the Bill. Recorded Vote Senators RITCHIE, McCONNELL, RYBERG, VERDIN and GROOMS desired to be recorded as voting against the motion to concur in the House amendments. Statement by Senator BRYANT H. 3567 essentially supplements the Medicaid system with an additional$300 million in a budget shortfall year with across the board agency cuts. I am a registered pharmacist and am part owner in a pharmacy/HME business. This increase will have a personal financial impact; therefore, it was necessary to recuse myself from voting on H. 3567. Also, I refrained from voting on amendments relating to Medicaid during the debate on H. 3567.

Statement by Senator RYBERG

I voted against H. 3567 because it increases the overall tax burden on South Carolinians. Furthermore, H. 3567 perpetuates two other inherently unfair burdens on taxpayers. First, this Bill devotes half of the revenue raised to Medicaid, a program largely responsible, with its federal counterpart Medicare, for the rampant inflation in health care costs inasmuch as it directly contravenes the free market. Second, this Bill devotes half of the revenue raised to tax credits for employer health plans. The latter provision penalizes small businesses that already offer health care for their employees by subsidizing their competitors with a government handout.

This legislation pumps more money into the status quo healthcare system without any consideration of empowering the individual healthcare consumer by way of health savings accounts or, better yet, simply providing a tax refund so that citizens might make their own decisions with their own money. I cannot support an extension of the status quo, particularly on the backs of taxpayers.

Finally, this legislation sets up a trap for the taxpayers. The legislation adds people to the Medicaid rolls which means, of course, that the cost of Medicaid will rise. The increased cigarette tax promises, thankfully, to decrease the purchase of cigarettes. It also, therefore, means that the revenue from this new tax will decrease over time. Sooner rather than later the revenue from the cigarette tax will fall behind the cost of the new Medicaid enrollees. The only place to make up the difference will be the general fund of the State. This reality means that this legislation actually represents a tax increase on everyone. I cannot support that.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the Amendment P-7 (Doc. No. JUD3159.004) proposed by Senator HUTTO and previously printed in the Journal of Wednesday, May 21, 2008.

Senator MARTIN spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-8

Senator HUTTO proposed the following Amendment No. P-8 (JUD3159.005), which was laid on the table:

Amend the committee report, as and if amended, page [3159-6], by striking line 6, in Section 10-1-168(F), as contained in SECTION 2, and inserting therein:

/   (F)   State funding must be used for a Foundations of       /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MARTIN spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-11

Senator MALLOY proposed the following Amendment P-11 (JUD3159.015), which was withdrawn:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   Barack Obama's March 18, 2008 Speech, 'A More Perfect Union';   /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   Given March 18, 2008, in Philadelphia, Pennsylvania, at Constitution Center, in this speech presidential candidate Barack Obama spoke to the issue of race in American politics as well as in American life. He emphasized that while our pasts shape us, we must also consider what is best for the future. He said, 'I believe deeply that we cannot solve the challenges of our time unless we solve them together, unless we perfect our union by understanding that we may have different stories, but we hold common hopes; that we may not look the same and we may not have come from the same place, but we all want to move in the same direction - toward a better future for our children and our grandchildren'.   /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

On motion of Senator MALLOY, with unanimous consent, the amendment was withdrawn.

Amendment No. P-15

Senator HUTTO proposed the following Amendment No. P-15 (JUD3159.006), which was adopted:

Amend the committee report, as and if amended, page [3159-6], by striking line 6, in Section 10-1-168(F), as contained in SECTION 2, and inserting therein:

/   (F)   State funding may be used for a Foundations of   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Senator HUTTO explained the amendment.

Amendment No. P-16

Senator MALLOY proposed the following Amendment No. P-16 (JUD3159.016), which was adopted:

Amend the committee report, as and if amended, page [3159-6], by striking line 26 and inserting therein the following:

/     section, based upon advice from legal counsel.

(I)   An advisory committee is established to make recommendations to the General Assembly and the Department of Archives and History regarding the public representations of the Foundations of American Law and Government display documents, the appropriate information to be included in the display, and recommendations concerning other documents to be added to the list for the display. The committee must submit an annual report to the Commission for the Department of Archives and History, the President Pro Tempore of the Senate, and Speaker of the House of Representatives. The committee shall be appointed by the Commission of the Department of Archives and History to consist of:

(1)   a member appointed upon the recommendation of the South Carolina Attorney General;

(2)   a member appointed upon the recommendation of the South Carolina Historical Association;

(3)   a member appointed upon the recommendation of the South Carolina History Society;

(4)   a member with expertise in legal history to be appointed upon the recommendation of the Dean of the University of South Carolina School of Law and the Dean of the Charleston School of Law;

(5)   a member with expertise in United States or South Carolina history appointed upon the recommendation of the Presidents of the research universities of South Carolina."   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN moved that the amendment be adopted.

Amendment No. P-17

Senator SHORT proposed the following Amendment No. P-17 (3159R003.LHS), which was adopted:

Amend the committee amendment, as and if amended, on page [3159-2] by striking lines 12 - 42 and inserting:

/   (B)   The Foundations of American Law and Government display must include:

(1)   The Ten Commandments;

(2)   The Magna Carta;

(3)   The Mayflower Compact, 1620;

(4)   The Declaration of Independence;

(5)   'The Star-Spangled Banner' by Francis Scott Key;

(6)   The Bill of Rights of the United States Constitution;

(7)   The Preamble to the South Carolina Constitution;

(8)   The Nineteenth Amendment to the United States Constitution;

(9)   The national motto 'In God We Trust';

(10)   The image of Lady Justice;

(11)   The Emancipation Proclamation, 1863; and

(12)   Martin Luther King, Jr.'s 'I Have a Dream' speech.

(C)   Public displays of the Foundations of American Law and Government display shall contain the text of the documents listed in items (1) through (12) of subsection (B) together with the context for acknowledging formative, historically significant documents in America's heritage contained in subsection (D). Because the purpose of the display is not to advance religion, the General Assembly expresses no preference as to which version of the Ten Commandments is displayed.

(D)   The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains: the Ten Commandments; the Magna Carta; the Mayflower Compact, 1620; the Declaration of Independence; 'the Star-Spangled Banner' by Francis Scott Key; the Bill of Rights of the United States Constitution; the Preamble to the South Carolina Constitution; The Nineteenth Amendment to the United States Constitution; the national motto 'In God We Trust'; the image of Lady Justice; the Emancipation Proclamation, 1863; and Martin Luther King, Jr.'s 'I Have a Dream' speech.     /

Amend the committee amendment further, as and if amended, by inserting on page [3159-5] after line 9 and inserting an appropriately numbered new item to read:

/   ( )   Passed by Congress June 4, 1919, and ratified on August 18, 1920, the Nineteenth amendment guarantees all american women the right to vote. Achieving this milestone required a lengthy and difficult struggle; victory took decades of agitation and protest. Beginning in the mid-19th century, several generations of woman suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many americans considered a radical change of the Constitution. Few early supporters lived to see final victory in 1920. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Senator McCONNELL spoke on the Bill.

Senator MARTIN spoke on the Bill.

The question was the adoption of the committee amendment.

The Committee on Judiciary proposed the following amendment (JUD3159.003), which was adopted, as amended:

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

/   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT HISTORICAL DOCUMENTS AND EDUCATIONAL AND INFORMATIONAL MATERIAL REGARDING THE HISTORY AND BACKGROUND OF AMERICAN LAW MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

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

SECTION   1.   The General Assembly finds:

(1)   there is a need to educate and inform the public about the history and background of American law;

(2)   the public buildings of this State and its political subdivisions are ideal forums to display educational and informational material regarding the history and background of American law; and

(3)   a basic knowledge of American constitutional history is important to the formation of civic virtue in our society.

SECTION   2.   Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-168.   (A)   Notwithstanding another provision of law, each municipality, county, or other political subdivision of this State including, but not limited to, a school board, is authorized to post the Foundations of American Law and Government display, as described in this section, in a visible, public location in the public buildings of this State and its political subdivisions.

(B)   The Foundations of American Law and Government display must include:

(1)   The Ten Commandments;

(2)   The Magna Carta;

(3)   The Mayflower Compact, 1620;

(4)   The Declaration of Independence;

(5)   'The Star-Spangled Banner' by Francis Scott Key;

(6)   The Bill of Rights of the United States Constitution;

(7)   The Preamble to the South Carolina Constitution;

(8)   The national motto 'In God We Trust';

(9)   The image of Lady Justice;

(10)   The Emancipation Proclamation, 1863; and

(11)   Martin Luther King, Jr.'s 'I Have a Dream' speech.

(C)   Public displays of the Foundations of American Law and Government display shall contain the text of the documents listed in items (1) through (11) of subsection (B) together with the context for acknowledging formative, historically significant documents in America's heritage contained in subsection (D). Because the purpose of the display is not to advance religion, the General Assembly expresses no preference as to which version of the Ten Commandments is displayed.

(D)   The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains: the Ten Commandments; the Magna Carta; the Mayflower Compact, 1620; the Declaration of Independence; 'the Star-Spangled Banner' by Francis Scott Key; the Bill of Rights of the United States Constitution; the Preamble to the South Carolina Constitution; the national motto 'In God We Trust'; the image of Lady Justice; the Emancipation Proclamation, 1863; and Martin Luther King, Jr.'s 'I Have a Dream' speech.

(1)   The Ten Commandments have profoundly influenced the formation of western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness'. The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition.

(2)   In 1215, King John of England consented to the demands of his barons and agreed for The Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in The Magna Carta. By signing The Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in Thirteenth Century England. A distinction, however, is noted between The Magna Carta and the American concept of liberty. While The Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People'.

(3)   The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact: 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word'.

(4)   Perhaps the single most important document in American history, The Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. A fundamental premise of the Declaration of Independence is that 'all men are created equal and that they are endowed by their creator with certain unalienable rights.' While these rights are not given by government, they are protected by government. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government.

(5)   During the debates on the adoption of the United States Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power.

(6)   Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was thirty feet by forty-two feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.

During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye, Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war.

(7)   The Preamble to the South Carolina Constitution recognizes that the people, grateful for the liberties they enjoy, have established the Constitution of the State of South Carolina to preserve and perpetuate a civilized society.

(8)   The national motto was derived from the line 'And this be our motto, "In God is our trust" ' in the national anthem, 'The State-Spangled Banner.' The phrase first appeared on United States' coins in 1864 and became obligatory on all United States' currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became 'In God We Trust'.

(9)   Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that in blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies.

(10)   The Emancipation Proclamation, signed on January 1, 1863, by President Abraham Lincoln, provided that the slaves in all parts of the United States and in the States then in rebellion were forever free. The penultimate paragraph states, 'And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God'.

(11)   'I Have A Dream' is the popular name given to the historic public speech by Martin Luther King, Jr. when he spoke of his desire for a future where blacks and whites among others would coexist harmoniously as equals. King's delivery of the speech on August 28, 1963, from the steps of the Lincoln Memorial during the March on Washington for Jobs and Freedom was a defining moment of the American Civil Rights Movement. Delivered to over two hundred thousand civil rights supporters, the speech is often considered to be one of the greatest and most notable speeches in history and was ranked the top American speech of the 20th century by a 1999 poll of scholars of public address.

(E)   All documents which are included in a Foundations of American Law and Government display must be posted on paper not less than eleven by fourteen inches in dimension and must be framed in identically-styled frames. One document may not be displayed more prominently than another.

(F)   State funding must not be used for a Foundations of American Law and Government display.

(G)   In order that each municipality, county, or other political subdivision of this State including, but not limited to, a school board, may have access to advice on the current status of the law concerning the Foundations of American Law and Government display, as described in this section, the Attorney General's office shall prepare a statement of the applicable constitutional law and, upon request, make that statement available to a member of the General Assembly or a municipality, county, or other political subdivision. As necessary, the Attorney General's office shall update this statement to reflect any changes made in the law. The Attorney General's office may make the statement available through the most economical and convenient method including, but not limited to, posting the statement on a website.

(H)   Nothing in this section prohibits a municipality, county, or other political subdivision of this State, including, but not limited to, a school board, from developing its own policy on the display of any one or all of the documents included in the Foundations of American Law and Government display, as described in this section, based upon advice from legal counsel."

SECTION   3.   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.

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

Renumber sections to conform.

Amend title to conform.

On motion of Senator SHORT, with unanimous consent, all adopted amendments would be conformed.

Clerk's Conforming Amendment

The following is the Clerk's Conforming Amendment (3159R004.JUD), which was adopted:

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

/   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT HISTORICAL DOCUMENTS AND EDUCATIONAL AND INFORMATIONAL MATERIAL REGARDING THE HISTORY AND BACKGROUND OF AMERICAN LAW MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

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

SECTION   1.   The General Assembly finds:

(1)   there is a need to educate and inform the public about the history and background of American law;

(2)   the public buildings of this State and its political subdivisions are ideal forums to display educational and informational material regarding the history and background of American law; and

(3)   a basic knowledge of American constitutional history is important to the formation of civic virtue in our society.

SECTION   2.   Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-168.   (A)   Notwithstanding another provision of law, each municipality, county, or other political subdivision of this State including, but not limited to, a school board, is authorized to post the Foundations of American Law and Government display, as described in this section, in a visible, public location in the public buildings of this State and its political subdivisions.

(B)   The Foundations of American Law and Government display must include:

(1)   The Ten Commandments;

(2)   The Magna Carta;

(3)   The Mayflower Compact, 1620;

(4)   The Declaration of Independence;

(5)   'The Star-Spangled Banner' by Francis Scott Key;

(6)   The Bill of Rights of the United States Constitution;

(7)   The Preamble to the South Carolina Constitution;

(8)   The Nineteenth Amendment to the United States Constitution;

(9)   The national motto 'In God We Trust';

(10)   The image of Lady Justice;

(11)   The Lord's Prayer;

(12)   The Emancipation Proclamation, 1863; and

(13)   Martin Luther King, Jr.'s 'I Have a Dream' speech.

(C)   Public displays of the Foundations of American Law and Government display shall contain the text of the documents listed in items (1) through (13) of subsection (B) together with the context for acknowledging formative, historically significant documents in America's heritage contained in subsection (D). Because the purpose of the display is not to advance religion, the General Assembly expresses no preference as to which version of the Ten Commandments is displayed.

(D)   The Foundations of American Law and Government display contains documents that played a significant role in the foundation of our system of law and government. The display contains: the Ten Commandments; the Magna Carta; the Mayflower Compact, 1620; the Declaration of Independence; 'The Star-Spangled Banner' by Francis Scott Key; the Bill of Rights of the United States Constitution; the Preamble to the South Carolina Constitution; the Nineteenth Amendment to the United States Constitution; the national motto 'In God We Trust'; the image of Lady Justice; The Lord's Prayer; the Emancipation Proclamation, 1863; and Martin Luther King, Jr.'s 'I Have a Dream' speech.

(1)   The Ten Commandments have profoundly influenced the formation of western legal thought and the formation of our country. That influence is clearly seen in the Declaration of Independence, which declared that 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness'. The Ten Commandments provide the moral background of the Declaration of Independence and the foundation of our legal tradition.

(2)   In 1215, King John of England consented to the demands of his barons and agreed for The Magna Carta to be publicly read throughout the land. By this act he bound himself and 'our heirs, in all things and all places for ever' to grant to the people of his kingdom the rights pronounced in The Magna Carta. By signing The Magna Carta, King John brought himself and England's future rulers within the rule of law. The rule of law places a restraint on the exercise of arbitrary government power, and it places all people and civil government under law. The American patriots, therefore, waged war against England to preserve liberties originating in Thirteenth Century England. A distinction, however, is noted between The Magna Carta and the American concept of liberty. While The Magna Carta is a guarantee from a king that he will follow the law, the Constitution of the United States is the establishment of a government consisting of, and created for, 'We the People'.

(3)   The Mayflower Compact was penned by William Bradford on November 11, 1620, on the Mayflower before the Pilgrims made landfall at Plymouth, Massachusetts. The Compact was the first written constitution in the New World. William Bradford described the reasoning behind the Compact when he stated in the Compact: 'This day, before we came to harbour, observing some not well affected to unity and concord, but gave some appearance of faction, it was thought good there should be an association and agreement, that we should combine together in one body, and to submit to such government and governors as we should by common consent agree to make and choose, and set our hands to this that follows, word for word'.

(4)   Perhaps the single most important document in American history, The Declaration of Independence was, as Abraham Lincoln stated, the 'frame' into which the Framers placed the Constitution. A fundamental premise of the Declaration of Independence is that 'all men are created equal and that they are endowed by their creator with certain unalienable rights.' While these rights are not given by government, they are protected by government. Moreover, government is a creation of 'the governed' and derives all its power from the consent of its people. As the Preamble to the United States Constitution states, 'We the People' are the government.

(5)   During the debates on the adoption of the United States Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a 'bill of rights' that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered. The Bill of Rights is still a vital and powerful force in American government, shaping our laws and serving as a check on the exercise of government power.

(6)   Guarding the entrance to Baltimore harbor via the Patapsco River during the War of 1812, Fort McHenry faced almost certain attack by British forces. Major George Armistead, the stronghold's commander, was ready to defend the fort but he wanted a flag that would identify his position, one whose size would be visible to the enemy from a distance. The flag that was made for the fort was thirty feet by forty-two feet. Anxiously awaiting news of the battle's outcome was a Washington, D.C., lawyer named Francis Scott Key. Key had visited the enemy's fleet to secure the release of a Maryland doctor who had been abducted by the British after they left Washington. The lawyer had been successful in his mission, but he could not escort the doctor home until the attack ended. So he waited on a flag-of-truce sloop anchored eight miles downstream from Fort McHenry.

During the night, there had been only occasional sounds of the fort's guns returning fire. At dawn, the British bombardment tapered off. Had the fort been captured? Placing a telescope to his eye, Key trained it on the fort's flagpole. There he saw the large garrison flag catch the morning breeze. It had been raised as a gesture of defiance, replacing the wet storm flag that had flown through the night. Thrilled by the sight of the flag and the knowledge that the fort had not fallen, Key took a letter from his pocket and began to write some verses on the back of it. Later, after the British fleet had withdrawn, Key checked into a Baltimore hotel and completed his poem on the defense of Fort McHenry. He then sent it to a printer for duplication on handbills, and within a few days the poem was put to the music of an old English song. Both the new song and the flag became known as 'The Star-Spangled Banner' and became a rallying cry for the American Patriots during the rest of the war.

(7)   The Preamble to the South Carolina Constitution recognizes that the people, grateful for the liberties they enjoy, have established the Constitution of the State of South Carolina to preserve and perpetuate a civilized society.

(8)   Passed by Congress June 4, 1919, and ratified on August 18, 1920, the Nineteenth Amendment guarantees all American women the right to vote. Achieving this milestone required a lengthy and difficult struggle; victory took decades of agitation and protest. Beginning in the mid-19th century, several generations of woman suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change of the Constitution. Few early supporters lived to see final victory in 1920.

(9)   The national motto was derived from the line 'And this be our motto, "In God is our trust" ' in the national anthem, 'The State-Spangled Banner.' The phrase first appeared on United States' coins in 1864 and became obligatory on all United States' currency in 1955. In accordance with Public Law No. 851 passed at the Second Session of the 84th Congress of the United States, July 30, 1956, the national motto of the United States became 'In God We Trust'.

(10)   Lady Justice has become a symbol of the fair and equal administration of the law, without corruption, avarice, prejudice, or favor. The blindfold represents a system of justice that in blinded to all prejudices or favor. The scales represent justice that is administered fairly and the sword represents justice that is authoritative. Lady Justice is a symbol of the American system of justice and the ideals it embodies.

(11)   The Lord's Prayer, used to teach people how best to seek their daily needs, is a model of philosophy and inspiration for legal and moral systems throughout the ages. In the colonies, James Oglethorpe brought debtors to freedom in our neighboring state of Georgia in remembrance of 'forgiving our debts as we forgive our debtors.'

(12)   The Emancipation Proclamation, signed on January 1, 1863, by President Abraham Lincoln, provided that the slaves in all parts of the United States and in the States then in rebellion were forever free. The penultimate paragraph states, 'And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God'.

(13)   'I Have A Dream' is the popular name given to the historic public speech by Martin Luther King, Jr. when he spoke of his desire for a future where blacks and whites among others would coexist harmoniously as equals. King's delivery of the speech on August 28, 1963, from the steps of the Lincoln Memorial during the March on Washington for Jobs and Freedom was a defining moment of the American Civil Rights Movement. Delivered to over two hundred thousand civil rights supporters, the speech is often considered to be one of the greatest and most notable speeches in history and was ranked the top American speech of the 20th century by a 1999 poll of scholars of public address.

(E)   All documents which are included in a Foundations of American Law and Government display must be posted on paper not less than eleven by fourteen inches in dimension and must be framed in identically-styled frames. One document may not be displayed more prominently than another.

(F)   State funding may be used for a Foundations of American Law and Government display.

(G)   In order that each municipality, county, or other political subdivision of this State including, but not limited to, a school board, may have access to advice on the current status of the law concerning the Foundations of American Law and Government display, as described in this section, the Attorney General's office shall prepare a statement of the applicable constitutional law and, upon request, make that statement available to a member of the General Assembly or a municipality, county, or other political subdivision. As necessary, the Attorney General's office shall update this statement to reflect any changes made in the law. The Attorney General's office may make the statement available through the most economical and convenient method including, but not limited to, posting the statement on a website.

(H)   Nothing in this section prohibits a municipality, county, or other political subdivision of this State, including, but not limited to, a school board, from developing its own policy on the display of any one or all of the documents included in the Foundations of American Law and Government display, as described in this section, based upon advice from legal counsel.

(I)   An advisory committee is established to make recommendations to the General Assembly and the Department of Archives and History regarding the public representations of the Foundations of American Law and Government display documents, the appropriate information to be included in the display, and recommendations concerning other documents to be added to the list for the display. The committee must submit an annual report to the Commission for the Department of Archives and History, the President Pro Tempore of the Senate, and Speaker of the House of Representatives. The committee shall be appointed by the Commission of the Department of Archives and History to consist of:

(1)   a member appointed upon the recommendation of the South Carolina Attorney General;

(2)   a member appointed upon the recommendation of the South Carolina Historical Association;

(3)   a member appointed upon the recommendation of the South Carolina History Society;

(4)   a member with expertise in legal history to be appointed upon the recommendation of the Dean of the University of South Carolina School of Law and the Dean of the Charleston School of Law;

(5)   a member with expertise in United States or South Carolina history appointed upon the recommendation of the Presidents of the research universities of South Carolina."

SECTION   3.   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.

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

Renumber sections to conform.

Amend title to conform.

The question then was the second reading of the Bill.

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

Ayes 43; Nays 1

AYES

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

Total--43

NAYS

McConnell

Total--1

The Bill was read the second time, passed and ordered to a third reading.

Statement by Senator McCONNELL

The Bill is most likely unconstitutional because of the addition of the Lord's Prayer. The courts have cleared certain historical documents; however, the presumption and the odds are that the inclusion of the Lord's Prayer is unconstitutional. Even though I personally favor the public display of the Lord's Prayer, knowing that the inclusion is most likely unconstitutional, I believe I would be wrong in voting in favor of the Bill. For example, to show the legal mess we are in, the question becomes which version of the Lord's Prayer are we endorsing for public display. There are different versions depending on the denominations' use and an argument will be made we now, by law, have sanctioned an official version. For these reasons, I voted "no."

Senators CAMPSEN, ALEXANDER, MARTIN, HAYES
MASSEY and FAIR

The Historical Documents Bill (H.3159) is model legislation regarding the display of various documents, mottos, songs and images that have influenced or mark the development law in the United States and South Carolina. It was designed, not a mandate upon the State or political subdivisions but as a template they may use to display historical documents in a constitutionally acceptable manner that has been upheld by the federal judiciary.

Therefore, the Judiciary subcommittee amended the Bill to contain only those documents that have been upheld as constitutional in the 7th Circuit Court of Appeals decision, Books v. Elkhart County (2005), and the 6th Circuit Court of Appeals decision, ACLU v. Mercer County (2005). The documents that have been upheld in theses cases are: Mayflower Compact, Ten Commandments, Declaration of Independence, Magna Carta, Star Spangled Banner, National Motto, Preamble to South Carolina Constitution, Bill of Rights, Image of Lady Justice.

We voted against the amendment to add the Lord's Prayer to the list of displayed items because it would add an item that has not been upheld by the federal courts, thereby calling the constitutionality of the Bill into question. Since the Bill is intended as a template of what has withstood constitutional challenge, we considered it imprudent to deviate from what has been upheld by the courts.

Statement by Senator CROMER

H. 3159 is a Bill that allows public buildings to display public buildings' educational and informational material regarding the history and background of American law and government. Among the documents that may be posted are the Ten Commandments, the Magna Carta, the Declaration of Independence and the Bill of Rights. The Bill was very carefully written so that, even though it contains the Ten Commandments, it would not be struck down as unconstitutional in federal court. While the Bill was being debated, an amendment was offered to include The Lord's Prayer in the material that may be displayed. As strange as it sounds, this amendment was offered as a poison pill to derail the entire Bill. Even though I believe that the Lord's Prayer serves as a source of comfort and strength to Christians around the world and has had a positive influence on our society, including it among the information that may be posted, makes the Bill unconstitutional. It was an extremely difficult decision for me to make. But, despite my personal feelings to the contrary, I think that it was the right decision to make. My vote was not a vote against The Lord's Prayer, rather it was a vote to constitutionally allow the display of documents fundamental to the formation of civic virtue in our county.

H. 3159--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, H. 3159 was ordered to receive a third reading on Friday, May 23, 2008.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

RETURNED TO THE STATUS OF SPECIAL ORDER

H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens, Whitmire, Parks, Howard and J.H. Neal: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 3 (Doc. No. 4058R001.JL) proposed by Senators LOURIE, MALLOY, FORD, JACKSON, WILLIAMS and PINCKNEY and previously printed in the Journal of Thursday, May 15, 2008.

Amendment No. 3

Senators LOURIE, MALLOY, FORD, JACKSON, WILLIAMS and PINCKNEY proposed the following Amendment No. 3 (4058R001.JL), which was withdrawn:

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

/   SECTION   ___.   Title 37 of the 1976 Code is amended by adding:

"CHAPTER 27

DEFERRED PRESENTMENT SERVICES

Section 37-27-10.   This chapter may be cited as the 'South Carolina Deferred Presentment Services Act'.

Section 37-27-20.   As used in this chapter, unless the context clearly requires otherwise, the term:

(1)   'Check' means a check signed by the maker and made payable to a person licensed pursuant to this chapter. The name of the maker must be preprinted on the face of the check. "Counter checks" and checks without the name of the maker preprinted on the face of the check may not be accepted by a licensee.

(2)   'Deferred presentment services' means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:

(a)   accepting a check dated on the date it was written; and

(b)   holding the check for a period of time before presentment for payment or deposit.

(3)   'Department' means the Department of Consumer Affairs.

(4)   'Licensee' means a person licensed to provide deferred presentment services pursuant to this chapter.

(5)   'Person' means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity.

(6)   'Location' means the entire space in which deferred presentment services are provided. The space must be completely separated from any space where goods or services are sold or leased. The location must be separately staffed and must not have a common entrance with any other business not permitted by this chapter.

Section 37-27-30.   (A) A person may not engage in the business of deferred presentment services without first obtaining a license pursuant to this chapter. A separate license is required for each location from which the business is conducted. The licensee shall post its license to engage in the business of deferred presentment services at each location licensed pursuant to this chapter.

(B) A person engaged in the business of deferred presentment services on the effective date of this chapter may continue to engage in the business without a license until the department has acted upon the application for a license, but the application must be filed within sixty days after the effective date of this chapter.

(C)   A person may not engage in the business of deferred presentment services with a customer residing in this State, whether or not that person has a location in South Carolina, except in accordance with the provisions of this chapter and without having first obtained a license pursuant to this chapter.

(D)(1)   A licensee pursuant to this chapter may not offer, arrange, act as an agent for, or assist a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations including this chapter.

(2)   This prohibition does not apply to the arranger, agent, or assistant to a state or federally chartered bank, thrift, savings association, or credit union if, upon review of the entire circumstances, the state or federally chartered bank, thrift, savings association, or credit union:

(a)   initially advanced the loan proceeds to the customer;

(b)   maintained a preponderant economic interest in the loan after its initiation; and

(c)   developed the deferred deposit transaction product or products on its own without involvement of the licensee.

(3)   If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or credit union in the making of a deferred deposit transaction and the licensee demonstrates that the standards in item (2)(a), (b), and (c) are met, the licensee must comply with all other provisions of this chapter to the extent that they are not preempted by other federal or state law."

Section 37-27-40.   This chapter does not apply to:

(1)   a bank, savings institution, credit union, or farm credit system organized under the laws of the United States or any state; and

(2)   a person principally engaged in the bona fide retail sale of goods or services who, either as an incident to or independently of a retail sale or service and not holding itself out to be a deferred presentment service, from time to time cashes checks, drafts, or money orders without a fee or other consideration.

Section 37-27-50.   (A)   An application for licensure pursuant to this chapter must be in writing, under oath, and on a form prescribed by the department. The application must set forth all of the following:

(1)   the legal name and residence and business addresses of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, managing employee, and director of it;

(2)   the location of the registered office of the applicant;

(3)   the registered agent of the applicant if the applicant is required by other law to have a registered agent;

(5)   other information concerning the financial responsibility, background experience, and activities, such as other partnerships, associations, and corporations located at or adjacent to the licensed location of the applicant and its members, officers, managing employees, and directors as the department requires.

(B)   Upon receipt of an application in the form prescribed by the department, accompanied by the required fee, the department shall investigate whether the qualifications for licensure are satisfied. If the department finds that the qualifications are satisfied, it shall issue to the applicant a license to engage in the deferred presentment services business. If the department fails to issue a license, it shall notify the applicant of the denial and the reasons for it. The provisions of the Administrative Procedures Act apply to the appeal of the denial of a license.

(C)   The application must be accompanied by payment of an application fee of five hundred dollars and an investigation fee of five hundred dollars. These fees are not refundable or abatable. If the license is granted, however, payment of the application fee satisfies the fee requirement for the first license year or its remainder.

(D)   A license expires annually and may be renewed upon payment of a license fee of five hundred dollars. The annual license renewal fee for an applicant with more than one location is five hundred dollars for the first location and one hundred dollars for each additional location. All license fees collected must be remitted to the general fund."

Section 37-27-60.   To qualify for a license issued pursuant to this chapter, an applicant shall have:

(1)   a minimum net worth, determined in accordance with generally accepted accounting principles, of at least twenty-five thousand dollars available for the operation of each location; and

(2)   the financial responsibility, character, experience, and general fitness so as to command the confidence of the public and to warrant belief that the business is operated lawfully, honestly, fairly, and efficiently.

Section 37-27-70.   (A)   A licensee may not advance monies on the security of a check unless the account on which the presented check is drawn is a legitimate, open, and active account.

(B)   A licensee, in every location conducting business under a license issued pursuant to this chapter, conspicuously shall post and at all times display a notice stating the fee charged for deferred presentment services. A licensee shall file with the department a statement of the fees charged at every location licensed for deferred presentment services.

(C)   A licensee shall endorse in the name of the licensee every check, draft, or money order presented by the licensee for payment or deposit.

(D)   A licensee and a customer may not enter into an electronic funds transfer agreement to make automatic debited loan payments for any portion of a deferred presentment agreement.

Section 37-27-80.   (A)   The department shall implement a common database with real-time access through an internet connection for deferred presentment providers, as provided in this subsection. The department is authorized to enter into a contract with a single source private vendor to develop and operate the database. The database must be accessible to the department and the deferred presentment providers to verify if deferred presentment transactions are outstanding for a particular person. Deferred presentment providers shall submit that data before entering into a deferred presentment transaction and once a deferred presentment transaction has been paid in full, in a format the department requires by rule including the drawer's name, social security number or employment authorization alien number, address, driver's license number, amount of the transaction, date of transaction, the date that the transaction is closed, and additional information required by the department. The department may impose a fee not to exceed one dollar for each transaction for data required to be submitted by a licensee. A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database. The department may adopt rules to administer and enforce the provisions of this section and to ensure that the database is used by licensees in accordance with this section.

(B)   The information provided in the database is limited for the use in determining if a customer is eligible or ineligible to enter into a new deferred presentment transaction and to describe the reason for the determination of eligibility or ineligibility

Section 37-27-90.   (A)   The total amount advanced by all licensees to any customer for deferred presentment or deposit may not exceed the lesser of twenty-five percent of the customer's gross income during the term of the loan or five hundred dollars, exclusive of the fees allowed in subsection (E). A licensee may not advance to a customer an amount for deferred presentment or deposit which causes this limit to be exceeded by that customer.

(B)   Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee. The written agreement also must contain plain language developed by the department which sufficiently informs the customer regarding the nature of deferred presentment services, the deferred presentment service process, the customer's rights pursuant to this chapter, information to file complaints with the South Carolina Department of Consumer Affairs and other information the department may require.

(C)   The department shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement with a customer.

(D)   A licensee may not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the amount advanced for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection is imposed only once for each written agreement.

(E)   A check accepted for deferred presentment or deposit pursuant to this chapter must not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee may not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer. A licensee shall not enter into a deferred presentment agreement with a customer who has entered into an extended payment plan agreement with any licensee as provided in Section 37-27-200.

(F)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee may not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(G)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(H)   The department shall develop a form that must be used by all licensees to calculate the maximum amount of funds it may lend a customer based on the customer's income during the term of the loan as required by subsection (A). The form and copies of the documentation verifying the customer's income shall be maintained by the licensee and a copy of both attached to the written agreement signed by the customer.

Section 37-27-100.   (A)   A person subject to the provisions of this chapter shall maintain in its offices books, accounts, and records, as the department may reasonably require and establish by regulation. The books, accounts, and records must be kept with sufficient detail to ensure that the provisions of Section 34-39-180(E) are met. The books, accounts, and records must be maintained separately from other business in which the person is engaged and must be retained for at least three years.

(B)   The department may examine the books, accounts, and records to determine compliance with this chapter and with the regulations adopted pursuant to it. The licensee examined pursuant to this section must pay the cost of the examination to the department.

Section 37-27-110.   A person required to be licensed pursuant to this chapter may not:

(1)   charge fees in excess of those authorized by this chapter;

(2)   engage in the business of:

(i)     making loans of money or extension of credit;

(ii)   discounting notes, bills of exchange, items, or other evidences of debt; or

(iii)   accepting deposits or bailments of money or items, except as expressly provided by Section 37-27-80;

(3)   use or cause to be published or disseminated advertising communication which contains false, misleading, or deceptive statements or representations;

(4)   conduct business at premises or locations other than locations licensed by the department;

(5)   engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;

(6)   alter or delete the date on a check accepted by the licensee;

(7)   accept an undated check or a check dated on a date other than the date on which the licensee accepts the check;

(8)   require a customer to provide security for the transaction or require the customer to provide a guaranty from another person;

(9)   engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, except, that a sale of money orders or postage stamps, and the payment of utility bills with a fee to the customer that does not exceed one percent of the bill being paid, vending machines for food or beverage, facsimile services, wire transfer or money transmitter services, or rental of postal boxes at rates not higher than allowed by the United States Postal Service are not the sales of goods or services prohibited by this subsection;

(10)   be licensed pursuant to Section 12-21-2720(a)(3) to operate a video poker machine;

(11)   permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter; or

(12)   broker or arrange a deferred presentment transaction on behalf of a third-party lender, unless the transaction complies with the provisions of this chapter and is not preempted by federal law.

Section 37-27-120.   On-premises advertising by a licensee may not contain false, misleading, or deceptive statements or representations. The department must promulgate regulations necessary to administer and enforce this section.

Section 37-27-130.   (A)   The department may suspend or revoke a license issued pursuant to this chapter if, after notice and opportunity for hearing, the department issues written findings that the licensee has:

(1)   violated this chapter or applicable state or federal law;

(2)   made a false statement on the application for a license under the chapter;

(3)   refused to permit investigation by the department as authorized by this chapter;

(4)   failed to comply with an order of the department;

(5)   demonstrated incompetency or untrustworthiness to engage in the business of deferred presentment services; or

(6)   been convicted of a felony or misdemeanor involving fraud, misrepresentation, or deceit.

(B)   The department may not suspend or revoke a license issued pursuant to this chapter unless the licensee has been given notice and opportunity for hearing in accordance with the Administrative Procedures Act.

Section 37-27-140.   If the department determines that a person subject to the provisions of this chapter has violated this chapter or regulations adopted pursuant to it, the department, upon notice and opportunity for hearing in accordance with the Administrative Procedures Act, may order the person to cease and desist from the violations and to comply with this chapter. The department may designate a hearing officer or hearing panel to conduct hearings or take other action as necessary pursuant to this section and may seek the assistance of the Attorney General or the Department of Consumer Affairs in enforcing compliance with this chapter. The department may enforce compliance with an order issued pursuant to this section by the imposition and collection of civil penalties authorized in this chapter.

Section 37-27-150.   The department may order and impose civil penalties upon a person subject to the provisions of this chapter for violations of this chapter or its regulations in an amount not to exceed one thousand dollars for each violation. The department also may order repayment of unlawful or excessive fees charged to customers.

Section 37-27-160.   The department, upon a determination that a violation of Section 34-39-130 is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution. A wilful violation of Section 34-39-130 is a Class B misdemeanor, and each transaction involving unlawful deferred presentment constitutes a separate offense.

Section 27-37-170.   The business of deferred presentment services conducted in accordance with this chapter is not subject to or controlled by any other state statute governing the imposition of interest, fees, or loan charges, or the extension of credit.

Section 37-27-180.   The department may promulgate regulations pursuant to the Administrative Procedures Act necessary to carry out the purposes of this chapter, to provide for the protection of the public, and to assist licensees in interpreting and complying with this chapter.

Section 37-27-190.   (A)   A licensee may not enter into a deferred presentment transaction with a person:

(1)   who has an outstanding deferred presentment transaction with any licensee;

(2)   who has entered into an extended payment plan agreement as provided in Section 34-39-280 which has not been paid in full or terminated; or

(3)   sooner than the seventh day after the date upon which the person last closed out a deferred presentment transaction with any licensee.

(B)   Before entering into a deferred presentment transaction with a person, a licensee shall verify whether the person is eligible to enter into the transaction by inquiring of the person, checking the licensee's records, and accessing the deferred presentment transaction database established pursuant to subsection (C).

(C)   The department shall contract with a single third party database provider to establish and operate a deferred presentment transaction database for the purpose of verifying whether a person is eligible to enter into a deferred presentment transaction. The department shall supervise the establishment and operation of the database and shall ensure that the database provider establishes and operates the database pursuant to the provisions of this section. The department shall have full access to the database and all records related to the database for purposes of supervising the establishment and operation of the database. If the database provider violates a provision of this section, the department shall terminate the contract. The database must have real-time access through an internet connection and be accessible at all times to the department and licensees. The database provider shall establish and maintain a process for responding to transaction verification requests when technical difficulties prevent the licensee from accessing the database through the internet including, but not limited to, verification by telephone. The database must be set up so as to notify the department if a licensee or a person enters into a transaction in violation of the provisions of this section.

(D)   To conduct an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, a licensee shall submit to the database provider such information as the department may require. The response to an inquiry to the database provider by a licensee must state only that a person is eligible or ineligible to enter into a transaction and describe the reason for that determination. The person seeking to enter into the transaction may make a direct inquiry to the database provider to request a more detailed explanation of the basis for the database provider's determination that the person is ineligible to enter into the transaction.

(E)   A licensee shall notify the database provider immediately when the licensee enters into a deferred presentment transaction with a person. The licensee shall submit to the database provider such information as the department requires. When the transaction is closed, the licensee shall designate the transaction as closed and immediately notify the database provider. When the database provider receives notification that the transaction is closed, the database provider immediately shall designate the transaction as closed in the database.

(F)   A licensee shall notify a person seeking to enter into a deferred presentment transaction that the licensee shall access the database to verify whether the person is eligible to enter into a transaction. The licensee also shall notify the person that information related to a new transaction must be entered into the database.

(G)   The database provider may charge a database verification fee to a licensee for an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, if that transaction is consummated by the licensee. The fee must be established by the department and may not exceed the actual cost of verifying a person's eligibility. A licensee may charge a person seeking to enter into a deferred presentment transaction one-half of the actual cost of the verification fee.

(H)   Except as otherwise provided in this section, all personally identifiable information regarding a person contained within or obtained by way of the database is strictly confidential and is exempt from disclosure under the Freedom of Information Act. The database provider and licensees shall use the information collected pursuant to this section only as prescribed in this section and for no other purpose.

(I)   A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database.

Section 37-27-200.   (A)   Subject to the terms and conditions contained in this section, a customer may pay any outstanding deferred presentment transaction by means of an extended payment plan.

(B)   A licensee must enter into a written plan agreement with the customer if the customer, on or before the deferred presentment transaction's due date, requests a plan and signs an amendment to the written agreement that memorializes the plan's terms and must enter the information into the database established in Section 37-27-80 that the customer has an extended payment plan.

(C)   The plan's terms must allow the customer, at no additional cost, to repay the deferred presentment transaction in substantially equal installments over not less than sixty days. Each plan installment must coincide with a date on which the customer receives regular income. The customer may prepay a plan in full at any time without penalty. If the customer fails to pay any plan installment when due, the plan is terminated and the licensee immediately may accelerate and collect the unpaid transaction balance. The licensee may, with each payment under the plan by a customer, provide for the return of the customer's prior held check and require a new check for the remaining balance under the plan.

(D)   A licensee must notify the customer of his plan rights by displaying the following statement, in at least 12-point bold type, on the first page of the written agreement:

'You should use a deferred presentment transaction only for a short-term credit need. If you have a long-term credit need, you should consider a less costly way to borrow money or seek the advice of a nonprofit credit counselor. You may repay this contract through an extended payment plan. If you choose this right, then you must, on or before the date this contract is due, ask for an extended payment plan. You will be asked to sign a new agreement for this extended payment plan. The extended payment plan must let you repay this contract in substantially equal installments over the next sixty days. There will be no additional cost. Each extended payment plan installment must match with a date on which you receive regular income. You may prepay an extended payment plan in full at any time without penalty. If you fail to pay an extended payment plan installment when due, the extended payment plan will end and we may collect immediately the unpaid contract balance.'

Section 37-27-210.   Based upon data provided by the database vendor, the department annually shall report to the General Assembly the following information for loans made in South Carolina in the previous reporting year, specifically the number of:

(1)   loans made in South Carolina by loan amount and the dollar amount of fees collected by loan amount;

(2)   individual borrowers by loan amount and the number of borrowers by the number of times each borrower took out a loan;

(3)   borrowers who chose to pay off their loans through an Extended Payment Plan by loan amount;

(4)   loans that were not paid off in the previous year by loan amount; and

(5)   loans on which the lender submitted the check for collection by loan amount and the number of loans on which the lender took action for collection."

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

/   SECTION __.   (A)   Chapter 39 of Title 34 is repealed.

(B)   All powers, duties, and responsibilities of the Board of Financial Institutions related to deferred presentment services is devolved upon the Department of Consumer Affairs at midnight on December 31, 2008.

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

Amend the bill further, as and if amended, by striking SECTION 3 and inserting:

/   SECTION   3.   Except for the provisions of this act related to deferred presentment services, this act takes effect on July 1, 2007. The provisions of this act related to deferred presentment services take effect on January 1, 2009.     /

Renumber sections to conform.

Amend title to conform.

Point of Order Withdrawn

Senator MARTIN raised a Point of Order on Thursday, May 15, 2008, that Amendment No. 3 was out of order inasmuch as it was violative of Rule 24A and, with unanimous consent, the Point of Order was withdrawn.

Senator MALLOY explained the amendment.

On motion of Senator MARTIN, with unanimous consent, Amendment No. 3 was withdrawn.

Amendment No. 4

Senators LOURIE, MALLOY, HAWKINS, JACKSON, HAYES, PATTERSON and SHORT proposed the following Amendment No. 4 (4058R005.JL), which was adopted:

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

/   SECTION   ___.   A.   Chapter 39 of Title 34 is amended by adding:

"Section 34-39-175.   (A)   The Consumer Finance Division of the Board of Financial Institutions shall implement a common database with real-time access through an internet connection for deferred presentment providers, as provided in this subsection. The board is authorized to enter into a contract with a single source private vendor to develop and operate the database. The database must be accessible to the board and the deferred presentment providers to verify if deferred presentment transactions are outstanding for a particular person. Deferred presentment providers shall submit that data before entering into a deferred presentment transaction and once a deferred presentment transaction has been paid in full, in a format the board requires by rule including the drawer's name, social security number or employment authorization alien number, address, driver's license number, amount of the transaction, date of transaction, the date that the transaction is closed, and additional information required by the board. The board may impose a fee not to exceed one dollar for each transaction for data required to be submitted by a licensee. A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database. The board may adopt rules to administer and enforce the provisions of this section and to ensure that the database is used by licensees in accordance with this section.

(B)   The information provided in the database is limited for the use in determining if a customer is eligible or ineligible to enter into a new deferred presentment transaction and to describe the reason for the determination of eligibility or ineligibility."

B.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

"Section 34-39-270.   (A)   A licensee may not enter into a deferred presentment transaction with a person:

(1)   who has an outstanding deferred presentment transaction with any licensee;

(2)   who has entered into an extended payment plan agreement as provided in Section 34-39-280 which has not been paid in full or terminated; or

(3)   sooner than the seventh day after the date upon which the person last closed out a deferred presentment transaction with any licensee.

(B)   Before entering into a deferred presentment transaction with a person, a licensee shall verify whether the person is eligible to enter into the transaction by inquiring of the person, checking the licensee's records, and accessing the deferred presentment transaction database established pursuant to subsection (C).

(C)   The board shall contract with a single third party database provider to establish and operate a deferred presentment transaction database for the purpose of verifying whether a person is eligible to enter into a deferred presentment transaction. The board shall supervise the establishment and operation of the database and shall ensure that the database provider establishes and operates the database pursuant to the provisions of this section. The board shall have full access to the database and all records related to the database for purposes of supervising the establishment and operation of the database. If the database provider violates a provision of this section, the board shall terminate the contract. The database must have real-time access through an internet connection and be accessible at all times to the board and licensees. The database provider shall establish and maintain a process for responding to transaction verification requests when technical difficulties prevent the licensee from accessing the database through the internet including, but not limited to, verification by telephone. The database must be set up so as to notify the board if a licensee or a person enters into a transaction in violation of the provisions of this section.

(D)   To conduct an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, a licensee shall submit to the database provider such information as the board may require. The response to an inquiry to the database provider by a licensee must state only that a person is eligible or ineligible to enter into a transaction and describe the reason for that determination. The person seeking to enter into the transaction may make a direct inquiry to the database provider to request a more detailed explanation of the basis for the database provider's determination that the person is ineligible to enter into the transaction.

(E)   A licensee shall notify the database provider immediately when the licensee enters into a deferred presentment transaction with a person. The licensee shall submit to the database provider such information as the board requires. When the transaction is closed, the licensee shall designate the transaction as closed and immediately notify the database provider. When the database provider receives notification that the transaction is closed, the database provider immediately shall designate the transaction as closed in the database.

(F)   A licensee shall notify a person seeking to enter into a deferred presentment transaction that the licensee shall access the database to verify whether the person is eligible to enter into a transaction. The licensee also shall notify the person that information related to a new transaction must be entered into the database.

(G)   The database provider may charge a database verification fee to a licensee for an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, if that transaction is consummated by the licensee. The fee must be established by the board and may not exceed the actual cost of verifying a person's eligibility. A licensee may charge a person seeking to enter into a deferred presentment transaction one-half of the actual cost of the verification fee.

(H)   Except as otherwise provided in this section, all personally identifiable information regarding a person contained within or obtained by way of the database is strictly confidential and is exempt from disclosure under the Freedom of Information Act. The database provider and licensees shall use the information collected pursuant to this section only as prescribed in this section and for no other purpose.

(I)   A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database.

Section 34-39-280.   (A)   Subject to the terms and conditions contained in this section, a customer may pay any outstanding deferred presentment transaction by means of an extended payment plan.

(B)   A licensee must enter into a written plan agreement with the customer if the customer, on or before the deferred presentment transaction's due date, requests a plan and signs an amendment to the written agreement that memorializes the plan's terms and must enter the information into the database established in Section 34-29-175 that the customer has an extended payment plan.

(C)   The plan's terms must allow the customer, at no additional cost, to repay the deferred presentment transaction in substantially equal installments over not less than sixty days. Each plan installment must coincide with a date on which the customer receives regular income. The customer may prepay a plan in full at any time without penalty. If the customer fails to pay any plan installment when due, the plan is terminated and the licensee immediately may accelerate and collect the unpaid transaction balance. The licensee may, with each payment under the plan by a customer, provide for the return of the customer's prior held check and require a new check for the remaining balance under the plan.

(D)   A licensee must notify the customer of his plan rights by displaying the following statement, in at least 12-point bold type, on the first page of the written agreement:

'You should use a deferred presentment transaction only for a short-term credit need. If you have a long-term credit need, you should consider a less costly way to borrow money or seek the advice of a nonprofit credit counselor. You may repay this contract through an extended payment plan. If you choose this right, then you must, on or before the date this contract is due, ask for an extended payment plan. You will be asked to sign a new agreement for this extended payment plan. The extended payment plan must let you repay this contract in substantially equal installments over the next sixty days. There will be no additional cost. Each extended payment plan installment must match with a date on which you receive regular income. You may prepay an extended payment plan in full at any time without penalty. If you fail to pay an extended payment plan installment when due, the extended payment plan will end and we may collect immediately the unpaid contract balance.'

Section 34-29-290.   Based upon data provided by the database vendor, the Board of Financial Institutions annually shall report to the General Assembly the following information for loans made in South Carolina in the previous reporting year, specifically the number of:

(1)   loans made in South Carolina by loan amount and the dollar amount of fees collected by loan amount;

(2)   individual borrowers by loan amount and the number of borrowers by the number of times each borrower took out a loan;

(3)   borrowers who chose to pay off their loans through an Extended Payment Plan by loan amount;

(4)   loans that were not paid off in the previous year by loan amount; and

(5)   loans on which the lender submitted the check for collection by loan amount and the number of loans on which the lender took action for collection."

C.   Section 34-39-130 of the 1976 Code is amended by adding at the end:

"(C)   A person may not engage in the business of deferred presentment services with a customer residing in this State, whether or not that person has a location in South Carolina, except in accordance with the provisions of this chapter and without having first obtained a license pursuant to this chapter.

(D)(1)   A licensee pursuant to this chapter may not offer, arrange, act as an agent for, or assist a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations including this chapter.

(2)   This prohibition does not apply to the arranger, agent, or assistant to a state or federally chartered bank, thrift, savings association, or credit union if, upon review of the entire circumstances, the state or federally chartered bank, thrift, savings association, or credit union:

(a)   initially advanced the loan proceeds to the customer;

(b)   maintained a preponderant economic interest in the loan after its initiation; and

(c)   developed the deferred deposit transaction product or products on its own without involvement of the licensee.

(3)   If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or credit union in the making of a deferred deposit transaction and the licensee demonstrates that the standards in item (2)(a), (b), and (c) are met, the licensee must comply with all other provisions of this chapter to the extent that they are not preempted by other federal or state law."

D.   Section 34-39-150(C) and (D) of the 1976 Code is amended to read:

"(C)   The application must be accompanied by payment of an application fee of two hundred fifty dollars five hundred dollars and an investigation fee of five hundred dollars. These fees are not refundable or abatable. If the license is granted, however, payment of the application fee satisfies the fee requirement for the first license year or its remainder.

(D)   A license expires annually and may be renewed upon payment of a license fee of two hundred fifty dollars five hundred dollars. The annual license renewal fee for an applicant with more than one location is two hundred fifty five hundred dollars for the first location and fifty one hundred dollars for each additional location. All license fees collected must be remitted to the general fund."

E.   Section 34-39-180 of the 1976 Code, as added by Act 433 of 1998, is amended to read:

"Section 34-39-180.   (A) A licensee may defer the presentment or deposit of a check for up to thirty-one days pursuant to the provisions of this section. The total amount advanced by all licensees to any customer for deferred presentment or deposit may not exceed the lesser of twenty-five percent of the customer's gross income during the term of the loan or five hundred dollars, exclusive of the fees allowed in Section 34-39-180(E). A licensee may not advance to a customer an amount for deferred presentment or deposit which causes this limit to be exceeded by that customer.

(B)   Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee. The written agreement also must contain plain language developed by the board which sufficiently informs the customer regarding the nature of deferred presentment services, the deferred presentment service process, the customer's rights pursuant to this chapter, information to file complaints with the South Carolina Department of Consumer Affairs, and other information the board may require.

(C)   The board shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement with a customer.

(D)   A licensee shall may not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the face amount of the check advanced for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may be is imposed only once for each written agreement.

(E)   A check accepted for deferred presentment or deposit pursuant to this chapter may must not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee shall may not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer. A licensee shall not enter into a deferred presentment agreement with a customer who has entered into an extended payment plan agreement with any licensee as provided in Section 34-39-280.

(F)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall may not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(G)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(H)   The board shall develop a form that must be used by all licensees to calculate the maximum amount of funds it may lend a customer based on the customer's income during the term of the loan as required by subsection (A). The form and copies of the documentation verifying the customer's income shall be maintained by the licensee and a copy of both attached to the written agreement signed by the customer."

F.   Section 34-39-200 of the 1976 Code is amended to read:

"Section 34-39-200.   A person required to be licensed pursuant to this chapter may not:

(1)   charge fees in excess of those authorized by this chapter;

(2)   engage in the business of:

(i)     making loans of money or extension of credit;

(ii)   discounting notes, bills of exchange, items, or other evidences of debt; or

(iii)   accepting deposits or bailments of money or items, except as expressly provided by Section 34-39-180;

(3)   use or cause to be published or disseminated advertising communication which contains false, misleading, or deceptive statements or representations;

(4)   conduct business at premises or locations other than locations licensed by the board;

(5)   engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;

(6)   alter or delete the date on a check accepted by the licensee;

(7)   accept an undated check or a check dated on a date other than the date on which the licensee accepts the check;

(8)   require a customer to provide security for the transaction or require the customer to provide a guaranty from another person;

(9)   engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, provided, however except, that a sale of money orders, or postage stamps, and the payment of utility bills with no additional a fee to the customer that does not exceed one percent of the bill being paid, vending machines for food or beverage, facsimile services, Western Union wire transfer or money transmitter services, or rental of postal boxes at rates not higher than allowed by the United States Postal Service is are not the sale sales of goods or services prohibited by this subsection;

(10)   be licensed pursuant to Section 12-21-2720(a)(3) to operate a video poker machine; or

(11)   permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter. ; or

(12)   broker or arrange a deferred presentment transaction on behalf of a third-party lender, unless the transaction complies with the provisions of this chapter and is not preempted by federal law."

G.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

"Section 39-34-205.   On-premises advertising by a licensee may not contain false, misleading, or deceptive statements or representations. The board must promulgate regulations necessary to administer and enforce this section."

H.   Section 34-39-170 of the 1976 Code is amended by adding an appropriately numbered new item to read:

"( )   A licensee and a customer may not enter into an electronic funds transfer agreement to make automatic debited loan payments for any portion of a deferred presentment agreement."

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

J.   This SECTION takes effect January 1, 2009.       /

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator LOURIE moved that the amendment be adopted.

Amendment No. 1

Senator KNOTTS proposed the following Amendment No. 1 (JUD4058.003), which was withdrawn:

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

/ SECTION   __.   A.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   caskets, cremation caskets or containers, vaults, urns, and markers used in the burial or cremation of human remains;"

B.   Notwithstanding the general effective date for this act, this section takes effect July 1, 2008. /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

On motion of Senator KNOTTS, with unanimous consent, the amendment was withdrawn.

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

H. 4058--Ordered to a Third Reading

On motion of Senator MARTIN, with unanimous consent, H. 4058 was ordered to receive a third reading on Friday, May 23, 2008.

RECESS

At 1:53 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:42 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 2:42 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bryant                    Campsen
Cromer                    Hutto                     Land
Leatherman                Lourie                    Martin
Massey                    McConnell                 Rankin
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Verdin

A quorum was not present.

Call of the Senate

Senator MARTIN moved that another Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bryant                    Campsen
Ceips                     Cleary                    Cromer
Drummond                  Fair                      Hawkins
Hayes                     Hutto                     Knotts
Land                      Leatherman                Lourie
Malloy                    Martin                    Massey
Matthews                  McConnell                 Peeler
Rankin                    Reese                     Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Vaughn                    Verdin

A quorum being present, the Senate resumed.

Message from the House

Columbia, S.C., May 22, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

H. 4800--GENERAL APPROPRIATIONS BILL

Very respectfully,
Speaker of the House

REPORT OF THE COMMITTEE OF CONFERENCE ADOPTED

H. 4800--GENERAL APPROPRIATIONS BILL

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

The question then was the adoption of the Report of the Committee of Conference on H. 4800, the General Appropriations Bill.

Senator LEATHERMAN explained the Report of the Committee of Conference.

The Report of the Committee of Conference to H. 4800, the General Appropriations Bill, was adopted.

(The report may be accessed at www.scstatehouse.net or Doc. No.P:\Legwork\Senate\Amend\BBM\10662HTC.doc and is incorporated herein by reference.)

, and a message was sent to the House accordingly.

Recorded Vote

Senators RYBERG, BRYANT, CEIPS and KNOTTS desired to be recorded as voting against the adoption of the Report of the Committee of Conference.

Statement by Senators RYBERG and BRYANT

We voted against H. 4800, the annual Appropriations Bill, because in a year of a shortfall of hundreds of millions of dollars, this Bill appropriated tens of millions of dollars to special projects while simultaneously cutting state agencies by more than 4%. The across the board cut of all state agencies, furthermore, reflects the complete lack of courage to prioritize the functions of state government and appropriate for them accordingly. Finally, the budget shortfall we find ourselves in resulted from the uncontrolled and irresponsible spending of the last several years. The General Assembly failed, in those years, to lay the foundation to withstand years like this one inasmuch as it spent nearly every dime it received and applied hundreds of millions dollars in one-time revenue to annual programs. I oppose this budget and the method by which it has been constructed.

H. 4800--ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 22, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Very respectfully,
Speaker of the House

REPORT OF THE COMMITTEE OF CONFERENCE ADOPTED

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

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

The question then was the adoption of the Report of the Committee of Conference on H. 4801, the Capital Reserve Fund Act.

Senator LEATHERMAN explained the Report of the Committee of Conference.

The Report of the Committee of Conference to H. 4801, the Capital Reserve Fund Act, was adopted as follows.

H. 4801--Conference Report
The General Assembly, Columbia, S.C., May 22, 2008

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.

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

That the same do pass with the following amendments:

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

/   SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2007-2008 the following amounts:

(1)   Department of Education

School Bus Operations                                   $20,853,307 (2) Election Commission General Election 2008 3,125,000 (3) Department of Parks, Recreation & Tourism Destination Specific Grants 5,000,000 (4) Clemson University LightRail 800,000 (5) University of South Carolina-Columbia LightRail 800,000 (6) Medical University of South Carolina LightRail 800,000 (7) Commission on Higher Education Research Authority - Hydrogen Grants 2,500,000 Total$33,878,307

SECTION   2.   The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.

SECTION   3.   This joint resolution takes effect thirty days after the completion of the 2007-2008 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code.   /

Amend title to conform.

/s/Honorable Hugh K. Leatherman   /s/Honorable Daniel T. Cooper
/s/Honorable John C. Land III     /s/Honorable James H. Merrill
/s/Honorable Harvey S. Peeler     /s/Honorable Joseph H. Neal
On Part of the Senate.             On Part of the House.

, and a message was sent to the House accordingly.

H. 4801--ENROLLED FOR RATIFICATION

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 22, 2008, at 3:11 P.M. and the following Acts and Joint Resolutions were ratified:

(R281, S. 111 (Word version)) -- Senators Leventis, Knotts and Scott: AN ACT TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC-CONTROL SIGNALS, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A DRIVER OF A MOTORCYCLE OR MOPED, OR A BICYCLE RIDER MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE THAT IS DISPLAYING A STEADY RED LIGHT.
L:\COUNCIL\ACTS\111CM08.DOC

(R282, S. 638 (Word version)) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts, Ryberg, Ceips, O'Dell, McGill and Malloy: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT BODY TO ADOPT, BY ORDINANCE, RESOLUTION, OR POLICY STATEMENT, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
L:\COUNCIL\ACTS\638CM08.DOC

(R283, S. 991 (Word version)) -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120 SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200 RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL.
L:\COUNCIL\ACTS\991AHB08.DOC

(R284, S. 1048 (Word version)) -- Senators Martin and Alexander: AN ACT TO AMEND SECTION 61-4-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION, LICENSING AND TAXING REQUIREMENTS ARE MET, AND THE COUNTY OR MUNICIPAL GOVERNING BODY ADOPTS AN ORDINANCE PERMITTING WINE SALES ON SUNDAY.
L:\COUNCIL\ACTS\1048AHB08.DOC

(R285, S. 1085 (Word version)) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
L:\COUNCIL\ACTS\1085AB08.DOC

(R286, S. 1161 (Word version)) -- Senator Williams: AN ACT TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
L:\COUNCIL\ACTS\1161DW08.DOC

(R287, S. 1339 (Word version)) -- Senators Leatherman and McGill: AN ACT TO AMEND ACT 1095 OF 1962, RELATING TO THE LOWER FLORENCE COUNTY HOSPITAL DISTRICT, TO PROVIDE THAT THE DISTRICT SHALL BE COMPRISED OF THAT PORTION OF FLORENCE COUNTY THAT IS SOUTH OF THE LYNCHES RIVER.
L:\COUNCIL\ACTS\1339DW08.DOC

L:\COUNCIL\ACTS\3567MM08.DOC

(R289, H. 3906 (Word version)) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
L:\COUNCIL\ACTS\3906AC08.DOC

L:\COUNCIL\ACTS\4328AHB08.DOC

(R291, H. 4735 (Word version)) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY MUST BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
L:\COUNCIL\ACTS\4735BB08.DOC

(R292, H. 4750 (Word version)) -- Reps. Cobb-Hunter and McLeod: AN ACT TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, PROVIDE TYPES OF DISCIPLINARY ACTION THAT MAY BE TAKEN, REQUIRE THAT DISCIPLINARY ACTION OCCUR SUBJECT TO THE ADMINISTRATIVE PROCEDURES ACT, AND REQUIRE A PERSON WHO HAS UNDERTAKEN UNLAWFUL CONDUCT TO REPAY COSTS OF ENFORCEMENT OF THE CHAPTER; BY ADDING SECTION 37-11-125 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE AN ACTION IN THE ADMINISTRATIVE LAW COURT OR CIVIL COURT TO ENFORCE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM DISCIPLINARY PROCEDURES, SO AS TO PROVIDE THAT EXEMPT COMMUNITIES MUST OBTAIN A LETTER OF NONAPPLICABILITY; BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT FUNDS COLLECTED BY THE DEPARTMENT MUST BE USED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 37-11-140, RELATING TO THE EFFECTIVE DATE OF THE CHAPTER, SO AS TO DELETE OBSOLETE PROVISIONS.
L:\COUNCIL\ACTS\4750BB08.DOC

(R293, H. 4800) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
L:\COUNCIL\ACTS\4800HTC08.DOC

(R294, H. 4801 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
L:\COUNCIL\ACTS\4801HTC08.DOC

L:\COUNCIL\ACTS\4876SD08.DOC

Status Report of the Committee of Conference

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

Senator McCONNELL was recognized to give a status report of the Committee of Conference on H. 3032.

OBJECTION

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

Senator McCONNELL asked unanimous consent to make a motion to make the Bill a Special Order.

Senator KNOTTS objected.

Senator MARTIN moved that the Senate revert to the Motion Period.

The Senate agreed to revert to the Motion Period.

THE SENATE REVERTED TO THE MOTION PERIOD.

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

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

The Bill was made a Special Order.

LOCAL APPOINTMENT
Confirmation

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

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Michelle Branch Howard, 2364 Lang Road, Columbia, SC 29204 VICE Mildred W. McDuffie