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

Wednesday, June 25, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

Pursuant to the provisions of S. 838, the Sine Die Resolution, the Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

As the prophet, Hosea, urges: " 'Come, let us return to the Lord'."
(Hosea 6:1)

Please join me as we bow in prayer, friends:
Gracious God, we thank You for being there with us in all the moments of our life: when we find time to relax and unwind, when we discover the world as we experience it to be unraveling around us, when we gather together to carry out Your work. You are always there, calling us back to serve You faithfully and well. Today these Senators and their staff members have themselves returned to this Chamber, O Lord, to attend to particular tasks that remain for them. Guide these leaders as they strive to determine Your will in the matters before them, doing so for the benefit of all of the citizens of this State we love. In Your name we pray, dear Lord.
Amen.

RATIFICATION OF ACTS

Pursuant to the provisions of S. 838, the Sine Die Resolution, an invitation was extended to the Honorable Speaker and House of Representatives to appear in the Senate Chamber on June 10, 2008, at 3:30 P.M. and the following Acts and Joint Resolution were ratified:

(R400, S. 96 (Word version)) -- Senators Sheheen and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-4155 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO AMEND THE DEFINITION OF "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; AND TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN FOOD-SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO DEFINE THE TERMS "KITCHEN", "MEAL", AND "PRIMARILY" FOR PURPOSES OF THE SECTION.
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(R403, S. 577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.
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(R405, S. 669 (Word version)) -- Senator Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT AN INSURER THAT IS RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM; SECTION 43-7-410, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 43-7-420, RELATING TO THE ASSIGNMENT OF RIGHTS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO PROVIDE THAT APPLYING FOR OR RECEIVING MEDICAID BENEFITS CREATES A REBUTTABLE PRESUMPTION THAT THE PERSON WAS INFORMED OF THE ASSIGNMENT OF HIS RIGHT TO THE DEPARTMENT TO RECOVER FROM A THIRD PARTY AMOUNTS PAID BY MEDICAID; TO AMEND SECTION 43-7-430, RELATING TO SUBROGATION TO THE DEPARTMENT OF THE RIGHT TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO DELETE OBSOLETE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF AND SUPERIORITY OF THE DEPARTMENT'S SUBROGATION RIGHTS, SO AS TO DELETE OBSOLETE REFERENCES AND MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-460, AS AMENDED, RELATING TO RECOVERY FROM ESTATES OF MEDICAID RECIPIENTS AMOUNTS PAID FOR SERVICES THROUGH MEDICAID, SO AS TO DELETE OBSOLETE LANGUAGE, MAKE TECHNICAL CORRECTIONS, AND TO REVISE THE DEFINITION OF "IMMEDIATE FAMILY MEMBER" TO INCLUDE GRANDCHILDREN; TO AMEND SECTION 38-79-130, RELATING TO THE POWERS OF SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, INCLUDING THE POWER TO ISSUE MEDICAL MALPRACTICE POLICIES, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE ITS POLICY LIMITS UP TO ONE MILLION DOLLARS PER CLAIM AND THREE MILLION DOLLARS FOR ALL CLAIMS IN ANY ONE YEAR UPON APPROVAL OF THE BOARD; TO AMEND SECTION 38-79-420, AS AMENDED, RELATING TO THE CREATION OF THE PATIENTS' COMPENSATION FUND, INCLUDING PAYMENT OF MEDICAL MALPRACTICE CLAIMS IN EXCESS OF POLICY LIMITS, SO AS TO AUTHORIZE THIS FUND TO ALSO MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; TO AMEND SECTION 38-79-430, RELATING TO THE CREATION OF THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 39-79-480, RELATING TO ACTIONS FOR DAMAGES ARISING OUT OF THE RENDERING OF MEDICAL SERVICES, SO AS TO PROVIDE THAT THE PATIENTS' COMPENSATION FUND ALSO MAY MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; AND TO AMEND SECTION 38-29-40, RELATING TO INSURANCE POLICIES, ANNUITY CONTRACTS, AND OTHER CONTRACTS TO WHICH THIS CHAPTER, THE "SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION", DOES OR DOES NOT APPLY, SO AS TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO POLICIES OR CONTRACTS TO THE EXTENT THAT REQUIRED ASSESSMENTS OF MEMBERS OF THE ASSOCIATION ARE PREEMPTED BY FEDERAL OR STATE LAW.
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(R406, S. 987 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-21-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT AND THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS; TO AMEND SECTION 50-21-130, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES; AND TO AMEND SECTION 23-28-100, AS AMENDED, RELATING TO UNIFORMS AND EQUIPMENT OF RESERVE POLICE OFFICERS, SO AS TO PROVIDE THAT, IN THE DISCRETION OF THE CHIEF, A RESERVE OFFICER MAY WEAR PLAIN CLOTHES OR ANOTHER UNIFORM THAT IS CONSISTENT WITH HIS DUTIES.
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(R408, S. 1376 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R409, H. 3033 (Word version)) -- Reps. Clemmons, Mahaffey and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
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(R410, H. 3094 (Word version)) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER WHO HAS BEEN CONVICTED OF CERTAIN CRIMES TO RESIDE IN CERTAIN AREAS, TO PROVIDE IF A LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT A SEX OFFENDER HAS VIOLATED THIS PROVISION, THE AGENCY MUST PROVIDE THE SEX OFFENDER WITH A LIST OF AREAS IN WHICH HE IS NOT PERMITTED TO RESIDE AND THAT HE MUST VACATE HIS RESIDENCE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE WHOSE PENALTIES EXCEED OR ARE LESS LENIENT THAN THE PENALTIES CONTAINED IN THIS SECTION, TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE CERTAIN INFORMATION REGARDING SEX OFFENDERS OR THE SEX OFFENDER REGISTRY TO THE PARENTS OR GUARDIANS OF ITS STUDENTS OR ON THE SCHOOL DISTRICT'S WEB SITE, TO PROVIDE THAT LOCAL LAW ENFORCEMENT AGENCIES MUST DETERMINE WHETHER EACH SCHOOL DISTRICT COMPLIES WITH THIS PROVISION, AND TO PROVIDE A PENALTY FOR SCHOOL DISTRICTS THAT FAIL TO COMPLY WITH THIS PROVISION; AND AMEND SECTION 23-3-470, RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER AS A SEX OFFENDER, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE VIOLATION OF THIS PROVISION.
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(R411, H. 3212 (Word version)) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS BY A RESIDENT OF A RECIPROCAL STATE MUST BE HONORED IF THE RECIPROCAL STATE REQUIRES A CRIMINAL BACKGROUND CHECK AND A FIREARM TRAINING AND SAFETY COURSE AND TO DELETE THE REQUIREMENT THAT SLED DETERMINE WHICH STATES MEET THIS STANDARD.
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(R412, H. 3309 (Word version)) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-415 SO AS TO PROHIBIT THE PAYMENT, IMPOSITION, OR COLLECTION OF A FRANCHISE FEE WITH RESPECT TO ELECTRICAL POWER PROVIDED TO THE STATE BY A UTILITY UNDER THE "STATELINE ACCOUNTS" AND TO REQUIRE A UTILITY TO EXCLUDE SALES REVENUE ACCRUED FROM "STATELINE ACCOUNTS" WHEN CALCULATING A FRANCHISE FEE OWED TO A MUNICIPALITY.
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(R415, H. 3798 (Word version)) -- Rep. G.R. Smith: AN ACT TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO AUTHORIZE THE CHIEF OR SPIRITUAL LEADER OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO PERFORM MARRIAGE CEREMONIES.
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(R416, H. 3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.
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(R417, H. 3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION 38-59-25 SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.
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(R418, H. 4320 (Word version)) -- Reps. Whipper, Clyburn, R. Brown and Hosey: AN ACT TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT; BY ADDING SECTION 59-63-35 SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF TITLE 59.
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(R419, H. 4344 (Word version)) -- Reps. M.A. Pitts and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.
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(R420, H. 4511 (Word version)) -- Rep. Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-187 SO AS TO ENACT "TYLER'S LAW", TO PROVIDE A CIVIL PENALTY FOR A PARENT OR GUARDIAN WHO KNOWINGLY AND WILFULLY PERMITS HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A LEARNER'S PERMIT OR IN VIOLATION OF PERMIT RESTRICTIONS, TO PROVIDE RELATED ENFORCEMENT PROCEDURES, EXEMPTIONS, AND LIMITS ON ADMISSIBILITY OF A FINE IMPOSED UNDER THIS SECTION FOR CERTAIN OTHER PURPOSES; AND TO REPEAL SECTION 56-1-1750, RELATING TO A PHOTOGRAPH OF AN APPLICANT FOR A MOPED DRIVER'S LICENSE.
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(R422, H. 4745 (Word version)) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS AND TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT; AND TO ADD SECTION 6-21-185 SO AS TO PROVIDE FOR A SPECIAL PURPOSE DISTRICT TO GIVE A MORTGAGE TO SECURE A BOND OR LOAN UNDER SPECIFIC CIRCUMSTANCES.
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(R423, H. 4747 (Word version)) -- Rep. Harrison: AN ACT 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 4 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.
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(R424, H. 4754 (Word version)) -- Reps. G.R. Smith and Hamilton: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY, THE GOVERNING BODY OF THE COUNTY, AND THE LEGISLATIVE DELEGATION OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES.
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(R425, H. 4867 (Word version)) -- Reps. Cato, Harrell, Haley and Viers: AN ACT TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO ENGAGE IN THE PRACTICE OF ACCOUNTANCY, TO RENDER CERTAIN ACCOUNTING SERVICES, AND TO USE CERTAIN ACCOUNTANCY TITLES, SO AS TO PROVIDE THAT OUT-OF-STATE LICENSEES WHO QUALIFY FOR A PRACTICE PRIVILEGE AND OUT-OF-STATE FIRMS THAT MEET CERTAIN REQUIREMENTS MAY ALSO RENDER SPECIFIED ACCOUNTING SERVICES AND USE CERTAIN TITLES WITHOUT BEING LICENSED OR REGISTERED IN THIS STATE; TO AMEND SECTION 40-2-35, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO REQUIRE ONE YEAR, RATHER THAN TWO YEARS, OF ACCOUNTING EXPERIENCE; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN ACCOUNTING SERVICES WITHOUT BEING REGISTERED; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN OUT-OF-STATE LICENSEE TO OBTAIN ACCOUNTANCY PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
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(R426, H. 4899 (Word version)) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2010.
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(R427, H. 4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".
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(R428, H. 4953 (Word version)) -- Reps. Cooper, Harrell and Bingham: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
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The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Gerald W. Barron, Jr., 20 Farrell Kirk Lane, Greenville, SC 29615

Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Thomas L. Harvin, Jr., 37 Woodlake Drive, Manning, SC 29102 VICE Joseph Postel

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
Lyman Wayne Davis, 608 North Weston Street, Fountain Inn, SC 29644

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Tomothy C. Edmond, 217 Pointer Dr., Hopkins, SC 29061 VICE Valarie Stoman-Boyd

Initial Appointment, Savannah River Site Redevelopment Authority, with the term to commence October 21, 2006, and to expire October 21, 2010
Allendale County:
Sara Louise O'Neal, P. O. Box 646, Fairfax, SC 29827 VICE Dan Cannady

The following was received and referred to the appropriate committee for consideration:

Document No. 3213
Agency: Department of Insurance
SUBJECT: Annual Audited Financial Reporting Regulation
Received by Lieutenant Governor June 13, 2008
Referred to Banking and Insurance Committee
Legislative Review Expiration May 20, 2009

Leave of Absence

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

Leave of Absence

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

Leave of Absence

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

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

Presentation to Senator PATTERSON

On motion of Senator PEELER, with unanimous consent, Senator PATTERSON was escorted to the podium by Senators McCONNELL and LAND upon the occasion of his retirement from the Senate.

Senators PEELER, McCONNELL, LAND, and MATTHEWS addressed the Senate with remarks.

On motion of Senator PEELER, with unanimous consent, S. 1424 was published.

S. 1424 (Word version) -- Senators McConnell, Anderson, Alexander, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE KAY PATTERSON, OF RICHLAND COUNTY, FOR HIS TWENTY-THREE YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF SENATE DISTRICT 19, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

Whereas, for twenty-three years, the Honorable Kay Patterson has represented the citizens of District 19 in Richland County with consistent integrity in the Senate of this great State, in addition to his prior eleven years of service in the South Carolina House of Representatives, for a total of thirty-four years as a legislator; and

Whereas, born in Darlington County on January 11, 1931, the son of James and Leila Patterson, Senator Patterson was reared in Darlington and Sumter counties by his grandmothers, Mrs. Meta Patterson and Mrs. Emma Joseph. In 1949, he graduated from Lincoln High School in Sumter and began preparing himself for a long and multifaceted career, beginning with two years of work at Claflin College, where he joined Omega Psi Phi Fraternity and Edisto Lodge No. 39 Prince-Hall Masons; and

Whereas, following two years of service in the United States Marine Corps as a buck sergeant, he earned a bachelor's degree at Allen University and pursued additional education at Temple University, also attending an NDEA Institute in Black History at Atlanta University in 1963; and

Whereas, Senator Patterson received his master's degree in education from South Carolina State College in 1971, and, in more recent years, he received honorary doctor of laws degrees from both South Carolina State University and the University of South Carolina; and

Whereas, he taught for fourteen years at W.A. Perry Middle School, C.A. Johnson High School, and Benedict College and served for sixteen years as a UniServ representative for the South Carolina Education Association, from which he retired in 1986; and

Whereas, outspoken and fiery in the advocacy of causes he believes in, this long-time public servant began his career at the State House in 1974 with election to the South Carolina House of Representatives, capturing a seat he filled until 1985, when he was elected to the Senate. In 1983, he was elected by the South Carolina House Education and Public Works Committee to serve on the University of South Carolina Board of Trustees, the first African-American to be so honored since Reconstruction. In 1990, he served as chairman of the South Carolina Legislative Black Caucus; and

Whereas, Senator Patterson presently lends his expertise to five Senate committees: Banking and Insurance, Corrections and Penology, Education, Finance, and Invitations. He also serves as chairman of the Richland County Legislative Delegation and was honored in the BellSouth 2003 South Carolina African-American History Calendar; and

Whereas, married to Jean James of Pinewood, he is the father of Eric (deceased) and Pamela, as well as proud grandfather of Eric, Jr., Ashley, and Courtland. Senator Patterson is a member of St. Luke's Episcopal Church, where he has served as senior warden, secretary, and treasurer of the vestry. He is active in many civic and community organizations and is a life member of the NAACP; and

Whereas, Kay Patterson's colleagues in the Senate, understanding that he will not seek re-election, wish to express their deepest gratitude for his dedicated service to the people of District 19, as well as their sincere wishes for enjoyable challenges in the years ahead. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, commend the Honorable Kay Patterson, of Richland County, for his twenty-three years of faithful service to the citizens of Senate District 19, and wish him happiness and fulfillment in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Kay Patterson.

Remarks by Senator PEELER

"Mr. PRESIDENT, Members of the Senate, I want you to think about your mama just for a minute. More specifically, think about your mama's cooking. I think your wives won't like this, but you'll have to agree, nobody cooks like your mama. Nobody. Everybody's mama, no matter what they cook, has a specialty. Something special that they cook that's just a little bit better than anything else they cook. For my mama, it's red velvet cake. She can cook the best red velvet cake that you've ever tasted in your life. If you sit down at the table for a piece of Sally Peeler's red velvet cake and a glass of sweet milk, everything is right with the world. So, you can just imagine when my mama called me one day and said, 'Son, I want you to stop by the house on the way down to Columbia. I've got something I want you to take.' I said, 'Ok.' So, I stopped by there and sittin' on the kitchen table was the most beautiful red velvet cake you've ever seen. I thought it was for me. 'Cause, see, it's all about me. I said, 'mama, thank you.' She said, 'I want you to take that to Columbia.' I said, 'For what?' She said, 'I want you to take that to Senator PATTERSON.' I said, 'Why?' She said, 'Because deep down inside, Senator PATTERSON loves you and Bob.' I said, 'Well, what's that got to do with me taking red velvet cake to Columbia?' She said, 'I want you to take that to Senator PATTERSON and don't you touch it on the way down there. You give it to him'."

"So, Senator PATTERSON, she was right. I know, deep down inside, you love Bob and me. And, you know, deep down inside, we love you."

"Senator Patterson, you have taken this podium time and time again. I listened to you and sometimes you made me laugh and sometimes you made me mad. But, every time, you made me think. Every time you took this podium, you made me think. And, as Senator STROM THURMOND would say: 'Really and truly, you are a credit to your community'."

Remarks by Senator McCONNELL

I can tell you, from the Senator from Greenwood and myself--who have both served in the PRESIDENT Pro Tempore's position--there have been those moments--and you can recall when we have needed your advice, Senator PATTERSON--and you gave it. There have been some very difficult moments along the way; but, one of the things I think is very telling about Senator PATTERSON is that he loves this institution. How many times has he stood up for the Senate and when we got into rough moments, he would stand up and say, "Gentlemen, we need to stop and think."

One time I remember when Senator DRUMMOND was trying to get something accomplished and we were not together, Senator PATTERSON got up and said, "All he is asking you to do is to do the following." And, Senator PATTERSON explained it in a tone and a way that made us listen, because we know he sits over there in that seat, and he keeps his South Carolina Policy Council score.

You monitor every vote to make sure we know the right way to vote on specific issues. I'm always inspired by your BIPEC ratings, which have always been below the zero or minus. I think on one year, I got down there with you, and I got concerned. I said, "Senator, I am approaching your ratings in the BIPEC."

We are going to miss that. We are going to miss your humor. We are going to miss your generosity. We are going to miss your spirit here and the cohesive nature of your role in this body. I'm going to miss you, especially when I get up to criticize The State editorials, your favorite newspaper--you are always there to inspire me on.

I have served in this Senate with some greats--JOHN DRUMMOND and others. I count you as one of those people in that "great" category. You are one who came here and became part of this institution. You have loved this institution, protected it, and enriched it. This State is a better State because of your service here. We wish you the best. We are going to miss you. I hope somebody is going to get up and ask where is the Policy Council on this, because we could always depend on you for that. But I just want you to know that your great spirit is to be admired. You are about the Senate, about the people of South Carolina, and about lifting people upward.

God bless you, and we wish you good health and the best in the years to come.

Thank you.

Remarks by Senator LAND

Mr. PRESIDENT, Ladies and Gentlemen of the Senate, this is really a sad day for me because Senator PATTERSON and I were elected to the House of Representatives in 1974, and took our seats over there together in 1975. We took our seats over in the South Carolina House of Representatives, and we didn't know a thing; but, we thought we knew everything. We had a long learning experience--twenty-four years with service in the House and Senate. Senator, I want you to know that I have learned a great deal from you. You have taught me so much.

I think I speak for every member of the General Assembly who has worked with you when I say that you have been a total gentlemen the entire time you have served. You have been an enlightenment to all of us in the way you have conducted yourself. What has impressed me more than anything about the Senator from Richland--Senator PATTERSON--is that he has always been true to himself as to what he believed, and he always had the intestinal fortitude to say it--no matter if he was the only one or he had the unanimous backing of this Senate. He always had the courage to tell it like it was. And Senator, when you told it like it was, there was always a benefit for South Carolina because some of us were not strong enough to stand up and tell it like it was. You have been true to yourself, to the people of South Carolina, and as the Senator from Charleston just said, we are truly a better State because we had your guidance and your participation for twenty-four years in this General Assembly. I just don't know of another person who has added as much to the growth of South Carolina from a social standpoint.

As you know, when we came here in 1975, we were not the State we are today. We did not treat people like all of us were South Carolinians. We treated them differently. We didn't educate them like we do now. We treated certain people in this society differently than we do now. You lived through all of that, and you brought the two sides together to make one South Carolina, and you are to be commended for that. You are so important to this State and to this institution by your service - I just cannot say enough about what you have done.

As I said about Senator DRUMMOND when we talked about the Confederate flag and the decision that we made in doing that--that was hard, because men of goodwill on both sides of the issue saw that it was something that was not moving South Carolina forward and was actually causing us to be divided when we needed to be in unity with one another. You, along with the others, sat down, and we came to terms, some with tears in our eyes, but we came to terms, and we made a compromise. With the strength of your convictions and watching you move this State forward in difficult times and we do, Senator from Charleston, live in a better State because Senator KAY PATTERSON chose public service and served in this House and this Senate.

I thank you and the people of South Carolina thank you. God bless you.

Remarks by Senator MATTHEWS

It's a great day for our State but it's a sad day for me personally. Senator PATTERSON and I came to the South Carolina Senate together. I always tell people that I have many acquaintances but only three friends; and one of those friends is KAY PATTERSON. Through the last 24 years of serving with him in the Senate, sitting together you can really get to know somebody when you're listening to filibusters and long debates. We talked to each other about our hopes, our sadness, the things we want for our State. But you know, Senator PATTERSON has taught us all a great lesson--that you should stand up for what you believe. Sometimes what you believe in might not be as popular as what other members of the Senate believe in, but Senator PATTERSON stood his ground. And history will record that he has been the conscience of this Senate. When things have gone wrong, he stood up. When things have gone bad or good, whatever the side was, he served as the conscience of our Senate. And so I think that history will record that he will be one of the greatest Senators that has ever served this body.

One day KAY and I were talking and I said, "KAY, I'm taking these vitamins and I'm feeling good now. I think I might stay a little while longer." KAY said, "Man, I've had enough of this. I'm going home. Things have changed." I said, "KAY, sometimes the agenda that you and I brought here together to try and bring about change and our goal to make this State one South Carolina is hard. But, it's worth fighting for. Because when we get to the point that this is one South Carolina, all of us will be better off." And KAY said, "Keep on fighting, brother, but I'm going home."

But I can see progress, Senator, from where we used to be to where we are. And I think the leadership of this Senate will miss you; the State will miss you; and I will miss you, my friend. I will always be here and I'll be looking forward to meeting with you and talking to you. I told KAY the other day that I know when he gets home, he is going to get lonely. So I'm going to save him a page spot in my office so he can come back and legitimately be here.

So, Senator, as you go to your retirement, remember this... you will be missed; the people of this State will always miss you for your service. There is no better tribute I can say to a fellow man than this: the greatest thing that you can leave for anybody--your children, your community or your church--is an example. This gentleman, KAY PATTERSON, will leave an example of what a Senator ought to be about. Senator PATTERSON, my friend, I love you. I'll miss you; and along with the citizens of the State of South Carolina, we thank you.

Remarks by Senator PATTERSON

Thank you, Mr. PRESIDENT, members of the Senate, ladies and gentlemen. My immediate family is here with me and I want to introduce them: my wife, Jean James of Pine Wood. Please stand. Oh, don't be ashamed of your husband. Stand up. My daughter, Pamela Patterson Lackey, and my sister-in-law, Audrey Snead. That's my immediate family. Thank you very much.

I guess the first thing I ought to do is let you know that I'm glad to be here. When you've reached seventy-seven years of age--pacemaker, breast cancer survivor--hell, it's good to be anywhere! I used to hear blues from Count Basie. Joe Williams would sing it and it has a part in there that says, "Nobody loves me but my momma. And she could be jivin', too!" So, I'm going to let you Senators know just like Harry Truman said, "Up here, if you want a friend, you better buy you a dog." Because nobody loves you but your momma, and she could be jivin', too!

Those are some nice things you all said about me. It kind of makes you feel like you're at your own funeral. My friend, Matt Perry, and I have been to a lot of these things where they're honoring Matt and they're honoring me. And so, Matt pulled me aside one night. He said, "Kay, you know, these things sound like funerals, don't they?" I said, "They sure as hell do!" But it's good to be here. And I noticed a lot of my friends are here, even the Supreme Court came over here. I thought you all had something to do at 2:30 today. Well, I'm going to talk until 2:30 so you better.... I see the Chief Justice, the Honorable Jean Toal, who I refer to affectionately as 'Missy.' Missy and I served in the House together one hundred years ago. Then another fellow, I served in the House with--JOHNNIE WALLER, I mean, I used to call him "Mr. Johnnie." And he called me "Mr. Kay." And we teased each other. Then my other man from Spartanburg, Don Beatty--he was in the House with me. All of you all came out of the House. But you never did make it to the real body. I mean...that's a fail area--they don't want any part...

But one of my favorite people is Frederick Douglass. Frederick Douglass was a black slave up in Maryland. And with a little bit of help from a white woman, taught himself how to read and write. He went on to become one of the spellbinding orators in America. And this is about two paragraphs, if you'd bear with me. I'll tell you something that Frederick Douglass said and I got this from The Life and Writings of Frederick Douglass. It's just two paragraphs. He said,
Let me give you a word of the philosophy of reform. The whole history of the progress of human liberty shows that all concessions yet made to her august claims, have been born of earnest struggle. The conflict has been exciting, agitating, all-absorbing, and all the time being, putting all other tumults to silence. It must do this or it does nothing. If there is no struggle then there is no progress. And any person that professes to love freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want the rain without the thunder... or the ...lightning. And They want the ocean without the...roar of its many waters.

And he goes on to say this: "It must do this or it does nothing." He goes on to say that "we want things that really sometimes we should not want and really don't realize what we're wanting." And he says,
This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress. He said In the light of these ideas, Negroes will be hunted in the North, and held and flogged in the South so long as they submit to those devilish outrages, and make no resistance, either moral or physical. Men may not get all they pay for in this world, but they will certainly pay for all they get. If we ever get free from the oppressions and wrongs heaped on us, we must pay for their removal.

And this is the last line he gave us. He said: "We must do this by labor, by suffering, by sacrifice, and if needs be, by our lives and the lives of others."

These are things that we must instill into our children. My Grandmomma had raised me in Darlington County, up in the Pee Dee, Mr. Chairman of the Finance Committee. You know where the Pee Dee is. She instilled this into me, and we must instill it into our children--and that service to our country is a noble cause. I remember going into the Marine Corps back in September 1951, at Paris Island and served for two years, '51-'53. And during that time Harry Truman, my President, sent us everywhere in the world, except Korea. He didn't send us there. That's the only place he didn't send us. Sent us all up by Russia into the Black Sea, the Caspian Sea. We were on an aircraft carrier, the Midway--and later the Coral Sea. He sent us all down to Cuba to Guantanamo Bay--the boys call it "Git-mo." You read about it today--Guantanamo Bay is where they have the prisoners of war--and how they are treating the prisoners of war is against all the principles that the United States of America stands for. But that's the way we are treating them. And as I travel throughout the world, I realize, after going all over the world, that America is the best country in the world in which to live. We have people breaking into America from Canada and Mexico trying to enjoy our way of living and our lifestyle. And that's a tribute to America. And many of our legislators now who have enjoyed all of the benefits of America, they get old like me and they forget from whence they come. As James Baldwin said in The Fire Next Time, "Know from whence you come, because if you know from whence you come then there are no limits to where you can go." And they have forgotten where they came from.

Let me read something to you that I got out of the paper. This is old stuff here. This came from "The State," my favorite newspaper. I'll get to them later. This came from "The State" of Wednesday, December 12, 1984--a long time ago. And it's an article about a former senator, Steven Young of Ohio--a very conservative senator, a good man. And this is what he said. I'm going to read this to you because I can't recite all of this. It says, "One of my...favorite stories of Senator Young...was the senator's response to a constituent who complained of federal 'handouts' to the poor." The constituent is complaining. Now he'd enjoyed every handout in the world but he'd gotten old like me and had a little bit of money and a farm and he'd forgotten where he came from. And he'd started talking about handouts to the poor. "A young man lived with his parents in a low-cost public housing development." Now that's what we call the projects. That's where he lived with his parents, in Hamilton County. This is in Ohio.

He attended public-schools, rode the free school bus, enjoyed the free-lunch program. Following graduation from high school, he entered the Army and upon discharge kept his National Service Life Insurance. He then enrolled at an Ohio university, receiving his GI checks. Upon graduation, he married a public-health nurse, and bought a farm in southern Ohio with an FHA loan. Later going into the feed and hardware business -- I know somebody in here in the feed and hardware business up in Laurens. Don't I Senator Verdin? Going into the feed and hardware business in addition to farming he secured help from the Small Business Administration when his business faltered. His first baby was born in the county hospital, built in part with Hill-Burton federal funds. Then he put part of his land under the Soil bank Program and used the payments for not growing crops to help pay his debts.

His parents, elderly by now, were living comfortably in the smaller of his two farm homes, using their Social Security and Old Age Assistance checks. Medicare covering most of their doctor and hospital bills.

The senator's story had the young man receiving help from the Rural Electrification Administration, the Farmers Home Administration, the Federal Housing Administration, federal banks... National Student Loan Program, which finances children's college education. Then, a little later it was rumored that he had joined a cell of the John Birch Society and also the liberty lobby, both right-wing extremist groups. He wrote his congressman denouncing excessive government spending, Medicare, big government, the United Nations, high taxes, etc, etc.

And these are the last few lines. He said,

I believe in rugged individualism. People should stand on their own two feet, and not expect...government aid. I stand on my own two feet. I oppose all those socialistic trends you have been voting for and demand return to the free-enterprise system of our forefathers.

He had enjoyed everything that the Lord could send, and then started criticizing it. And I'm just saying, don't forget from whence we come. Don't forget.

I listened to the news last night and a couple of days ago my little sweet wife who never engages in politics, said, "Daddy, I sure hope JAKIE KNOTTS wins his seat." I said, "Well, I ain't never heard you talking about me winning a seat before." I said, "What you and JAKIE got going on?" So I joined my wife. I, too, as I hugged JAKIE this morning... I know I'm getting old now hugging a white boy but, I hugged him, because I'm glad to see him. Because he's a man of integrity and honor. And I personally don't like the idea of any outsiders sending money from New York--and Mr. Rich, sending money down here to influence elections and elect whoever they want to elect. It just kind of rubs me the wrong way. Some of you all are going home involuntarily. That's why I'm glad I can walk out of here on my own steam. You've got to "know when to hold 'em and know when to fold 'em." And I know it's time for me to fold 'em now. So I'm going home. And I hope I've done or said some things for you during my thirty-four years of service that'll help you all get along with your fellow man a little bit better next week and the weeks thereafter. So this is my last time coming through here.

It is written somewhere that, "I expect to pass through this world but once; and any good thing therefore that I can do or any kindness that I can show to any fellow creature, let me do it now. Let me not defer or neglect it, for I shall not pass this way again."

I want you all to learn to be kind to each other. To be gentlemen; or as my man who is a former senator, a long time ago, Senator Howell Heflin out of Alabama, when he was leaving the Congress he said, "We must set a new course in this Congress and across the land...a course of moderation, tolerance, responsibility and compassion. We need to return to the traditional value of being just plain neighborly." One of my favorite artists is Willie Nelson--I love to hear Willie Nelson and I know that's a surprise to some of you all in here. Oh, I know that. But you see, that's just going to my other side of the family. I got two sides you know. Obama ain't got nothing on me. That's my Kervin side coming out. I was in Darlington one time and I told them I'm a Kervin and of all those Kervins, there ain't but one Kervin that I don't ever cross who's been kind of friendly. Now I don't know her name, but she's a lady used to teach school, Senator from Darlington. She used to teach over there in Hartsville. She was Louise "something;" but she was very nice to me and someone asked me one time, said, "You a Kervin?" I said, "Well, in a sense you would say I'm a Kervin." They said, "Oh, so you're one of Granddaddy's outside children?" I said, "No, I'm one of your Grandmomma's outside children." But Willie Nelson said, "Now that the preaching is over, let the sermon of life begin." You can preach all you want, but once the preaching is over, you leave church, you ought to live it, you know. You've got to live that stuff. Ain't no need of preaching, you know, nobody wants to hear you talking about it; they want to see you living it. And that's what I tried to do. I tried to kind of keep you all in check; make you live a little bit of it, too. I remember they used to get me and want me to come to prayer meetings with them over in that little prayer room in the Gressette. I said, "No, I ain't going over there." They said, "Well, why?" I said, "Why am I going to prayer meeting with you? You all go to prayer meeting. Then you come back over here and I can't get you to vote for Mother's Day, you know?" You know, I don't need that. You don't jive me!

But these are things we ought to at least think about. At least think about them. How you treat your fellow man and try to get along with them. And you all have been nice to me. You've been nice, very nice and cordial and friendly.

I don't see my sister. Where is my sister from Chester, Senator SHORT? She ain't coming today? Got her white flowers on her desk. And my other sister, Senator CEIPS, got white flowers. I'm one of "the sisters," since my first name is KAY, K-A-Y. So, I'm one of the sisters, too. I noticed I didn't get any flowers--white flowers. So they asked me, "Why are you wearing a white suit?" I said I'm honoring my good white folks here today. As Malcolm X would say, "I'm here with my friends." One of them said, "We're sure going to miss you when you're gone." I said, "I sure as hell ain't gonna miss you." I can get along without the Senate myself, but the thing is, can the Senate get along without me? That's where you may run into a problem.

But you know something? When Man closes one door in your face, He'll open up a thousand more! When I got home the man from SCEA sent for me--Dr. Walker Emanuel Solomon. He said, "Kay, I heard that you're not teaching." I said, "No. I'm not 'cause I ain't got no job." He said, "Well, come on out here. I want you to work for us." And I went to SCEA. And I've been doing...you know. When they close one door in your face, He'll open up a thousand more. You ain't got to worry about it.

And that's what I've done all my life. I've always spoken up for everybody. Everybody. And that's what I want you all to do. It is written in Micah 6:8 "He has shown thee, O man, what is good. And what does the Lord require of thee but to do justice, love mercy, and walk humbly with thy God." Thanks for letting me be here.

On behalf of the entire Senate, Senator PATTERSON was presented a framed Resolution and, Senator McCONNELL, on behalf of the Governor and the State, presented the Order of the Palmetto.

On motion of Senator McCONNELL, with unanimous consent, the remarks of Senator PEELER, McCONNELL, LAND, MATTHEWS and PATTERSON were ordered printed in the Journal.

RECESS

At 1:34 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:40 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 2:40 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                 Anderson                  Bryant
Campbell                  Campsen                   Ceips
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                     Scott
Setzler                   Sheheen                   Thomas
Vaughn                    Verdin                    Williams

A quorum being present, the Senate resumed.

Retirement of Senator VAUGHN

On motion of Senator McCONNELL, with unanimous consent, Senator VAUGHN was escorted to the podium upon the occasion of his retirement from the Senate.

Senator McCONNELL addressed the Senate with remarks.

Remarks by Senator VAUGHN

Thank you very much. I don't have any prepared remarks. I don't do very well in making prepared remarks. On the occasion that I prepare remarks and when I get up to speak, only God knows what I am actually going to say.

It has been a privilege and pleasure to serve in this Senate, although it has only been two short years. I came here, as you well know, under unfortunate circumstances, due to the sad passing of Senator J. VERNE SMITH, and I am leaving under unfortunate circumstances. I had planned to seek re-election but, due to health issues, I decided it was best to not run again. I have very strong issues that I support and I know that this Senate would have had very strong debates and arguments on each of them. You might even have agreed with many.

My health is now getting back to normal, thank goodness. It has been a pleasure serving with Senator LEATHERMAN from Florence on the Senate Finance Committee. While serving on the Senate Judiciary Committee, to be honest with you, I never did understand things--such as the committee holding over a Bill, but then the committee would continue to discuss it for another forty-five minutes! I never did understand those kinds of things.

But, anyway, I will miss serving in the General Assembly. I will miss serving in the Senate. I will miss all of you and I love all of you and I wish you well. I am going to have to find something to do and it may be to come down here and see what you folks are doing. Thank you for all you have done for me and all the help you have supplied to me--Senator McCONNELL from Charleston and Senator FAIR, Chairman of the Corrections Committee, and all the Senate committees I have served on, thank you very much.

Senator LAND just handed me some hearing aid batteries. Of course, both of us don't hear very well and sometimes have selective hearing--and he borrowed one battery from me, I don't know how long ago. But today, he gave me one, two, three, four, five, six batteries and that's pretty good interest.

So, thank you very much. I will miss you, Godspeed and good luck to all of you.

On motion of Senator PEELER, with unanimous consent, the remarks by Senator VAUGHN were ordered printed in the Journal.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1459 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE RUSSELL R. "RANDY" SCOTT FOR HIS DISTINGUISHED SERVICE ON BEHALF OF THE CITIZENS OF SENATE DISTRICT 38, IN CHARLESTON AND DORCHESTER COUNTIES, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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S. 1460 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE CATHERINE CRAWFORD CEIPS OF BEAUFORT COUNTY FOR HER FIVE YEARS OF DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS AS SHE DEPARTS THE SENATE.
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S. 1461 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE JAMES H. "JIM" RITCHIE, JR. FOR HIS DISTINGUISHED SERVICE ON BEHALF OF THE CITIZENS OF SENATE DISTRICT 13, GREENVILLE, SPARTANBURG, AND UNION COUNTIES AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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S. 1462 (Word version) -- Senator Hawkins: A SENATE RESOLUTION HONORING MAJOR GENERAL JAMES W. RAFFERTY AND HIS WIFE, MRS. MELANIE RAFFERTY, AND THANKING THEM FOR THEIR DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
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S. 1463 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF HARRIET MCBRYDE JOHNSON OF CHARLESTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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S. 1464 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR BARRY F. BOLEN OF LEXINGTON COUNTY FOR THIRTY-SIX YEARS OF DISTINGUISHED SERVICE AS AN EDUCATOR, UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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S. 1465 (Word version) -- Senator McConnell: A SENATE RESOLUTION HONORING THE MEMORY OF HARRIET MCBRYDE JOHNSON OF CHARLESTON COUNTY, CIVIL AND DISABILITY RIGHTS ADVOCATE, ATTORNEY, AND AUTHOR, AND ACCEPTING HER LIFE-LONG CHALLENGE TO RECOGNIZE THE DIGNITY OF PEOPLE WITH DISABILITIES.
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S. 1466 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF REVEREND WILLIAM M. LOWMAN AND HIS POLITICAL AND SPIRITUAL LEGACY TO THE STATE OF SOUTH CAROLINA.
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S. 1467 (Word version) -- Senator McGill: A SENATE RESOLUTION TO CONGRATULATE HOPEWELL AME CHURCH UPON THE OCCASION OF THE DEDICATION OF ITS NEW SANCTUARY ON SATURDAY, JUNE 21, 2008.
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S. 1468 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE PATRICIA BALDWIN DIXON OF CHARLESTON COUNTY FOR TWENTY-SEVEN YEARS OF DISTINGUISHED PUBLIC SERVICE, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS.
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S. 1469 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, SECTION 2-1-180 OF THE 1976 CODE, AND THE PROVISIONS OF S. 838, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 27, 2008, NOT LATER THAN 5:00 P.M. OR ANYTIME PRIOR, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON CERTAIN OCCURRENCES AND FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN 5:00 P.M. ON FRIDAY, OCTOBER 31, 2008.
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Be it resolved by the Senate, the House of Representatives concurring:

(A)   Pursuant to the provisions of Article III, Section 21 of the Constitution of this State, Section 2-1-180 of the 1976 Code, and the provisions of S. 838, the Sine Die adjournment date for the General Assembly for the 2008 session is recognized and extended to permit the General Assembly to continue in session after Friday June 27, 2008, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Friday, June 27, 2008, not later than 5:00 p.m. or at anytime prior, each house shall stand adjourned to meet in statewide session at a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, if (1) the fiscal conditions described in Section 11-9-890 are met at the end of the first quarter of fiscal year 2008-2009, or (2) any acts ratified pursuant to the terms of S. 838 or this resolution are vetoed by the Governor. Further, each house agrees to limit itself to consideration of the following matters and subject to the following conditions, as applicable:

(1)   receipt and consideration of legislation necessary to address any shortfall in revenue meeting the conditions of Section 11-9-890;

(2)   receipt and consideration of gubernatorial vetoes; and

(3)   receipt and consideration of resolutions affecting the Sine Die adjournment date.

(B)   The President Pro Tempore of the Senate and the Speaker of the House of Representatives may set a mutually agreed upon time prior to Sine Die adjournment for officers of the Senate and House to ratify acts.

(C)   Unless adjourned earlier, the General Assembly shall stand adjourned Sine Die no later than 5:00 p.m. on Friday, October 31, 2008.

The Concurrent Resolution was introduced.

The question was the adoption of the Concurrent Resolution.

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

Ayes 42; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campbell                  Campsen                   Ceips
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                     Scott
Setzler                   Sheheen                   Thomas
Vaughn                    Verdin                    Williams

Total--42

NAYS

Total--0

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

H. 5291 (Word version) -- Reps. Scott, Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE KAY PATTERSON, OF RICHLAND COUNTY, FOR HIS MORE THAN THIRTY-FOUR YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF RICHLAND COUNTY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 16, 2008

The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

This letter is to inform you that I am vetoing and returning without my approval S. 181, R-401.

(R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS 24-13-210 AND 24-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY. (ABBREVIATED TITLE)

This Bill, for the most part, updates and codifies existing laws and practices.

We would like to point out our concern with one well-intentioned provision that was inserted at the request of a single senator. Section 24-3-30(B) was amended to state "To the greatest extent possible when making a determination of institutional assignment, the department must place a person convicted of an offense against the State in a place of confinement in close proximity to his home unless this placement jeopardizes security." We, unfortunately, believe this provision opens the door to many lawsuits and was put in place in a way that defies the perspective of the majority in the General Assembly.

Before I elaborate on these concerns, let me say again how I believe that the provision in question is well-intentioned. Part of unconditional love is being able to show it, and to the maximum extent possible, the state ought to be about the business of encouraging and facilitating a loved one being able to, in fact, show love and concern toward a son, daughter, cousin or nephew who is incarcerated. This is much easier to do if your loved one is housed closer to you. We empathize with families - that did not commit a crime - that are forced to travel longer distances to see their loved ones in prison. With gas prices continuing to rise, the burden on families is perhaps felt more now than in any other recent time. We believe that it is better to have inmates placed in closer proximity to their churches and loved ones, and, for this reason, it has been the position of the administration to bring families and inmates closer together whenever requested to do so. Sometimes this is possible and other times it is not, based on capacity requirements within Corrections. Codifying what we already try to do within Corrections will have the unintended consequence of inviting lawsuits. This would take more money from a Corrections department and the inmates housed there that are already in need of more financial resources. In fact, I find it somewhat unbelievable that the General Assembly would pass yet another mandate on the Department of Corrections at the same time that the budget that they passed this year forces the Department of Corrections to run an $8 million dollar deficit. It is well known that our prisons are at capacity - and this makes it impossible to house all inmates in the prison closest to their home. If the General Assembly will pass a budget without deficits incorporated into it for Corrections, it will, in fact, be much easier to do that which this proposed provision is suggesting. We also believe the manner in which this amendment was included in this legislation highlights a procedural problem that exists in the Senate. It is our understanding that a single senator "placed his name on the Bill" - even though no other senator had objections to the legislation. To get this senator to remove his objection, this amendment was included. We believe that adding this amendment to an otherwise routine Bill to placate a lone senator is a poor way to make public policy - and one that, in this case, supplants the will of the body at large. While we approve of the majority of this Bill, we believe that the provision outlined above will lead to an increase in the number of lawsuits that the already underfunded Department of Corrections will be forced to defend. Without this troubling provision, we would sign this Bill. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS 24-13-210 AND 24-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY. (ABBREVIATED TITLE) The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 36; Nays 5 AYES Alexander Anderson Campbell Ceips Courson Cromer Drummond Elliott Fair Ford * Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey Matthews McGill O'Dell Patterson Peeler Rankin Reese Scott Setzler Sheheen Thomas Vaughn Williams Total--36 NAYS Bryant Campsen Grooms McConnell Verdin * Total--5 *These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.401, S. 181 by a vote of 21 to 78: (R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS 24-13-210 AND 24-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION 24-3-130, RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-131, RELATING TO THE SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-140, RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-160, RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-170, RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-180, RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-190, RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-310, RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISONERS" FOR THE TERM "CONVICT", AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-320, RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-330, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-340, RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-37-370, RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-400, RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-420, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION 24-3-520, RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-540, RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-550, RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-560, RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-570, RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-710, RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION 24-3-720, RELATING TO ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-740, RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-750, RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-760, RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-920, RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-930, RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-940, RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-951, RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-965, RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM "CONTRABAND"; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES ASSUMING CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL TO A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL THE JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION 24-5-110, RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION 24-5-120, RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION 24-5-170, RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAY BE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS 24-5-300, 24-5-310, 24-5-320, 24-5-330, 24-5-350, 24-5-360, 24-5-370, 24-5-380, AND 24-5-390, ALL RELATING TO DEFINITIONS, THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION 24-7-110, RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION 24-7-120, RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION 24-7-155, RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS 24-13-10, 24-13-20, 24-13-30, 24-13-40, 24-13-50, 24-13-80, 24-13-125, 24-13-150, 24-13-210, 24-13-230, 24-13-235, 24-13-260, 24-13-410, 24-13-420, 24-13-430, 24-13-440, 24-13-450, 24-13-460, 24-13-470, 24-13-640, 24-13-660, 24-13-910, 24-13-915, 24-13-940, AND 24-13-1540, ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION PROGRAM" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERM "INMATES" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAY BE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION 16-7-140, RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION 20-7-1350, AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; AND TO REPEAL SECTIONS 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, AND 24-7-150 RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING CHAPTER 5 TO TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-21-560, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REUSE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS; AND BY ADDING SECTION 16-17-685 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE STOLEN MONUMENTS, VASES, OR MARKERS THAT COMMEMORATE DECEASED INDIVIDUALS AND TO PROVIDE A PENALTY. Very respectfully, Speaker of the House Received as information. MESSAGE FROM THE GOVERNOR State of South Carolina Office of the Governor P. O. Box 11369 Columbia, SC 29211 June 16, 2008 The Honorable André Bauer President of the Senate State House, First Floor, East Wing Columbia, South Carolina 29201 Dear Mr. President and Members of the Senate: I am hereby vetoing S. 577, R-403, which, among other things, doubles the penalties for assault and battery upon coaches and sports officials. (R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL. Let me begin by saying that we appreciate Sen. SHEHEEN's attempt with this Bill to deter assaults upon coaches and sports officials. Coaches are to be admired for the way they dedicate time and energy in instructing young people in life lessons that will make an impact on who and what these young people do and become. In the same vein, sports officials teach young athletes about the larger notion of rules going with life. It is a sorry commentary on society at large when a Bill like this needs to even be debated, but it does given the fact that attacks have taken place. I believe that attacks by overzealous parents to be wrong and deserving of our greatest condemnation and prosecution under the law. I also believe this prosecution should take place under existing law because changing it as this Bill does sets a dangerous precedent of carving out a special status for coaches and officials that other citizens don't enjoy. Assault of any kind, to any South Carolinian, for any reason - is wrong and should be immediately dealt with. When we begin elevating certain people to a status where they get extra protection under the law, we begin to signal the crime can be less egregious in other instances. Again, the view of the Administration is assault is wrong to anyone - every time. There are many other individuals who perform valuable functions for society who are not entitled to special protection. For example, clergy members, Boy Scout leaders, and other types of mentors have similar roles as coaches in instructing our youth, but they would not receive extra protection under this Bill. Can anyone really say that an attack on a coach is worse than an attack on a minister who is trying to help in a thorny domestic situation? We believe wrong is wrong every time and, therefore, we believe it is a better policy to create uniform penalties for attacks that give all citizens equal protection under the law. For these reasons, I am vetoing S. 577, R-403. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL. The veto of the Governor was taken up for immediate consideration. 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 32; Nays 6 AYES Alexander Bryant Campbell Ceips Courson Cromer Drummond Elliott Fair Ford Gregory Hawkins Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Massey Matthews McGill O'Dell Patterson Peeler Rankin Reese Scott Setzler Sheheen Thomas Williams Total--32 NAYS Campsen Grooms Martin McConnell Vaughn Verdin Total--6 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.403, S. 577 by a vote of 87 to 17: (R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL. Very respectfully, Speaker of the House Received as information. MESSAGE FROM THE GOVERNOR State of South Carolina Office of the Governor P. O. Box 11369 Columbia, SC 29211 June 11, 2008 The Honorable André Bauer President of the Senate State House, First Floor, East Wing Columbia, South Carolina 29201 Dear Mr. President and Members of the Senate: I am hereby vetoing and returning without my approval S. 799, R-344. (R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS. This Bill amends the Acupuncturist Practice Act to allow the Board of Medical Examiners to decide whether or not an acupuncturist can use the title "doctor." It also specifies who may perform a certain type of acupuncture called auricular detoxification therapy. While I believe there is great value in a more holistic approach to one's health and I recognize the value of alternatives to western medical approaches, as an Administration we still fundamentally believe in the overarching need to limit the scope of government. As you may recall, in 2004, I vetoed the Acupuncturist Practice Act (H. 3891) because we believed it was unduly burdensome and imposed unnecessary regulatory restrictions on the profession - and created yet another oversight board in South Carolina. By allowing the Board of Medical Examiners to approve whether or not an acupuncturist can use the title "doctor," we are duplicating regulatory oversight. In this case, the state would be providing oversight by one board - over the last one (the Acupuncture Board) created only about a year ago. An acupuncturist does not work under the direct supervision of a physician, and by creating a hybrid organizational arrangement, we only further convolute our already Byzantine and overly redundant government structure. Additionally, this would be new ground that we would be covering in that the Board of Medical Examiners does not currently decide whether or not other professions (i.e., chiropractors) can use the same title. For these reasons, I am vetoing and returning without my signature S. 799, R-344. Sincerely, /s/Mark Sanford VETO SUSTAINED (R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS. The veto of the Governor was taken up for immediate consideration. Senator HAYES spoke on the veto. Senator HAYES 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 19; Nays 11 AYES Alexander Anderson Campbell Ceips Cromer Elliott Hawkins Hayes Hutto Knotts Land Lourie Martin O'Dell Peeler Reese Scott Sheheen Thomas Total--19 NAYS Bryant Campsen Fair Grooms Malloy Massey McConnell McGill Setzler Verdin Williams Total--11 The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly. S. 799, R. 344 --Veto Reconsidered and Overridden (R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS. Having voted on the prevailing side, Senator MALLOY moved that the vote be reconsidered whereby the veto by the Governor was sustained. The motion to reconsider was adopted. 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 30; Nays 9 AYES Alexander Campbell Ceips Courson Cromer Drummond Elliott Gregory Hawkins Hayes Hutto Jackson * Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McGill O'Dell Patterson Peeler Rankin Reese Scott Sheheen Thomas Williams Total--30 NAYS Bryant Campsen Fair Grooms Massey McConnell Setzler Vaughn Verdin Total--9 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.344, S. 799 by a vote of 6 to 94: (R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS. Very respectfully, Speaker of the House Received as information. MESSAGE FROM THE GOVERNOR State of South Carolina Office of the Governor P. O. Box 11369 Columbia, SC 29211 June 11, 2008 The Honorable André Bauer President of the Senate State House, First Floor, East Wing Columbia, South Carolina 29201 Dear Mr. President and Members of the Senate: I am writing to inform you that I am vetoing and returning without my signature S. 968, R-346. (R346, S968 (Word version)) -- Senators McGill, O'Dell, Williams and Knotts: AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES. The underlying Bill redefines the weapons definition of a knife with a two-inch handle. If this were the only provision of the Bill, I would have no trouble signing it. What gave us pause about this legislation was the second section, which is aimed at allowing state employees and legislators to store a concealed weapon in their vehicle when entering the State House complex. We have long supported the Second Amendment Rights of our state's citizens and have supported several Bills to allow them to enjoy those rights. What I find troubling about this Bill is the way that it seems to contradict the central tenet of true public service, which is putting the rights of others above oneself. To the outside observer it would seem that self-interest reigns supreme when it comes to security measures in, or around, the State Capitol. As we all know,$6 million has been directed to make secure what was already an incredibly secure Capitol Complex. Instead, those funds could have gone to other law enforcement efforts to make the average South Carolinian across the state more secure. Most people don't work in a place that has its own police force, armed guards 24 hours a day, security cameras, and more. Nonetheless, this additional $6 million was spent over our objection - and in that process, security measures have moved forward erecting a variety of barriers, entrances, and screening devices and sensors. In effect, the "People's House" has become something of a fortress both to mirror many of the security features found in Washington, D.C. - and to allegedly protect it from terrorist attack. There is obviously a glaring difference in the level of threat in Washington, D.C. versus Columbia, S.C. Our point is simply this: If we are going to spend the$6 million and if those kinds of security measures are going to be installed, it would make sense to live by the same rules that have been employed in the Capitol Complex in Washington wherein members are not in fact allowed to bring a weapon to work.

In short, our view is the same as it has been. Either cease and desist on what we think to be extraneous security measures where those dollars could be far better applied to helping average South Carolinians - and, in that case, let people bring guns to and from work in their car. Alternatively, if one is to insist on what we believe to be a waste of these $6 million, then live by the same rules that are in place in Washington where a member cannot bring a gun to the garage. To be consistent in our objection, we will once again veto this Bill because it further codifies the$6 million in security upgrades that we think to be unnecessary.

It is for this reason, I am vetoing S. 968, R-346.
Sincerely,
/s/ Mark Sanford

VETO OVERRIDDEN

(R346, S968 (Word version)) -- Senators McGill, O'Dell, Williams and Knotts: AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.

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

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 33; Nays 1

AYES

Alexander                 Bryant                    Campbell
Campsen                   Ceips                     Courson
Cromer                    Elliott                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Massey
McConnell                 McGill                    O'Dell
Patterson                 Peeler                    Reese
Scott                     Setzler                   Sheheen
Thomas                    Verdin                    Williams

Total--33

NAYS

Martin

Total--1

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

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.346, S. 968 by a vote of 93 to 12:

(R346, S968 (Word version)) -- Senators McGill, O'Dell, Williams and Knotts: AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.
Very respectfully,
Speaker of the House

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 11, 2008

The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am vetoing and returning without my approval S. 970, R-347, that eliminates the current requirement that the South Carolina Department of Health and Environmental Control (DHEC) must notify a school district superintendent and nurse of any students who have AIDS/HIV.

(R347, S970 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

We believe that as a matter of public policy that more highly contagious diseases should be added to this notification list rather than deleted. Instead, this Bill would move in the opposite direction by removing what many consider to be a very deadly disease. In the interest of health and safety for all children, DHEC should continue to notify the proper school officials if a child has AIDS/HIV. If anything, we would take this law a step further by adding two other highly contagious bloodborne diseases - Hepatitis B as well as Hepatitis C.

At a common sense level, if my son or daughter was sitting in class or was on the sporting field with a fellow student who happened to have Hepatitis C, as a parent I would want to know. It's always been my belief that we ought to maximize liberty, but in so doing, my rights end when they begin to infringe upon the rights of another. I realize that federal law prohibits an individual from passing along these relevant details (related to highly contagious bloodborne diseases) to the very students who might be impacted - but I see no reason that state law should codify this misguided principle that is now, indeed, codified at the federal level of law.

I am aware of no public outcry to change existing law, and as I mentioned earlier, I believe if anything we should be adding other highly contagious diseases to this list. For these reasons, I am vetoing and returning without my approval S. 970, R-347.
Sincerely,
/s/Mark Sanford

VETO SUSTAINED

(R347, S970 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

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

Senator HUTTO spoke on the veto.

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

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

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

Ayes 25; Nays 13

AYES

Anderson                  Campbell                  Ceips
Drummond                  Elliott                   Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Massey
Matthews                  McGill                    O'Dell
Patterson                 Rankin                    Reese
Scott                     Sheheen                   Thomas
Williams

Total--25

NAYS

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Fair
Grooms                    Martin                    McConnell
Peeler                    Setzler                   Vaughn
Verdin

Total--13

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

S. 970, R. 347--Veto Reconsidered and Overridden

(R347, S970 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.

Having voted on the prevailing side, Senator GROOMS moved that the vote be reconsidered whereby the veto by the Governor was sustained.

The motion to reconsider was adopted.

Recorded Vote

Senator SETZLER desired to be recorded as voting against the motion to reconsider the vote whereby the veto by the Governor was sustained.

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 27; Nays 12

AYES

Anderson                  Campbell                  Drummond
Elliott                   Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Land                      Leventis
Lourie                    Malloy                    Massey
Matthews                  McGill                    O'Dell
Patterson                 Pinckney                  Rankin
Reese                     Scott                     Sheheen
Thomas                    Verdin *                  Williams

Total--27

NAYS

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Fair
Knotts                    Leatherman                McConnell
Peeler                    Setzler                   Vaughn

Total--12

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.347, S. 970 by a vote of 38 to 65:

(R347, S970 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO APPLY CONFIDENTIALITY TO RECORDS RELATING TO CASES OF A BLOODBORNE DISEASE AND TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS; BY ADDING SECTION 44-29-137 SO AS TO REQUIRE A SCHOOL NURSE OR OTHER SCHOOL OFFICIAL TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCIDENTS IN WHICH BLOOD OR BODILY FLUIDS HAVE BEEN TRANSMITTED BETWEEN STUDENTS; TO AMEND SECTION 44-29-230, RELATING TO REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO A BLOODBORNE DISEASE, SO AS TO REVISE CERTAIN DEFINITIONS INCLUDING ADDING HEPATITIS C TO THE DEFINITION OF "BLOODBORNE DISEASES" AND TO DEFINE "PERSON PROVIDING CARE IN ACCORDANCE WITH THE GOOD SAMARITAN ACT"; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.
Very respectfully,
Speaker of the House

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SCOTT rose for an Expression of Personal Interest.

Remarks by Senator SCOTT

Mr. PRESIDENT and members of the Senate, it certainly has been an honor to serve in this great body, the South Carolina State Senate.

As a boy and a young man, I never imagined being in politics. Some boys and young men would dream of being police officers or firemen. Senators from Richland County, Senator Courson and Senator Patterson.... like you, I wanted to be a Marine. Not only a Marine but the welterweight champion of the Marine Corps.

But as fate would have it, I ended up in politics; first serving on Dorchester County Council for eight years--two years as vice chairman, three years as chairman. And, I said when I was first elected, that I would only serve two terms.

Then I became a South Carolina State Senator and truly that was a blessing from God to start from where I started.... and to have the privilege of serving in this great body of honorable men and women.

As all of you know, I was defeated in my attempt for a second term.

Even with all of the controversy I had with our county sheriff, I was still ahead in the polls. Then the man downstairs with the big stick, the man that seems to have enjoyment with beating up on legislators with that big stick, decided to get involved in my race. Senator from Lexington, Senator KNOTTS, you know the man that you said walked around the State House with two pigs and that every time he would squeeze them they would squirt from both ends? Then this club called Sticky Fingers--no, that's the group that cooks pigs, I'm sorry. It was Club Growth that started mailing out mailers with pigs on it, like this.... Then they graduated from that, to a full grown hog. The hog was so big that they had to carry it around my district in the in the back of a pick-up truck and that drove the last nail in my coffin.

You know, I was raised to go to church and to believe in the Bible and the Bible says, Jesus drove out demons from a man and cast them into a heard of swine, which are pigs. Did you ever wonder why He cast the demons into the swine? In my opinion, that was the lowest form of life around.

As a boy I would sit and talk with my daddy--and he was not a well educated man-- but, he had a head full of knowledge and wisdom and he always told me that you are judged by the company you keep and that birds of a feather flock together, and I believe that. And, I hope you get my drift.

But back to my service--again, I would like to thank God for the privilege of serving in this great body. It has been truly an honor to serve with such fine colleagues. I love you all and wish you all the best. Thank you.

Expression of Personal Interest

Senator CEIPS rose for an Expression of Personal Interest.

Remarks by Senator CEIPS

It is my pleasure to have served the citizens of Beaufort County and the people all across the great State of South Carolina.

I'm proud of my life of public service and I consider it to have been an honor and a privilege to have served in the General Assembly for the past six years.

I look forward to continuing to find new avenues through which I may continue to serve our State in the years ahead.

But in the words of the great statesman Daniel Webster: "History is God's providence in human affairs."

I have especially enjoyed my time in the Senate. I am proud of our work as a body and will cherish the friendships I've made with each of you. Thank you to the members for your gracious welcome and spirited commitment to moving our State forward. And thank you to the staff for your tireless work that makes our efforts possible.

Lastly, as I take leave of this great body, I am reminded of the words of Abigail Adams. Writing to her husband, the future President John Adams, in March of 1776, she noted: "I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors."

Thank you.

On motion of Senator VAUGHN, with unanimous consent, the remarks by Senators CEIPS and SCOTT were ordered printed in the Journal.

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 11, 2008

The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 1141, R-355. This Bill amends sales tax incentives for the purchase of energy efficient manufactured homes.

(R355, S1141 (Word version)) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM PROVIDING A NONREFUNDABLE INCOME TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO A TAX CREDIT FOR PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO INCLUDE THE PURCHASE AND INSTALLATION OF A SMALL HYDROPOWER SYSTEM AND TO DEFINE SUCH A SYSTEM; AND TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT.

Given my belief in conservation and given my belief in doing things that maximize the number of dollars in a taxpayer's pocket, I very much support energy efficiency and hope that consumers realize the benefits of purchasing products that bring with them both energy and efficiency rewards. So while I believe the Bill is certainly well intentioned, I am compelled to veto it for two main reasons.

First, we continue to believe that there are already too many carve-outs and exemptions to our sale tax. Though individually these carve-outs may have merit, collectively they narrow the population from whom sales taxes are collected and effectively raise sales taxes on those entities still subject to sales taxes in South Carolina. Rather than having people in politics pick winners and losers in the marketplace or direct people's behaviors through the tax code, it has been our belief that our taxes ought to be as low as possible. To get to this end, taxes cannot be ever narrowing in scope. In short, these kinds of exemptions further narrow the sales tax base and make it that much harder to make broad base cuts. Our end-goal is to, in fact, broadly lower rates, and then allow individuals to make their own decisions on where and how to spend their money.

We occasionally support making exceptions to the bias described above when it can be demonstrated that there is an overwhelming or especially strong consequence to a tax exemption. Unfortunately, this can not be demonstrated in this instance. As with any sales tax exemption, it can be shown that there is a savings to the individual - but the key is to demonstrate that it compels them to take an action that they would not have without its presence. Based on the numbers we have seen, the consumer will be compelled to take advantage of the ENERGY STAR rating even without the sales tax exemption because it is in their financial best interest to do so. For example, the average cost of a standard manufactured home is $54,300. The cost of an ENERGY STAR rated mobile home is nearly$2,599 more, bringing the average up to $56,900. The average monthly savings that results in the reduced utility costs associated with ENERGY STAR manufactured homes averages$70 a month or $840 a year. This means that a consumer recoups the initial increased cost of the energy efficient home in just 36 months, and, in our view, this is incentive enough for consumers to purchase ENERGY STAR rated manufactured homes. For the above reasons, I am vetoing S. 1141, R-355. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R355, S1141 (Word version)) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM PROVIDING A NONREFUNDABLE INCOME TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO A TAX CREDIT FOR PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO INCLUDE THE PURCHASE AND INSTALLATION OF A SMALL HYDROPOWER SYSTEM AND TO DEFINE SUCH A SYSTEM; AND TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT. The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.355, S. 1141 by a vote of 98 to 0: (R355, S1141 (Word version)) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM PROVIDING A NONREFUNDABLE INCOME TAX CREDIT FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA; TO AMEND SECTION 12-6-3587, AS AMENDED, RELATING TO A TAX CREDIT FOR PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM, SO AS TO INCLUDE THE PURCHASE AND INSTALLATION OF A SMALL HYDROPOWER SYSTEM AND TO DEFINE SUCH A SYSTEM; AND TO AMEND SECTION 12-14-80, AS AMENDED, RELATING TO THE ECONOMIC IMPACT ZONE TAX CREDIT, SO AS TO RESTATE THE CREDIT AS AN INVESTMENT TAX CREDIT, PROVIDE THAT THE CREDIT IS AVAILABLE FOR THE PLACEMENT IN SERVICE OF CERTAIN QUALIFIED EQUIPMENT AND A COMMITMENT TO THE REQUIRED CAPITAL INVESTMENT, PROVIDE FOR QUALIFICATIONS FOR AND LIMITATIONS ON THE CREDIT, AND TO PROVIDE FOR THE PROCESS FOR CLAIMING THE CREDIT. Very respectfully, Speaker of the House Received as information. PRESIDENT Pro Tempore PRESIDES At 4:31 P.M., Senator McCONNELL assumed the Chair. MESSAGE FROM THE GOVERNOR State of South Carolina Office of the Governor P. O. Box 11369 Columbia, SC 29211 June 11, 2008 The Honorable André Bauer President of the Senate State House, First Floor, East Wing Columbia, South Carolina 29201 Dear Mr. President and Members of the Senate: I am hereby vetoing S. 1143, R-356. (R356, S1143 (Word version)) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM. S. 1143 does the following three things: (1) creates a month-long sales tax holiday for the purchase of energy-efficient products; (2) creates a two-day sales tax holiday for the purchase of firearms; and (3) requires all gasoline suppliers to provide raw gasoline to retailers and distributors so that they can "splash blend" ethanol. First, while we support the intent underlying sales tax holidays, we are vetoing this Bill because we don't believe that sales tax holidays are an effective method of promoting energy efficiency or the Second Amendment. While we certainly support consumers purchasing energy-efficient products and firearms, we believe the best way to do that is to create a low-tax, consumer-friendly environment on a permanent basis. Several studies have shown that providing a temporary sales tax holiday does not have a significant impact on consumer demand for products and, by extension, the economy because it only affects the timing of a purchase. In short, we ought to be permanently lowering taxes and then leaving it to the individual to decide how and when to spend their money. Second, we are vetoing this Bill because the "splash blending" provisions of S. 1143 permanently entangle a misguided federal ethanol policy with state law. This Bill requires that gasoline suppliers offer retailers and distributors raw gasoline that can be blended with ethanol and prohibits gas suppliers from denying retailers and distributors the opportunity to blend raw gasoline and ethanol on their own. Thus, gas suppliers would be prohibited from selling only blended ethanol to retailers and distributors. These provisions have arisen because a 2007 federal energy law requires gas suppliers to produce nine billion gallons of blended ethanol in 2008 and even more in following years. It is our strong hope that these misguided federal laws will be repealed. Nonetheless, to meet this requirement, many large gas suppliers have decided to stop supplying raw gasoline to retailers and distributors and to offer only blended ethanol instead. If gas suppliers only offer blended ethanol, then local retailers and distributors will be prevented from obtaining federal tax credits for blending ethanol. While we understand that local retailers and distributors want to preserve the opportunity to obtain blending tax credits, we don't believe it is wise to further support federal ethanol policies that have been proven ineffective and, in many ways, counterproductive. It is well documented that increasing ethanol production and consumption has not and likely will not lower gas prices or increase the nation's energy independence. Moreover, ethanol usage in its current form is not the environmentally-friendly alternative that many suggest it is. In fact, one recent study conducted by MIT showed that, on a life-cycle basis, gasoline and ethanol produce roughly the same amount of greenhouse gases. The federal policy of subsidizing and mandating ethanol production has caused food prices to rise and increased the amount of land devoted to farming, which often has damaging consequences to the environment. As every day passes, there seems to be more evidence indicating that the federal ethanol policy is a bad idea and needs to be abandoned. The debacle of the federal government's ethanol policy is so bad that even the New York Times has stated in a recent editorial that "[i]t is time to end an outdated tax break for corn ethanol and to call a timeout in the fivefold increase in ethanol production mandated in the 2007 energy Bill." It is time to remove our heads from the sand about ethanol and ensure that our laws do not reflect this flawed premise that ethanol will solve our current energy crisis. Third, we are also concerned that providing preference to local retailers and distributors over the out-of-state suppliers could be unconstitutional under the Commerce Clause of the U.S. Constitution because this preference discriminates against interstate commerce. The Commerce Clause prevents states from regulating commerce in a manner that prefers in-state interests over out-of-state interests. In fact, the Supreme Court stated in Brown-Forman Distillers Corp. v. New York State Liquor Authority that while "a State may seek lower prices for its consumers, it may not insist that producers or consumers in other States surrender whatever competitive advantages they may possess." This legislation appears to do exactly that by insisting that out-of-state gas suppliers surrender their natural competitive advantage of controlling the supply of gas by dictating that they cannot supply only blended ethanol to retailers and distributors in South Carolina. Fourth, even if we did not have these concerns about the blending provisions in S. 1143, we would veto this Bill because it was added through the unconstitutional practice of bobtailing. This administration has consistently vetoed legislation which violates Article III, Section 17 of the South Carolina Constitution, which provides that "every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title." S. 1143 clearly violates this mandate and would undoubtedly be held to be unconstitutional by our Supreme Court. S. 1143 was introduced by Senator McConnell with the title reflecting a single subject of the sales tax holiday for energy efficient products. The title of S. 1143 remained unchanged throughout the legislative process. The Senate passed the Bill with this title intact and the Bill related only to the single subject stated in the title. The House amended S. 1143 by adding a section that provided for an exemption from sales tax holiday for firearms. While this broadened the Bill, the amendment remained related to sales tax holidays. Thus, as passed by the House the Bill would very likely pass constitutional muster. However, when the Bill was returned to the Senate, the Bill was amended to include the ethanol blending provisions. This amendment is totally unrelated to the other provisions of the Bill and, therefore, not within the "single subject" of the title. The South Carolina Supreme Court has most recently addressed the "single subject" or "bobtail" issue in Sloan v. Wilkins. Citing numerous prior cases, the Court said that the "purpose of Article III, Section 17 is (1) to apprise the members of the General Assembly of the contents of an act by reading the title, (2) prevent legislative log-rolling and (3) inform the people of the state of the matters with which the General Assembly concerns itself." The ethanol blending amendment violates all three purposes the Supreme Court established because it was never introduced as a separate Bill nor discussed as an amendment in any subcommittee or committee of the General Assembly. Thus, the deliberative process that is supposedly the hallmark of the legislative process was by-passed and the public was denied opportunity to be informed of and participate in the consideration of the ethanol blending provisions. This constitutional infirmity was recognized by Senator McConnell, the author of the original Bill. When the ethanol blending amendment was brought up on the Senate floor, he stated that it was unconstitutional and announced he wanted to be recorded as voting against it. While Senator McConnell and I do not always agree, we are in agreement that this measure is unconstitutional. For these reasons, we are vetoing S. 1143, R-356. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R356, S1143 (Word version)) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM. The veto of the Governor was taken up for immediate consideration. Senator MARTIN argued in favor of sustaining the veto of the Governor. Senator O'DELL argued in favor of overriding the veto of the Governor. Senator LEATHERMAN argued in favor of sustaining the veto of the Governor. Senator DRUMMOND spoke on the veto. Senator THOMAS spoke on the veto. Senator McCONNELL argued in favor of sustaining the veto of the Governor. Senator O'DELL moved that the veto of the Governor be overridden. ACTING PRESIDENT PRESIDES At 4:56 P.M., Senator MARTIN assumed the Chair. 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 35; Nays 8 AYES Alexander Anderson Bryant Ceips Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Massey Matthews McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg * Setzler Sheheen Thomas Verdin Williams Total--35 NAYS Campbell Campsen Ford Leatherman Martin McConnell Scott Vaughn Total--8 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Statement by Senator LEATHERMAN I voted to sustain the veto on S. 1143 because the Board of Economic Advisers has certified that the Bill will reduce General Fund revenue by an estimated$1,240,206 in FY09-10. Given the current economic climate and pressing needs of this State, I cannot vote for additional tax exemptions of this magnitude until we have completed a detailed study of our state's tax structure as I have recommended in proposed legislation.

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.356, S. 1143 by a vote of 92 to 9:

(R356, S1143 (Word version)) -- Senators McConnell, Martin, Alexander, Hayes, Hutto, Ceips, Peeler, Leventis, Rankin, Setzler, Knotts and Malloy: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT ENERGY EFFICIENT PRODUCTS PURCHASED FOR NONCOMMERCIAL HOME OR PERSONAL USE WITH A SALES PRICE OF TWO THOUSAND FIVE HUNDRED DOLLARS PER PRODUCT OR LESS ARE EXEMPT FROM THE SALES TAX UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE DURATION OF THE EXEMPTION AND ITS APPLICABILITY DURING A PARTICULAR FISCAL YEAR BASED ON REVENUE FORECASTS; TO ENACT THE "SECOND AMENDMENT RECOGNITION ACT" BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE SALES OF HANDGUNS, RIFLES, AND SHOTGUNS DURING A SPECIFIED FORTY-EIGHT HOUR WEEKEND PERIOD; AND BY ADDING SECTION 12-28-340 SO AS TO PROVIDE THAT REGARDLESS OF OTHER PRODUCTS OFFERED, CERTAIN MOTOR FUEL TERMINALS LOCATED WITHIN THE STATE MUST OFFER A PETROLEUM PRODUCT THAT HAS NOT BEEN BLENDED WITH ETHANOL AND THAT IS SUITABLE FOR SUBSEQUENT BLENDING WITH ETHANOL, TO PROVIDE THAT A PERSON OR ENTITY MUST NOT TAKE ANY ACTION TO DENY A MOTOR FUEL DISTRIBUTOR OR MOTOR FUEL RETAILER WHO IS DOING BUSINESS IN THIS STATE AND WHO HAS REGISTERED WITH THE INTERNAL REVENUE SERVICE ON FORM 637(M) FROM BEING THE BLENDER OF RECORD AFFORDED THEM BY THE ACCEPTANCE BY THE INTERNAL REVENUE SERVICE OF FORM 637(M); AND TO PROVIDE THAT A DISTRIBUTOR OR RETAILER AND A REFINER MUST UTILIZE THE RENEWABLE IDENTIFICATION NUMBER (RIN) TRADING SYSTEM.
Very respectfully,
Speaker of the House

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
June 11, 2008

The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201

Dear Mr. President and Members of the Senate:

I am returning without my approval S. 1252, R-363.

(R363, S1252 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-7-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO ADD TWO MEMBERS TO THE BOARD, PROVIDE FOR THEIR APPOINTMENT, PROVIDE THAT BOARD MEMBERS RECEIVE NO COMPENSATION AND REVISE THE BOARD'S REPORTING DUTIES; TO AMEND SECTION 2-75-30, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE ENDOWMENT FUNDING OF THIRTY MILLION DOLLARS ANNUALLY FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACT, ESTABLISH REQUIREMENTS FOR THE FUNDING OF THESE APPROPRIATIONS, PROVIDE WHAT FUNDS, INCLUDING INTEREST EARNINGS, CONSTITUTE THE TOTAL FUNDS APPROPRIATED, AND PROVIDE FOR THE REVIEW PROCESS FOR THE AWARDING OF ENDOWED CHAIR PROPOSALS; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO ENCOURAGE ELIGIBLE RESEARCH UNIVERSITIES TO PARTNER WITH OTHER SOUTH CAROLINA COLLEGES AND UNIVERSITIES TO DEVELOP PROPOSALS TO ENHANCE THIS STATE'S ECONOMIC COMPETITIVENESS AND TO ENHANCE SCIENCE AND ENGINEERING; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES; AND TO AMEND CHAPTER 133 OF TITLE 59, RELATING TO FRANCIS MARION UNIVERSITY BY DESIGNATING EXISTING PROVISIONS FOR FRANCIS MARION UNIVERSITY AS ARTICLE 1, TITLED "GENERAL PROVISIONS" AND ADDING ARTICLE 3 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS.

This Bill would remove the cap from the Centers for Economic Excellence Matching Endowment and would guarantee that $30 million a year be put toward the program. Additionally, this Bill would impose special student fees at Francis Marion University essentially making students help repay bonds for new athletic facilities. There could be nothing better intended than the idea of growing the knowledge-based economy in South Carolina. We're all for that as South Carolinians. The real question lies in how you do it and whether or not you pause, analyze, and make improvements in your efforts to do something on which there is more or less complete accord. As we have stated in several instances, our veto is not aimed at ending the Endowed Chairs program but bettering it by forcing policymakers to look at what works and what does not work in the program. It also needs to be remembered that this debate is about whether we increase funding by$20 million and keep it within the confines of the cap that came with the original Endowed Chairs program or raise it by $30 million, break the cap, and do no review of what works and does not work. This last point is especially important given that universities like Clemson have become especially creative in defining matching dollars. Most recently they matched state money with land that had been transferred from the state to North Charleston as the "supposed" private match in the confederate era submarine restoration project from which we have yet to see any material private investment or job creation. In short, Endowed Chairs may well have merit, but in these economic times it is very important that we live within the original$200 million commitment and take a slightly longer look at where change might strengthen the program.

Overall, this Administration has many concerns about this legislation, several of which relate to the Endowed Chairs program. One can certainly grow the economy by growing government, but this Administration believes that it's far better grown by the private sector. Given South Carolina government has already funneled just shy of $200 million into the Endowed Chairs program, coupled with the importance of limiting the growth of government as a tool in growing the economy, we believe removing the cap and guaranteeing an additional$10 million, over the $20 million already promised in funding, isn't a wise course. A better course, in our view, is to not rush forward and to leave the cap in place so that we can continue the program and possibly gain insight by reviewing the program's success. While we agree with the intent of the program, here are some reasons that we are concerned with the proposed legislation. 1. We believe that the General Assembly is reauthorizing an Act that has not lived up to its legislative intent. The program, which created endowed professorships at the three senior research universities, was initially begun as dollar-for-dollar match between state and non-state resources. What has happened over time is that non-state funds have not been collected to fully match state funds. The unmatched dollars have caused the program to drift toward one that is being overwhelmingly driven by public expenditures. 2. The requirements in using this money are being watered down. For example, the original legislation required cash-on-hand to be eligible for the state match. Then it became allowable to use cash within 18 months, and then two 6-month extensions were added on top of that. Also, the original legislation required that the money go directly to fund the actual endowed chair; not to fund equipment for the chair. Now, "in-kind" contributions are eligible for state match, and, in some cases, we believe the in-kind "match" doesn't truly equal the monetary value committed by the state. For instance, a microscope valued at$1.5 million was used as a state "match," but many have legitimately questioned whether this device would actually sell for that amount in the real market.
3. Of equal concern in this Bill is that it waives the $200 million cap for the program - which it has almost reached - and commits$30 million be put toward the program each year. This is a risky commitment - considering that education lottery funds have dwindled in recent years - meaning that money for this program is competing with fewer dollars for need-based scholarships and K-12 education.
4. It appears to us that the hard questions about waste in the program aren't getting asked. For example, a Public Relations firm in Columbia has been hired, in essence, to help ask for yet more state funding and support. Is it really worth the $750,000 contract? And does this not fall into the category of using state money to lobby for yet more state money? Similarly, at Innovista in Columbia - though construction has been delayed, costs are up about$10 million, and tenants and private buildings have not materialized - the private developer has still been paid handsomely. If the Endowed Chairs program is about economic development, then why don't we require a quantified return on our investment? For instance, a large part of the program's mission is to ensure that the professorships create well-paying jobs and enhance economic opportunities and improve the quality of life for South Carolinians. If this Bill is going to commit $30 million annually, why don't we request job creation numbers, as we do for other economic development efforts? 5. Finally, we are very concerned with Article 3 of the Bill, which includes imposing special student fees at Francis Marion University for the purpose of repaying bonds to cover athletic facility upgrades. While we aren't opposed to seeing students have the chance to enhance their athletic skills and physical well-being with newer, safer equipment and facilities, we are opposed to the fact that this legislation is allowing the university to once again turn to the student to help pick up the cost. The Bill also states that the funds could be raised through admission fees, but we are reluctant to believe that ticket sales would raise sufficient revenue to repay the bonds. 6. As we've said in the past, we have to stop and look closely at the likely long-term effects of this type of legislation, and this veto represents a stopping point for our Administration. It is our belief that special fees tied to repayment of bonds are essentially de facto tuition payments that will only further increase the financial burden on students. This comes at a time when tuition has already skyrocketed in recent years. South Carolina currently ranks at the top of all Southeastern states for the cost of in-state tuition, and there are only six other states in the nation that have higher in-state tuition fees. At Francis Marion, tuition increased by 8.1 percent last year and the university has seen a 38 percent tuition increase over the past five years. Having a post-secondary program will serve little purpose if our children cannot afford to participate. It is for these reasons that I am vetoing S. 1252, R-363, and returning it without my approval. Sincerely, /s/ Mark Sanford VETO OVERRIDDEN (R363, S1252 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-7-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO ADD TWO MEMBERS TO THE BOARD, PROVIDE FOR THEIR APPOINTMENT, PROVIDE THAT BOARD MEMBERS RECEIVE NO COMPENSATION AND REVISE THE BOARD'S REPORTING DUTIES; TO AMEND SECTION 2-75-30, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE ENDOWMENT FUNDING OF THIRTY MILLION DOLLARS ANNUALLY FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACT, ESTABLISH REQUIREMENTS FOR THE FUNDING OF THESE APPROPRIATIONS, PROVIDE WHAT FUNDS, INCLUDING INTEREST EARNINGS, CONSTITUTE THE TOTAL FUNDS APPROPRIATED, AND PROVIDE FOR THE REVIEW PROCESS FOR THE AWARDING OF ENDOWED CHAIR PROPOSALS; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO ENCOURAGE ELIGIBLE RESEARCH UNIVERSITIES TO PARTNER WITH OTHER SOUTH CAROLINA COLLEGES AND UNIVERSITIES TO DEVELOP PROPOSALS TO ENHANCE THIS STATE'S ECONOMIC COMPETITIVENESS AND TO ENHANCE SCIENCE AND ENGINEERING; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES; AND TO AMEND CHAPTER 133 OF TITLE 59, RELATING TO FRANCIS MARION UNIVERSITY BY DESIGNATING EXISTING PROVISIONS FOR FRANCIS MARION UNIVERSITY AS ARTICLE 1, TITLED "GENERAL PROVISIONS" AND ADDING ARTICLE 3 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS. The veto of the Governor was taken up for immediate consideration. Senator LEATHERMAN 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 34; Nays 4 AYES Alexander Anderson Campbell Ceips Cromer Drummond Elliott Fair Ford * Gregory Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin McConnell McGill O'Dell Patterson Peeler Rankin Reese Scott Setzler Sheheen Thomas Verdin Williams Total--34 NAYS Bryant Campsen Massey Vaughn Total--4 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.363, S. 1252 by a vote of 103 to 0: (R363, S1252 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 2-75-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-7-10, RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO ADD TWO MEMBERS TO THE BOARD, PROVIDE FOR THEIR APPOINTMENT, PROVIDE THAT BOARD MEMBERS RECEIVE NO COMPENSATION AND REVISE THE BOARD'S REPORTING DUTIES; TO AMEND SECTION 2-75-30, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO PROVIDE ENDOWMENT FUNDING OF THIRTY MILLION DOLLARS ANNUALLY FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACT, ESTABLISH REQUIREMENTS FOR THE FUNDING OF THESE APPROPRIATIONS, PROVIDE WHAT FUNDS, INCLUDING INTEREST EARNINGS, CONSTITUTE THE TOTAL FUNDS APPROPRIATED, AND PROVIDE FOR THE REVIEW PROCESS FOR THE AWARDING OF ENDOWED CHAIR PROPOSALS; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO ENCOURAGE ELIGIBLE RESEARCH UNIVERSITIES TO PARTNER WITH OTHER SOUTH CAROLINA COLLEGES AND UNIVERSITIES TO DEVELOP PROPOSALS TO ENHANCE THIS STATE'S ECONOMIC COMPETITIVENESS AND TO ENHANCE SCIENCE AND ENGINEERING; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES; AND TO AMEND CHAPTER 133 OF TITLE 59, RELATING TO FRANCIS MARION UNIVERSITY BY DESIGNATING EXISTING PROVISIONS FOR FRANCIS MARION UNIVERSITY AS ARTICLE 1, TITLED "GENERAL PROVISIONS" AND ADDING ARTICLE 3 SO AS TO ALLOW THE FRANCIS MARION BOARD OF TRUSTEES TO ISSUE REVENUE BONDS FOR THE CONSTRUCTION OF ATHLETIC FACILITIES BY RESOLUTION, TO PROVIDE THE MANNER AND TERMS BY WHICH THE BONDS ARE ISSUED, AND TO DEFINE CERTAIN TERMS. Very respectfully, Speaker of the House Received as information. PRESIDENT Pro Tempore PRESIDES At 5:26 P.M., Senator McCONNELL assumed the Chair. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.386, H. 4743 by a vote of 86 to 19: (R386, H4743 (Word version)) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION 6-11-175 SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R386, H4743 (Word version)) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION 6-11-175 SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES. The veto of the Governor was taken up for immediate consideration. Senator LEATHERMAN 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 35; Nays 7 AYES Alexander Anderson Ceips Courson Cromer Drummond Elliott Fair Ford Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Massey Matthews McGill O'Dell Patterson Peeler Pinckney Rankin Reese Scott Setzler Sheheen Thomas Vaughn Williams * Total--35 NAYS Bryant Campbell Campsen Gregory Martin McConnell Verdin Total--7 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.390, H. 4773 by a vote of 105 to 0: (R390, H4773 (Word version)) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS AND INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT, ASSISTING IN THE ERECTION AND FURNISHING A BUILDING FOR USE BY THE COMMISSION IN DORCHESTER COUNTY, AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R390, H4773 (Word version)) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS AND INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT, ASSISTING IN THE ERECTION AND FURNISHING A BUILDING FOR USE BY THE COMMISSION IN DORCHESTER COUNTY, AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM. The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.385, H. 4470 by a vote of 109 to 0: (R385, H4470 (Word version)) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-390 SO AS TO PROVIDE THAT A PUBLIC OR PRIVATE UTILITY MAY NOT IMPOSE A TAP FEE, RECURRING MAINTENANCE FEE, OR OTHER FEE, HOWEVER DESCRIBED FOR THE INSTALLATION AND MAINTENANCE OF A FIRE SPRINKLER SYSTEM THAT EXCEEDS THE ACTUAL COSTS ASSOCIATED WITH THE WATER LINE TO THE SYSTEM AND TO DEFINE ACTUAL COSTS; BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A PROPERTY TAX CREDIT, AT THE OPTION OF THE PROPERTY-TAXING ENTITY FOR TWENTY-FIVE PERCENT OF THE COSTS OF INSTALLING A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN SUCH INSTALLATION IS NOT REQUIRED BY LAW, TO ALLOW AN INCOME TAX CREDIT IN THE AMOUNT OF THE PROPERTY TAX CREDIT, TO PROVIDE THE MANNER IN WHICH THESE CREDITS ARE USED WHEN EARNED BY PASS-THROUGH ENTITIES, AND TO MAKE UNUSED CREDITS TRANSFERABLE BY THE STRUCTURE'S OWNER TO A TENANT; TO AMEND SECTION 12-37-3130, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO PROVIDE THAT THE INSTALLATION OF A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW IS NOT AN ADDITION OR IMPROVEMENT; BY ADDING SECTION 10-1-80 SO AS TO PROHIBIT ENFORCEMENT OF THAT PORTION OF THE INTERNATIONAL FIRE CODE OR NATIONALLY RECOGNIZED FIRE CODE THAT PROHIBITS THE USE OF NATURAL CUT TREES IN CELEBRATIONS IN HOUSES OF WORSHIP; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE VALUE OF FIRE SPRINKLER SYSTEM EQUIPMENT INSTALLED IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW AND TO PROVIDE THAT THIS EXEMPTION APPLIES UNTIL THE PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R385, H4470 (Word version)) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-390 SO AS TO PROVIDE THAT A PUBLIC OR PRIVATE UTILITY MAY NOT IMPOSE A TAP FEE, RECURRING MAINTENANCE FEE, OR OTHER FEE, HOWEVER DESCRIBED FOR THE INSTALLATION AND MAINTENANCE OF A FIRE SPRINKLER SYSTEM THAT EXCEEDS THE ACTUAL COSTS ASSOCIATED WITH THE WATER LINE TO THE SYSTEM AND TO DEFINE ACTUAL COSTS; BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A PROPERTY TAX CREDIT, AT THE OPTION OF THE PROPERTY-TAXING ENTITY FOR TWENTY-FIVE PERCENT OF THE COSTS OF INSTALLING A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN SUCH INSTALLATION IS NOT REQUIRED BY LAW, TO ALLOW AN INCOME TAX CREDIT IN THE AMOUNT OF THE PROPERTY TAX CREDIT, TO PROVIDE THE MANNER IN WHICH THESE CREDITS ARE USED WHEN EARNED BY PASS-THROUGH ENTITIES, AND TO MAKE UNUSED CREDITS TRANSFERABLE BY THE STRUCTURE'S OWNER TO A TENANT; TO AMEND SECTION 12-37-3130, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO PROVIDE THAT THE INSTALLATION OF A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW IS NOT AN ADDITION OR IMPROVEMENT; BY ADDING SECTION 10-1-80 SO AS TO PROHIBIT ENFORCEMENT OF THAT PORTION OF THE INTERNATIONAL FIRE CODE OR NATIONALLY RECOGNIZED FIRE CODE THAT PROHIBITS THE USE OF NATURAL CUT TREES IN CELEBRATIONS IN HOUSES OF WORSHIP; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE VALUE OF FIRE SPRINKLER SYSTEM EQUIPMENT INSTALLED IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW AND TO PROVIDE THAT THIS EXEMPTION APPLIES UNTIL THE PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST. The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.392, H. 4815 by a vote of 93 to 0: (R392, H4815 (Word version)) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: AN ACT TO AMEND SECTION 1-30-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; AND TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R392, H4815 (Word version)) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: AN ACT TO AMEND SECTION 1-30-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; AND TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION. The veto of the Governor was taken up for immediate consideration. Senator McGILL spoke on the veto. Senator CAMPSEN argued in favor of sustaining the veto of the Governor. 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 29; Nays 9 AYES Alexander Anderson Ceips Cromer Drummond Elliott Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin McConnell McGill O'Dell Patterson Peeler Pinckney Reese Sheheen Thomas Verdin Williams * Total--29 NAYS Bryant Campbell Campsen Courson Fair Gregory Massey Setzler Vaughn Total--9 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.382, H. 4339 by a vote of 103 to 1: (R382, H4339 (Word version)) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, IF OTHERWISE ELIGIBLE, ALSO MAY RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R382, H4339 (Word version)) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, IF OTHERWISE ELIGIBLE, ALSO MAY RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007. The veto of the Governor was taken up for immediate consideration. Senator LEATHERMAN moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.427, H. 4950 by a vote of 104 to 1: (R427, H4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT". Very respectfully, Speaker of the House Received as information. VETO SUSTAINED (R427, H4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT". The veto of the Governor was taken up for immediate consideration. Senator HAYES 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 0; Nays 43 AYES Total--0 NAYS Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.398, H. 5012 by a vote of 83 to 21: (R398, H5012 (Word version)) -- Rep. Chalk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R398, H5012 (Word version)) -- Rep. Chalk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE. The veto of the Governor was taken up for immediate consideration. Senator FAIR moved that the veto of the Governor be overridden. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.417, H. 3912 by a vote of 96 to 13: (R417, H3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION 38-59-25 SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R417, H3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION 38-59-25 SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE. The veto of the Governor was taken up for immediate consideration. Senator PEELER 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 34; Nays 5 AYES Alexander Anderson Bryant Campbell Ceips Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy McGill O'Dell Patterson Peeler Pinckney Reese Scott * Setzler Thomas Vaughn Verdin Williams * Total--34 NAYS Campsen Martin Massey McConnell Sheheen Total--5 *These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.378, H. 3993 by a vote of 63 to 41: (R378, H3993 (Word version)) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "HISTORIC BASEBALL LEAGUES DAY" IN SOUTH CAROLINA. Very respectfully, Speaker of the House Received as information. ACTING PRESIDENT PRESIDES At 6:24 P.M., Senator MARTIN assumed the Chair. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.395, H. 4982 by a vote of 11 to 1: (R395, H4982 (Word version)) -- Rep. Hayes: AN ACT TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R395, H4982 (Word version)) -- Rep. Hayes: AN ACT TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES. 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 1; Nays 0 AYES Elliott Total--1 NAYS Total--0 The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.416, H. 3812 by a vote of 110 to 0: (R416, H3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R416, H3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND. The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.421, H. 4554 by a vote of 103 to 1: (R421, H4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION. Very respectfully, Speaker of the House Received as information. VETO OVERRIDDEN (R421, H4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION. The veto of the Governor was taken up for immediate consideration. The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?" The "ayes" and "nays" were demanded and taken, resulting as follows: Ayes 43; Nays 0 AYES Alexander Anderson Bryant Campbell Campsen Ceips 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 * Scott Setzler Sheheen Thomas Vaughn Verdin Williams Total--43 NAYS Total--0 *This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly. Motion to Ratify Adopted At 6:15 P.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 7:00 P.M. There was no objection and a message was sent to the House accordingly. THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE. S. 429-REPORT OF THE COMMITTEE CONFERENCE ADOPTED S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE. On motion of Senator MALLOY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration. Senator MALLOY spoke on the report. On motion of Senator MALLOY, the Report of the Committee of Conference to S. 429 was adopted as follows: S. 429--Conference Report The General Assembly, Columbia, S.C., June 25, 2008 The COMMITTEE OF CONFERENCE, to whom was referred: S. 429 (Word version) -- Senators Malloy and Jackson: TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE. Beg leave to report that they have duly and carefully considered the same and recommend: That the same do pass with the following amendments: (Reference is to Printer's Date 6/5/08--S.) Amend the bill, as and if amended, by striking all after the enacting words and inserting the following: / SECTION 1. Title 17 of the 1976 Code is amended by adding: "Chapter 28 Article 1 Post-Conviction DNA Procedures Section 17-28-10. This article may be cited as the 'Access to Justice Post-Conviction DNA Testing Act'. Section 17-28-20. For purposes of this article: (1) 'Biological material' means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes. (2) 'Custodian of evidence' means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding. (3) 'DNA' means deoxyribonucleic acid. (4) 'DNA profile' means the results of any testing performed on a DNA sample. (5) 'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples. (6) 'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained. (7) 'Incarceration' means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program. (8) 'Law enforcement agency' means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws. (9) 'Physical evidence' means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section 17-28-30, and that is in the possession of a custodian of evidence. Section 17-28-30. (A) A person who pled not guilty to at least one of the following offenses, was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication: (1) murder (Section 16-3-10); (2) killing by poison (Section 16-3-30); (3) killing by stabbing or thrusting (Section 16-3-40); (4) voluntary manslaughter (Section 16-3-50); (5) homicide by child abuse (Section 16-3-85(A)(1)); (6) aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2)); (7) lynching in the first degree (Section 16-3-210); (8) killing in a duel (Section 16-3-430); (9) spousal sexual battery (Section 16-3-615); (10) criminal sexual conduct in the first degree (Section 16-3-652); (11) criminal sexual conduct in the second degree (Section 16-3-653); (12) criminal sexual conduct in the third degree (Section 16-3-654); (13) criminal sexual conduct with a minor (Section 16-3-655); (14) arson in the first degree resulting in death (Section 16-11-110(A)); (15) burglary in the first degree for which the person is sentenced to ten years or more (Section 16-11-311(B)); (16) armed robbery for which the person is sentenced to ten years or more (Section 16-11-330(A)); (17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section 16-11-540); (18) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); (19) sexual misconduct with an inmate, patient, or offender (Section 44-23-1150); (20) unlawful removing or damaging of an airport facility or equipment resulting in death (Section 55-1-30(3)); (21) interference with traffic-control devices or railroad signs or signals resulting in death (Section 56-5-1030(B)(3)); (22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section 56-5-2945); (23) obstruction of railroad resulting in death (Section 58-17-4090); or (24) accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection. (B) A person who pled guilty or nolo contendere to at least one of the offenses enumerated in subsection (A), was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication no later than seven years from the date of sentencing. Section 17-28-40. (A) The application must be made on such form as prescribed by the Supreme Court. (B) The application must be verified by the applicant and filed under the original indictment number or petition with the clerk of court of the general sessions court or family court in which the conviction or adjudication took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. (C) The application must, under penalty of perjury: (1) identify the proceedings in which the applicant was convicted or adjudicated; (2) give the date of the entry of the judgment and sentence and identify the applicant's current place of incarceration; (3) identify all previous or ongoing proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or adjudication; (4) make a reasonable attempt to identify the physical evidence or biological material that should be tested and the specific type of DNA testing that is sought; (5) explain why the identity of the applicant was or should have been a significant issue during the original court proceedings, notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (6) explain why the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or, if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, provide the results of the testing and explain how the requested DNA test would provide a substantially more probative result; (7) explain why if the DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching; and (8) provide that the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice. Section 17-28-50. (A) The clerk shall file the application upon its receipt and promptly bring it to the attention of the court and deliver for docketing a copy to the solicitor of the circuit in which the applicant was convicted or adjudicated. The Attorney General and the appropriate custodian of evidence shall be notified by the solicitor. The victim shall be notified pursuant to the provisions of Article 15, Chapter 3, Title 16. (B) Within ninety days after the forwarding of the application, or upon any further time the court may fix, the solicitor of the circuit in which the applicant was convicted or adjudicated, or the Attorney General if the Attorney General prosecuted the case, shall respond to the application. Within ninety days after the docketing of the application, or within any further time the court may fix, the victim may respond as provided in Article 15, Chapter 3, Title 16. The court may proceed with a hearing if the solicitor or Attorney General, as applicable, or the victim does not respond to the application. (C) At any time prior to entry of judgment the court may, when appropriate, issue orders for amendment of the application and for any documents related to the application including, but not limited to, pleadings, motions, and requests for extensions of time. In considering the application and related documents, the court shall take account of substance, regardless of defects of form. When the court is satisfied, on the basis of the application, the responses, or the motion of the solicitor or Attorney General, as applicable, that the applicant is not entitled to DNA testing and no purpose would be served by any further proceedings, it may indicate to the applicant and the solicitor or Attorney General, as applicable, its intention to summarily dismiss the application and its reasons for so doing. The victim shall be notified of the proposed dismissal pursuant to the provisions of Article 15, Chapter 3, Title 16. The court shall make specific findings of fact and expressly state its conclusions of law. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed, grant leave to file an amended application, or direct that the proceedings otherwise continue. (D) If the applicant has filed a previous application for DNA testing, the applicant may file a successive application, provided the applicant asserts a grounds for DNA testing which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application. Section 17-28-60. If the applicant is unable to pay court costs and expenses of counsel, these costs and expenses shall be made available to the applicant in amounts and to the extent provided pursuant to Section 17-27-60. The applicant must request counsel at the time he files his application. The court must appoint counsel for an indigent applicant after the court has determined that the application is sufficient to proceed to a hearing but prior to the actual hearing. If counsel has been appointed for the applicant in an ongoing post-conviction relief proceeding, then the counsel appointed in the post-conviction relief proceeding shall also serve as counsel for purposes of this article. The performance of counsel pursuant to this article shall not form the basis for relief in any post-conviction relief proceeding. Section 17-28-70. (A) The court shall order a custodian of evidence to preserve all physical evidence and biological material related to the applicant's conviction or adjudication pursuant to the provisions of Article 3, Chapter 28, Title 17. (B) The custodian of evidence shall prepare an inventory of the physical evidence and biological material and issue a copy of the inventory to the applicant, the solicitor or Attorney General, as applicable, and the court. (C) For physical evidence or biological material that the custodian of evidence asserts has been lost or destroyed, the court shall order a custodian of evidence to locate and provide the applicant and the solicitor or Attorney General, as applicable, with a copy of any document, note, log, or report relating to the physical evidence or biological material. (D) If no physical evidence or biological material is discovered, the court may order a custodian of evidence, in collaboration with law enforcement, to search physical evidence and biological material in the custodian of evidence's possession that would reasonably be expected to produce relevant physical evidence or biological material. The order shall provide that any physical evidence and biological material subject to this search must be adequately protected by the custodian of evidence, in collaboration with law enforcement, from interference by a third party, including, but not limited to, alteration, contamination, destruction, or tampering with the physical evidence and biological material and any chain of custody related to the physical evidence and biological material. (E) A person who willfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this section with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is subject to the provisions of Section 17-28-350. Section 17-28-80. For any physical evidence or biological material previously subjected to DNA testing whether by the applicant or the solicitor or Attorney General, as applicable, the court shall order the production of all written reports and laboratory reports prepared in connection with the DNA testing, including the underlying data and laboratory notes. Section 17-28-90. (A) The application must be heard in, and before a judge of, the general sessions court or family court in which the conviction or adjudication took place. A record of the proceedings must be made and preserved. All rules and statutes applicable in criminal proceedings are available to the applicant and the solicitor or Attorney General, as applicable. (B) The court shall order DNA testing of the applicant's DNA and the physical evidence or biological material upon a finding that the applicant has established each of the following factors by a preponderance of the evidence: (1) the physical evidence or biological material to be tested is available and is potentially in a condition that would permit the requested DNA testing; (2) the physical evidence or biological material to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect, or the testing itself may establish the integrity of the physical evidence or biological material; (3) the physical evidence or biological material sought to be tested is material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (4) the DNA results of the physical evidence or biological material sought to be tested would be material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity; (5) if the requested DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching; (6) the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or, if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, the requested DNA test would provide a substantially more probative result; and (7) the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice. (C) The court shall order that any sample taken of the applicant's DNA for purposes of DNA testing pursuant to this article or for submission to SLED pursuant to subsection (F) be taken by a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker. The applicant's counsel, if any, and the solicitor or Attorney General, as applicable, must be allowed to observe the taking of any sample. (D) The court shall order that the applicant's DNA sample and the physical evidence or biological material be tested by SLED, a local Combined DNA Index System (CODIS) laboratory, or, prior to any testing, any other laboratory approved by SLED, in an effort to ensure that the results may be entered into the State DNA Database and Combined DNA Index System. Any other type of DNA testing ordered by the court shall be conducted in consultation with SLED or a local CODIS laboratory. (E) The court shall order that the applicant pay the costs of the DNA testing. If the applicant is indigent, the costs of the DNA testing shall be paid by the State. (F) The court shall order that a sample of the applicant's DNA be submitted to SLED to compare with profiles in the State DNA Database and any federal or other law enforcement DNA database in compliance with National DNA Index System (NDIS) procedures. The sample must be submitted regardless of any previous samples submitted by the applicant. If the comparison matches a DNA profile for the offense for which the applicant was convicted or adjudicated, the DNA profile may be retained in the State DNA Database. If the comparison does not match a DNA profile for the offense for which the applicant was convicted or adjudicated, but results in a match with a DNA profile for any other offense, the DNA profile may be retained in the State DNA Database. SLED shall notify the appropriate law enforcement agency. If the comparison does not match a DNA profile for any offense, the DNA record must be destroyed. Any previous profiles must be maintained by SLED subject to the State DNA Database Act. SLED shall report to the court, the applicant, and the solicitor or Attorney General, as applicable, the results of all DNA database comparisons. The victim must be notified of the results of all DNA database comparisons pursuant to Article 15, Chapter 3, Title 16. (G) The applicant and the solicitor or Attorney General, as applicable, shall have the right to appeal a final order denying or granting DNA testing by a writ of certiorari to the Court of Appeals or the Supreme Court as provided by the South Carolina Appellate Court Rules. Section 17-28-100. (A) The results of the DNA test must be fully disclosed to the court, the applicant, and the solicitor or Attorney General, as applicable. The victim shall be notified of the results of the DNA test pursuant to Article 15, Chapter 3, Title 16. The court shall order the production of any written reports and laboratory reports prepared in connection with the DNA testing, including underlying data and notes. (B) The results of the DNA test may be used by the applicant, solicitor, or Attorney General in any post-conviction proceeding or trial. If the results of the DNA test are exculpatory, the applicant may use the exculpatory results of the DNA test as grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure. If the results of the DNA test are inconclusive, the court may allow for additional DNA testing or may dismiss the application. If the results of the DNA test are inculpatory, the court shall dismiss the application and shall, on motion of the solicitor or Attorney General, as applicable: (1) make a determination whether the applicant's assertion of actual innocence was intentionally false, and, as a result, hold the applicant in contempt of court; (2) assess against the applicant the cost of any DNA testing not already paid by the applicant; (3) forward the findings to the South Carolina Department of Corrections, who may use such finding to deny good conduct credit; and (4) forward the findings to the Department of Probation, Parole and Pardon Services, who may use the findings to deny parole. (C) Except as otherwise provided in this article, DNA records, results, and information taken from the applicant are exempt from any law requiring disclosure of information to the public. Section 17-28-110. (A) Nothing in this article prohibits a person and a solicitor or the Attorney General, as applicable, from consenting to and conducting post-conviction DNA testing by agreement of the parties. The person may use the exculpatory results of the DNA test as the grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure. (B) Nothing in this article prohibits a person from filing an application for post-conviction relief pursuant to Chapter 27, Title 17. (C) Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, or an employee of the State or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle the applicant to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial. Section 17-28-120. No more than one hundred fifty thousand dollars may be expended from the general fund in any fiscal year to administer the provisions of this article." SECTION 2. Title 17 of the 1976 Code is amended by adding: "Chapter 28 Article 3 Preservation of Evidence Section 17-28-300. This article shall be cited as the 'Preservation of Evidence Act'. Section 17-28-310. (1) 'Biological material' means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes. (2) 'Custodian of evidence' means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding. (3) 'DNA' means deoxyribonucleic acid. (4) 'DNA profile' means the results of any testing performed on a DNA sample. (5) 'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples. (6) 'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained. (7) 'Incarceration' means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program. (8) 'Law enforcement agency' means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws. (9) 'Physical evidence' means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section 17-28-320, and that is in the possession of a custodian of evidence. Section 17-28-320. (A) A custodian of evidence must preserve all physical evidence and biological material related to the conviction or adjudication of a person for at least one of the following offenses: (1) murder (Section 16-3-10); (2) killing by poison (Section 16-3-30); (3) killing by stabbing or thrusting (Section 16-3-40); (4) voluntary manslaughter (Section 16-3-50); (5) homicide by child abuse (Section 16-3-85(A)(1)); (6) aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2)); (7) lynching in the first degree (Section 16-3-210); (8) killing in a duel (Section 16-3-430); (9) spousal sexual battery (Section 16-3-615); (10) criminal sexual conduct in the first degree (Section 16-3-652); (11) criminal sexual conduct in the second degree (Section 16-3-653); (12) criminal sexual conduct in the third degree (Section 16-3-654); (13) criminal sexual conduct with a minor (Section 16-3-655); (14) arson in the first degree resulting in death (Section 16-11-110(A)); (15) burglary in the first degree for which the person is sentenced to ten years or more (Section 16-11-311(B)); (16) armed robbery for which the person is sentenced to ten years or more (Section 16-11-330(A)); (17) damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section 16-11-540); (18) abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); (19) sexual misconduct with an inmate, patient, or offender (Section 44-23-1150); (20) unlawful removing or damaging of an airport facility or equipment resulting in death (Section 55-1-30(3)); (21) interference with traffic-control devices or railroad signs or signals resulting in death (Section 56-5-1030(B)(3)); (22) driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section 56-5-2945); (23) obstruction of railroad resulting in death (Section 58-17-4090); or (24) accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection. (B) The physical evidence and biological material must be preserved: (1) subject to a chain of custody as required by South Carolina law; (2) with sufficient documentation to locate the physical evidence and biological material; and (3) under conditions reasonably designed to preserve the forensic value of the physical evidence and biological material. (C) The physical evidence and biological material must be preserved until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A). However, if the person is convicted or adjudicated on a guilty or nolo contendere plea for the offense enumerated in subsection (A), the physical evidence and biological material must be preserved for seven years from the date of sentencing, or until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first. Section 17-28-330. (A) After a person is convicted or adjudicated for at least one of the offenses enumerated in Section 17-28-320, a custodian of evidence shall register with the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, as a custodian of evidence for physical evidence or biological material related to the person's conviction or adjudication. (B) The South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, shall notify a custodian of evidence registered pursuant to subsection (A) if the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in Section 17-28-320. Section 17-28-340. (A) After a person is convicted or adjudicated for at least one of the offenses enumerated in Section 17-28-320, a custodian of evidence may petition the general sessions court or family court in which the person was convicted or adjudicated for an order allowing for disposition of the physical evidence or biological material prior to the period of time described in Section 17-28-320 if: (1) the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law; or (2) DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted. (B) The petition must: (1) be made on such form as prescribed by the Supreme Court; (2) identify the proceedings in which the person was convicted or adjudicated; (3) give the date of the entry of the judgment and sentence; (4) specifically set forth the physical evidence or biological material to be disposed of; and (5) specifically set forth the reason for the disposition. (C) The clerk of court shall file the petition upon its receipt and promptly bring it to the attention of the court and deliver a copy to the convicted or adjudicated person and the solicitor or Attorney General, as applicable. The victim shall be notified of the petition pursuant to Article 15, Chapter 3, Title 16. (D) The convicted or adjudicated person and the solicitor or Attorney General, as applicable, shall have one hundred and eighty days to respond to the petition. The victim may respond within one hundred and eighty days in accordance with the provisions of Article 15, Chapter 3, Title 16. (E) After a hearing, the court may order that the custodian of evidence may dispose of the physical evidence or biological material if the court determines by preponderance of evidence that: (1) the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law, or DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted; (2) the convicted or adjudicated person, the solicitor or Attorney General, as applicable, and the victim have been notified of the petition for an order to dispose of the physical evidence or biological material; (3) the convicted or adjudicated person did not file an affidavit declaring, under penalty of perjury, the person's intent to file an application for post-conviction DNA testing of the physical evidence or biological material pursuant to Article 1, Chapter 28, Title 17 within ninety days followed by the actual filing of the application; (4) the solicitor or the Attorney General, as applicable, and the victim have not filed a response requesting that the physical evidence or biological material not be disposed of; and (5) no other provision of federal or state law, regulation, or court rule requires preservation of the physical evidence or biological material. (F) If the court issues an order for the disposition of the physical evidence or biological material, the court may require a custodian of evidence to take reasonable measures to remove and preserve portions of the physical evidence or biological material in a quantity sufficient to: (1) permit future DNA testing or other scientific analysis; or (2) for other reasons, upon request and good cause shown, by the solicitor or Attorney General, as applicable, or the victim. Section 17-28-350. A person who wilfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this article with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense, and not more than five thousand dollars or imprisoned for not more than one year, or both, for each subsequent violation. Section 17-28-360. Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, an employee of the State, or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle a person to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial." SECTION 3. A. This SECTION may be referred to and cited as the "Unidentified Human Remains DNA Database Act". B. Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding: "Section 23-3-625. Family members of a missing person may submit DNA samples to the State Law Enforcement Division (SLED). If the person is missing thirty days after a missing person report has been submitted to the Missing Person Information Center, SLED must conduct DNA identification, typing, and testing on the family members' samples. SLED may, within its discretion, conduct DNA identification, typing, and testing on the family members' samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. If SLED does not have the technology necessary for a particular method of DNA identification, typing, or testing, SLED may submit the DNA samples to a Combined DNA Indexing System (CODIS) laboratory that has the appropriate technology. The results of the identification, typing, and testing must be entered into CODIS." C. Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding: "Section 23-3-635. Upon notification by the Medical University of South Carolina or other facility preserving the body of an unidentified person that the body remains unidentified after thirty days, the State Law Enforcement Division (SLED) must conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples provided to SLED pursuant to Section 17-7-25. SLED may, within its discretion, conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. The results of the identification, typing, and testing must be entered into the Combined DNA Indexing System." D. Article 1, Chapter 7, Title 17 of the 1976 Code is amended by adding: "Section 17-7-25. A coroner performing an autopsy on an unidentified body must obtain tissue and fluid samples suitable for DNA identification, typing, and testing. The samples must be transmitted to the State Law Enforcement Division." E. Section 17-5-570(B) of the 1976 Code is amended to read: "(B) If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body remains unidentified thirty days after the coroner forwarded the body, the Medical University of South Carolina or other facility preserving the body must immediately notify the State Law Enforcement Division (SLED). If the body has not been identified at the end of that time within thirty days after SLED has entered the unidentified person's DNA profile into the Combined DNA Indexing System pursuant to Section 23-3-635, the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition." F. This SECTION takes effect upon approval by the Governor. SECTION 4. A. This SECTION may be cited as the "South Carolina Protection from Violence Against Women and Children Act". B. Chapter 3, Title 23 of the 1976 Code is amended by adding: "Section 23-3-615. As used in this article: (A) 'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained; (B) 'DNA profile' means the results of any testing performed on a DNA sample; and (C) 'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples." C. Section 23-3-620 of the 1976 Code is amended to read: "Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for: (1) a felony offense or an offense that is punishable by a sentence of five years or more; or (2) eavesdropping, peeping, or stalking, any of which are committed in this State, a person, except for any juvenile, arrested or ordered by a court must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:. Additionally, any person, including any juvenile, ordered to do so by a court, and any juvenile convicted or adjudicated delinquent for an offense contained in items (1) or (2), must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database. (1) any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for: (a) eavesdropping or peeping (Section 16-17-470); or (b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and (2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample. (B) A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, sheriff's office that serves a courtesy summons, courthouse where a direct presentment indictment is served, or other location as specified by the sentencing court detention facility at the time the person is booked and processed into the jail or detention facility following the custodial arrest, or other location when the taking of fingerprints is required prior to a conviction. The sample must be submitted to SLED as directed by SLED. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody before providing a DNA sample must provide a DNA sample at a location specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance. (C)(B) At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by: (1) a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for: (a) eavesdropping or peeping (Section 16-17-470); or (b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and (2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004. (D)(C) An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2) (B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement. (E)(D) At such time as possible and Unless a sample has already been provided pursuant to the provisions of subsection (A), before release a person is released from confinement or release released from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by: (1) a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for: (a) eavesdropping or peeping (Section 16-17-470); or (b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and (2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004. (F) A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED. (G)(E) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination prior to the creation of a DNA record or DNA profile suitable for inclusion in the DNA Database. (H)(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510." D. Section 23-3-630 of the 1976 Code is amended to read: "Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other an appropriately trained health care worker person may take a sample from which DNA may be obtained. (B) A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood a sample." E. Section 23-3-650 of the 1976 Code is amended to read: "Section 23-3-650. (A) The DNA sample record and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These records and results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample results. However, SLED must not make the DNA record or the DNA profile available to any entity that is not a law enforcement agency unless instructed to do so by order of a court with competent jurisdiction. (B) To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA Database. (B)(C) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both. (C)(D) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both." F. Section 23-3-660 of the 1976 Code is amended to read: "Section 23-3-660. (A) A person whose DNA record or DNA profile has been included in the State DNA Database may request expungement on the grounds that must have his DNA record and his DNA profile expunged if: (1) the charges pending against the person who has been arrested or ordered to submit a sample: (a) have been nolle prossed; (b) have been dismissed; or (c) have been reduced below the requirement for inclusion in the State DNA Database; or (2) the person has been found not guilty, or the person's conviction or adjudication has been reversed, set aside, or vacated. (B) The solicitor in the county in which the person was charged must notify SLED when the person becomes eligible to have his DNA record and DNA profile expunged. Upon receiving this notification, SLED must begin the expungement procedure. (C) SLED, at no cost to the person, shall must purge DNA and all other identifiable record information and the DNA profile from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either: (1) a document certified: (a) by a circuit court judge; (b) by a prosecuting agency; or (c) by a clerk of court; that must be produced to the requestor at no charge within fourteen days after the request is made and after one of the events in subsection (A) has occurred, and no new trial has been ordered by a court of competent jurisdiction; or (2) a certified copy of the court order finding the person not guilty, or reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged. (D) The person's entry in the State DNA Database shall not be removed if the person has another qualifying offense. (E) The jail intake officer, sheriff's office employee, courthouse employee, or detention facility intake officer shall provide written notification to the person of his right to have his DNA record and DNA profile expunged and the procedure for the expungement pursuant to this section at the time that the person's saliva or tissue sample is taken. The written notification must include that the person is eligible to have his DNA record and his DNA profile expunged at no cost to the person when: (1) the charges pending against the person are: (a) nolle prossed; (b) dismissed; or (c) reduced below the requirement for inclusion in the State DNA Database; or (2) when the person has been found not guilty, or the person's conviction has been reversed, set aside, or vacated. (F) When SLED completes the expungement process, SLED must notify the person whose DNA record and DNA profile have been expunged and inform him, in writing, that the expungement process has been completed." G. Section 23-3-670 of the 1976 Code is amended to read: "Section 23-3-670. (A) The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must pay a two hundred and fifty dollar processing fee which may not be waived by the court. However: (1) If if the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.; and (2) If if the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court. (B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article." H. Section 23-3-120(B) of the 1976 Code is amended to read: "(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted at the time the person is booked and processed into a jail or detention facility or other location when the taking of fingerprints is required. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information." I. This SECTION takes effect on January 1, 2009. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this SECTION from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section 23-3-620. Upon this SECTION taking effect, a South Carolina law enforcement agency, which has in its possession any DNA samples that have been included in the DNA Database, immediately must destroy and dispose of the DNA samples in accordance with regulations promulgated by SLED pursuant to Section 23-3-640. SECTION 5. The repeal or amendment by the provisions of this act or 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 6. 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 7. The provisions of Section 17-28-350 become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and non-negligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date. / Amend title to conform. /s/Sen. Gerald Malloy /s/Rep. G. M. Smith /s/Sen. Jake Knotts /s/Rep. Doug Jennings Sen. Ray Cleary /s/Rep. Kris Crawford On Part of the Senate On Part of the House. , and a message was sent to the House accordingly. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on: S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE. Very respectfully, Speaker of the House Received as information. Message from the House Columbia, S.C., June 25, 2008 Mr. President and Senators: The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification: S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE. Very respectfully, Speaker of the House Received as information. H. 4355--FREE CONFERENCE POWERS GRANTED FREE CONFERENCE COMMITTEE APPOINTED REPORT OF THE COMMITTEE OF FREE CONFERENCE ADOPTED H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX. On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration. Senator LEATHERMAN spoke on the report. Senator HAYES spoke on the report. On motion of Senator HAYES, Free Conference Powers were granted. Whereupon, Senators LAND, O'DELL and HAYES were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly. On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 4355 was adopted as follows: H. 4355--Free Conference Report The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX. Beg leave to report that they have duly and carefully considered the same and recommend: That the same do pass with the following amendments: (Reference is to Printer's Version 6/4/08.) Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. Section 80C.5, Part IB of Act 310 of 2008, is amended by adding a new paragraph at the end to read: "Each state agency, as so classified by the Employee Insurance Program for purposes of providing health insurance, by September 30, 2008, shall remit the amount of premium savings as determined by the Employee Insurance Program to the State Treasurer for deposit in a fund separate and distinct from the general fund of the State and all other funds, which is hereby established within the State Treasury. Each state agency is authorized to use funds from any revenue source except federal funds for this payment. By this paragraph, these remittances are deemed to have occurred and are available for appropriation. From the amount recouped from state agencies and transferred to the separate fund established pursuant to this paragraph, the State Treasurer shall disburse the following amounts appropriated for the purposes stated: up to$3,125,000 to the State Election Commission for the 2008 General Election, to the extent that sufficient monies are not available in the Capital Reserve Fund for Fiscal Year 2007-2008, with the balance to the Department of Education for school bus fuel and parts. Unexpended funds appropriated pursuant to this paragraph may be carried forward to succeeding fiscal years and expended for the same purposes." /

/ TO AMEND ACT 310 OF 2008, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2008-2009, SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED STATE AGENCY HEALTH INSURANCE PREMIUM SAVINGS IN AMOUNTS DETERMINED BY THE EMPLOYMENT INSURANCE PROGRAM OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE MONIES CREDITED TO THIS SEPARATE FUND ARE APPROPRIATED AND MUST BE DISTRIBUTED BY THE STATE TREASURER TO THE STATE ELECTION COMMISSION FOR EXPENSES OF THE 2008 GENERAL ELECTION UP TO THE AMOUNT SPECIFIED WITH THE BALANCE TO THE STATE DEPARTMENT OF EDUCATION FOR SCHOOL BUS FUEL AND PARTS. /

/s/Sen. John Land                      /s/Rep. Dan Cooper
/s/Sen. William O'Dell                 /s/Rep. Chip Limehouse
/s/Sen. John Hayes                     /s/Rep. Herb Kirsh
On Part of the Senate                  On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Cooper in lieu of Rep. Littlejohn to the Committee of Conference on the part of the House on:

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Cooper, Limehouse and Kirsh to the Committee of Free Conference on the part of the House on:

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.
Very respectfully,
Speaker of the House

H. 4355--ENROLLED FOR RATIFICATION BY THE SENATE

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.

The Report of the Committee of Free 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.

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Agriculture and Natural Resources Committee, the following appointment was confirmed in open session:

Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Public Service Districts:
Elbert C. Warren, 2813 Antioch Road, Hartsville, SC 29550

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was confirmed in open session:

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2006, and to expire August 15, 2010
At-Large:
T. Scott Smith, 305 Lancaster Street, Southwest, Aiken, SC 29801 VICE Frances Gilbert

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Gerald W. Barron, Jr., 20 Farrell Kirk Lane, Greenville, SC 29615

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Tomothy C. Edmond, 217 Pointer Dr., Hopkins, SC 29061 VICE Valarie Stoman-Boyd

Initial Appointment, Savannah River Site Redevelopment Authority, with the term to commence October 21, 2006, and to expire October 21, 2010
Allendale County:
Sara Louise O'Neal, P. O. Box 646, Fairfax, SC 29827 VICE Dan Cannady

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
Lyman Wayne Davis, 608 North Weston Street, Fountain Inn, SC 29644

Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Thomas L. Harvin, Jr., 37 Woodlake Drive, Manning, SC 29102 VICE Joseph Postel

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 25, 2008, at 7:00 P.M. and the following Acts were ratified:

L:\COUNCIL\ACTS\429AHB08.DOC

(R430, H. 4355 (Word version)) -- Reps. Harrell, Kirsh, Bales, Lowe, E.H. Pitts, Cotty, Mahaffey, Battle and Crawford: AN ACT TO AMEND ACT 310 OF 2008, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2008-2009, SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED STATE AGENCY HEALTH INSURANCE PREMIUM SAVINGS IN AMOUNTS DETERMINED BY THE EMPLOYMENT INSURANCE PROGRAM OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE MONIES CREDITED TO THIS SEPARATE FUND ARE APPROPRIATED AND MUST BE DISTRIBUTED BY THE STATE TREASURER TO THE STATE ELECTION COMMISSION FOR EXPENSES OF THE 2008 GENERAL ELECTION UP TO THE AMOUNT SPECIFIED WITH THE BALANCE TO THE STATE DEPARTMENT OF EDUCATION FOR SCHOOL BUS FUEL AND PARTS.
L:\COUNCIL\ACTS\4355HTC08.DOC

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Master Sgt. Donnald Spencer Jolly, U. S. Air Force (Ret.), beloved husband and father, who died on June 11, 2008. Mr. Jolly proudly served our nation as a member of the U.S. Air Force, retiring after 24 years in December 1981. He continued to serve and touch lives by teaching the ROTC program at Sumter High School for 20 years. His patriotism and love for the military will live on through the students he taught over the years. Mr. Jolly had a passion for hunting, fishing, gardening and carpentry but was never too busy to lend a helping hand or an encouraging word. He was a delightful man and a dear friend who will be missed deeply by his family and wide circle of friends.

and

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Fredric G. Finley, 95 years old, of Pickens, S.C., who passed away on June 17, 2008. Mr. Finley was a beloved husband and devoted father, grandfather and great-grandfather. He was a distinguished veteran in the Pacific Theater during WWII. He was also an accomplished businessman and civic leader.

and

On motion of Senator CAMPBELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William "Bill" Miles Reeves, Jr. of Summerville, S.C.

and

On motion of Senator MASSEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. H. Sam Crouch, Sr. of Edgefield, S.C., who passed away on Friday, June 20, 2008. He was the founder of Crouch Hardware Company and was instrumental in moving the National Wild Turkey Federation headquarters to Edgefield.

At 7:10 P.M., on motion of Senator McCONNELL, the Senate adjourned under the provisions of S. 1469, the Sine Die Resolution.

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