Journal of the Senate
of the Second Session of the 117th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 8, 2008


VETOES

(A178, R185, H3379) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: AN ACT TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT FOR PURPOSES OF MEETING THE HIGH SCHOOL RANK CRITERIA FOR THESE SCHOLARSHIPS, THE EXISTING HIGH SCHOOL RANK OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED IF IT IS CALCULATED PURSUANT TO A STATE-APPROVED STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
Message fr. Hs. - Overridden (109-0)
Printed Page 861, Feb. 13
Overridden by Sen. (34-0)
Printed Page 861, Feb. 13

(R205, S771) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
Message fr. Gov. (4/2/08)
Printed Page 1835, Apr. 9
Overridden by Sen. (45-0)
Printed Page 1836, Apr. 9
Message fr. Hs. - Overridden (1-0)
Printed Page 2069, Apr. 16

(A219, R206, S990) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: AN ACT TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS BEFORE THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS INSTEAD OF FORTY-EIGHT HOURS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS SUFFICIENT CAUSE IS SHOWN BY THE SUBMITTING INDIVIDUAL.
Message fr. Gov. (5/13/08)
Printed Page 3122, May 13
Overridden by Sen. (46-0)
Printed Page 3122, May 13
Message fr. Hs. - Overridden (81-36)
Printed Page 3385, May 20

(R217, H3632) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: 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 AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
Message fr. Hs. - Sustained (62-48)
Printed Page 1851, Apr. 9
Message fr. Hs. - Reconsidered and Sustained (67-39)
Printed Page 1873, Apr. 9

(R222, H4686) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
Message fr. Hs. - Overridden (104-0)
Printed Page 1852, Apr. 9
Overridden by Sen. (45-0)
Printed Page 1852, Apr. 9

(A220, R239, S1039) -- Senator Verdin: AN ACT TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT ENACT REGULATIONS OR ORDINANCES THAT REGULATE A LANDOWNER FROM DISCHARGING A FIREARM ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES TO PROTECT HIS FAMILY, EMPLOYEES, THE GENERAL PUBLIC, OR THE PROPERTY FROM ANIMALS POSING A DIRECT THREAT OR DANGER.
Message fr. Governor (5/14/08)
Printed Page 3228, May 15
Overridden by Sen. (46-0)
Printed Page 3230, May 15
Message fr. Hs. - Overridden (100-2)
Printed Page 3530, May 22

(R244, H3084) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.
Message fr. Hs. - Sustained (63-48)
Printed Page 3529, May 22
Message fr. Hs. - Reconsidered and Sustained (40-60)
Printed Page 3641, May 27

(A223, R249, H3543) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Message fr. Hs. - Overridden (106-5)
Printed Page 3530, May 22
Overridden by Sen. (45-0)
Printed Page 3531, May 22

(A225, R252, H3816) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.
Message fr. Hs. - Overridden (78-26)
Printed Page 3540, May 22
Overridden by Sen. (45-0)
Printed Page 3540, May 22

(A366, R256, H4520) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J.H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED.
Message fr. Hs. - Overridden (92-10)
Printed Page 3538, May 22
Overridden by Sen. (45-0)
Printed Page 3539, May 22

(A229, R261, H4774) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W.D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Message fr. Hs. - Overridden (78-23)
Printed Page 3532, May 22
Overridden by Sen. (45-0)
Printed Page 3532, May 22

(A376, R263, H4844) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
Message fr. Hs. - Overridden (1-0)
Printed Page 3542, May 22
Overridden by Sen. (45-0)
Printed Page 3542, May 22

(R270, S401) -- Senators Setzler and Leatherman: AN ACT TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; TO AMEND SECTION 11-35-1524, AS AMENDED, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES; TO AMEND SECTION 11-35-40, AS AMENDED, RELATING TO COMPLIANCE WITH FEDERAL REQUIREMENTS, SO AS TO PROVIDE FOR COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3215, RELATING TO CONTRACTS FOR DESIGN SERVICES, SO AS TO PROVIDE FOR A RESIDENT PREFERENCE; AND TO REPEAL SECTION 11-35-3025 RELATING TO APPROVAL OF CHANGE ORDERS IN CONNECTION WITH CERTAIN CONTRACTS.
Message fr. Governor (5/21/08)
Printed Page 3534, May 22
Overridden by Sen. (45-0)
Printed Page 3236, May 15
Message fr. Hs. - Sustained (63-37)
Printed Page 4017, May 29

(A261, R274, H3649) -- Reps. Witherspoon, Merrill, Agnew, Anthony, Brady, R. Brown, Duncan, Funderburk, Hagood, Hardwick, Herbkersman, Hiott, Kelly, Loftis, Moss, Ott, E.H. Pitts, Scott, Talley, Toole, Umphlett, Cobb-Hunter, Leach, Cato, Clemmons, Barfield, Ceips, Dantzler, Hamilton, Howard, Jefferson, Lowe, Phillips, G.R. Smith, J.R. Smith, Stavrinakis, Bannister, J.H. Neal, Stewart, Sellers, Mitchell, Williams, G.M. Smith and Mahaffey: AN ACT TO AMEND SECTION 12-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX REBATES ON ECOLOGICALLY FRIENDLY VEHICLES AND INCENTIVE PAYMENTS FOR ALTERNATIVE FUEL PURCHASE AND PRODUCTION OF ELECTRICITY OR METHANE GAS, SO AS TO DELETE THE SALES TAX REBATE ON FLEXIBLE FUEL VEHICLES, TO SHORTEN THE TIME PERIOD THE ALTERNATIVE FUEL PURCHASE INCENTIVE IS AVAILABLE, TO BROADEN THE INCENTIVE PAYMENT QUALIFICATIONS FOR THE PRODUCTION OF ELECTRICITY OR METHANE GAS FUEL, TO REPLACE "METHANE GAS FUEL" WITH "ENERGY", AND TO DELETE THE LIMITATIONS ON THE INCENTIVE AMOUNTS; TO AMEND SECTION 46-3-260, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND AND LOW INTEREST LOANS AND GRANTS, SO AS TO EXPAND THE PURVIEW OF THE MATCHING GRANTS FOR NEW AND FUTURE BIOMASS TECHNOLOGIES TO INCLUDE SOLAR, GEOTHERMAL, WIND ENERGY, AND SMALL HYDROPOWER TECHNOLOGIES AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE DEPARTMENT OF REVENUE MAY ADMINISTER THE FUND AND COORDINATE ITS EFFORTS WITH THE STATE ENERGY OFFICE; TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO TAX CREDITS FOR AN ETHANOL AND BIODIESEL FACILITY, SO AS TO EXTEND THE TAX CREDIT TO 2017, TO ALLOW THE TAXPAYER TO CLAIM THE CREDIT FOR THE FIRST SIX MONTHS IT MET THE REQUIREMENTS IN ADDITION TO QUALIFYING FOR THE CURRENT TAXABLE YEAR; TO ALLOW UNUSED CREDIT TO BE CARRIED FORWARD FOR TEN YEARS, TO REQUIRE APPROVAL BY THE STATE ENERGY OFFICE RATHER THAN THE DEPARTMENT OF REVENUE, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3610, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF PURCHASING AND INSTALLING PROPERTY TO DISTRIBUTE AND DISPENSE RENEWABLE FUELS, SO AS TO REVISE THE DEFINITION OF "RENEWABLE FUEL" FOR CERTAIN TAXPAYERS WHO PURCHASE OR CONSTRUCT QUALIFYING FACILITIES OR COMMERCIAL FACILITIES, TO DELETE THE ONE HUNDRED FIFTY THOUSAND DOLLAR LIMIT, AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; TO AMEND SECTION 12-6-3620, AS AMENDED, RELATING TO TAX CREDITS FOR THE COST OF METHANE GAS USE, SO AS TO DELETE THE PROVISIONS RELATED TO METHANE GAS, TO END THE TAX CREDIT ALLOWABLE FOR THE PURCHASE AND INSTALLATION OF CERTAIN ENERGY-CREATING FUELS WITH NO LESS THAN NINETY PERCENT BIOMASS RESOURCE, TO ALLOW THE STATE ENERGY OFFICE TO CONSULT WITH OTHER SPECIFIED AGENCIES TO CERTIFY THE COSTS OF THE TAXPAYER, TO PROVIDE PARAMETERS FOR THE TAX CREDIT, TO REDEFINE "BIOMASS RESOURCE", AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS; AND TO AMEND SECTION 12-6-3631, RELATING TO THE BIODIESEL EXPENDITURES TAX CREDIT, SO AS TO EXPAND THE DEFINITIONS OF "QUALIFIED EXPENDITURES FOR RESEARCH AND DEVELOPMENT" AND "CELLULOSIC ETHANOL" AND TO REQUIRE EACH TAXPAYER TO SUBMIT A REQUEST TO THE STATE ENERGY OFFICE WITHIN A SPECIFIED TIME PERIOD AND SUBJECT TO CERTAIN PRESCRIBED CONDITIONS.
Message fr. Hs. - Overridden (95-0)
Printed Page 4012, May 29
Overridden by Sen. (42-1)
Printed Page 4014, May 29

(A245, R285, S1085) -- Senators McConnell and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
Message fr. Governor (5/29/08)
Printed Page 3834, May 29
Overridden by Sen. (43-0)
Printed Page 3837, May 29
Message fr. Hs. - Overridden (107-0)
Printed Page 4056, June 3

(A384, R286, S1161) -- Senator Williams: AN ACT TO AMEND ACT 254 OF 1981, RELATING TO THE MARION COURT LIBRARY COMMISSION AND THE MARION COURT LIBRARY, TO PROVIDE THAT FUNDS REMAINING IN THE MARION COURT LIBRARY FUND AFTER PURCHASING BOOKS, LEGAL PERIODICALS, AND OTHER NECESSARY LIBRARY SUPPLIES MAY BE USED FOR THE COURT SYSTEM IN MARION COUNTY.
Message fr. Governor (5/28/08)
Printed Page 3839, May 29
Overridden by Sen. (43-0)
Printed Page 3840, May 29
Message fr. Hs. - Overridden (2-0)
Printed Page 4057, June 3

(R288, H3567) -- Reps. Rice, Gullick, Cotty and Agnew: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE DEPARTMENT OF AGRICULTURE FOR MARKETING STATE-GROWN CROPS, THE MEDICAID TRUST FUND, AND THE HEALTH CARE TRUST FUND, PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE MEDICAID TRUST FUND, THE HEALTH CARE TRUST FUND, AND THE PALMETTO HEALTH CARE SAFETY NET TRUST FUND, ALL SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROVIDE FOR USE OF THE MEDICAID TRUST FUND FOR MEDICAID SERVICES TO LOW INCOME FAMILIES WITH INCOMES UP TO ONE HUNDRED PERCENT OF THE PREVAILING POVERTY LEVEL, PROVIDE FOR ADDITIONAL COVERAGE FOR THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND THE AGED, BLIND, AND DISABLED PROGRAM WITH ANY EXCESS FUNDS, AND TO PROVIDE FOR ANNUAL REPORTS ON THE MEDICAID TRUST FUND; BY ADDING CHAPTER 62 TO TITLE 38 SO AS TO CREATE AND ESTABLISH THE PALMETTO HEALTH CARE PREMIUM ASSISTANCE PROGRAM, PROVIDING FOR PREMIUM ASSISTANCE IN THE AVERAGE AMOUNT OF TWO THOUSAND DOLLARS TO AN ELIGIBLE INDIVIDUAL TOWARD THE PURCHASE OF A QUALIFYING HEALTH INSURANCE PLAN, DESCRIBING ELIGIBILITY REQUIREMENTS AND THE CERTIFICATION PROCESS, DEFINING THE QUALIFYING INDIVIDUALLY OR EMPLOYER-SPONSORED INSURANCE PLANS, AND PROVIDING FOR ADMINISTRATION AND REPORTING BY THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 38-74-75 SO AS TO CREATE THE PALMETTO HEALTH CARE SAFETY NET PROGRAM, ESTABLISHING A SELF-SUSTAINING AND FINANCIALLY INDEPENDENT PORTION OF THE PREMIUM ASSISTANCE POOL, AND PROVIDING FOR ELIGIBILITY REQUIREMENTS, ADMINISTRATION, AND REPORTING BY THE DEPARTMENT OF INSURANCE AND OPERATING GUIDELINES; TO PROHIBIT THE EXCESSIVE PURCHASE OF CIGARETTES FOR RESALE IN ANTICIPATION OF THE APPLICATION OF THE SURTAX; AND TO CREATE A STUDY COMMITTEE ON HEALTH CARE ACCESS AND AFFORDABILITY, PROVIDE FOR ITS MEMBERSHIP, AND REQUIRE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS BY JANUARY 1, 2010.
Message fr. Hs. - Sustained (54-57)
Printed Page 4018, May 29

(A295, R289, H3906) -- Reps. Witherspoon and Moss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.
Message fr. Hs. - Sustained (68-45)
Printed Page 4125, June 4
Message fr. Hs. - Reconsidered and Overridden (114-0)
Printed Page 4125, June 4
Overridden by Sen. (43-1)
Printed Page 4126, June 4

(R290, H4328) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
Message fr. Hs. - Sustained (66-44)
Printed Page 4128, June 4
Message fr. Hs. - Reconsidered and Overridden (92-26)
Printed Page 4129, June 4
Carried Over by Sen.
Printed Page 4131, June 4

(R293, H4800) -- Ways and Means Committee: (GENERAL APPROPRIATIONS ACT) AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Veto 1 - Sustained by Hs. (60-44)
Printed Page 4169, June 4
Reconsidered and Overridden by Hs. (83-35)
Printed Page 4169, June 4
Overridden by Sen. (35-9)
Printed Page 4170, June 4
Veto 2 - Sustained by Hs. (60-49)
Printed Page 4171, June 4
Reconsidered and Sustained by Hs. (66-54)
Printed Page 4171, June 4
Veto 3 - Sustained by Hs. (51-59)
Printed Page 4172, June 4
Reconsidered and Overridden by Hs. (97-22)
Printed Page 4172, June 4
Overridden by Sen. (36-8)
Printed Page 4173, June 4
Veto 4 - Overridden by Hs. (86-32)
Printed Page 4174, June 4
Overridden by Sen. (27-11)
Printed Page 4174, June 4
Veto 5 - Overridden by Hs. (87-33)
Printed Page 4175, June 4
Overridden by Sen. (29-13)
Printed Page 4176, June 4
Veto 6 - Overridden by Hs. (84-35)
Printed Page 4177, June 4
Sustained by Sen. (25-17)
Printed Page 4177, June 4
Reconsidered and Overridden by Sen. (37-6)
Printed Page 4178, June 4
Veto 7 - Overridden by Hs. (92-25)
Printed Page 4180, June 4
Overridden by Sen. (35-8)
Printed Page 4180, June 4
Veto 8 - Sustained by Hs. (48-69)
Printed Page 4181, June 4
Veto 9 - Overridden by Hs. (81-38)
Printed Page 4182, June 4
Overridden by Sen. (31-11)
Printed Page 4182, June 4
Veto 10 - Overridden by Hs. (115-4)
Printed Page 4183, June 4
Overridden by Sen. (38-6)
Printed Page 4184, June 4
Veto 11 - Overridden by Hs. (114-0)
Printed Page 4185, June 4
Overridden by Sen. (37-6)
Printed Page 4185, June 4
Veto 12 - Sustained by Hs. (64-53)
Printed Page 4187, June 4
Reconsidered and Overridden by Hs. (72-35)
Printed Page 4187, June 4
Overridden by Sen. (37-9)
Printed Page 4187, June 4
Veto 13 - Overridden by Hs. (110-0)
Printed Page 4189, June 4
Overridden by Sen. (37-5)
Printed Page 4189, June 4
Veto 14 - Overridden by Hs. (116-0)
Printed Page 4190, June 4
Overridden by Sen. (37-5)
Printed Page 4191, June 4
Veto 15 - Sustained by Hs. (71-48)
Printed Page 4192, June 4
Reconsidered and Overridden by Hs. (95-18)
Printed Page 4193, June 4
Overridden by Sen. (45-1)
Printed Page 4193, June 4
Veto 16 - Overridden by Hs. (83-35)
Printed Page 4194, June 4
Overridden by Sen. (34-9)
Printed Page 4195, June 4
Veto 17 - Overridden by Hs. (103-9)
Printed Page 4196, June 4
Overridden by Sen. (39-4)
Printed Page 4196, June 4
Veto 18 - Sustained by Hs. (35-80)
Printed Page 4198, June 4
Reconsidered and Sustained by Hs. (71-43)
Printed Page 4198, June 4
Veto 19 - Sustained by Hs. (13-104)
Printed Page 4198, June 4
Veto 20 - Overridden by Hs. (113-1)
Printed Page 4199, June 4
Overridden by Sen. (33-11)
Printed Page 4199, June 4
Veto 21 - Overridden by Hs. (105-6)
Printed Page 4201, June 4
Overridden by Sen. (34-8)
Printed Page 4201, June 4
Veto 22 - Overridden by Hs. (111-7)
Printed Page 4202, June 4
Overridden by Sen. (34-8)
Printed Page 4203, June 4
Veto 23 - Overridden by Hs. (114-4)
Printed Page 4204, June 4
Overridden by Sen. (37-5)
Printed Page 4204, June 4
Veto 24 - Overridden by Hs. (109-5)
Printed Page 4205, June 4
Overridden by Sen. (36-7)
Printed Page 4206, June 4
Veto 25 - Overridden by Hs. (112-2)
Printed Page 4207, June 4
Overridden by Sen. (37-5)
Printed Page 4207, June 4
Veto 26 - Overridden by Hs. (82-35)
Printed Page 4209, June 4
Sustained by Sen. (18-24)
Printed Page 4209, June 4
Veto 27 - Overridden by Hs. (83-36)
Printed Page 4210, June 4
Overridden by Sen. (36-5)
Printed Page 4211, June 4

Veto 28 - Sustained by Hs. (14-97)
Printed Page 4212, June 4
Reconsidered and Overridden by Hs. (110-0)
Printed Page 4213, June 4
Overridden by Sen. (37-4)
Printed Page 4213, June 4
Veto 29 - Sustained by Hs. (30-83)
Printed Page 4214, June 4
Reconsidered and Sustained by Hs. (74-41)
Printed Page 4215, June 4
Veto 30 - Overridden by Hs. (101-3)
Printed Page 4215, June 4
Overridden by Sen. (46-0)
Printed Page 4215, June 4
Veto 31 - Overridden by Hs. (103-11)
Printed Page 4217, June 4
Overridden by Sen. (39-4)
Printed Page 4217, June 4
Veto 32 - Overridden by Hs. (93-15)
Printed Page 4218, June 4
Overridden by Sen. (39-4)
Printed Page 4219, June 4
Veto 33 - Sustained by Hs. (66-54)
Printed Page 4220, June 4
Veto 34 - Sustained by Hs. (60-54)
Printed Page 4220, June 4
Reconsidered and Overridden by Hs. (90-27)
Printed Page 4221, June 4
Overridden by Sen. (31-12)
Printed Page 4221, June 4
Veto 35 - Overridden by Hs. (108-10)
Printed Page 4222, June 4
Overridden by Sen. (41-2)
Printed Page 4223, June 4
Veto 36 - Overridden by Hs. (108-12)
Printed Page 4224, June 4
Overridden by Sen. (34-9)
Printed Page 4224, June 4
Veto 37 - Sustained by Hs. (78-43)
Printed Page 4226, June 4
Veto 38 - Overridden by Hs. (95-16)
Printed Page 4226, June 4
Overridden by Sen. (34-7)
Printed Page 4226, June 4
Veto 39 - Overridden by Hs. (96-8)
Printed Page 4228, June 4
Overridden by Sen. (34-9)
Printed Page 4228, June 4
Veto 40 - Overridden by Hs. (113-4)
Printed Page 4229, June 4
Overridden by Sen. (44-2)
Printed Page 4230, June 4
Veto 41 - Overridden by Hs. (94-24)
Printed Page 4231, June 4
Overridden by Sen. (44-2)
Printed Page 4231, June 4
Veto 42 - Overridden by Hs. (82-37)
Printed Page 4233, June 4
Overridden by Sen. (44-2)
Printed Page 4233, June 4
Veto 43 - Sustained by Hs. (3-109)
Printed Page 4234, June 4
Veto 44 - Sustained by Hs. (34-85)
Printed Page 4235, June 4
Reconsidered and Overridden by Hs. (84-24)
Printed Page 4235, June 4
Overridden by Sen. (41-5)
Printed Page 4235, June 4
Veto 45 - Sustained by Hs. (22-94)
Printed Page 4237, June 4
Reconsidered and sustained (36-74)
Printed Page 4237, June 4
Veto 46 - Overridden by Hs. (77-37)
Printed Page 4237, June 4
Overridden by Sen. (35-7)
Printed Page 4238, June 4
Veto 47 - Overridden by Hs. (84-30)
Printed Page 4239, June 4
Overridden by Sen. (35-7)
Printed Page 4240, June 4
Veto 48 - Overridden by Hs. (83-29)
Printed Page 4241, June 4
Overridden by Sen. (35-7)
Printed Page 4241, June 4
Veto 49 - Overridden by Hs. (84-32)
Printed Page 4242, June 4
Overridden by Sen. (35-7)
Printed Page 4243, June 4
Veto 50 - Overridden by Hs. (82-32)
Printed Page 4244, June 4
Overridden by Sen. (35-7)
Printed Page 4244, June 4
Veto 51 - Overridden by Hs. (82-34)
Printed Page 4246, June 4
Overridden by Sen. (35-7)
Printed Page 4246, June 4
Veto 52 - Overridden by Hs. (85-35)
Printed Page 4247, June 4
Overridden by Sen. (44-2)
Printed Page 4248, June 4
Veto 53 - Sustained by Hs. (70-48)
Printed Page 4249, June 4
Veto 54 - Sustained by Hs. (41-76)
Printed Page 4249, June 4
Veto 55 - Overridden by Hs. (94-25)
Printed Page 4250, June 4
Overridden by Sen. (40-3)
Printed Page 4250, June 4
Veto 56 - Sustained by Hs. (77-44)
Printed Page 4251, June 4
Reconsidered and Overridden by Hs. (83-22)
Printed Page 4252, June 4
Overridden by Sen. (39-7)
Printed Page 4252, June 4
Veto 57 - Overridden by Hs. (103-11)
Printed Page 4253, June 4
Overridden by Sen. (45-1)
Printed Page 4254, June 4
Veto 58 - Overridden by Hs. (103-10)
Printed Page 4255, June 4
Overridden by Sen. (44-2)
Printed Page 4255, June 4
Veto 59 - Overridden by Hs. (97-16)
Printed Page 4257, June 4
Overridden by Sen. (42-4)
Printed Page 4257, June 4
Veto 60 - Sustained by Hs. (71-48)
Printed Page 4258, June 4
Reconsidered and Overridden by Hs. (80-25)
Printed Page 4259, June 4
Overridden by Sen. (43-3)
Printed Page 4259, June 4
Veto 61 - Overridden by Hs. (102-13)
Printed Page 4260, June 4
Overridden by Sen. (44-2)
Printed Page 4261, June 4
Veto 62 - Overridden by Hs. (93-12)
Printed Page 4262, June 4
Overridden by Sen. (44-2)
Printed Page 4262, June 4
Veto 63 - Overridden by Hs. (98-9)
Printed Page 4264, June 4
Overridden by Sen. (44-2)
Printed Page 4264, June 4
Veto 64 - Overridden by Hs. (100-16)
Printed Page 4265, June 4
Overridden by Sen. (44-2)
Printed Page 4266, June 4
Veto 65 - Overridden by Hs. (113-0)
Printed Page 4267, June 4
Overridden by Sen. (45-1)
Printed Page 4267, June 4

(A363, R294, H4801) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Messages fr. Hs:
Veto 1 - Overridden by Hs. (85-16)
Printed Page 4269, June 4
Overridden by Sen. (44-2)
Printed Page 4269, June 4
Veto 2 - Overridden by Hs. (81-21)
Printed Page 4270, June 4
Overridden by Sen. (44-2)
Printed Page 4271, June 4
Veto 3 - Overridden by Hs. (80-20)
Printed Page 4272, June 4
Overridden by Sen. (44-2)
Printed Page 4272, June 4
Veto 4 - Overridden by Hs. (78-25)
Printed Page 4274, June 4
Overridden by Sen. (44-2)
Printed Page 4274, June 4

(A311, R295, H4876) -- Reps. Cooper and Cotty: AN ACT TO AMEND SECTION 9-1-1810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARD OF ANNUAL COST-OF-LIVING INCREASES IN BENEFITS PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO INCREASE FROM ONE PERCENT TO TWO PERCENT THE GUARANTEED ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES; TO AMEND SECTION 9-11-310, AS AMENDED, RELATING TO THE AWARD OF AN ANNUAL COST-OF-LIVING INCREASE IN BENEFITS PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX, SO AS TO PROVIDE A GUARANTEED TWO PERCENT ANNUAL ADJUSTMENT AND TO REVISE THE CRITERIA, INCLUDING INCREASED EMPLOYER CONTRIBUTIONS, WHICH MUST BE MET BEFORE FURTHER INCREASES MAY BE AWARDED SUBJECT TO THE CURRENT OVERALL FOUR PERCENT LIMIT ON ANNUAL COST-OF-LIVING INCREASES, TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE PROVISIONS SHALL READ UPON CERTAIN CONDITIONS, AND TO PROVIDE THE ACTIONS REQUIRED BY THE STATE BUDGET AND CONTROL BOARD FOR THE ABOVE PROVISIONS TO BECOME EFFECTIVE; TO AMEND SECTION 9-8-125, AS AMENDED, RELATING TO THE ELECTION OF A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS TO RECEIVE BENEFITS FROM THE GENERAL ASSEMBLY RETIREMENT SYSTEM UNDER CERTAIN CONDITIONS, SO AS TO LOWER THE REQUIRED AGE OF THE MEMBER; TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 ALL SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; BY ADDING CHAPTER 12 TO TITLE 9 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS, AND BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND BY ADDING SECTIONS 9-8-35 AND 9-8-185 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND BY ADDING SECTIONS 9-9-31 AND 9-9-175 ALL SO AS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 ALL SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, SO AS TO PROVIDE A REFERENCE DATE OF DECEMBER 31, 2007; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.
Message fr. Hs. - Overridden (108-7)
Printed Page 4150, June 4
Overridden by Sen. (46-0)
Printed Page 4153, June 4

(A275, R303, S950) -- Senators Hutto and Matthews: AN ACT TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
Message fr. Gov. (6/4/08)
Printed Page 4443, June 5
Overridden by Sen. (44-0)
Printed Page 4444, June 5
Message fr. Hs. - Overridden (84-0)
Printed Page 4445, June 5

(A276, R307, S1022) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
Message fr. Gov. (6/4/08)
Printed Page 4446, June 5
Overridden by Sen. (44-0)
Printed Page 4447, June 5
Message fr. Hs. - Overridden (79-1)
Printed Page 4449, June 5

(A277, R319, H3028) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.
Message fr. Hs. - Overridden (93-2)
Printed Page 4456, June 5
Overridden by Sen. (42-1)
Printed Page 4456, June 5

(A278, R322, H3723) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.
Message fr. Hs. - Overridden (77-17)
Printed Page 4450, June 5
Overridden by Sen. (43-0)
Printed Page 4450, June 5

(A281, R328, H4529) -- Reps. Weeks, Whipper and R. Brown: AN ACT TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE, AND TO DELETE CERTAIN NOTICE PROVISIONS IMPOSED ON THE DEPARTMENT OF CONSUMER AFFAIRS.
Message fr. Hs. - Overridden (81-2)
Printed Page 4452, June 5
Overridden by Sen. (43-0)
Printed Page 4452, June 5

(A331, R333, H4900) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
Message fr. Hs. - Overridden (88-7)
Printed Page 4454, June 5
Overridden by Sen. (43-0)
Printed Page 4454, June 5

(R344, S799) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4728, June 25
Sustained by Sen. (19-11)
Printed Page 4729, June 25
Reconsidered and Overridden by Sen. (30-9)
Printed Page 4731, June 25
Message fr. Hs. - Sustained (6-94)
Printed Page 4733, June 25

(A337, R346, S968) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4734, June 25
Overridden by Sen. (33-1)
Printed Page 4735, June 25
Message fr. Hs. - Overridden (93-12)
Printed Page 4737, June 25

(R347, S970) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4738, June 25
Sustained by Sen. (25-13)
Printed Page 4739, June 25
Reconsidered and Overridden by Sen. (27-12)
Printed Page 4741, June 25
Message fr. Hs. - Sustained (38-65)
Printed Page 4743, June 25

(A354, R355, S1141) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4746, June 25
Overridden by Sen. (43-0)
Printed Page 4748, June 25
Message fr. Hs. - Overridden (98-0)
Printed Page 4750, June 25

(A338, R356, S1143) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4751, June 25
Overridden by Sen. (35-8)
Printed Page 4755, June 25
Message fr. Hs. - Overridden (92-9)
Printed Page 4757, June 25

(A355, R363, S1252) -- 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.
Message fr. Gov. (6/11/08)
Printed Page 4758, June 25
Overridden by Sen. (34-4)
Printed Page 4763, June 25
Message fr. Hs. - Overridden (103-0)
Printed Page 4763, June 25

(R378, H3993) -- 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.
Message fr. Hs. - Sustained (63-41)
Printed Page 4787, June 25

(A343, R382, H4339) -- 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.
Message fr. Hs. - Overridden (103-1)
Printed Page 4777, June 25
Overridden by Sen. (43-0)
Printed Page 4778, June 25

(A357, R385, H4470) -- 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.
Message fr. Hs. - Overridden (109-0)
Printed Page 4772, June 25
Overridden by Sen. (43-0)
Printed Page 4773, June 25

(A358, R386, H4743) -- 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.
Message fr. Hs. - Overridden (86-19)
Printed Page 4766, June 25
Overridden by Sen. (35-7)
Printed Page 4767, June 25

(A368, R390, H4773) -- 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.
Message fr. Hs. - Overridden (105-0)
Printed Page 4769, June 25
Overridden by Sen. (43-0)
Printed Page 4770, June 25

(A359, R392, H4815) -- 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.
Message fr. Hs. - Overridden (93-0)
Printed Page 4775, June 25
Overridden by Sen. (29-9)
Printed Page 4776, June 25

(A377, R395, H4982) -- 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.
Message fr. Hs. - Overridden (11-1)
Printed Page 4787, June 25
Overridden by Sen. (1-0)
Printed Page 4787, June 25

(A345, R398, H5012) -- 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.
Message fr. Hs. - Overridden (83-21)
Printed Page 4781, June 25
Overridden by Sen. (43-0)
Printed Page 4782, June 25

(R401, S181) -- 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)
Message fr. Gov. (6/16/08)
Printed Page 4710, June 25
Overridden by Sen. (36-5)
Printed Page 4712, June 25
Message fr. Hs. - Sustained (21-78)
Printed Page 4714, June 25

(A346, R403, S577) -- 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.
Message fr. Gov. (6/16/08)
Printed Page 4723, June 25
Overridden by Sen. (32-6)
Printed Page 4725, June 25
Message fr. Hs. - Overridden (87-17)
Printed Page 4727, June 25

(A410, R416, H3812) -- 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.
Message fr. Hs. - Overridden (110-0)
Printed Page 4788, June 25
Overridden by Sen. (43-0)
Printed Page 4789, June 25

(A411, R417, H3912) -- 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.
Message fr. Hs. - Overridden (96-13)
Printed Page 4783, June 25
Overridden by Sen. (34-5)
Printed Page 4784, June 25

(A412, R421, H4554) -- 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.
Message fr. Hs. - Overridden (103-1)
Printed Page 4791, June 25
Overridden by Sen. (43-0)
Printed Page 4792, June 25

(R427, H4950) -- 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".
Message fr. Hs. - Overridden (104-1)
Printed Page 4779, June 25
Sustained by Sen. (0-43)
Printed Page 4780, June 25


Last Updated: Monday, June 22, 2009 at 2:00 P.M.