South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate

Thursday, April 30, 2009
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

We read in the book of Exodus how Moses said to the Lord God:
"O Lord, please send someone else to do it."     (Exodus 4:13)

Dear Lord, over and over we discover how Moses exhibited reluctance to follow Your call, to do those things You wished for him to do, to carry out Your will. It is not an easy thing to be the sort of leader that You expect us to be. Therefore, O God, all the more do we ask You to fill this Chamber with Your Holy Presence. Touch the hearts and minds of each one of these Senators and each of their staff members. May these servants of Yours always be known as those who didn't wait for someone else to do what had to be done. Rather, lead them to honor You through their decisions on behalf of the good people of this State. In Your loving name we pray, Lord.
Amen.

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, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
William G. Bates, P. O. Box 824, Pelzer, SC 29669

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James T. Busby, Jr., 107 South Main Street, 2nd Floor, P. O. Box 8002, Anderson, SC 29622

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James A. Cox, 1009 Old County Home Road, P.O. Box 8002, Anderson, SC 29622

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Sherry E. Mattison, P. O. Box 828, Belton, SC 29627

Initial Appointment, Berkeley County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Rad Stuart Deaton, 2170 Ashley Phosphate Road, North Charleston, SC 29406 VICE Harry Lee Wright

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Arthur Tuggle Bryngelson, Jr., 308 Tuggle Lane, Givhans, SC 29472-8724 VICE James H. Messervy

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Gary L. Cook, 4138 Club Course Drive, North Charleston, SC 29420

Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jacquelyn G. Jenkins, P. O. Box 697, St. George, SC 29477

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Myron D. Johnson, 400 Shaftesbury Lane, Summerville, SC 29485

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Maite Murphy, 167 Oak Bluff Road, Summerville, SC 29485 VICE Penny Merriman

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Frederick J. Newton, 400 Lakeview Drive, Summerville, SC 29485 VICE Michael T. Londergan, Mark A. Leiendecker

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Katrina L. Patton, 117 Colleton Avenue, Summerville, SC 29483

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Peter Brandt Shelbourne, 116 South Oak Street, Summerville, SC 29483

Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Janice Y. Simmons, 262 Mallard Road, Summerville, SC 29483

Initial Appointment, Marion County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Carolyn H. Donnelly-Gause, 908 Fleetwood Dr., Mullins, SC 29574 VICE Regina G. Bristow

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jeffrey Dean Bailey, 210 West Main Street, Union, SC 29379

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jimmy Dean Crocker, 210 West Main Street, Union, SC 29379

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
William E. Goodwin, 210 West Main Street, Union, SC 29379

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Harold Whitney Smith, 174 Tom Kelly Circle, Carlisle, SC 29031

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4020
Agency: Public Service Commission
SUBJECT: PC&N (Stretcher Vans)
Received by Lieutenant Governor January 13, 2009
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2009
Withdrawn and Resubmitted April 30, 2009

Doctor of the Day

Senators McGILL, O'Dell and Jackson introduced Dr. Thomas Rowland of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator L. MARTIN, at 1:10 P.M., Senator CROMER was granted a leave of absence for today.

Expression of Personal Interest

Senator DAVIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator HAYES, on behalf of the York County Legislative Delegation, rose for an Expression of Personal Interest to congratulate and thank Mr. Phil Land, Research Director of the Senate Ethics Committee, for his dedicated service upon the occasion of his retirement.

S. 713 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. J. PHILIP LAND, RESEARCH DIRECTOR FOR THE SENATE ETHICS COMMITTEE, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

Whereas, on April 30, 2009, Mr. J. Philip Land will retire after many years of dedicated and distinguished service as an employee of the South Carolina Senate; and

Whereas, since 2001, Phil has served as Research Director of the Senate Ethics Committee and effectively and successfully assisted members and candidates with ethics questions and filings. He was also instrumental in the smooth transition from a paper to electronic filing system; and

Whereas, Phil began working at a young age and has fulfilled many professional roles including that of a Marine Corp Combat Veteran serving the Marine Corps from 1966 to 1969; and

Whereas, upon returning home he entered college in Birmingham, Alabama, under the G.I. Bill, ultimately graduating in 1981 from Winthrop University in Rock Hill, South Carolina; and

Whereas, his personal life includes more than thirty years of management experience and he has been responsible for company-wide and statewide programs that fostered strong employee involvement, profitability, and effective community service; and

Whereas, Phil's professional experience includes serving as a Service Coordinator for the Commission on Prosecution Coordination, the S.C. Department of Juvenile Justice, Executive Director for the Alabama Crime Victims Compensation Commission, State Director for the S.C. Office of Victim Assistance, Store Manager for Kimbrell's Furniture Stores, Business Development Officer for Rock Hill National Bank, and Vice President/Manager for TownCenter Mall Corporation; and

Whereas, Phil's public service involves serving as State Board Director for the South Carolina Board of Financial Institutions; Past Distinguished President for the Rock Hill Kiwanis Club; Chair, Publicity Director, and Promotional Volunteer for the Rock Hill "Come See Me" Festival; President of the Rock Hill Chapter Mental Health Association; York County Republican Party; and York Technical College Instructor; and

Whereas, Phil is married to Dr. Betty Lou Jackson Land, Ph.D., a retired Professor of Reading Methodology at Winthrop University, and together they have two children, Sarah Helen Harrell and J. Philip Land, Jr.; and

Whereas, Phil has been a member of Rock Hill Oakland Baptist Church since 1975 where he has served as a deacon, Sunday School teacher, and on several committees; and

Whereas, Phil's years of dedicated service to his beloved Senate and State have left an indelible impact on the people around him. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, express their appreciation to Mr. J. Philip Land for his years of distinguished service to the State of South Carolina upon his retirement from the South Carolina Senate, and wish him well in all future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Mr. J. Philip Land.

The Concurrent Resolution was published and adopted.

Expression of Personal Interest

Senators RANKIN and McGILL rose for an Expression of Personal Interest.

Privilege of the Chamber

On motion of Senators KNOTTS and SETZLER, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Mr. Bunyan M. "BM" Cave upon the occasion of his retirement after 30 years of service to the State of South Carolina.

S. 455 (Word version)     Sen. Knotts

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 768 (Word version) -- Senator Nicholson: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MARY FRANCES FRAZIER MCCAULEY OF GREENWOOD FOR HER MANY YEARS OF COMMUNITY SERVICE.
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S. 769 (Word version) -- Senators Hayes and Land: A CONCURRENT RESOLUTION TO HONOR SUSIE SURKAMER FOR HER MANY ACHIEVEMENTS AND CONTRIBUTIONS TO THE ARTS, AND TO CONGRATULATE HER ON THE OCCASION OF HER RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 770 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CONSUMER HEALTH FREEDOM ACT" BY ADDING CHAPTER 114 TO TITLE 44 SO AS TO PROVIDE THAT A CONSUMER, OR A PATIENT, HAS THE RIGHT TO SEEK AND TO HAVE DIRECT ACCESS TO ANY TYPE OF HEALTH CARE, OR HEALTH CARE INFORMATION OR PRODUCTS, THE CONSUMER OR PATIENT CONSIDERS TO BE IN HIS OR HER BEST INTEREST, INCLUDING COMPLEMENTARY OR ALTERNATIVE HEALTH CARE INFORMATION AND PRODUCTS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 771 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO MEMORIALIZE ANY GOVERNMENTAL BODY SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE TO MAXIMIZE THE CREATION OF AMERICAN JOBS AND RESTORE ECONOMIC GROWTH AND OPPORTUNITY BY COMMITTING TO SPENDING ECONOMIC RECOVERY PLAN FUNDS PROVIDED TO THAT BODY BY THE AMERICAN TAXPAYERS ON PURCHASING MATERIALS, GOODS, AND SERVICES THAT ARE MADE OR PERFORMED IN THE UNITED STATES OF AMERICA WHENEVER AND WHEREVER POSSIBLE.
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Senator SHEHEEN spoke on the Resolution.

The Senate Resolution was introduced and referred to the Committee on Finance.

S. 772 (Word version) -- Senator McGill: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA FORESTRY COMMISSION IN ITS VALIANT CONTROL OF THE HIGHWAY 31 WILDFIRE IN HORRY COUNTY.
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S. 773 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 387 OF 2008, AS AMENDED, RELATING TO THE CONSOLIDATED SUMTER SCHOOL DISTRICT, SO AS TO REVISE THE INITIAL TERMS OF THE SEVEN MEMBERS OF THE GOVERNING BOARD OF THE DISTRICT ELECTED IN 2010.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 774 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and, on motion of Senator REESE, with unanimous consent, S. 774 was ordered placed on the Calendar without reference.

S. 774--Ordered to a Second and Third Reading

On motion of Senator REESE, with unanimous consent, S. 774 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 775 (Word version) -- Senators Grooms and Knotts: A BILL TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO CLASSIFIED DRIVER'S LICENSES, SO AS TO PROVIDE THAT AN OPERATOR OF A MOTORCYCLE THREE-WHEEL VEHICLE IS ONLY REQUIRED TO HAVE A BASIC DRIVER'S LICENSE OR A MOTORCYCLE LICENSE, RATHER THAN A MOTORCYCLE LICENSE WITH A SPECIAL ENDORSEMENT.
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Read the first time and referred to the Committee on Transportation.

S. 776 (Word version) -- Senators Matthews, Pinckney and Grooms: A CONCURRENT RESOLUTION TO COMMEND MAYOR CHARLIE SWEAT OF WALTERBORO FOR HIS LIFETIME OF DEDICATED PUBLIC SERVICE, TO CONGRATULATE HIM UPON HIS RETIREMENT AS MAYOR OF WALTERBORO, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 777 (Word version) -- Senators Malloy, Campsen, Mulvaney, Davis and Rose: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
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Senator MALLOY spoke on the Bill.

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

H. 3087 (Word version) -- Reps. Brady and M. A. Pitts: A BILL TO AMEND SECTION 23-3-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON PLACES OF RESIDENCE FOR SEX OFFENDERS, SO AS TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE THAT EXPANDS OR CONTRACTS THE BOUNDARIES OF THE AREAS IN WHICH A SEX OFFENDER MAY OR MAY NOT RESIDE THAT ARE CONTAINED IN THIS SECTION.

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

H. 3118 (Word version) -- Reps. Kirsh, J. E. Smith, Funderburk, Weeks and Hutto: A BILL TO AMEND SECTION 63-11-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT CASES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM HAS THE RIGHT TO INTERVENE IN A PROCEEDING TO PETITION TO HAVE THE GUARDIAN AD LITEM REMOVED IF THE GUARDIAN AD LITEM IS NOT IN COMPLIANCE WITH STATE LAW OR IS NOT ACTING IN THE BEST INTEREST OF THE CHILD; AND TO AMEND SECTION 63-11-550, RELATING TO CONFIDENTIALITY OF REPORTS AND INFORMATION MAINTAINED BY THE GUARDIAN AD LITEM PROGRAM, SO AS TO ALSO PROVIDE THAT REPORTS AND INFORMATION MAINTAINED BY A GUARDIAN AD LITEM IS CONFIDENTIAL.

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

H. 3130 (Word version) -- Rep. Harvin: A BILL TO AMEND SECTION 12-37-3150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING WHEN A PARCEL OF REAL PROPERTY MUST BE APPRAISED AS A RESULT OF AN ASSESSABLE TRANSFER OF INTEREST, SO AS TO PROVIDE THAT A CONVEYANCE TO A TRUST DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE SETTLOR OR SETTLOR'S SPOUSE CONVEYS THE PROPERTY TO A TRUST THE BENEFICIARIES OF WHICH ARE A CHILD OR CHILDREN OF THE SETTLOR OR THE SETTLOR'S SPOUSE AND TO PROVIDE THAT A CONVEYANCE BY DISTRIBUTION UNDER A WILL OR BY INTESTATE SUCCESSION DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE DISTRIBUTEE IS A CHILD OR CHILDREN OF A DECEDENT AND THE DECEDENT DID NOT HAVE A SPOUSE AT THE DECEDENT'S DATE OF DEATH.

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

H. 3134 (Word version) -- Reps. Bowers and Long: A BILL TO AMEND SECTION 56-3-9910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GOLD STAR FAMILY SPECIAL LICENSE PLATES, SO AS TO REDUCE THE FEE FOR THIS SPECIAL LICENSE PLATE.

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

H. 3231 (Word version) -- Reps. E. H. Pitts, T. R. Young, Ballentine, Haley, Harrison, J. E. Smith, Sellers, Govan, Bannister, G. M. Smith, Funderburk, Bedingfield and Hart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR BEGINNING WITH THE GENERAL ELECTION OF 2014.

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

H. 3252 (Word version) -- Reps. Sellers and Weeks: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR CERTAIN CONTROLLED SUBSTANCE CONVICTIONS, SO AS TO PROVIDE THAT DRIVER'S LICENSE SUSPENSION UNDER THESE CIRCUMSTANCES IS IN THE DISCRETION OF THE JUDGE.

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

H. 3377 (Word version) -- Reps. Moss, Vick, Simrill, Anthony, Bedingfield, H. B. Brown, Duncan, Gambrell, Gullick, Jennings and A. D. Young: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NATIONAL PARK SERVICE RANGERS ARE FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.

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

H. 3488 (Word version) -- Reps. J. E. Smith, Hart, Williams, R. L. Brown, Hutto and Weeks: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, COMMITTEE MEETINGS, AND STAFFING.

Read the first time and referred to the General Committee.

H. 3550 (Word version) -- Reps. Cato, Herbkersman, Agnew, Merrill, Stavrinakis, Funderburk, Brady, Anderson, R. L. Brown, Kelly, Limehouse, J. E. Smith, Whipper, Hutto, Allison, Parker, Sottile, Erickson and Bales: A BILL TO AMEND CHAPTER 10, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUILDING ENERGY EFFICIENCY STANDARD ACT, SO AS TO REVISE THE TITLE OF THE ACT TO THE "ENERGY STANDARD ACT", TO REVISE DEFINITIONS, TO ADOPT THE INTERNATIONAL ENERGY CONSERVATION CODE AS THE ENERGY STANDARD AND TO PROVIDE THAT ALL NEW AND RENOVATED BUILDINGS MUST COMPLY WITH THIS STANDARD, TO PROVIDE THAT LOCAL BUILDING OFFICIALS SHALL ENFORCE THE ENERGY STANDARD AND TO PROVIDE ALTERNATIVE ENFORCERS IN AREAS WITHOUT A BUILDING OFFICIAL, TO PROVIDE THAT BUILDING OFFICIALS SHALL ISSUE AND REVOKE BUILDING PERMITS AND INSPECT CONSTRUCTION OF BUILDINGS PURSUANT TO THE PERMITS ISSUED, TO REQUIRE LOCAL JURISDICTIONS TO PROVIDE AN APPEALS BOARD AND PROCESS FOR GRANTING OF CERTAIN VARIANCES, TO PROVIDE AN EXCEPTION AND TO ALLOW CERTAIN APPEALS TO BE HEARD BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, AND TO PROVIDE THAT A PERSON OR PARTY MAY OBTAIN INJUNCTIVE RELIEF; AND TO AMEND SECTION 6-9-50, AS AMENDED, RELATING TO THE MANDATORY ADOPTION OF CERTAIN NATIONAL BUILDING CODES, BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE, FREE ACCESS TO CODE DOCUMENTS, AND THREE STORY HOMES, SO AS TO DELETE PROVISIONS RELATING TO WHAT CONSTITUTES COMPLIANCE WITH THE BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE, FREE ACCESS TO DOCUMENTS CONTAINING CODES ADOPTED BY THE BUILDING CODES COUNCIL, AND BUILDING PERMITS FOR THREE STORY HOMES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3653 (Word version) -- Rep. McLeod: A JOINT RESOLUTION TO DELAY IMPLEMENTATION OF THE PROVISIONS OF ACT 270 OF 2008, RELATING TO THE REQUIREMENT THAT MUNICIPAL COURT JURY LISTS INCLUDE OTHERWISE QUALIFIED RESIDENTS OF THE MUNICIPALITY WHO HOLD A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO POSTPONE THIS EXPANSION OF THE MUNICIPAL COURT JURY LIST UNTIL DECEMBER 31, 2009.

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

H. 3720 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 15-9-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE ON UNKNOWN PARTIES BY PUBLICATION IN CERTAIN ACTIONS CONCERNING REAL PROPERTY, SO AS TO PROVIDE FOR SERVICE OF ALL COURT REQUIRED DOCUMENTS BY PUBLICATION AND, FURTHER, IN AN ACTION INVOLVING MULTIPLE UNITS IN A SINGLE HORIZONTAL PROPERTY REGIME, FOR SERVICE BY PUBLICATION BY CONSOLIDATING THE SERVICES INTO A SINGLE SERVICE THAT IDENTIFIES EACH APARTMENT INCLUDED IN THE ACTION BASED ON THE APARTMENT'S DESCRIPTION IN THE MASTER DEED.

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

H. 3761 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES RELATED TO DRUG PROCEEDS, SO AS TO ALLOW THE USE OF FORFEITED MONIES AND PROCEEDS FROM THE SALE OF PROPERTY FOR TRAINING AND EDUCATION BY LAW ENFORCEMENT IN ADDITION TO OTHER USES PREVIOUSLY DELINEATED.

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

H. 3841 (Word version) -- Reps. Owens, Cooper, Skelton, Sottile, J. M. Neal, R. L. Brown, Simrill, Battle, Govan, Barfield, Gullick, Stavrinakis, Hutto, Jefferson, Umphlett, Daning, Kirsh, Knight, Williams, Merrill, Weeks, Whipper, Mack, G. M. Smith, Lowe, Clemmons, Gilliard, Sellers, Erickson, Willis, Wylie, Mitchell, Stewart, Gunn, Vick, Harrell and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "TECHNICAL COLLEGE ADMINISTRATIVE EFFICIENCIES ACT OF 2009" SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH A TIERED SYSTEM FOR CATEGORIZING TECHNICAL COLLEGES WITH RESPECT TO THEIR FINANCIAL STRENGTH AND ABILITY TO MANAGE DAY-TO-DAY OPERATIONS AND A REVIEW SYSTEM FOR CERTAIN HUMAN RESOURCES, FACILITIES AND CAPITAL IMPROVEMENT, PROCUREMENT, AND GRANTS MANAGEMENT REQUESTS BY TECHNICAL COLLEGES; BY ADDING SECTION 2-47-70 SO AS TO ALLOW TECHNICAL COLLEGES TO ENTER INTO ONE OR MORE LEASE AGREEMENTS UPON CERTAIN CONDITIONS AND SUBJECT TO APPROVAL BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND REVIEW BY THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 6-1-137 SO AS TO ALLOW TECHNICAL COLLEGES TO BE A PART OF CERTAIN CONTRACTS MADE BY COUNTIES, MUNICIPALITIES, OR SCHOOL DISTRICTS; TO AMEND SECTION 1-11-65, RELATING TO APPROVAL AND RECORDATION OF REAL PROPERTY TRANSACTIONS INVOLVING GOVERNMENTAL BODIES, SO AS TO EXCLUDE CERTAIN REAL PROPERTY TRANSACTIONS MADE FOR OR BY A TECHNICAL COLLEGE; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT IMPROVEMENT PROJECTS BY THE STATE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE FOR THE ESTABLISHMENT AND AUTHORIZATION OF CERTAIN PERMANENT IMPROVEMENT PROJECTS BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A TECHNICAL COLLEGE MAY NOT ADVERTISE AND INTERVIEW FOR PROJECT ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT PRIOR APPROVAL OF THE ARCHITECTURAL AND ENGINEERING PHASE OF A PERMANENT IMPROVEMENT PROJECT BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO PROVIDE FOR THE APPROVAL OF SCOPE AND BUDGET CHANGES FOR PREVIOUSLY APPROVED PROJECTS UP TO AN INCREASE OF TWENTY PERCENT OR TOTALING UP TO TWO MILLION DOLLARS BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND FOR THE PUBLICATION OF SUCH APPROVAL TO THE JOINT BOND REVIEW COMMITTEE; TO AMEND SECTION 2-65-30, RELATING TO RECEIPT AND EXPENDITURE OF UNANTICIPATED FUNDS, SO AS TO EXCLUDE TECHNICAL COLLEGES FROM STATE BUDGET AND CONTROL BOARD REVIEW OF EXPENDITURE PROPOSALS, AND TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO MONITOR FEDERAL FUNDS WITHIN THE TECHNICAL COLLEGE SYSTEM; TO AMEND SECTION 8-11-35, RELATING TO SALARY PAYMENT SCHEDULES, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY APPROVE ALTERNATIVE SALARY PAYMENT SCHEDULES FOR TECHNICAL COLLEGE EMPLOYEES; TO AMEND SECTION 8-11-230, RELATING TO THE CREATION AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO COORDINATE WITH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION IN ESTABLISHING A CLASSIFICATION AND COMPENSATION PLAN FOR TECHNICAL COLLEGE CLASSIFIED EMPLOYEES, AND TO PROVIDE WHAT THE PLAN MUST INCLUDE; TO AMEND SECTION 11-35-1210, AS AMENDED, RELATING TO CERTIFICATION OF PROCUREMENTS, SO AS TO ALLOW FOR STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION APPROVAL FOR UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY UPON CERTAIN CONDITIONS, AND TO PROVIDE REPORTING REQUIREMENTS; TO AMEND SECTION 11-35-1550, AS AMENDED, RELATING TO BID PROCEDURES ON PROCUREMENTS UP TO FIFTY THOUSAND DOLLARS, SO AS TO REVISE AMOUNTS TO WHICH CERTAIN PROVISIONS OF THE SECTION APPLY FOR TECHNICAL COLLEGES; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO AN EXCEPTION FOR SMALL ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES CONTRACT, SO AS TO REVISE DOLLAR AMOUNTS FOR SUCH CONTRACTS BY TECHNICAL COLLEGES; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONTRACTS FOR CONSTRUCTION ITEMS, SO AS TO REVISE DOLLAR LIMITS FOR CERTAIN CONTRACTS FOR TECHNICAL COLLEGES; AND TO AMEND SECTION 11-35-3810, AS AMENDED, RELATING TO REGULATIONS FOR THE SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS PROPERTY, SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH POLICIES AND PROCEDURES FOR GOVERNING THE DISPOSAL OF SURPLUS PROPERTY, AND TO PROVIDE FOR ANNUAL REVIEW AND MONITORING OF SUCH DISPOSAL.

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

H. 3917 (Word version) -- Reps. Harrell, Edge and Hutto: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL MAINTAIN ITS MEDICALLY FRAGILE CHILDREN'S PROGRAM AND SHALL PURSUE OPTIONS TO OBTAIN AUTHORITY TO MAINTAIN THE EXISTING PROGRAM WITH ITS CURRENT ELIGIBILITY CRITERIA.

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

H. 3919 (Word version) -- Reps. Mitchell, Alexander, Gunn, Dillard, Hamilton, Limehouse, J. R. Smith, King, Kirsh, Littlejohn, J. M. Neal, Herbkersman, Stavrinakis, Chalk, Cobb-Hunter, Anthony, Branham, Brantley, Parker, Allison, Gilliard, J. H. Neal, Whipper, Mack, Battle, Hosey, Allen, Weeks, Jennings, Loftis, Knight, Vick, Rutherford and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-250 SO AS TO ESTABLISH THE SOUTH CAROLINA HOUSING COMMISSION TO PROVIDE RECOMMENDATIONS TO ENSURE AND FOSTER THE AVAILABILITY OF SAFE, SOUND, AND AFFORDABLE HOUSING AND WORKFORCE HOUSING FOR EVERY SOUTH CAROLINIAN, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND FOR OTHER PROCEDURAL MATTERS.

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

H. 3942 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RIVERBANKS PARKS COMMISSION, RELATING TO RIVERBANKS PARKS COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4022, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3957 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-55 SO AS TO PROVIDE THAT ON ANY NAVIGABLE RIVER IN THIS STATE WHERE AN OYSTER FACTORY IS LOCATED, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY UTILIZE QUALIFIED PERSONNEL OF THE COUNTY OR MUNICIPALITY IN WHOSE JURISDICTION THE FACTORY OPERATES TO ASSIST WITH THE MONITORING OF WATER QUALITY AND OTHER ENVIRONMENTAL STANDARDS THE DEPARTMENT IS REQUIRED TO ENFORCE.

Senator DAVIS spoke on the Bill.

Read the first time and, on motion of Senator DAVIS, with unanimous consent, H. 3957 was ordered placed on the Calendar without reference.

H. 3957--Objection

Senator DAVIS asked unanimous consent to make a motion that the Bill be given second and third readings on the next successive legislative days.

Senator McCONNELL objected.

H. 3974 (Word version) -- Reps. Funderburk, Gunn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Gambrell, Gilliard, Govan, Gullick, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE ALPHA & OMEGA VOLLEYBALL CLUB'S 12 BLACK FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE PLAYERS AND THEIR COACH FOR GARNERING THE JUNIOR GIRLS' 2009 PALMETTO VOLLEYBALL REGION CHAMPIONSHIP.

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

H. 3991 (Word version) -- Reps. Stavrinakis, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MAY 4-8, 2009, AS TEACHER APPRECIATION WEEK IN SOUTH CAROLINA AND TO EXPRESS THE SINCERE GRATITUDE OF THE CITIZENS OF SOUTH CAROLINA TO THE TEACHERS OF THIS GREAT STATE.

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

H. 4000 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 21, 2009, NOT LATER THAN 5:00 P.M., 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 NOT EARLIER THAN NOON ON TUESDAY, JUNE 16, 2009, FOR A PERIOD NOT TO EXCEED THREE STATEWIDE LEGISLATIVE DAYS FOR THE CONSIDERATION OF CERTAIN MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS AFTER THIS THREE-DAY PERIOD NOT LATER THAN 5:00 P.M. ON THE THIRD LEGISLATIVE DAY, 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 TO PROVIDE THAT UNLESS ADJOURNED EARLIER, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN 5:00 P.M. ON MONDAY, JANUARY 11, 2010.

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

H. 4003 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO DECLARE MAY 22, 2009, PARENT CARE DAY IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO SUPPORT AND HONOR THEIR PARENTS.

The Concurrent Resolution was introduced and referred to the General Committee.

Message from the House

Columbia, S.C., April 30, 2009

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:

S. 232 (Word version) -- Senators Ryberg, Hutto, Massey, Coleman, O'Dell, Anderson, L. Martin and Nicholson: A BILL TO AMEND SECTION 48-52-210 OF THE 1976 CODE, RELATING TO THE PLAN FOR THE STATE ENERGY POLICY, TO ENCOURAGE THE USE OF CLEAN ENERGY SOURCES; AND TO AMEND ARTICLE 2, CHAPTER 52, TITLE 48 BY ADDING SECTION 48-52-220 TO PROVIDE A DEFINITION FOR "RENEWABLE ENERGY RESOURCES".
Respectfully submitted,
Speaker of the House

The Bill was ordered placed on the Calendar for consideration tomorrow.

CONCURRENCE

S. 268 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 8, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES ENFORCEMENT OFFICERS, SO AS TO ESTABLISH A "SPECIAL INSPECTOR" OR "SPECIAL INSPECTION AGENCY" TO PERFORM BUILDING INSPECTIONS IN ONE OR MORE CONSTRUCTION TRADE DISCIPLINES, AND TO PROVIDE THE LICENSING PROCEDURE TO REQUIRE AUTHORIZATION FOR PERFORMING THESE INSPECTIONS FROM THE SOUTH CAROLINA BUILDING CODES COUNCIL AND THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

The House returned the Bill with amendments.

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

HOUSE CONCURRENCE

S. 763 (Word version) -- Senators Bryant and O'Dell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. RICK L. ADKINS OF ANDERSON, SOUTH CAROLINA, THE OUTGOING MEMBER OF THE SOUTH CAROLINA STATE BOARD OF EDUCATION, FOR HIS DISTINGUISHED SERVICE AND HIS DEDICATION FROM CIRCUIT 10 TO THE BETTERMENT OF THE SOUTH CAROLINA EDUCATION SYSTEM.

Returned with concurrence.

RECESS

At 12:05 P.M., on motion of Senator McCONNELL, the Senate receded from business to attend a reception for Mr. Phil Land.

At 12:48 P.M., the Senate resumed.

PRESIDENT Pro Tempore PRESIDES

At 12:48 P.M., Senator McCONNELL assumed the Chair.

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

ORDERED ENROLLED FOR RATIFICATION

H. 3581 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO FURTHER PROVIDE FOR FISCAL YEAR 2009-2010 FOR THE FUNCTIONS AND FUNDING OF CERTAIN LOCAL GOVERNMENT MATTERS.

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

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

Ayes 22; Nays 18

AYES

Alexander                 Anderson                  Bright
Campbell                  Coleman                   Courson
Ford                      Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Martin, L.                Matthews                  McConnell
Peeler                    Rankin                    Scott
Setzler

Total--22

NAYS

Bryant                    Campsen                   Davis
Fair                      Grooms                    Martin, S.
Massey                    McGill                    Mulvaney
Nicholson                 O'Dell                    Reese
Rose                      Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--18

The Joint Resolution was read the third time and ordered enrolled for Ratification.

HOUSE BILLS RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3616 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE YORK TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

H. 3616--Recorded Vote

Senator RYBERG desired to be recorded as voting in favor of the third reading of the Bill.

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

S. 700 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO DEVELOP AND CONSTRUCT A NEW FACILITY FOR THE MOORE SCHOOL OF BUSINESS IN THE INNOVISTA DISTRICT ON THE COLUMBIA CAMPUS.

Senator COURSON asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

The Joint Resolution was read the third time and ordered returned to the House.

S. 758 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE ONE PERCENT SALES AND USE TAX WITHIN CLARENDON COUNTY, TO ALLOW PROCEEDS FROM THE TAX TO BE USED TO ENSURE THE DELIVERY OF ACADEMIC AND ART INSTRUCTION DURING THE 2009-2010 SCHOOL YEAR.

By prior motion of Senator LAND

S. 759 (Word version) -- Senator Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 OF YORK COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT FOR THE PURPOSE OF PAYING COSTS OF OPERATION AND MAINTENANCE OF CERTAIN ELEMENTARY SCHOOLS, TO REQUIRE THESE BONDS TO MATURE IN NO MORE THAN FIVE YEARS, TO REQUIRE THAT THE BONDS BE AUTHORIZED BY RESOLUTION OF THE BOARD OF TRUSTEES AFTER AN AUTHORIZATION BY A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT, TO PROVIDE THAT THE BONDS MAY BE SOLD BY PUBLIC OR PRIVATE SALE, AND TO PROVIDE OTHER MATTERS RELATED TO THE AUTHORIZATION AND SALE OF THE BONDS.

By prior motion of Senator HAYES

S. 188 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-34-60 AND SECTION 44-34-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS ON TATTOOING, SO AS TO PROVIDE THAT PERSONS EIGHTEEN OR OLDER ARE ELIGIBLE TO RECEIVE A TATTOO.

S. 188--Recorded Vote

Senator RYBERG desired to be recorded as voting in favor of the third reading of the Bill.

S. 188--Recorded Vote

Senators LEVENTIS, THOMAS and VERDIN desired to be recorded as voting against the third reading of the Bill.

S. 416 (Word version) -- Senators Lourie, Knotts, Land, Leatherman, Hutto, Pinckney, Elliott, O'Dell, Massey, Peeler, Leventis, Hayes, Anderson, Sheheen, Rankin, Malloy, Scott, Williams, Setzler, Nicholson, Reese, L. Martin and Thomas: A BILL TO ENACT THE "HEALTH CARE ACCESSIBILITY FOR YOUNG AMERICANS ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE HEALTH INSURANCE COVERAGE UNDER A PARENT'S POLICY FOR CERTAIN MILITARY PERSONNEL ON TERMINATION OF ACTIVE DUTY STATUS, AMONG OTHER THINGS; BY ADDING SECTION 38-71-300 SO AS TO DEFINE THE TERMS "DEPENDENT" AND "ELIGIBLE DEPENDENT" FOR HEALTH INSURANCE POLICIES ISSUED IN THIS STATE; TO AMEND SECTION 38-71-350, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR HANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-360, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR NONHANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-780, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE TO HANDICAPPED AND DEPENDENT CHILDREN UNDER A PARENT'S GROUP POLICY, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 38-71-1330, AS AMENDED, RELATING TO DEFINITIONS CONCERNING SMALL EMPLOYER HEALTH INSURANCE, SO AS TO MAKE CONFORMING CHANGES.

S. 416--Recorded Vote

Senators ROSE and KNOTTS desired to be recorded as voting in favor of the third reading of the Bill.

S. 455 (Word version) -- Senators Thomas, Rose and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA HEALTHNET PROGRAM"; TO PROVIDE FOR THE CREATION OF A FIVE-YEAR PILOT PROGRAM TO PROMOTE THE AVAILABILITY OF HEALTH INSURANCE COVERAGE TO EMPLOYEES OF SMALL EMPLOYER GROUPS AND HEALTH GROUP COOPERATIVES REGARDLESS OF HEALTH STATUS OR CLAIMS EXPERIENCE, ESTABLISH RULES REGARDING RENEWAL OF COVERAGE, LIMITATIONS ON THE USE OF PREEXISTING CONDITIONS EXCLUSIONS, ASSURE FAIR ACCESS TO HEALTH PLANS AND IMPROVE OVERALL FAIRNESS AND EFFICIENCY OF THE SMALL GROUP HEALTH INSURANCE MARKET; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR THE COMPOSITION AND AUTHORITY OF THE BOARD OF DIRECTORS; TO PROVIDE FAIR MARKETING STANDARDS; TO PROVIDE FOR THE ESTABLISHMENT OF CRITERIA FOR PLAN ADMINISTRATION IN THE PLAN OF OPERATION; TO PROVIDE FOR RATES; TO PROVIDE FOR PROVIDER PARTICIPATION; TO PROVIDE FOR THE APPLICABILITY AND SCOPE OF THE CHAPTER; TO PROVIDE THAT SMALL GROUP HEALTH INSURERS SHALL OFFER AND MARKET PLANS DEVELOPED BY THE SOUTH CAROLINA HEALTHNET PROGRAM; TO PROVIDE FOR HEALTH BENEFIT PLAN STANDARDS; TO PROVIDE FOR ELIGIBILITY STANDARDS AND PROVIDE EXCEPTIONS; TO PROVIDE FOR TERMINATION AND NONRENEWAL OF COVERAGE; TO PROVIDE FOR CLAIMS DATA TO BE REPORTED TO THE PROGRAM; TO REQUIRE THE BOARD TO SUBMIT A REPORT REGARDING THE IMPLEMENTATION OF THE PROGRAM; AND TO AUTHORIZE THE DIRECTOR OF THE STATE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF CHAPTER 60, TITLE 38 ADDED BY THIS ACT.

S. 455--Recorded Vote

Senator RYBERG desired to be recorded as voting against the third reading of the Bill.

S. 673 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN ORIGINATOR, OR SOMEONE ACTING AS A MORTGAGE LENDER; PROVIDE DEFINITIONS; ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; DESCRIBE PROHIBITED ACTIVITIES; PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; PROVIDE FOR ENFORCEMENT THROUGH ADMINISTRATIVE ACTION BY THE COMMISSIONER OF THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS AND THROUGH CRIMINAL PENALTIES, AND TO PROVIDE FOR PARTICIPATION IN A NATIONAL MORTGAGE REGISTRY; TO AMEND SECTION 34-1-20, AS AMENDED, RELATING TO APPOINTMENT OF MEMBERS OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO PROVIDE FOR A REPRESENTATIVE OF THE MORTGAGE BANKERS ASSOCIATION; TO AMEND SECTION 34-1-110, AS AMENDED, RELATING TO AUTHORITY OF CERTAIN FINANCIAL INSTITUTIONS TO ENGAGE IN BUSINESS, SO AS TO PROVIDE FOR MORTGAGE LENDERS AND LOAN ORIGINATORS; TO AMEND SECTIONS 37-1-301, 37-3-105, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; TO AMEND SECTIONS 37-23-40, 37-23-45, AND 37-23-75, ALL RELATING TO PROTECTIONS FOR THE BORROWER IN A HIGH-COST OR CONSUMER HOME LOAN TRANSACTION, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE; TO AMEND SECTION 29-4-20, RELATING TO THE DEFINITION OF "REVERSE MORTGAGE", SO AS TO CONFORM THE DEFINITION; AND TO AMEND CHAPTER 58, TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING REQUIREMENTS, TO CONFORM DEFINITIONS TO THOSE SET FORTH IN THE SOUTH CAROLINA MORTGAGE LENDING ACT, REQUIRE CERTAIN PROFESSIONAL COURSES, AN ADDITIONAL YEAR OF EXPERIENCE, AND A FINGERPRINT CHECK FOR MORTGAGE BROKERS AND LOAN ORIGINATORS, REQUIRE CERTAIN RECORDS BE KEPT AND MADE ACCESSIBLE, ADD CERTAIN PROHIBITIONS IN CONNECTION WITH A REAL ESTATE APPRAISAL, REQUIRE AND PRESCRIBE MORTGAGE BROKER AGREEMENTS, AUTHORIZE ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS AND PRESCRIBE ADMINISTRATIVE PENALTIES INCLUDING FINES AND INJUNCTIONS AND A CRIMINAL PENALTY, REQUIRE CERTAIN REPORTS AND FILINGS, AND PROVIDE FOR PARTICIPATION IN A NATIONWIDE MORTGAGE REGISTRY.

S. 673--Recorded Vote

Senator BRIGHT desired to be recorded as voting against the third reading of the Bill.

S. 696 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 59-18-930 OF THE 1976 CODE, RELATING TO THE REQUIRED ADVERTISEMENT OF THE RESULTS OF A SCHOOL'S REPORT CARD IN A LOCAL NEWSPAPER, TO ALLOW REQUIRED ADVERTISEMENT TO BE WAIVED IF AN AUDITED NEWSPAPER OF GENERAL CIRCULATION IN A SCHOOL DISTRICT'S GEOGRAPHIC AREA HAS PREVIOUSLY PUBLISHED THE ENTIRE SCHOOL REPORT CARD RESULTS AS A NEWS ITEM.

Senator HAYES explained the Bill.

S. 696--Recorded Vote

Senator RYBERG desired to be recorded as voting in favor of the third reading of the Bill.

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

S. 319 (Word version) -- Senators Leventis, Rose, Malloy, Davis, Lourie and Hayes: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 SO AS TO ENACT THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN", TO PROVIDE THAT THE GOVERNOR MAY EXECUTE THE COMPACT WITH OTHER COMPACT STATES, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION IS THE COMPACT COMMISSIONER OF THIS STATE, TO ESTABLISH A COUNCIL ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE FOR THE COUNCIL'S MEMBERSHIP, APPOINTMENTS, TERMS, QUORUM, LEADERSHIP, FILLING OF VACANCIES, AND POWERS AND DUTIES, AND TO PROVIDE THE TERMS OF THE COMPACT.

Senator LEVENTIS explained the Bill.

S. 319--Ordered to a Third Reading

On motion of Senator LEVENTIS, S. 319 was ordered to receive a third reading on Friday, May 1, 2009.

S. 756 (Word version) -- Senator Hayes: A BILL 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 RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 756--Ordered to a Third Reading

On motion of Senator HAYES, S. 756 was ordered to receive a third reading on Friday, May 1, 2009.

H. 3914 (Word version) -- Rep. White: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO SUSPEND THE ENFORCEMENT OF CERTAIN CHILDCARE CENTER STAFF-CHILD RATIO REGULATIONS.

Senator ALEXANDER explained the Joint Resolution.

PREVIOUSLY PROPOSED AMENDMENT WITHDRAWN

S. 23 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 47, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD PASSENGER RESTRAINT SYSTEMS, SO AS TO DELETE THE TERM "THIS ARTICLE" AND REPLACE IT WITH "SECTION 56-5-6410", AND TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment (23R007.LB):

Senator BRIGHT proposed the following amendment (23R007.LB), which was withdrawn:

Amend the bill, as and if amended, page 3, by striking lines 29-32 and inserting:

/   product while a child ten years of age or younger, which includes an unborn baby that the mother knows or should know that she is carrying, is in the motor vehicle. As used in this section, the term 'unborn baby' means a baby in utero, and the term 'baby in utero' or 'baby who is in utero' means a member of the species homo sapiens, at any state of development, who is carried in the womb.       /

Renumber sections to conform.

Amend title to conform.

Point of Order

Senator HUTTO restated the Point of Order raised on April 15, 2009, that this amendment was out of order inasmuch as it was identical to a previous amendment on which the Senate had already acted and this amendment could not be resubmitted for consideration except under a motion to reconsider.

Senator BRIGHT asked unanimous consent to withdraw the amendment.

There was no objection and the amendment was withdrawn.

Senator JACKSON explained the Bill.

Senator L. MARTIN spoke on the Bill.

The question then was the second reading of the Bill.

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

Ayes 25; Nays 15

AYES

Alexander                 Anderson                  Campbell
Coleman                   Courson                   Ford
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Matthews
Nicholson                 Peeler                    Rankin
Reese                     Rose                      Scott
Setzler                   Sheheen                   Thomas
Williams

Total--25

NAYS

Bright                    Bryant                    Campsen
Davis                     Fair                      Grooms
Martin, L.                Martin, S.                Massey
McConnell                 McGill                    Mulvaney
O'Dell                    Shoopman                  Verdin

Total--15

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

S. 23--Ordered to a Third Reading

On motion of Senator JACKSON, S. 23 was ordered to receive a third reading on Friday, May 1, 2009.

S. 248 (Word version) -- Senators L. Martin, Shoopman, Fair, Verdin, Thomas, Lourie, Williams and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95 SO AS TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 61-6-4083 SO AS TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING ALCOHOLIC LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES.

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

Senators L. MARTIN and CAMPSEN proposed the following amendment (S248CLN), which was adopted:

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

/   SECTION   1.   Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-95.   (A)   A person twenty-one years of age or older who knowingly and unlawfully sells to, transfers to, distributes to, or purchases beer or wine for consumption by a person under the age of twenty-one pursuant to the prohibitions provided in Section 61-4-50, 61-4-80, or 61-4-90, and that sale, transfer, distribution, or purchase is the proximate cause of great bodily injury to or the death of the person under the age of twenty-one or another person, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(B)   A person under the age of twenty-one who knowingly and unlawfully sells to, transfers to, distributes to, or purchases beer or wine for consumption by a person under the age of twenty-one pursuant to the prohibitions provided in Section 61-4-50, 61-4-80, or 61-4-90, and that sale, transfer, distribution, or purchase is the proximate cause of great bodily injury to or the death of the person under the age of twenty-one or another person, is guilty of a:

(1)   misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than three years, or both, when great bodily injury results; or

(2)   felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, when death results.

(C)   Failure of a person who sells beer or wine to require identification to verify a person's age is prima facie evidence of a violation of this section.

(D)   The provisions of this section do not apply to a person who is permitted to transfer or distribute beer or wine to a person under the age of twenty-one pursuant to Section 61-4-90."

SECTION   2.   Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-4083.   (A)   A person twenty-one years of age or older who knowingly and unlawfully sells to, transfers to, distributes to, or purchases alcoholic liquors for consumption by a person under the age of twenty-one pursuant to the prohibitions provided in Section 61-6-4070, 61-6-4075, or 61-6-4080, and that sale, transfer, distribution, or purchase is the proximate cause of great bodily injury to or the death of the person under the age of twenty-one or another person, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(B)   A person under the age of twenty-one who knowingly and unlawfully sells to, transfers to, distributes to, or purchases alcoholic liquors for consumption by a person under the age of twenty-one pursuant to the prohibitions provided in Section 61-6-4070, 61-6-4075, or 61-6-4080, and that sale, transfer, distribution, or purchase is the proximate cause of great bodily injury to or the death of the person under the age of twenty-one or another person, is guilty of a:

(1)   misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than three years, or both, when great bodily injury results; or

(2)   felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, when death results.

(C)   Failure of a person who sells alcoholic liquors to require identification to verify a person's age is prima facie evidence of a violation of this section.

(D)   The provisions of this section do not apply to a person who is permitted to transfer or distribute alcoholic liqours to a person under the age of twenty-one pursuant to Section 61-6-4070."

SECTION   3.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

Renumber sections to conform.

Amend title to conform.

Senator L. MARTIN explained the amendment.

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

S. 248--Ordered to a Third Reading

On motion of Senator SHOOPMAN, S. 248 was ordered to receive a third reading on Friday, May 1, 2009.

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

The Committee on Labor, Commerce and Industry proposed the following amendment (484R001.WGR), which was adopted:

Amend the bill, as and if amended, pages 3-4, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   Section 40-68-30(D) of the 1976 Code is amended to read:

"(D)   An application for a professional employer organization group license under Section 40-68-80 must provide the information required by this chapter for each member of the group. An applicant or licensee is ineligible for a license for one year after the date of final departmental action on the denial or revocation of a license applied for or issued under this chapter. This restriction does not apply to a denial or revocation of a license if the basis of the action was:

(1)   an inadvertent error or omission in the application if that error or omission is promptly corrected;

(2)   the experience documented to the department was insufficient at the time of the previous application;

(3)   the department was unable to complete the criminal background investigation required under Section 40-68-40 because of insufficient information received from a local, state, or federal law enforcement agency; or

(4)   that one or more of the controlling persons affiliated with the applicant or licensee was determined by the department to be unsuitable, if that unsuitable controlling person has in fact ceased to be a controlling person of the applicant or licensee."       /

Amend the bill further, as and if amended, page 6, by striking lines 10-43 and on page 7, by striking lines 1-30 and inserting:

/     "Section 40-68-50.     (A)   An applicant for an original initial or renewal license shall pay a fee to the department on the issuance of the license or license renewal. License fees are assessed as follows:

(1)   for initial licenses, in the first year of the biennium:

(a)   two thousand dollars for a resident professional employer organization;

(b)   four thousand dollars for a resident professional employer organization group;

(c)   two thousand dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident professional employer organization imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is five thousand dollars for a nonresident professional employer organization five hundred dollars for a restricted license;

(d)   four thousand dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is ten thousand dollars for each nonresident professional employer organization group four hundred dollars for a de minimis operations license;

(2)   for initial license, in the second year of the biennium:

(a)   one thousand dollars for each resident professional employer organization;

(b)   three four thousand five hundred dollars for each resident professional employer organization group;

(c)   one thousand dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident professional employer organization imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is two thousand five hundred dollars for a nonresident professional employer organization five hundred dollars for a restricted license;

(d)   three thousand five hundred dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is five thousand dollars for each nonresident professional employer organization group four hundred dollars for a de minimis operations license;

(a)   fifteen hundred dollars for a professional employer organization;

(b)   three thousand dollars for a professional employer organization group;

(c)   fifteen hundred dollars for a nonresident professional employer organization. However, if the state of residency of the nonresident leasing company imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is three thousand seven hundred fifty dollars for a nonresident professional employer organization five hundred dollars for a restricted license;

(d)   three thousand dollars for each nonresident professional employer organization group. However, if the state of residency of the nonresident professional employer organization group imposes a greater fee for licensing nonresident applicants, the greater fee must be assessed. The maximum fee that may be charged is seven thousand five hundred dollars for each nonresident professional employer organization group four hundred dollars for a de minimis operation license.         /

Renumber sections to conform.

Amend title to conform.

Senator BRYANT explained the committee amendment.

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

S. 484--Ordered to a Third Reading

On motion of Senator SHEHEEN, S. 484 was ordered to receive a third reading on Friday, May 1, 2009.

S. 481 (Word version) -- Senators Lourie, Reese and Massey: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA CERTIFIED ATHLETIC TRAINERS FOUNDATION TO ENCOURAGE AND ASSIST THE LOCAL SCHOOL DISTRICTS AND SCHOOLS IN ENSURING THAT A CERTIFIED ATHLETIC TRAINER IS ON STAFF AT EACH HIGH SCHOOL AND MIDDLE SCHOOL OF THIS STATE.

Senator LOURIE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

The Committee on Education proposed the following amendment (481R003.JL), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 37-41 and inserting:

/   SECTION   1.   (A)   There is established the South Carolina Certified Athletic Trainers Foundation. This foundation shall encourage and assist local public school districts and public schools in ensuring that a certified athletic trainer is on staff at each high school and middle school of this State.     /

Amend the joint resolution, as and if amended, page 2, by striking lines 15-17 and inserting:

/   Education and Public Works Committee;

(8)   one member appointed by the South Carolina School Boards Association; and

(9)   the Superintendent of Education, or his designee, to serve ex officio.       /

Amend the joint resolution, as and if amended, page 2, by striking lines 34-39 and inserting:

/     (H)   Funds received by the foundation shall be distributed to public middle and high schools throughout South Carolina as grants, in a manner which fulfills the charge in subsection (A) of this section. The foundation shall create guidelines to govern the selection of public schools to receive grants and the distribution of grant funds.     /

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the committee amendment.

Senator LOURIE explained the Bill.

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

S. 481--Ordered to a Third Reading

On motion of Senator LOURIE, S. 481 was ordered to receive a third reading on Friday, May 1, 2009.

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

There was no objection.

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

The Committee on Banking and Insurance proposed the following amendment (DKA\3714DW09), which was adopted:

Amend the bill, as and if amended, Section 38-43-200(D), SECTION 6, page 15, by striking the subsection in its entirety and inserting:

/ (D)   An insurer or insurance producer may pay or assign service fees or other valuable consideration to an insurance agency or to a person who does not sell, solicit, or negotiate insurance in this State, unless the payment violates another provision of Title 38. A payment made pursuant to the provisions of this subsection must not be based on completion of the sale of the insurance policy. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the committee amendment.

ACTING PRESIDENT PRESIDES

At 1:20 P.M., Senator L. MARTIN assumed the Chair.

The question then was the second reading of the Bill.

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

Ayes 38; Nays 3

AYES

Alexander                 Anderson                  Campbell
Campsen                   Coleman                   Courson
Davis                     Fair                      Ford
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin, L.                Martin, S.
Massey                    Matthews                  McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Rose                      Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--38

NAYS

Bright                    Bryant                    Mulvaney

Total--3

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

CARRIED OVER

H. 3175 (Word version) -- Reps. G.R. Smith, G.M. Smith and Bedingfield: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION TO A CHARTER SCHOOL, SO AS TO PROVIDE THAT ENROLLMENT PRIORITY MAY BE GIVEN TO A SIBLING OF A PUPIL ALREADY ENROLLED IN THE CHARTER SCHOOL WHO HAS ATTENDED THE SCHOOL FOR ONE YEAR OR MORE.

On motion of Senator FAIR, the Bill was carried over.

CONCURRENCE

S. 268 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 8, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES ENFORCEMENT OFFICERS, SO AS TO ESTABLISH A "SPECIAL INSPECTOR" OR "SPECIAL INSPECTION AGENCY" TO PERFORM BUILDING INSPECTIONS IN ONE OR MORE CONSTRUCTION TRADE DISCIPLINES, AND TO PROVIDE THE LICENSING PROCEDURE TO REQUIRE AUTHORIZATION FOR PERFORMING THESE INSPECTIONS FROM THE SOUTH CAROLINA BUILDING CODES COUNCIL AND THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

The House returned the Bill with amendments.

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

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

RECALLED

H. 4000 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 21, 2009, NOT LATER THAN 5:00 P.M., 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 NOT EARLIER THAN NOON ON TUESDAY, JUNE 16, 2009, FOR A PERIOD NOT TO EXCEED THREE STATEWIDE LEGISLATIVE DAYS FOR THE CONSIDERATION OF CERTAIN MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS AFTER THIS THREE-DAY PERIOD NOT LATER THAN 5:00 P.M. ON THE THIRD LEGISLATIVE DAY, 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 TO PROVIDE THAT UNLESS ADJOURNED EARLIER, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN 5:00 P.M. ON MONDAY, JANUARY 11, 2010.

Senator McCONNELL moved that the Bill be recalled from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary.

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

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

On motion of Senator FAIR, with unanimous consent, the remarks of Senator FORD were ordered to be printed in the Journal.

Remarks by Senator FORD

Gentlemen of the Senate, located in Senator McCONNELL's district is a school called West Ashley High School. And the reason I want to talk to you for a few minutes this morning is the principal at West Ashley High School is my lawyer's wife, Lieutenant Bill Runyon. Mayor Runyon is the principal and when we came up with the "No Child Left Behind Program," gentleman of the Senate, what happened was West Ashley High School was a school that merged West Ashley High and Middleton High Schools. Now we are talking about two powerhouses in not only athletics but academics, Senator. But what's been happening is that a lot of inner-city kids have been going there and a lot of kids from the rural areas have been invading that school. Now it's on the verge of becoming a failing school. And the reason I want to talk to you about this is that we don't have the luxury--we don't have the luxury of not doing anything. You've been doing a good job in education, but we don't have that luxury of doing nothing about the education problem in Charleston County--I mean South Carolina-- because we have too many failing schools, too many at-risk schools.   And I've been noticing that there's something about those of us who are elected. Our circles of friends are not going to be middle and low class people. They are going to tend to be people like us--you know upper middle class, etc.--people who might be considered very, very important in our neighborhoods and our communities. And so we don't really feel the pressure of what lower income people feel in South Carolina. As a result, we really don't try; we don't put a face on these people. What we put on them is that we basically bypass them. And when you bypass them, they tend not to be human beings but just another thing, just another thing.

And what we've got to do, and I'm begging the Senate to do this, is put a face on the people in your district, not just the democrats and not just those of us who are African-American, but all of the Senators have in their districts a lot of low income kids. Those children need special help that the public school system will never be able to provide. And, I mean never! No matter what we do, Senator from Richland, we would never be able to help all the kids.

Mrs. Runyon, who is just a great, great human being--and the Senator will tell you this--has close to 4000 kids at that school. There's no way this is her worry. There's no way she's going to be able to educate all of them properly. And that's the public school system in South Carolina. Now, it's not fair to her, and it's not fair to those parents who want the best for their children. We have to help them.

The face of new education is not those monsters anymore--those big old schools like mine in New Orleans--7000 students before integration. Those days are gone. America and the world is heavily into technology, and there's no way we're going to be able to keep up with the rest of the world if we can't educate our children. A lot of kids need special attention. Now, we are going to debate this from now on. This is an issue I cannot give up on.

And I want to say one more thing before I sit down. When I got involved in this three years ago, it was because of Senator JACKSON's speech. Everybody heard the speech and that summer I decided to go out on my own. I ain't ever heard of nobody named Howard Rich. Never. Never! They say everything is a joke to a lot of people. So I went out on my own to those communities that have different types of education programs. And believe me, gentlemen, there is a lot of good stuff out there. But you have to stop having a closed mind and saying, I don't want to take money from the public schools. No! You want to give money to kids to be educated. That's what we are here for. Education is not one big building all the time. You might have a kid who cannot learn if he is in a class with 25 or 30 kids. But that same kid--and we proved it two weeks ago in one of your subcommittees, Senator.

We have a gentleman in Charleston who is a colonel in the Air Force--a colonel! What he does in his spare time is this. He takes kids who drop out of school and who are kicked out of school and in three years they go to college. Some of the best colleges in this country accept his children who have been dropped out and kicked out, but he sees hope in them and he has educated them. They are in a class, four in a class. He uses other military people to do that. These parents have given up on their own children. But he's educating them. This exists all over America and all over this State--where you've got people who see hope in children. To them, if it's not in my circuit, if it's not in my fraternity or sorority, in my church--and, it might be a big-time church
--and, if I don't have contact with them, it's not my problem. A lot of us have never seen the faces of the people in our district. And if you don't see that face, you're not going to feel what other people feel. You have to feel for people, and once you feel it's a whole new ballgame.

And I'm sorry those gentlemen left because in districts like mine in South Carolina, like in the Senator from Sumter's district, he has seven failing schools, but he sees education as what? A building? Public schools? His friends don't attend those schools. His friends attend private schools. School board members in South Carolina's kids attend private schools. Public schools aren't good enough for them. Senator McCONNELL can tell you what we did in Charleston in 1984. We created, Senator, a magnet high school. The only people that get to go there are the rich and famous of Charleston. If you are somebody, your kid goes there. If you're on the school board, your child gets to go there. But everyday people in Charleston, no matter how smart their children may be, cannot go there. And that's the trend in America. And that's the trend across South Carolina. We want to separate ourselves from the masses, because we don't come in contact with them.

When I visit other districts, I ask them who their senators and representatives are. They don't know. You know why? Because they are isolated from the public. They don't see the public. They don't feel the public. And all I'm saying to you all is this: we've got to do something to educate our children in South Carolina. Not everybody can learn in a public school setting and this has got nothing to do with Howard Rich. This is about educating our children. And I would like to welcome anyone to do this. I will give you all of my bank accounts
--and I don't have money in them--I don't have more than two or three thousand dollars in any of them. I don't take any money for my feelings. I got involved with this. I'm involved with it, and now we have got to deal with it. And I'm going to keep bothering y'all with this every year until parents in South Carolina have choice, Senator. Those who want to do it. This is for the public schools.

As a matter of fact during the summer, the President Pro Tempore, gave us five thousand dollars for schools. I raised thirty-seven thousand dollars for three public schools in Charleston County during the summer. Why? Because they needed help. And I went out and helped them. So, I support public education. And I don't just talk about it. I put my money where my mouth is. But this is about educating all of the children, whether they are in poverty or whether they are rich. Everybody deserves a decent education, and everybody is not going to learn in no big gigantic public schools; but those kids like me who want to play football, or basketball, or baseball--public schools are ideal for them. But those kids who are slow learners--and they are in the public schools and their parents want to take them out-- then we should be willing to leave that parent alone.

Now, I'm sorry to take y'all's time up on Friday, but y'all are going to be hearing about this as long as I'm in the Senate, because we've got to do something to help these parents. We must do something to help these parents.

Thank you.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 30, 2009, at 2:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R22, S. 26 (Word version)) -- Senators Jackson and Rose: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP A PLAN FOR A STATEWIDE STROKE SYSTEM OF CARE, WHICH MUST INCLUDE, AMONG OTHER THINGS, AN URGENT RESPONSE SYSTEM, PUBLIC AWARENESS PROGRAMS FOR STROKE EDUCATION, PREVENTION, AND REHABILITATION, METHODS FOR EVALUATING THE IMPACT OF STROKES IN THIS STATE, RECOGNITION AND IMPLEMENTATION OF A STANDARDIZED STROKE TRIAGE ASSESSMENT TOOL, A STRATEGY TO REDUCE STROKE DISPARITIES AMONG MINORITIES AND UNDERSERVED POPULATIONS, POLICY CHANGES THAT MAY BE NEEDED, COORDINATION OF TREATMENT, AND DESIGNATION OF ACUTE STROKE HOSPITALS; AND TO PROVIDE THAT THE STUDY COMMITTEE IS ABOLISHED UPON SUBMISSION OF ITS REPORT TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 1, 2010.
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(R23, S. 97 (Word version)) -- Senators Leventis, Land and Malloy: AN ACT TO AMEND SECTION 59-53-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST CONSIST OF ELEVEN TOTAL MEMBERS, WITH AN ADDITIONAL MEMBER APPOINTED FROM CLARENDON COUNTY AND AN ADDITIONAL MEMBER APPOINTED FROM KERSHAW COUNTY.
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(R25, S. 420 (Word version)) -- Senators Knotts, Land, Coleman, Setzler, McConnell, Leatherman, Courson, Thomas and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4975 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS TO OPERATE A VEHICLE THAT IS UPFITTED AS AN AMBULANCE OR NO LONGER PERMITTED AND LICENSED AS AN AMBULANCE UNLESS CERTAIN EXTERIOR ITEMS THAT DISTINGUISH IT AS AN AMBULANCE ARE REMOVED, TO PROVIDE PENALTIES FOR VARIOUS VIOLATIONS OF THIS PROVISION.
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(R26, S. 540 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON MARCH 2, 2009, DUE TO SNOW, IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
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(R27, S. 620 (Word version)) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE, RELATING TO ENFORCEMENT OF PILOT STATUTES AND MARITIME HOMELAND SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4053, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R28, S. 698 (Word version)) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO LIGHT BROWN APPLE MOTH QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R29, S. 703 (Word version)) -- Senators S. Martin, Bright, Reese and Peeler: AN ACT TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING ELECTIONS FOR MEMBERS OF THE SCHOOL DISTRICT BOARDS OF TRUSTEES IN SPARTANBURG COUNTY, TO REDUCE THE NUMBER OF QUALIFIED ELECTORS THAT MUST SIGN A PETITION FOR A PERSON TO PLACE HIS NAME AS AN AT-LARGE CANDIDATE ON THE BALLOT AND TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL DISTRICT BOARD OF TRUSTEE CANDIDATE FROM A SINGLE-MEMBER DISTRICT IN ONE OF SPARTANBURG COUNTY'S SCHOOL DISTRICTS MAY PLACE HIS NAME ON THE BALLOT.
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(R30, H. 3121 (Word version)) -- Reps. J.E. Smith, E.H. Pitts, T.R. Young, Hutto, M.A. Pitts, Allison and Parker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OR A GROUP OF INDIVIDUALS TRAVELING IN ONE VEHICLE TO REMOVE, OR ATTEMPT TO REMOVE, FROM THIS STATE MORE THAN A SPECIFIED NUMBER OF CERTAIN NAMED SPECIES OF TURTLES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R31, H. 3203 (Word version)) -- Reps. Brady, Harrison, J.E. Smith, Battle and Simrill: AN ACT TO AMEND ARTICLE 4, CHAPTER 56, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY THAT WHOLESALE DRYCLEANING FACILITIES ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND ARE ELIGIBLE TO SEEK RESTORATION ASSISTANCE UNDER THIS ARTICLE; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS, OTHER THAN FUNDS FROM THE DRYCLEANING FACILITY RESTORATION TRUST FUND, IF AN EMERGENCY EXISTS AND FUNDS ARE NOT AVAILABLE FROM THE TRUST FUND AND TO FURTHER PROVIDE THAT THESE FUNDS MUST BE REPAID FROM THE TRUST FUND; TO PROVIDE EXEMPTIONS FROM THE ENVIRONMENTAL SURCHARGE IMPOSED ON THE GROSS PROCEEDS OF SALES OF RETAIL DRYCLEANING FACILITIES, INCLUDING AN EXEMPTION FOR WHOLESALE SALES OF DRYCLEANING SERVICES; TO FURTHER PROVIDE FOR ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR REQUESTING AND ISSUING RESTORATION ASSISTANCE, INCLUDING PROVIDING CRITERIA FOR DEDUCTIBLES AND CONDUCTING SECONDARY ASSESSMENTS; TO PROVIDE INITIAL AND ANNUAL REGISTRATION FEES FOR DRYCLEANING FACILITIES ESTABLISHED AFTER OCTOBER 1, 1995, AND TO AUTHORIZE THE PROPERTY OWNER TO REGISTER A FACILITY IF THE OWNER OR OPERATOR OF THE FACILITY DOES NOT; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF REGISTRATION, TO REQUIRE PRESENTATION OF CERTIFICATES IN ORDER TO PURCHASE DRYCLEANING SOLVENT, TO PROHIBIT A SUPPLY FACILITY, OR OTHER DRYCLEANING FACILITY, FROM SELLING DRYCLEANING SOLVENT TO A DRYCLEANING FACILITY IF THE FACILITY DOES NOT POSSESS A CERTIFICATE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS; TO SPECIFY REQUIREMENTS FOR A DRYCLEANING FACILITY EXEMPTION CERTIFICATE; TO AUTHORIZE A DRYCLEANING FACILITY PREVIOUSLY REGISTERED UNDER THIS ARTICLE TO OPT OUT IF THE FACILITY HAS BEEN IN OPERATION BEFORE JANUARY 1, 1940, AND ONLY HAS USED NONHALOGENATED CLEANERS; AND TO REVISE THE MEMBERSHIP OF THE DRYCLEANING ADVISORY COUNCIL.
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(R32, H. 3299 (Word version)) -- Reps. Sandifer, Harrell, Cato, Thompson, Bedingfield, Bingham, Brady, Gambrell, Harrison, Jennings, Mack, Mitchell, Cooper, Crawford, Alexander, Allison, Anthony, Bales, Bannister, Barfield, Bowers, G.A. Brown, Clemmons, Cobb-Hunter, Duncan, Gullick, Haley, Hayes, Herbkersman, Howard, Huggins, Limehouse, Littlejohn, Lowe, Miller, Ott, Owens, Pinson, M.A. Pitts, J.R. Smith, J.E. Smith, Spires, Toole, Umphlett, White, Whitmire, Anderson, A.D. Young, T.R. Young, Forrester, H.B. Brown, Weeks, Horne, Parker, Skelton, Wylie and Frye: AN ACT TO AMEND SECTION 58-9-576, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION BY AND DUTIES OF THE LOCAL EXCHANGE CARRIER AND ALTERNATIVE FORMS OF REGULATION, SO AS TO ENACT THE "CUSTOMER CHOICE AND TECHNOLOGY INVESTMENT ACT OF 2009", AND TO PROVIDE FOR THE CONTINUED REGULATION BY THE PUBLIC SERVICE COMMISSION OF CERTAIN LOCAL EXCHANGE CARRIERS WHEN PROVIDING CERTAIN TELECOM SERVICES, AND TO ALLOW OTHER LOCAL EXCHANGE CARRIERS TO OPT OUT OF REGULATION WHEN PROVIDING CERTAIN SERVICES.
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(R33, H. 3378 (Word version)) -- Rep. Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-192 SO AS TO PROVIDE FOR THE TERMS AND CONDITIONS OF MANDATORY STATE AGENCY FURLOUGH PROGRAMS, TO REQUIRE CERTAIN CONSULTATION AND GUIDANCE SERVICES BY THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD, AND TO DELETE THE PROVISIONS OF PARAGRAPH 89.120, PART IB, OF ACT 310 OF 2008, RELATING TO STATE AGENCY FURLOUGHS.
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(R34, H. 3380 (Word version)) -- Rep. Funderburk: AN ACT TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R35, H. 3428 (Word version)) -- Reps. Harrell, Cooper and Ott: AN ACT TO AMEND SECTION 2-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE FOR THE MAILING OF ACTS NOT PLACED ON THE DESKS OF MEMBERS OF THE GENERAL ASSEMBLY WHEN THE MEMBER REQUESTS THE SERVICES, REQUIRE THE CLERKS OF THE GENERAL ASSEMBLY TO MAKE ALL ACTS AVAILABLE TO THE PUBLIC AFTER APPROVAL BY THE GOVERNOR, AND GENERALLY RESTRUCTURE THE DISTRIBUTION OF ACTS; TO AMEND SECTION 2-13-190, RELATING TO PRINTING IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS OR ADVANCE SHEETS, SO AS TO DELETE THE REQUIREMENT THAT THE CODE COMMISSIONER SEND A COPY OF EACH ADVANCE SHEET TO A DELINEATED LIST OF PERSONS, PROVIDE FOR PRINTING BY THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS (LPITS) OF NOT MORE THAN TWENTY-FIVE COPIES OF THE ADVANCE SHEETS AS THE CODE COMMISSIONER ORDERS, AND TO DIRECT LPITS TO PUBLISH THE ADVANCE SHEETS ONLINE AS DIRECTED BY THE CODE COMMISSIONER; TO AMEND SECTION 8-15-40, RELATING TO THE DELIVERY OF THE CODE AND SUPPLEMENTS TO SUCCESSORS IN OFFICE, SO AS TO ALLOW THE CODE COMMISSIONER TO DETERMINE THE VALUE OF THE SET; TO AMEND SECTION 11-25-640, AS AMENDED, RELATING TO PERSONS ENTITLED TO RECEIVE ACTS AND JOINT RESOLUTIONS, SO AS TO NARROW THE LIST OF THOSE PERSONS RECEIVING THE ACTS AND JOINT RESOLUTIONS; AND TO AMEND SECTION 11-25-650, RELATING TO DISTRIBUTION OF COPIES AND PUBLICATIONS TO THE UNIVERSITY OF SOUTH CAROLINA LAW LIBRARY, SO AS TO DECREASE THE NUMBER OF COPIES PROVIDED OF THE ACTS AND JOINT RESOLUTIONS, THE CODE, AND THE REPORTS OF THE SUPREME COURT.
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(R36, H. 3452 (Word version)) -- Reps. Bannister, Bales, Crawford, Limehouse, G.M. Smith, J.E. Smith and Frye: AN ACT TO AMEND SUBARTICLE 11, ARTICLE 3, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MANUFACTURERS OF ALCOHOLIC LIQUORS, SO AS TO AUTHORIZE THE ESTABLISHMENT OF MICRO-DISTILLERIES OF ALCOHOLIC LIQUORS, TO SET FORTH REGULATIONS AND LIMITATIONS OF THE MICRO-DISTILLERIES, TO PROVIDE FOR BIENNIAL LICENSES AND FEES FOR MANUFACTURERS AND MICRO-DISTILLERIES OF ALCOHOLIC LIQUORS, TO PROVIDE PROCEDURES FOR TASTINGS AT MANUFACTURERS AND MICRO-DISTILLERIES OF ALCOHOLIC LIQUORS, TO PROVIDE FOR LIMITED RETAIL SALE AT MICRO-DISTILLERIES OF THEIR PRODUCTS,   AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO TAXES ON LICENSES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO INCREASE THE MANUFACTURER LICENSE FEE AND ADD A LICENSE FEE FOR A MICRO-DISTILLERY.
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(R37, H. 3589 (Word version)) -- Reps. White, Bowen, Thompson, Cooper and Gambrell: AN ACT TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANDERSON COUNTY SCHOOL DISTRICT BUDGETS AND TAX MILLAGES, SO AS TO PROVIDE THAT THE BUDGET THAT A SCHOOL DISTRICT IN ANDERSON COUNTY MUST PROVIDE TO THE ANDERSON COUNTY BOARD OF EDUCATION MUST REFLECT ON A LINE ITEM BASIS THE MANNER IN WHICH ALL FUNDS IN THE BUDGET MUST BE EXPENDED DURING THE FISCAL YEAR, AND TO REQUIRE THE COUNTY BOARD TO OBTAIN FROM EACH SCHOOL DISTRICT AND POST ON THE COUNTY BOARD WEBSITE THE COMPENSATION OF ALL DISTRICT ADMINISTRATIVE EMPLOYEES RECEIVING COMPENSATION OF MORE THAN FIFTY THOUSAND DOLLARS ANNUALLY.
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(R38, H. 3627 (Word version)) -- Reps. Miller and Anderson: AN ACT TO AMEND SECTION 59-67-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS BY CERTAIN OTHER PERSONS, SO AS TO FURTHER PROVIDE FOR THE OPERATION OF THESE BOATS BY THE DEPARTMENT ON SANDY ISLAND, FOR USE OF THESE BOATS BY SPECIFIED PERSONS, AND THE PROCEDURES APPLICABLE FOR USE.
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(R40, H. 3721 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2008; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO INTERNAL REVENUE CODE SECTIONS NOT ADOPTED BY STATE LAW, SO AS TO MAKE ADDITIONS; AND TO PROVIDE THAT A TAXPAYER WHO FOLLOWS SECTION 3094 OF THE FEDERAL HOUSING ECONOMIC RECOVERY ACT OF 2008, FOR SOUTH CAROLINA PURPOSES MUST NOT BE PENALIZED.
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(R41, H. 3776 (Word version)) -- Reps. A.D. Young, Harrell, Horne and Knight: AN ACT TO AUTHORIZE DORCHESTER COUNTY TO PAY PER DIEM, TRAVEL, OR OTHER EXPENSES TO A MEMBER OF A COUNTY BOARD OR COMMISSION WHEN THE MEMBER TRAVELS AND INCURS EXPENSES RELATING TO HIS DUTIES WHILE SERVING ON THE BOARD.
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(R42, H. 3818 (Word version)) -- Reps. Funderburk, Gunn and Lucas: AN ACT TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE NAME OF THE KERSHAW COUNTY MEDICAL CENTER IS HEREBY CHANGED TO KERSHAWHEALTH.
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(R43, H. 3856 (Word version)) -- Reps. Umphlett, Battle, Hardwick, Clemmons and Knight: AN ACT TO AMEND SECTION 51-17-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON DISPOSITION OF HERITAGE TRUST PROPERTY, SO AS TO EXCLUDE PUBLIC INFRASTRUCTURE PROJECTS FROM THE LIMITATION.
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LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Berkeley County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Rad Stuart Deaton, 2170 Ashley Phosphate Road, North Charleston, SC 29406 VICE Harry Lee Wright

Initial Appointment, Marion County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Carolyn H. Donnelly-Gause, 908 Fleetwood Dr., Mullins, SC 29574 VICE Regina G. Bristow

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jimmy Dean Crocker, 210 West Main Street, Union, SC 29379

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
William E. Goodwin, 210 West Main Street, Union, SC 29379

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James A. Cox, 1009 Old County Home Road, P.O. Box 8002, Anderson, SC 29622

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
William G. Bates, P. O. Box 824, Pelzer, SC 29669

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James T. Busby, Jr., 107 South Main Street, 2nd Floor, P. O. Box 8002, Anderson, SC 29622

Reappointment, Anderson County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Sherry E. Mattison, P. O. Box 828, Belton, SC 29627

Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jacquelyn G. Jenkins, P. O. Box 697, St. George, SC 29477

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Katrina L. Patton, 117 Colleton Avenue, Summerville, SC 29483

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Gary L. Cook, 4138 Club Course Drive, North Charleston, SC 29420

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Maite Murphy, 167 Oak Bluff Road, Summerville, SC 29485 VICE Penny Merriman

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Peter Brandt Shelbourne, 116 South Oak Street, Summerville, SC 29483

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Myron D. Johnson, 400 Shaftesbury Lane, Summerville, SC 29485

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Arthur Tuggle Bryngelson, Jr., 308 Tuggle Lane, Givhans, SC 29472-8724 VICE James H. Messervy

Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Frederick J. Newton, 400 Lakeview Drive, Summerville, SC 29485 VICE Michael T. Londergan, Mark A.Leiendecker

Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Janice Y. Simmons, 262 Mallard Road, Summerville, SC 29483

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Harold Whitney Smith, 174 Tom Kelly Circle, Carlisle, SC 29031

Reappointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Jeffrey Dean Bailey, 210 West Main Street, Union, SC 29379