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


Printed Page 4284 . . . . . Wednesday, May 28, 2008

Wednesday, May 28, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Daniel 2:21B: "He gives wisdom to the wise and knowledge to the discerning."
Let us pray. Almighty God, help us to know whatever happens, You are in control. Lead us to accept what You have delivered to us and use these Representatives as Your servants to provide for the welfare of Your people. Bless them with strength and wisdom to make the right choices in all things great and small. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

REPORTS OF STANDING COMMITTEES

Rep. BARFIELD, from the Horry Delegation, submitted a favorable report on:

S. 1367 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL COMMISSION, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE THAT TERMS OF ALL MEMBERS EXPIRE ON OCTOBER FIRST OF THE YEAR IN WHICH THEIR TERMS EXPIRE.
Ordered for consideration tomorrow.


Printed Page 4285 . . . . . Wednesday, May 28, 2008

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1403 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER WHICH FORMS THE BOUNDARY FOR CHESTERFIELD AND LANCASTER COUNTIES ALONG SOUTH CAROLINA HIGHWAY 9 THE "JUDGE PAUL M. BURCH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JUDGE PAUL M. BURCH BRIDGE".
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5198 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS IN SPARTANBURG COUNTY AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND OLD FURNACE ROAD AND AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 9 AND INTERSTATE HIGHWAY 85 THAT CONTAIN THE WORDS "BOILING SPRINGS HOME OF THE BOILING SPRINGS HIGH SCHOOL BULLDOGS 2008 CLASS AAAA STATE BASEBALL CHAMPIONS".
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 1158 (Word version) -- Senators Hayes, Sheheen, Gregory, Short and Peeler: A BILL TO AMEND SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE CATAWBA RIVER AS A SCENIC RIVER.
Ordered for consideration tomorrow.


Printed Page 4286 . . . . . Wednesday, May 28, 2008

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

S. 1210 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 49-29-230(4) OF THE 1976 CODE, RELATING TO SCENIC RIVERS, TO EXPAND THE PORTION OF LYNCHES RIVER THAT IS DESIGNATED AS A SCENIC RIVER.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5211 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, J. E. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE JOHN L. SCOTT, JR., OF RICHLAND COUNTY FOR EIGHTEEN YEARS OF VIGOROUS AND COMMITTED SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, John L. Scott, Jr., has represented the citizens of House District 77 in the South Carolina House of Representatives for eighteen years with industry and enthusiasm; and


Printed Page 4287 . . . . . Wednesday, May 28, 2008

Whereas, born in Richland County on October 21, 1953, the son of Gracie W. Scott and John L. Scott, Sr., he earned a bachelor's degree in accounting from South Carolina State University in 1975 and was awarded an honorary doctorate in Christian Humanitarian Service from C. E. Graham Doctors Bible Seminary in 2005; and

Whereas, he is married to his beloved wife Joan Crouch, and they have one child, John L. Scott III, and are members of New Ebenezer Baptist Church, where he served as the church clerk for fifteen years and currently serves as a deacon; and

Whereas, he is the owner and broker-in-charge of the J. L. Scott Realty Company and the president of the C & S Consulting Group and serves in the House of Representatives as the first African American nonlawyer in the history of the State; and

Whereas, his assignments in the House of Representatives have included the Ethics Committee and the Judiciary Committee, and he has served his colleagues as the chairman of the Freshman Caucus in 1992 and the chairman of the Legislative Black Caucus from 1996 to 1998; and

Whereas, the members of the South Carolina House of Representatives are grateful for the years of service that John L. Scott, Jr., has given to the citizens of his district and to this body and will miss his enthusiasm and encouragement. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable John L. Scott, Jr., of Richland County for eighteen years of vigorous and committed service in the House of Representatives and wish him success and happiness in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable John L. Scott, Jr.

The Resolution was adopted.


Printed Page 4288 . . . . . Wednesday, May 28, 2008

CONCURRENT RESOLUTION

The following was introduced:

H. 5212 (Word version) -- Reps. D. C. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF TONY L. CARR, SR., OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5213 (Word version) -- Reps. Anthony, Phillips, Moss, W. D. Smith, Walker, Agnew, Alexander, Allen, Anderson, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes,


Printed Page 4289 . . . . . Wednesday, May 28, 2008

Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE CREIGHTON B. COLEMAN OF FAIRFIELD COUNTY FOR EIGHT YEARS OF INDUSTRIOUS AND DEDICATED SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, Creighton B. Coleman has represented the citizens of House District 41 in the South Carolina House of Representatives for eight years with commitment and reliability; and

Whereas, born in Winnsboro on May 12, 1956, to the late Judge George Franklin Coleman, Jr. and Lucy Davis Coleman, Creighton Coleman earned a bachelor's degree in political science from The Citadel, The Military College of South Carolina, in 1979 and graduated from the University of South Carolina School of Law in 1985; and

Whereas, in 1990, Creighton married his beloved wife, Marian Walker McNair, and they have three fine children, Creighton B. Coleman, Jr., Chandler McNair Coleman, and Marian Walker Coleman; and

Whereas, Creighton Coleman served as an assistant prosecutor in the Fifth Judicial Circuit from 1985 to 1990, as an assistant prosecutor in the Sixth Judicial Circuit from 1990 to 1992, and on the Committee of Disciplinary Procedures of the South Carolina Bar Association from 1992 to 1995. He currently maintains a thriving law practice in Winnsboro in addition to his civil duties, family obligations, and service in the General Assembly; and

Whereas, Representative Coleman has further served his community on the Public Defenders Board for Fairfield and Chester Counties, on


Printed Page 4290 . . . . . Wednesday, May 28, 2008

the vestry of St. John's Episcopal Church from 1997-1999, and as the chairman of the Fairfield County Democratic Party in 1998; and

Whereas, his assignment in the House of Representatives included his able service to the Judiciary Committee; and

Whereas, the members of the South Carolina House of Representatives are grateful for the years of service that Creighton B. Coleman has given to the citizens of his district and to this body and will miss his steadfastness and counsel. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Creighton B. Coleman of Fairfield County for eight years of industrious and dedicated service in the House of Representatives and wish him success in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to Creighton B. Coleman.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5214 (Word version) -- Reps. E. H. Pitts, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT SARAH ROSE WEBB OF LEXINGTON COUNTY FOR A MERITORIOUS CAREER IN SCOUTING AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 4291 . . . . . Wednesday, May 28, 2008

HOUSE RESOLUTION

On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:

H. 5215 (Word version) -- Reps. Hosey, Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ALLENDALE-FAIRFAX HIGH SCHOOL BOYS TRACK TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Allendale-Fairfax High School boys track team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2008 Class A State Championship title.

The Resolution was adopted.


Printed Page 4292 . . . . . Wednesday, May 28, 2008

HOUSE RESOLUTION

The following was introduced:

H. 5216 (Word version) -- Reps. Hosey, Clyburn, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE ALLENDALE-FAIRFAX HIGH SCHOOL BOYS TRACK TEAM OF ALLENDALE COUNTY ON ITS IMPRESSIVE WIN OF THE 2008 CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5217 (Word version) -- Reps. McLeod and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26 AND SOUTH CAROLINA HIGHWAY 121 INTERCHANGE IN NEWBERRY COUNTY AS THE "U. S. MARSHAL ISRAEL BROOKS, JR. MEMORIAL INTERCHANGE" IN RECOGNITION OF HIS MANY ACHIEVEMENTS ATTAINED DURING HIS ILLUSTRIOUS LAW ENFORCEMENT CAREER, AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO


Printed Page 4293 . . . . . Wednesday, May 28, 2008

ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 5218 (Word version) -- Reps. Hagood, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND HOWARD ELLIOTT DUVALL, JR., OF RICHLAND COUNTY FOR HIS SERVICE AS MAYOR IN HIS HOME TOWN OF CHERAW AND FOR HIS YEARS OF SERVICE TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA, AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT AS THE EXECUTIVE DIRECTOR OF THE MUNICIPAL ASSOCIATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5219 (Word version) -- Reps. Barfield, Clemmons, Edge, Hardwick, Hayes, Viers, Agnew, Alexander, Allen, Anderson, Anthony, Bales,


Printed Page 4294 . . . . . Wednesday, May 28, 2008

Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Harrell, Harrison, Hart, Harvin, Haskins, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Walker, Weeks, Whipper, White, Whitmire, Williams and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE WILLIAM D. "BILLY" WITHERSPOON OF HORRY COUNTY FOR HIS SIXTEEN YEARS OF FAITHFUL SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM LIFE'S BEST AND MUCH HAPPINESS IN THE YEARS TO COME.

Whereas, the Honorable William D. "Billy" Witherspoon of Horry County for sixteen years has conscientiously and energetically represented the citizens of House District 105 in the House of Representatives of this great State; and

Whereas, now retired from the Clemson University Extension Service, Billy Witherspoon was born in 1935, the son of Hubert and Pearl Witherspoon of Timmonsville. In 1956, he graduated from Clemson University with a bachelor's degree, at which time he began his career with the Clemson University Extension Service as a York County and then a Dillon County assistant extension agent. Moving from this second position to serve as Dillon County extension director in 1964, he later became Horry County extension director, a post in which he served from 1969 until his retirement in 1990; and

Whereas, at the call of his country, he also served in the United States Army Reserve from 1959 to 1960; and


Printed Page 4295 . . . . . Wednesday, May 28, 2008

Whereas, as a House member, Representative Witherspoon gives invaluable leadership and a lifetime's relevant knowledge to the Agriculture, Natural Resources & Environmental Affairs Committee, of which he is chairman. In the past, he has served as president of the South Carolina Association of County Agricultural Agents, from which he received the Distinguished Service Award; and Southern director, as well as president, of the National Association of County Agricultural Agents; and

Whereas, believing a man should be involved in his community, Billy Witherspoon is a member of the Conway Kiwanis Club and has served on the advisory board of Carolina First. He is a past recipient of Conway Chamber of Commerce's Man of the Year award and Clemson University Alumni Association's Distinguished Public Service Award; and

Whereas, devoted husband of the former Linda Anne Johnson since 1958 and proud father of David, Craig, and Linda Anne, Representative Witherspoon counts as one of his chief blessings the strong support of his family. The Witherspoons are members of First Baptist Church, another source of family unity and strength; and

Whereas, the members of the House, understanding that their colleague Billy Witherspoon will not seek re-election, extend grateful thanks for his many years of tireless labor on behalf of the people of South Carolina, also wishing him much enjoyment in the different and more relaxing pursuits they trust he will make time for during his well-earned retirement. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable William D. "Billy" Witherspoon of Horry County for his sixteen years of faithful service as a member of the House of Representatives, and wish him life's best and much happiness in the years to come.

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

The Resolution was adopted.


Printed Page 4296 . . . . . Wednesday, May 28, 2008

CONCURRENT RESOLUTION

The following was introduced:

H. 5220 (Word version) -- Reps. Mack, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE FLOYD BREELAND OF CHARLESTON FOR HIS SIXTEEN YEARS OF COMMITTED SERVICE TO THE CITIZENS OF DISTRICT 111 IN CHARLESTON COUNTY AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

Whereas, with much pleasure, the members of the General Assembly pause in their deliberations to recognize the Honorable Floyd Breeland, who for sixteen years has represented the citizens of District 111 in Charleston County; and

Whereas, over the sixteen years of his service, this energetic public servant has given his expertise to numerous House committees, among them Interstate Cooperation, of which he is currently first vice chairman; Medical, Military, Public and Municipal Affairs; Budget Review; and Education. In the carrying out of his committee duties, his leadership as chairman or vice chairman has often been called upon; and


Printed Page 4297 . . . . . Wednesday, May 28, 2008

Whereas, he prepared himself for this work and his labors as a teacher and school administrator through completion of a bachelor's degree in English at Allen University in Columbia and a master's degree in secondary school administration at Indiana University, after which he pursued further postgraduate work at Columbia University in New York City. Fitting in two years of military service along the way, Floyd Breeland ultimately embarked on a thirty-three-year career in education; and

Whereas, not one to shirk his civic duty, he gives freely of his time to various community and faith-based organizations, including Charleston's Emanuel A.M.E. Church, where he is senior trustee and choir member, Omega Psi Phi Fraternity, Charleston County Community Pride, which he serves as a board member, and the NAACP; and

Whereas, during his years in the House of Representatives, he has not gone unappreciated, having received the Legislator of the Year Award from Coastal Center Parents and Guardians Association, Extraordinary Service Award from the South Carolina State Agency of Vocational Rehabilitation, Allen University General Alumni Award, and many others; and

Whereas, for nearly fifty years married to his beloved Felicia, Floyd Breeland gives full credit to her and their son, LeVanza Floyd Breeland, for the support that has enabled him to accomplish so much over the course of his life; and

Whereas, upon Floyd Breeland's retirement from the House of Representatives, his colleagues wish to express their gratitude for his many years of service to the people of District 111 and their sincere wishes for all the best life has to offer him in the years ahead. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, commend the Honorable Floyd Breeland of Charleston for his sixteen years of committed service to the citizens of District 111 in


Printed Page 4298 . . . . . Wednesday, May 28, 2008

Charleston County and wish him happiness and fulfillment in all his future endeavors.

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

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1420 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NEW SOUTH CAROLINA HIGHWAY 215 SECTION AROUND ROEBUCK THE "L. E. GABLE MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "L. E. GABLE MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5221 (Word version) -- Rep. M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 5, TITLE 16 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS"; AND BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 16 SO AS TO ENACT THE "SELF DEFENSE ACT OF 2008" PROVIDING THAT A PERSON OR ORGANIZATION WHICH CREATES A GUN-FREE ZONE IS LIABLE FOR DAMAGES UNDER CERTAIN CIRCUMSTANCES AND TO DEFINE THE TERM "GUN-FREE ZONE".
Referred to Committee on Judiciary

S. 1297 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 890 OF 1976, AS AMENDED, RELATING TO THE HOLLY SPRINGS VOLUNTEER FIRE DISTRICT IN SPARTANBURG COUNTY, SO


Printed Page 4299 . . . . . Wednesday, May 28, 2008

AS TO CHANGE THE NAME OF THE DISTRICT TO THE "HOLLY SPRINGS FIRE-RESCUE DEPARTMENT".
On motion of Rep. MAHAFFEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

The following was introduced:

H. 5222 (Word version) -- Reps. Kirsh, Delleney, Gullick, Moss, Mulvaney, Simrill, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND THE HONORABLE BESSIE A. MOODY-LAWRENCE OF YORK COUNTY FOR SIXTEEN YEARS OF DEDICATED AND DILIGENT SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS.

Whereas, for sixteen years, Bessie A. Moody-Lawrence has represented the citizens of District 49 in the House of Representatives with commitment and integrity; and

Whereas, born in Chester on February 14, 1941, to Bessie Lewis Ayers and Robert Douglas Ayers, Sr., she earned a bachelor's degree from South Carolina State University in 1962, a master's degree in education from Winthrop University in 1971, and a doctorate in education from the University of South Carolina in 1981; and


Printed Page 4300 . . . . . Wednesday, May 28, 2008

Whereas, in 1964, she married Lindberg Moody, Sr., now deceased, and they raised three fine children, Lindberg, Jr., Katrina Joanne, and Leah Bess. In 1991, she married her beloved husband James Earl Lawrence, and she has one stepchild, Erick C. Lawrence; and

Whereas, Representative Moody-Lawrence served as the college marshal at Winthrop University from 1983 to 1997, the program coordinator of elementary education there from 1985 to 1988, and is a member of the retired Emeritus faculty of that institution; and

Whereas, she has further served her community as the president of the South Carolina Association of Teacher Educators from 1982 to 1983, as the vice president of the Central City Optimist Club of Rock Hill from 1990 to 1991, and as the clerk of session of Hermon United Presbyterian Church from 1980 to 1986; and

Whereas, her assignments on the Education and Public Works Committee have included the Joint Committee to Study Alcohol and Drug Abuse and the Joint Legislative Committee on Children and Families; and

Whereas, Representative Moody-Lawrence's outstanding contributions to this State were recognized when she was named the 1997-1998 Stennis Southern Women in Government Pacesetter and when she received The Laney Award from the National Association for the Advancement of Colored People in 2000; and

Whereas, the members of the South Carolina House of Representatives appreciate the years of service that the Honorable Bessie A. Moody-Lawrence has given to the citizens of her district and to this body and will miss her integrity and industry. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable Bessie A. Moody-Lawrence of York County for sixteen years of dedicated and diligent service in the House of Representatives and wish her success in all her future endeavors.


Printed Page 4301 . . . . . Wednesday, May 28, 2008

Be it further resolved that a copy of this resolution be presented to the Honorable Bessie A. Moody-Lawrence.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Crawford
Daning                 Dantzler               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Mack                   Mahaffey               McLeod
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 Weeks

Printed Page 4302 . . . . . Wednesday, May 28, 2008

Whipper                White                  Whitmire
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 28.

William Bowers                    Creighton Coleman
Shannon Erickson                  Glenn Hamilton
Chris Hart                        James Lucas
James Merrill                     Bessie Moody-Lawrence
Denny Neilson                     Todd Rutherford
Bakari Sellers                    Doug Smith
Harold Mitchell                   Jerry Govan
Thad Viers                        H. G. Hutson

Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. Gary A. Goforth of Greenwood was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. CRAWFORD presented to the House the West Florence High School "Knights" Boys Varsity Tennis Team, the 2008 Class AAAA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. MILLER presented to the House the Waccamaw High School "Warriors" Boys Varsity Tennis Team, the 2008 Class A-AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. BRANHAM presented to the House the Johnsonville High School "Lady Flashes" Girls Track Team, the 2008 Class A Champions, their coaches and other school officials.


Printed Page 4303 . . . . . Wednesday, May 28, 2008

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL


Printed Page 4304 . . . . . Wednesday, May 28, 2008

BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.

S. 1141 (Word version) -- Senators McConnell, Rankin, Martin, Leventis, Peeler, Alexander, Hayes, Setzler, Hutto, Ceips, Knotts and Malloy: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF TAX ON MANUFACTURED HOMES, SO AS TO REDEFINE THE DEFINITION OF A MANUFACTURED HOME THAT IS SUBJECT TO A MAXIMUM SALES TAX BECAUSE IT MEETS CERTAIN ENERGY EFFICIENCY STANDARDS; AND TO AMEND CHAPTER 52, TITLE 48, BY ADDING ARTICLE 10 SO AS TO ESTABLISH AN INCENTIVE PROGRAM FOR THE PURCHASE AND INSTALLATION OF ENERGY EFFICIENT MANUFACTURED HOMES IN SOUTH CAROLINA.

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS


Printed Page 4305 . . . . . Wednesday, May 28, 2008

CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.

S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR


Printed Page 4306 . . . . . Wednesday, May 28, 2008

GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.

S. 1082 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-72-65, 38-72-67, AND 38-72-69 SO AS TO PROVIDE FOR RESCINDING AND ISSUING LONG TERM CARE INSURANCE POLICIES, AND TO REQUIRE THE LICENSING AND TRAINING OF A PRODUCER OF THESE POLICIES; TO AMEND SECTION 38-72-40, RELATING TO DEFINITIONS CONTAINED IN THE LONG TERM CARE INSURANCE ACT, SO AS TO FURTHER DEFINE "LONG TERM CARE INSURANCE", AND TO DEFINE THE TERM "QUALIFIED LONG TERM CARE INSURANCE CONTRACT" OR "FEDERALLY TAX-QUALIFIED LONG TERM CARE INSURANCE CONTRACT"; TO AMEND SECTION 38-72-60, RELATING TO THE APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO A LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THE ELEMENTS OF WHAT THESE POLICIES MAY INCLUDE AND THE CONDITIONS THAT MUST BE MET, AND ADDITIONAL ITEMS THAT MUST BE FURNISHED TO A POLICYHOLDER IN A MONTHLY REPORT; TO AMEND SECTION 38-72-70, RELATING TO THE ADOPTION OF REGULATIONS, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE CERTAIN REGULATIONS TO PROTECT A POLICYHOLDER IF THERE IS A SUBSTANTIAL RATE INCREASE AND ESTABLISH MINIMUM STANDARDS FOR PRODUCER EDUCATION, MARKETING PRACTICES, PENALTIES, AND REPORTING PRACTICES FOR LONG TERM CARE; AND TO AMEND SECTION 38-72-80, RELATING TO THE APPLICATION OF THIS CHAPTER, SO AS TO PROVIDE A SEVERABILITY PROVISION.

S. 530--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:

S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE


Printed Page 4307 . . . . . Wednesday, May 28, 2008

CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.

S. 297--DEBATE ADJOURNED

Rep. J. M. NEAL moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 297 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1244 (Word version) -- Senators Campsen, Gregory, Cromer, Ceips, McConnell, Scott and Cleary: A BILL TO AMEND SECTION 50-3-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOURCE OF ASSETS OF THE WILDLIFE ENDOWMENT FUND, SO AS TO PROVIDE THAT ALL LIFETIME PRIVILEGE FEES SHALL BE PART OF THE ASSETS OF THE FUND; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE THAT A LIFETIME STATEWIDE HUNTING LICENSE MAY BE OBTAINED FROM THE DEPARTMENT AT DESIGNATED


Printed Page 4308 . . . . . Wednesday, May 28, 2008

LICENSING LOCATIONS RATHER THAN AT THE DEPARTMENT'S COLUMBIA HEADQUARTERS; TO AMEND SECTION 50-9-520, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE THE TYPE OF LICENSES OFFERED, THE FEES FOR THESE LICENSES, THE LOCATIONS AT WHICH THEY MAY BE OBTAINED, AND THE PROCESS FOR CONVERTING CERTAIN LIFETIME LICENSES INTO SENIOR LIFETIME LICENSES; TO AMEND SECTION 50-9-540, RELATING TO FISHING LICENSES, SO AS TO CLARIFY THAT CERTAIN LICENSES ARE FOR RECREATIONAL FRESHWATER FISHING AND TO PROVIDE THE PROCEDURE AND FEE FOR OBTAINING A LIFETIME SALTWATER RECREATIONAL FISHERIES LICENSE; TO AMEND SECTION 50-13-1130, RELATING TO WHEN COMMERCIAL FRESHWATER FISHING LICENSES ARE REQUIRED, SO AS TO FURTHER PROVIDE FOR WHEN THESE LICENSES ARE REQUIRED; AND TO AMEND SECTION 50-13-1135, RELATING TO WHEN COMMERCIAL OR RECREATIONAL FRESHWATER FISHING LICENSES ARE REQUIRED WHEN USING CERTAIN DEVICES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES REQUIRING EACH LICENSE.

Rep. M. A. PITTS explained the Bill.

S. 903 (Word version) -- Senators Campsen, McConnell and McGill: A BILL TO AMEND SECTION 1-15-10 OF THE 1976 CODE, RELATING TO APPOINTING THE MEMBERS OF THE COMMISSION ON WOMEN, TO PROVIDE THAT THE COMMISSION IS COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH ONE MEMBER APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND NINE MEMBERS FROM THE STATE AT-LARGE.

Rep. HARRISON explained the Bill.

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


Printed Page 4309 . . . . . Wednesday, May 28, 2008

THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.

Rep. HARVIN explained the Bill.

S. 955 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA, AND GEORGIA AND SOUTH CAROLINA.

Rep. HAGOOD explained the Bill.

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

Rep. BANNISTER explained the Bill.

H. 5191 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO ESTABLISHING FEES, GUIDELINES FOR CONTINUING EDUCATION, AND REQUIREMENTS FOR LICENSURE AS A PHYSICAL


Printed Page 4310 . . . . . Wednesday, May 28, 2008

THERAPIST AND PHYSICAL THERAPIST ASSISTANT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

S. 1095 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ASSISTANT ADJUTANT GENERAL FOR THE ARMY, SO AS TO INCREASE THE NUMBER OF ASSISTANT ADJUTANT GENERALS TO TWO.

Rep. HARRISON explained the Bill.

S. 669--DEBATE ADJOURNED

Rep. G. M. SMITH moved to adjourn debate upon the following Bill, which was adopted:

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.

S. 1059--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN


Printed Page 4311 . . . . . Wednesday, May 28, 2008

CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20722SD08), which was adopted:
Amend the bill, as and if amended, by striking Section 44-79-60 of the 1976 Code, as contained in SECTION 2, and inserting:
/   Section 44-79-60.   A contract for physical fitness services may contain clauses which:

(1)   provide for extension of the term of the agreement for a period equal to a period of temporary disability or pregnancy of the customer, or for any other just or reasonable cause;

(2)   specify that the written contract constitutes the entire agreement between the parties;

(3)   provide for a renewal option, for a duration longer than one month but not more than twelve months, which to be enforceable must be exercised by the buyer in writing, or by payment by the buyer of part or all of the renewal price. Any A renewal option for a duration longer than one month may be exercised only near the expiration of any previous contract and for only not more than twelve months;

(4)   provide for an automatic renewal option, for a duration of no longer than one month, which to be enforceable must be disclosed in


Printed Page 4312 . . . . . Wednesday, May 28, 2008

bold type of at least fourteen-point font on the front page of the contract and must be initialed by the customer. The customer will be given the ability to opt in to the automatic renewal provision at the time the initial contract is executed by initialing an opt in provision. Near the expiration of the initial contract, the facility shall notify the customer in writing at the customer's last known address of the automatic renewal option which the customer selected at the time the initial contract was executed. Price may not increase or decrease in an automatically renewed contract without written notice to the customer of at least thirty but not more than sixty days prior to the effective date of the change in price.

(5)   specify that cancellation of a contract voids automatic renewal provisions.   /
Renumber sections to conform.
Amend title to conform.

Rep. BREELAND explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1156--DEBATE ADJOURNED

Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 1156 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.

H. 4928--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4928 (Word version) -- Reps. Jefferson, Lowe, Howard, G. M. Smith, Crawford, Cobb-Hunter, Alexander, Moss, Kennedy, Brantley, Williams, J. H. Neal, Clyburn, Hosey, Barfield, Breeland, Haskins, Hodges,


Printed Page 4313 . . . . . Wednesday, May 28, 2008

Loftis, Miller, Allen, Jennings, R. Brown, Whipper, Knight, Erickson, Hart and Mitchell: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIVERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12353AC08), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1.(A)(1) on page 2 by deleting /and/ on line 40; by inserting /and/ on line 41 after /;/; and by adding immediately after line 41:
/(e) cardiology recommended by the South Carolina Chapter of the American College of Cardiology;/
So When amended SECTION 1.(A)(1) reads:
/(1)   one physician actively involved in stroke care upon the recommendation of the South Carolina Medical Association from each of the following fields:

(a)   neurology;

(b)   neuroradiology;

(c)   internal medicine, general practice, or family practice actively involved in stroke care;

(d)   emergency medical services; and

(e)   cardiology recommended by the South Carolina Chapter of the American College of Cardiology;/
Renumber sections to conform.
Amend title to conform.

Rep. JEFFERSON explained the amendment.
The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

S. 218--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 218 (Word version) -- Senator Courson: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 25 OF THE 1976 CODE, RELATING TO THE


Printed Page 4314 . . . . . Wednesday, May 28, 2008

EMERGENCY MANAGEMENT ASSISTANCE COMPACT, TO NAME THE COMPACT THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT INSTEAD OF THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT; TO AMEND ARTICLE 4, CHAPTER 1, TITLE 25, RELATING TO THE EMERGENCY MANAGEMENT DIVISION, TO PROVIDE THAT THE EMERGENCY MANAGEMENT DIVISION IS RESPONSIBLE FOR IMPLEMENTING AN INCIDENT MANAGEMENT SYSTEM, AND TO PROVIDE THAT THE GOVERNOR SHALL DEVELOP AND COORDINATE AN EMERGENCY MANAGEMENT SYSTEM THAT INCLUDES CERTAIN PROVISIONS AND PROCEDURES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22116AB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Article 5, Chapter 9, Title 25 of the 1976 Code is amended to read:

"Article 5
Southern Regional Emergency Management Assistance Compact

Section 25-9-410.   This article may be cited as the Southern Regional Emergency Management Assistance Compact.

Section 25-9-420.   The Southern Regional Emergency Management Assistance Compact is enacted and entered into with all other states which adopt the compact in a form substantially as follows:
ARTICLE I - PURPOSE AND AUTHORITIES

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term 'states' is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the


Printed Page 4315 . . . . . Wednesday, May 28, 2008

giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
ARTICLE II - GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III - PARTY STATE RESPONSIBILITIES

A.   It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

i.   Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

ii.   Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate


Printed Page 4316 . . . . . Wednesday, May 28, 2008

management and provision of assistance concerning any potential emergency.

iii.   Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv.   Assist in warning communities adjacent to or crossing the state boundaries.

v.   Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

vi.   Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii.   Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B.   The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

i.   A description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

ii.   The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii.   The specific place and time for staging of the assisting party's response and a point of contact at that location.

C.   There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.


Printed Page 4317 . . . . . Wednesday, May 28, 2008

ARTICLE IV - LIMITATIONS

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof, provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state(s), whichever is longer.

ARTICLE V - LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI - LIABILITY

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection


Printed Page 4318 . . . . . Wednesday, May 28, 2008

therewith. Good faith in this article shall not include wilful misconduct, gross negligence, or recklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII - COMPENSATION

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX - REIMBURSEMENT

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may lend such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

ARTICLE X - EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population, as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be


Printed Page 4319 . . . . . Wednesday, May 28, 2008

put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI - IMPLEMENTATION

A.   This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B.   Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C.   Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

ARTICLE XII - VALIDITY

This act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereto to other persons and circumstances shall not be affected thereby.


Printed Page 4320 . . . . . Wednesday, May 28, 2008

ARTICLE XIII - ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code."
SECTION   2.   Article 4, Chapter 1, Title 25 of the 1976 Code is amended to read:

"Article 4
South Carolina Emergency Preparedness Management Division

Section 25-1-420.   There is established within the office of the Adjutant General the South Carolina Emergency Management Division.

The division must be administered by a director appointed by the Adjutant General, to serve at his pleasure, and such additional staff as may be employed or appointed by the Adjutant General.

The division is responsible for the implementation of the following:

(a)   coordinating the efforts of all state, county, and municipal agencies and departments in developing a State Emergency Plan;

(b)   conducting a statewide preparedness program to assure the capability of state, county, and municipal governments to execute the State Emergency Plan;

(c)   establishing and maintaining a State Emergency Operations Center and providing support of the state emergency staff and work force; and

(d)   establishing an effective system for reporting, analyzing, displaying, and disseminating emergency information; and

(e)   establishing an incident management system incorporating the principles of the National Incident Management System (NIMS) that provides for mitigation, preparedness, response to, and recovery from all manmade and natural hazards.

Section 25-1-430.   As used in this article:

(a)   'Emergency preparedness' shall mean the extraordinary actions of government in preparing for and carrying out all functions and operations, other than those for which the military is primarily responsible, when concerted, coordinated action by several agencies or departments of government and private sector organizations is required


Printed Page 4321 . . . . . Wednesday, May 28, 2008

to prevent, minimize, and repair injury and damage resulting from a disaster of any origin.

(b)   'Emergency' shall mean actual or threatened enemy attack, sabotage, conflagration, flood, storm, epidemic, earthquake, riot, or other public calamity.

(c)   'South Carolina Emergency Management (Civil Defense) Organization' shall mean all officers and employees of state government, county government, and municipal government, together with those volunteer forces enrolled to aid them in an emergency and persons who may by agreement or operation of law be charged with duties incident to protection of life and property of this State during emergencies.

Section 25-1-440.   (a)   The Governor, when an emergency has been declared, as the elected Chief Executive of the State, is responsible for the safety, security, and welfare of the State and is empowered with the following additional authority to adequately discharge this responsibility:

(1)   issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists;

(2)   declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly;

(3)   suspend provisions of existing regulations prescribing procedures for conduct of state business if strict compliance with the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the emergency;

(4)   utilize all available resources of state government as reasonably necessary to cope with the emergency;

(5)   transfer the direction, personnel, or functions of state departments, agencies, and commissions, or units thereof, for purposes of facilitating or performing emergency services as necessary or desirable;

(6)   compel performance by elected and appointed state, county, and municipal officials and employees of the emergency duties and functions assigned them in the State Emergency Plan or by Executive Order;


Printed Page 4322 . . . . . Wednesday, May 28, 2008

(7)   direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is considered necessary for the preservation of life or other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein;

(8)   within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State:

(i)   request and accept a grant by the federal government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster-related expenses or serious needs that may not be met otherwise from other means of assistance;

(ii)   enter into an agreement with the federal government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (i) of this item, under a ratio not to exceed twenty-five percent of the assistance;

(iii)   make financial grants to meet disaster related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance. No individual or family may receive grants aggregating more than ten thousand dollars with respect to any single major disaster subject to the limitations contained in subitem (ii) of this item. The ten thousand dollar limit must annually be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor; and

(iv)   promulgate necessary regulations for carrying out the purposes of this item.

(9)   authorize businesses that sell commodities and their employees to exceed a time established as a curfew for the purpose of ensuring that the supplies of commodities are made available to the public and direct local law enforcement to assist and accommodate those businesses and their employees in ensuring the commodities are available in coping with the emergency; and

(10)   by executive order, authorize operators of solid waste disposal facilities to extend operating hours to ensure the health, safety, and welfare of the general public.


Printed Page 4323 . . . . . Wednesday, May 28, 2008

(b)   The Governor is responsible for the development and coordination of a system of Comprehensive Emergency Management that includes: which must include provisions for mitigation, preparedness, response, and recovery in anticipated and actual emergency situations.

(1)   Provisions for mitigation, preparedness, response, and recovery in anticipated and actual emergency situations;

(2)   An incident management system that establishes procedures for response and recovery operations at all levels of government from the municipality, special purpose district, through the county to the state, according to the incident scene location.

(c)(1)   Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance made available pursuant to item (8) of subsection (a) upon conviction of each offense, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

(2)   Any person who knowingly violates any regulation promulgated pursuant to item (8) of subsection (a) is subject to a civil penalty of not more than two thousand dollars for each violation.

(3)   A grant recipient who misapplies financial assistance made available by item (8) of subsection (a) is subject to a civil penalty in an amount equal to one hundred fifty percent of the original grant amount.

(d)(1)   The Governor must appoint the Public Health Emergency Plan Committee, consisting of representatives of all state agencies relevant to public health emergency preparedness, and, in addition, a licensed physician from the private sector specializing in infectious diseases, a hospital infection control practitioner, a medical examiner, a coroner from an urban county or the coroner's designee, a member of the judiciary, and other members as may be considered appropriate.

(2)   Prior to the declaration of a public health emergency, the Governor must consult with the Public Health Planning Committee and may consult with any public health agency and other experts as necessary. Nothing herein shall be construed to limit the Governor's authority to act without such consultation when the situation calls for prompt and timely action.

(e)   The state of public health emergency must be declared by an executive order that indicates the nature of the public health emergency, the areas that are or may be threatened, and the conditions that have brought about the public health emergency. In addition to the powers and duties provided in this article and in Article 7, Chapter 3, Title 1, the declaration of a state of public health emergency authorizes


Printed Page 4324 . . . . . Wednesday, May 28, 2008

implementation of the provisions of Chapter 4, Title 44, the Emergency Health Powers Act. The declaration authorizes the deployment and use of any resources and personnel including, but not limited to, local officers and employees qualified as first responders, to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this act.

Section 25-1-450.   State, county, and municipal governments shall cooperate in developing and maintaining a plan for mutual assistance in emergencies.

(1)   State government shall be responsible for:

(a)   Establishing policies and developing a plan and procedures to insure maximum utilization of all state resources to minimize loss of life and injury to the populace and destruction or damage to resources and facilities of the State during emergencies resulting from enemy attack or natural or man-made emergencies.

(b)   Providing state forces and resources to support local governmental emergency operations and coordinating support with local governments from other sources, including the federal government and those unaffected counties of the State, and implement mutual assistance agreements with adjoining states.

(c)   Assuming direction and control of area or local government emergency operations when requested by the county legislative delegation or their designees or when local government authority has broken down or is nonexistent or when the nature or magnitude of an emergency is such that effective response and recovery action is beyond local government's capability or when, in the event of a war emergency or declared natural or man-made emergency, state direction is required for implementation of a national plan.

(2)   County and municipal governments shall be responsible for:

(a)   Organizing, planning, and otherwise preparing for prompt, effective employment of available resources of the county or municipality to support emergency operations of the municipalities of the county or to conduct emergency operations in areas where no municipal capability exists.

(b)   Coordinating support to municipal emergency operations from other sources including state and federal assistance as well as support made available from other municipalities of the county.

(c)   Developing and implementing a shelter/relocation plan to protect the populace from the hazards of a nuclear emergency and to


Printed Page 4325 . . . . . Wednesday, May 28, 2008

provide for the congregate housing and care of persons displaced or rendered homeless as a result of a natural or man-made emergency.

Section 25-1-460.   When the General Assembly is not in session and emergency funds are required by counties or municipalities, the State Budget and Control Board may authorize loans for emergency and recovery operations to counties and municipalities not to exceed one and one-half million dollars to any single county or municipality from the reserve fund of the state treasury paid from that fund from any monies in that fund not appropriated for other purposes. Any monies so used must be drawn from the fund on warrants of the board repayable by the borrowing county or municipality and secured by the full faith and credit of the county or municipality involved. These loans may be made only when damage or destruction results from a disaster declared as a state of emergency by the Governor. The board may also reimburse state agencies for unbudgeted expenditures or expenditures otherwise unreimbursed by the federal government for emergency expenditures resulting from their participation in the disaster based on their assigned responsibilities promulgated in the South Carolina Comprehensive Emergency Preparedness Plan."
SECTION   3.   Article 1, Chapter 3 of Title 23 of the 1976 Code is amended by adding:

"Section 23-3-70.   Notwithstanding another provision of law, each local and state emergency, fire, and law enforcement agency shall either:

(1)   adopt plain language communications as outlined by the Department of Homeland Security as its agency's standard; or

(2)   implement and submit for review by the State Law Enforcement Division a plan for the use of plain language communication during periods of a declared emergency."
SECTION   4.   Section 38-77-123(A) of the 1976 Code is amended to read:

"(A)(1)   No insurer shall refuse to renew an automobile insurance policy because of any one or more of the following factors:

(a)   age;

(b)   sex;

(c)   location of residence in this State;

(d)   race;

(e)   color;

(f)   creed;

(g)   national origin;

(h)   ancestry;


Printed Page 4326 . . . . . Wednesday, May 28, 2008

(i)   marital status;

(j)   income level.

(2)   No insurer shall refuse to renew an automobile insurance policy solely because of any one of the following factors:

(a)   lawful occupation, including the military service;

(b)   lack of driving experience, or number of years of driving experience;

(c)   lack of supporting business or lack of the potential for acquiring such business;

(d)   one or more accidents or violations that occurred more than thirty-six months immediately preceding the upcoming anniversary date;

(e)   one or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;

(f)   single claim by a single insured submitted under the medical payments coverage or medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;

(g)   one or more claims submitted under the comprehensive or towing coverages. However, nothing in this section prohibits an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer mails or delivers to the insured at the address shown in the policy, written, notice of the change in coverage at least thirty days before the renewal; or

(h)   two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator; or

(i)   an insured who uses his personal automobile for volunteer emergency services and who provides a copy of the policy promulgated by the chief of his department to his insurer on request.

(3)   Nothing contained in subsection (A)(1)(f), (g), and (h) of this subsection prohibits an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data except that no insurer may set rates based in whole or in part on race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this


Printed Page 4327 . . . . . Wednesday, May 28, 2008

subsection may preclude the use of a territorial plan approved by the director."
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

Reps. BANNISTER and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22128AB08), which was adopted:
Amend the bill, as and if amended, by deleting item (9) in Section 25-1-440, as contained in SECTION 2, page 218-10, lines 1 through 6, and inserting:
/   (9)   authorize, by executive order, a party to exceed the terms of a curfew if:

(i)   the party is a business that sells emergency commodities, an employee of a business that sells emergency commodities, or a local official; and

(ii)   exceeding the terms of the curfew is necessary to ensure emergency commodities are available to the public. As defined in this section, an emergency commodity means a commodity needed to sustain public health and well-being as determined by a local authority. Nothing in this section may be construed to superseded the authority of the Governor under Section 25-1-440.   /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 503--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND


Printed Page 4328 . . . . . Wednesday, May 28, 2008

EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7658AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 22-2-10 of the 1976 Code is amended to read:

"Section 22-2-10.   A senatorial legislative delegation in determining the persons to be recommended to the Governor for appointment as magistrates may appoint a screening committee to assist them in their selection of nominees."
SECTION   2.   Section 22-2-15 of the 1976 Code is amended to read:

"Section 22-2-15.   Notwithstanding the provisions of Section 22-2-10, in the event a senatorial legislative delegation representing a particular county desires to fill a vacancy in the office of magistrate and conduct a nonpartisan preferential election relating to the filling of such the vacancy more than six months prior to a scheduled general election, the delegation may direct the county election commission to conduct a special election. The majority of the senatorial legislative delegation shall call for such the election by notifying the county election commission in writing of its wishes at least sixty days prior to the date on which it desires to have the election. The election commission shall cause such the election to be advertised in a newspaper of general circulation in the magisterial district in which the election is to be held at least twice in such the sixty-day period setting forth the date and subject of such the election. Any qualified elector residing in the magisterial district may have his name placed on the preferential election ballot by filing a petition with the election commission at least forty-five days prior to the date of the special election. Except as specifically provided in this section, the election shall be governed by the provisions of Section 22-2-10 as they relate to nonpartisan preferential elections."
SECTION   3.   Section 22-2-40(B) of the 1976 Code is amended to read:


Printed Page 4329 . . . . . Wednesday, May 28, 2008

"(B)   In each county, one or more magistrates may be designated by the Governor with the advice and consent of the Senate legislative delegation as ministerial magistrates for the purpose of carrying out the following responsibilities to:

(1)   to issue criminal warrants;

(2)   to approve and accept written bonds in criminal matters, or in lieu of written bonds to approve and accept cash bonds;

(3)   to order the release of prisoners when proper and adequate bonds have been duly posted; and

(4)   to transfer any such warrant and written or cash bond to a magistrate having proper jurisdiction.

Ministerial magistrates shall must be available at nighttime and on weekends during such hours as may be designated by the chief magistrate."
SECTION   4.   Section 22-5-190 of the 1976 Code, as last amended by Act 246 of 1996, is further amended to read:

"Section 22-5-190.   (A)   A magistrate may endorse a warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or another county where he is located. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county.

(B)   Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring entitled by law to issue a warrant for a municipality and that warrant requires the arrest of any a person charged with a violation of a municipal ordinance, or a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested is presently incarcerated in a jail or detention center of the county in which where the municipality is located, law enforcement officers of that municipality with the assistance of law enforcement officials of the county operating the jail or detention center may serve the warrant on that person without the necessity of a magistrate of the county endorsing the warrant as required by this section.

(C)   Except as otherwise provided in subsection (B), whenever a When a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring


Printed Page 4330 . . . . . Wednesday, May 28, 2008

entitled by law to issue a warrant for a municipality, and that warrant requires the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate the warrant is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall be to the following effect: It shall be addressed to the sheriff or any lawful constable of the county of the endorsing magistrate, directing the officer to arrest the person named in the warrant and bring the person before the endorsing magistrate, to be dealt with according to law. Unless a proper bond is filed with the endorsing magistrate by the person arrested, conditioned upon his or her appearance before the officer originally issuing the warrant, to answer the charges in it, the person arrested shall must be promptly turned over to police officers of the municipality from which where the warrant was originally issued who are hereby empowered to return the person to the municipality involved. A magistrate shall not be required to endorse the warrant when the maximum penalty for each offense charged by the warrant does not exceed ten dollars or when the offense consists of the illegal parking of a motor vehicle.

(D)   All costs, fees, travel, and other expenses in connection with the endorsement and execution of such warrants shall be paid by the municipality involved to the county or officers entitled thereto."
SECTION   5.   Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.   (A)   Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any an offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons."


Printed Page 4331 . . . . . Wednesday, May 28, 2008

SECTION   6.   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   7.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1159--DEBATE ADJOURNED

Rep. TALLEY moved to adjourn debate upon the following Bill, which was adopted:

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO


Printed Page 4332 . . . . . Wednesday, May 28, 2008

AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.

S. 1122--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19259MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-515.   (A)   An American Indian artist, who is a member of a tribe recognized by (1) Public Law 101-644, the Indian Arts and Crafts Board Act, and (2) the state's Commission on Minority Affairs pursuant to Section 1-31-40, may use wild turkey feathers in arts and crafts that are offered for sale and sold to the general public if the artist has on his person a tribal identification card demonstrating his authorization pursuant to the Indian Arts and Crafts Board Act.

(B)   This section does not authorize the sale of other parts of wild turkeys, whether taken lawfully or unlawfully, including, but not limited to, capes, beards, and fans."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 4333 . . . . . Wednesday, May 28, 2008

S. 577--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.

Rep. JENNINGS proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7667AHB08), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS at the end to read:
/ SECTION   ___.   Chapter 15, Title 17 of the 1976 Code is amended by adding:

"Section 17-15-90.   A person released pursuant to the provisions of Chapter 15, Title 17 who wilfully fails to appear before the court as required must:

(1)   if he was released in connection with a charge for a felony or while awaiting sentencing after conviction, be fined not more than five thousand dollars or imprisoned for not more than five years, or both; or

(2)   if he was released in connection with a charge for a misdemeanor for which the maximum possible sentence was at least one year, be fined not more than one thousand dollars or imprisoned for not more than one year, or both."
SECTION   ___.   Section 38-53-50 of the 1976 Code is amended to read:

"Section 38-53-50.   (A)   A surety desiring to be relieved on a bond for "good cause" or the nonpayment of fees shall file with the clerk of court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court then shall then schedule a hearing to determine if the surety should be relieved on the bond and advise notify all parties of the hearing date. At the time of the filing of the motion, a fee of twenty dollars must be paid to the clerk of court to be retained by the clerk for use in the operation of the clerk's office. The fee will cover the cost of copies of the motion required by the surety.


Printed Page 4334 . . . . . Wednesday, May 28, 2008

(B)   If the circumstances warrant immediate incarceration of the defendant to prevent imminent violation of any one of the specific terms of the bail bond, or if the defendant has violated any one of the specific terms of the bond, the surety may take the defendant to the appropriate detention facility for holding until the court orders that the surety be relieved. The surety, within three business days following recommitment, must immediately file with the detention facility and the court an affidavit clocked in with the clerk of court on a form provided by the Division of Court Administration stating the facts to support the surrender of the defendant for good cause or the nonpayment of fees. Nonpayment of fees alone is not sufficient cause to warrant immediate incarceration of the defendant. When the defendant and the affidavit are presented at the appropriate detention facility, the facility shall take custody of the defendant. When the affidavit is filed with the court, the surety must also shall file a motion to be relieved on the bond pursuant to subsection (A). A surety who surrenders a defendant and files an affidavit which does not show good cause or the nonpayment of fees is subject to penalties imposed for perjury as provided for in Article 1, Chapter 9 of , Title 16.

(C)   If the defendant is incarcerated by the surety or a law enforcement agency as a result of a bench warrant, the surety shall file an affidavit with the court stating that the defendant is incarcerated in the appropriate detention facility as a result of the bench warrant as well as the violation of the specific term or terms of the bail bond stated in the bench warrant. Once the affidavit pursuant to the provisions of this subsection has been filed, the surety is relieved of all liability on the bail bond by the court.

(D)   After the surety has been relieved by order of the court, a new undertaking must be filed with the appropriate court in order to secure the re-release subsequent release of the defendant. The undertaking must contain the same conditions included in the original bond unless the conditions have been changed by the court."
SECTION   ___.   Section 38-53-70 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 38-53-70.   If a defendant fails to appear at a court proceeding to which he has been summoned, the court must shall issue a bench warrant for the defendant. The court shall make available for pickup by the surety or the representative of the surety who executed the bond on their behalf, a true copy of the bench warrant within seven days of its issuance at the clerk of court's office. If the surety fails to surrender the defendant or place a hold on the defendant's release from


Printed Page 4335 . . . . . Wednesday, May 28, 2008

incarceration, commitment, or institutionalization within thirty ninety days of the issuance of the bench warrant, the bond shall be is forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any a county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court, in its discretion, may permit the surety to pay the estreatment in installments for a period of up to six months; however, the surety must shall pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety is relieved of any further liability."
SECTION   ___.   Section 22-5-110 of the 1976 Code is amended to read:

"Section 22-5-110.   (A)   Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.

(B)   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."
SECTION   ___.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.


Printed Page 4336 . . . . . Wednesday, May 28, 2008

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

Rep. JENNINGS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 181--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTIONS 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT


Printed Page 4337 . . . . . Wednesday, May 28, 2008

CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

Rep. HAGOOD proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7674AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-210.   (A)   A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B)   A prisoner convicted of a 'no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is entitled to credits under this provision. No prisoner convicted of a 'no parole offense' is entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the


Printed Page 4338 . . . . . Wednesday, May 28, 2008

several sentences is the basis upon which the good conduct credit is computed.

(C)   A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)   If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)   Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to discharge from the criminal justice system.

(F)   No credits earned pursuant to this section may be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(G)   The director may establish policies and procedures to restore to an inmate one-half of the good-time credit lost for a disciplinary infraction if the inmate is not found guilty of a subsequent disciplinary infraction for three hundred sixty-five days from the date of his last adjudication of guilt of a disciplinary infraction. An inmate released as


Printed Page 4339 . . . . . Wednesday, May 28, 2008

a result of the restoration of good-time credit does not have a cause of action against the department for false imprisonment.

(H)   The director, in his discretion, may award up to one hundred eighty days of good-time credit to an inmate who performs a particularly meritorious act which results in the reduction or avoidance of serious injury or death of any employee, civilian, or member of the public while risking his own life or health. However, the inmate's sentence may not be reduced to a level below that required by law to be served."
SECTION   2.   Section 24-13-230(A) of the 1976 Code is amended to read:

"(A)   The director of the Department of Corrections may must establish policy and procedures to allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, or is participating in self-improvement programs, which may include counseling, substance abuse programs, religious programs, or recommended health improvement programs, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work, credit and education, and self-improvement credit is limited to one hundred eighty days."
SECTION   3.   Section 24-27-200 of the 1976 Code is amended to read:

"Section 24-27-200.   A prisoner shall forfeit all or part of his earned work, education, or good conduct credits in an amount to be determined by the Department of Corrections upon recommendation of the court, to include the administrative law court, if the court finds that the prisoner has done any of the following in a case pertaining to his incarceration or apprehension filed by him in state or federal court or in an administrative proceeding while incarcerated:

(1)   submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2)   testified falsely or otherwise presented false evidence or information to the court;

(3)   unreasonably expanded or delayed a proceeding; or

(4)   abused the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to


Printed Page 4340 . . . . . Wednesday, May 28, 2008

move for the findings in a case in which the State or any public entity or official is a defendant."
SECTION   4.   Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   Architectural plans, drawings, or schematics or law enforcement policies whose disclosure reasonably would be used to facilitate an escape from lawful custody."
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 833--RECOMMITTED

The following Bill was taken up:

S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.

Rep. WITHERSPOON moved to recommit the Bill to the Committee on Judiciary.

Rep. HAGOOD moved to table the motion.

Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:

Yeas 24; Nays 81


Printed Page 4341 . . . . . Wednesday, May 28, 2008

Those who voted in the affirmative are:
Agnew                  Bingham                Brantley
R. Brown               Crawford               Erickson
Gullick                Hagood                 Haley
Herbkersman            Hodges                 Jennings
Lowe                   J. M. Neal             E. H. Pitts
Rutherford             Scarborough            Simrill
D. C. Smith            G. M. Smith            J. E. Smith
Stavrinakis            Whipper                Young

Total--24

Those who voted in the negative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bowen
Bowers                 Brady                  Branham
Breeland               G. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Daning                 Dantzler
Delleney               Duncan                 Edge
Frye                   Funderburk             Govan
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Hiott                  Hosey                  Huggins
Jefferson              Kelly                  Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
M. A. Pitts            Rice                   Scott
Shoopman               Skelton                F. N. Smith
J. R. Smith            Spires                 Stewart
Talley                 Thompson               Toole

Printed Page 4342 . . . . . Wednesday, May 28, 2008

Umphlett               Walker                 Weeks
White                  Williams               Witherspoon

Total--81

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES MEMBERS OF THE CITADEL, CLEMSON UNIVERSITY, LANDER UNIVERSITY AND WINTHROP UNIVERSITY

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1281 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2008, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The PRESIDENT recognized Rep. PHILLIPS, Chairman of the Joint Screening Committee for Colleges and Universities.


Printed Page 4343 . . . . . Wednesday, May 28, 2008

THE CITADEL
AT-LARGE SEAT

The PRESIDENT announced that nominations were in order for an At-Large Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Glenn D. Addison had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Glenn D. Addison was duly elected for the term prescribed by law.

CLEMSON UNIVERSITY
AT-LARGE SEAT

The PRESIDENT announced that nominations were in order for an At-Large Seat.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Pat Black, Jr., John L. Cote, Jr., Jack W. Erter, Jr., Nicky McCarter, Neil C. Robinson, Jr., Steven G. Strickland, and Rodney Williams had been screened and found qualified.
Rep. PHILLIPS stated that Pat Black, Jr., John L. Cote, Jr., Jack W. Erter, Jr., Neil C. Robinson, Jr., and Steven G. Strickland had withdrawn from the race, and placed the names of the remaining candidates, Nicky McCarter and Rodney Williams, in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for McCarter:

Campbell               Ceips                  Cleary
Courson                Drummond               Elliott
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Land                   Leventis               Lourie
Malloy                 Massey                 Matthews
McGill                 O'Dell                 Peeler
Pinckney               Reese                  Ritchie
Ryberg                 Setzler                Sheheen
Short                  Verdin                 Williams

Total--30


Printed Page 4344 . . . . . Wednesday, May 28, 2008

The following named Senators voted for Williams:

Alexander              Bryant                 Campsen
Cromer                 Fair                   Grooms
Leatherman             Martin                 McConnell
Patterson              Rankin                 Thomas

Total--12

On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for McCarter:

Agnew                  Alexander              Anderson
Bales                  Barfield               Bowers
Brady                  Branham                Brantley
G. Brown               Chalk                  Clyburn
Coleman                Cotty                  Crawford
Dantzler               Delleney               Edge
Erickson               Frye                   Gullick
Haley                  Hardwick               Harrison
Hart                   Harvin                 Herbkersman
Hodges                 Hosey                  Jefferson
Jennings               Kennedy                Kirsh
Loftis                 Lucas                  Moody-Lawrence
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Sellers
Simrill                D. C. Smith            F. N. Smith
J. E. Smith            Stewart                Toole
Weeks                  Williams               Witherspoon

Total--57

The following named Representatives voted for Williams:

Allen                  Anthony                Ballentine
Bannister              Bedingfield            Bingham
Bowen                  Breeland               R. Brown
Cato                   Clemmons               Cobb-Hunter
Cooper                 Daning                 Duncan
Funderburk             Gambrell               Govan

Printed Page 4345 . . . . . Wednesday, May 28, 2008

Hagood                 Hamilton               Harrell
Haskins                Hayes                  Hiott
Howard                 Huggins                Kelly
Knight                 Leach                  Littlejohn
Lowe                   Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Owens                  M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Shoopman
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Umphlett               Walker
Whipper                White                  Whitmire
Young

Total--61

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   118
Grand Total   160
Necessary to a choice   81
Of which McCarter received   87
Of which Williams received   73

Whereupon, the PRESIDENT announced that Nicky McCarter was duly elected for the term prescribed by law.

LANDER UNIVERSITY
FIRST CONGRESSIONAL DISTRICT, SEAT 2

The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Robert Brimmer had been screened, found qualified, and placed his name in nomination.
On motion of Rep. PHILLIPS, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert Brimmer was duly elected for the term prescribed by law.


Printed Page 4346 . . . . . Wednesday, May 28, 2008

WINTHROP UNIVERSITY
SECOND CONGRESSIONAL DISTRICT, SEAT 2

The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that Donna G. Tinsley had been screened, found qualified, and placed her name in nomination.
On motion of Rep. PHILLIPS, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Donna G. Tinsley was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:15 p.m. the House resumed, the SPEAKER in the Chair.

H. 4662--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4662:

H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J. M. Neal, R. Brown and Whipper: A BILL TO AMEND


Printed Page 4347 . . . . . Wednesday, May 28, 2008

CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.

Very respectfully,
President

On motion of Rep. WALKER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WHITMIRE, BEDINGFIELD and J. M. NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 88--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 88 (Word version) -- Senators Campsen, Sheheen and Knotts: A BILL TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.


Printed Page 4348 . . . . . Wednesday, May 28, 2008

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7656AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Article 19, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2600.   A local governing authority that has issued a citation to a person who violates a provision that regulates the parking of vehicles shall allow the person thirty days to pay the original fine assessed before the local governing authority may increase the fine by any amount." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1376--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, June 3, which was adopted:

S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: 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 ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 490--INTERRUPTED DEBATE

The following Bill was taken up:

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


Printed Page 4349 . . . . . Wednesday, May 28, 2008

INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

Rep. HERBKERSMAN moved to adjourn debate on the Bill until Thursday, May 29.

Rep. COOPER moved to table the motion.

Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:

Yeas 91; Nays 8

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               G. Brown
Cato                   Chalk                  Clemmons
Coleman                Cooper                 Cotty
Crawford               Daning                 Dantzler
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Hart
Haskins                Hayes                  Hosey
Huggins                Jefferson              Jennings
Kelly                  Kirsh                  Knight
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Miller
Moss                   Mulvaney               J. H. Neal
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Shoopman
Simrill                Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Toole

Printed Page 4350 . . . . . Wednesday, May 28, 2008

Umphlett               Walker                 White
Whitmire               Williams               Witherspoon
Young

Total--91

Those who voted in the negative are:

Herbkersman            Merrill                Moody-Lawrence
Rutherford             Sellers                G. M. Smith
Stavrinakis            Weeks

Total--8

So, the motion to adjourn debate was tabled.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20704SD08):
Amend the bill, as and if amended, by adding new Sections appropriately numbered to read:
/SECTION   ____.   A.   Section 15-3-20 of the 1976 Code is amended to read:

"Section 15-3-20.   (A)   Civil actions may only be commenced within the periods prescribed in this title after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.

(B)   A civil action is commenced and the statute of limitations is tolled when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. However, the court must grant an additional one hundred twenty days to complete service of process upon payment of an additional filing fee equivalent to the fee charged for the filing of a summons and complaint as set by the Supreme Court."
B.   This section takes effect upon approval by the Governor and applies to all cases pending on the effective date.
SECTION   ____.   (A)   The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.


Printed Page 4351 . . . . . Wednesday, May 28, 2008

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of fiscal year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for fiscal year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds.   /
Renumber sections to conform.
Amend title to conform.

Rep. CATO moved to adjourn debate on the amendment, which was agreed to.

Reps. HARRELL, COOPER and CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20717SD08):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   (A)   The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of fiscal year


Printed Page 4352 . . . . . Wednesday, May 28, 2008

2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for fiscal year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds.
SECTION   2.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   (A)   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

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

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

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

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

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.
The court must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, fees awarded pursuant to this section shall not be in excess of the prevailing and customary hourly rate that the Attorney General typically approves for attorneys in South Carolina engaged to represent the State in tort litigation, unless the court determines that a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee; The provisions of this subsection do not apply to an attorney's fees award paid to an attorney representing a landowner in a condemnation proceeding as provided for in Section 28-2-510 or Section 57-5-320.


Printed Page 4353 . . . . . Wednesday, May 28, 2008

(C)   In no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation.

(D)   The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, and challenges concerning the constitutionality of an act of the General Assembly."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
Rep. J. E. SMITH spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. J. E. SMITH having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.

S. 144--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 144:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES


Printed Page 4354 . . . . . Wednesday, May 28, 2008

FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
and asks for a Committee of Conference and has appointed Senators Malloy, Rankin and Cleary to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. G. M. SMITH, KELLY and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5217 (Word version) -- Reps. McLeod and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26 AND SOUTH CAROLINA HIGHWAY 121 INTERCHANGE IN NEWBERRY COUNTY AS THE "U. S. MARSHAL ISRAEL BROOKS, JR. MEMORIAL INTERCHANGE" IN RECOGNITION OF HIS MANY ACHIEVEMENTS ATTAINED DURING HIS ILLUSTRIOUS LAW ENFORCEMENT CAREER, AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1420 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NEW SOUTH CAROLINA HIGHWAY 215 SECTION AROUND ROEBUCK THE "L. E. GABLE MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "L. E. GABLE MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.


Printed Page 4355 . . . . . Wednesday, May 28, 2008

HOUSE RESOLUTION

The following was introduced:

H. 5223 (Word version) -- Reps. Coleman, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE RICHARD WINN ACADEMY GOLF TEAM OF WINNSBORO FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5224 (Word version) -- Reps. Parks, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly,


Printed Page 4356 . . . . . Wednesday, May 28, 2008

Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE CROSS ROAD MISSIONARY BAPTIST CHURCH OF THE PROMISED LAND COMMUNITY ON THE OCCASION OF ITS HISTORIC ONE HUNDRED TWENTY-SIXTH ANNIVERSARY, AND TO COMMEND THE CHURCH FOR MORE THAN A CENTURY OF SERVICE TO THE COMMUNITY.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5225 (Word version) -- Reps. Herbkersman and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND EIGHT-TENTHS CENTS, PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE CANCER SCREENING TRUST FUND, THE HEALTH CARE ENHANCEMENT TRUST FUND, AND THE SENIOR CARE AND NURSING TRAINING TRUST FUND, PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO CONFORM DEFINITIONS; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH IN THE STATE TREASURY THE SMOKING PREVENTION AND CESSATION TRUST FUND, THE CANCER SCREENING TRUST FUND, THE HEALTH CARE ENHANCEMENT TRUST FUND, AND THE SENIOR CARE AND NURSING TRAINING TRUST FUND, ALL SO AS TO RECEIVE


Printed Page 4357 . . . . . Wednesday, May 28, 2008

DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; TO PROHIBIT THE EXCESSIVE PURCHASE OF CIGARETTES FOR RESALE IN ANTICIPATION OF THE APPLICATION OF THE SURTAX; AND TO CREATE A STUDY COMMITTEE ON HEALTH CARE ACCESS AND AFFORDABILITY, PROVIDE FOR ITS MEMBERSHIP, AND REQUIRE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS BY JANUARY 1, 2010.
Referred to Committee on Ways and Means

S. 490--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. J. E. Smith having the floor:

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

Reps. SELLERS, COOPER, CATO, CRAWFORD, HERBKERSMAN, WEEKS, MULVANEY, UMPHLETT, MERRILL, JEFFERSON, CLYBURN, GULLICK, SHOOPMAN and LEACH requested debate on the Bill.

S. 1115--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1115 (Word version) -- Senators Leventis, Land, Ford, Anderson, Hutto, Malloy, Matthews, Williams, Peeler, Short, Sheheen, Drummond, Jackson, Ceips and Lourie: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION AT PUBLIC COLLEGES AND UNIVERSITIES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE PERSONNEL AND THEIR DEPENDENTS ARE ELIGIBLE TO RECEIVE AND RETAIN IN-STATE TUITION RATES.


Printed Page 4358 . . . . . Wednesday, May 28, 2008

Rep. DUNCAN proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10667BB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION   ___.   Chapter 1, Title 40 of the 1976 Code is amended by adding:

"Section 40-1-75.   A person whose profession or occupation is regulated by this title is exempt from completing continuing education requirements for his profession or occupation while serving on active military duty."/
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.
The amendment was then adopted.

Rep. COOPER explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 530--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.

Rep. Cooper proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10676HTC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Article III, Section 17 of the South Carolina Constitution in that each provision relates directly to or in conjunction with other sections to the subject of


Printed Page 4359 . . . . . Wednesday, May 28, 2008

permanently codifying temporary provisos contained in prior versions of the General Appropriations Act.

The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.
SECTION   2.   This act may be cited as the "Budget Proviso Codification Act".

Part 1
Commission on Higher Education

A. (6.10) 1.   Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-193.   Notwithstanding any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution. During the furlough, affected employees shall be entitled to receive the same state benefits as otherwise available to them except for receiving their salaries. For benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted. For benefits which require only employee contributions, the employee remains solely responsible for making the contributions. Placement of an employee on furlough pursuant to this section does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this section does not apply. The implementation of a


Printed Page 4360 . . . . . Wednesday, May 28, 2008

furlough program authorized by this section shall be on an institution by institution basis."

2.   This subpart takes effect July 1, 2008.
B. (6.14) 1.   Section 59-104-20 of the 1976 Code is amended by adding an appropriately numbered subsection after subsection (G) to read:

"( )   The Commission on Higher Education shall, by regulation, define alternative qualifications for an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school."

2.   This subpart takes effect July 1, 2008.
C. (6.11) 1.   Section 59-143-10 of the 1976 Code is amended to read:

"Section 59-143-10.   (A)   There is hereby established the South Carolina Children's Education Endowment. The revenue received pursuant to Section 48-46-40(E)(3) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Children's Education Endowment'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes, which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently.

(B)   Upon receipt of monies transferred to the Children's Education Endowment by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. Beginning with the fiscal year ending June 30, 1996, theThe Comptroller General shall record low-level radioactive waste tax revenues collected from the Barnwell waste facility on the accrual basis; however, no expenditure may be made against these accrued revenues until the related cash is deposited with the State. These revenues must be distributed in the manner prescribed by Section 48-48-140.

(C)   Funds made available for Need-based Grants and Palmetto Fellows Scholarships through the Higher Education Scholarship Grants allocation must be no more than the prior year's earned revenue and must be released for use on July first and January first of each fiscal year. Notwithstanding the provisions of this section, any unspent balance in the Higher Education Scholarship Grants allocation of the


Printed Page 4361 . . . . . Wednesday, May 28, 2008

Children's Education Endowment Fund, including interest and low-level radioactive waste tax revenue from previous years' collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships.

(D)   Funds made available from the public school facilities program allocation must be no more than the funds earned and received for that allocation through the most recently completed quarter."

2.   This subpart takes effect July 1, 2008.
D.   (6.12)   Article 1, Chapter 111, Title 59 of the 1976 Code is amended by adding:

"Section 59-111-25.   If a mid-year budget reduction is imposed by the General Assembly or the State Budget and Control Board, the Commission on Higher Education appropriations for the LIFE Scholarship, Need-based Grants, and the Palmetto Fellows Scholarship are exempt."
E. (6.17) 1.   Section 59-112-70 of the 1976 Code is amended to read:

"(A)   Notwithstanding other provisions of this chapter, the governing boards listed in Section 59-112-10A, are authorized to adopt policies for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.

(B)   State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in an international Sister-State agreement program which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the State Budget and Control Board, will annually notify institutions of the Sister-State agreements eligible for the nonresident fee waiver. The credit hours generated by these students must be included in the Mission Resource Requirement for funding.

(C)   State-supported colleges and universities that have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's board of trustees, and a relationship that includes regular arrangements for the enrollment of qualified students and the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may waive the nonresident


Printed Page 4362 . . . . . Wednesday, May 28, 2008

portion of tuition and fees for nonresident students enrolled in the program."

2.   This subpart takes effect July 1, 2008.
F. (15.5)   Section 59-112-20 of the 1976 Code is amended by adding an item at the end to read:

"E.   Independent persons who reside in and are domiciled in Chatham-Effingham and Bryan County Georgia, and their dependents, may be considered eligible for in-state rates for as long as the Georgia Board of Regents offers its Georgia Tuition Program by which it grants in-state tuition to students residing in the Beaufort and Jasper county area."
G. (18.4) 1.   Chapter 112, Title 59 of the 1976 Code is amended by adding:

"Section 59-112-120.   The South Carolina Technical Colleges may offer in-state rates to residents of bordering North Carolina and Georgia communities if a reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes."

2. This subpart takes effect July 1, 2008.
H. (89.88)     Chapter 112, Title 59 of the 1976 Code is amended by adding:

"Section 59-112-130.   A public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver does not affect the capacity of the fee waivers for four percent of the undergraduate student body. This waiver must not be applied to fees for out-of-state students."
I.   (1A.45)   Section 59-26-20(j) of the 1976 Code, as last amended by Act 307 of 2004, is further amended to read:

"(j)   the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby in which talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas', which shall include special schools, alternative schools, and correctional centers as


Printed Page 4363 . . . . . Wednesday, May 28, 2008

identified by the State Board of Education. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest canceled if he becomes certified and teaches in an area of critical need. Should the area of critical need that in which the loan recipient is teaching in be reclassified during the time of cancellation, the cancellation shall continue as though the critical need area had not changed. Additionally, beginning with the 2000-2001 school year, a teacher with a teacher loan through the South Carolina Student Loan Corporation shall qualify, if the teacher is teaching in an area newly designated as a critical needs area (geographic or subject, or both). Previous loan payments shall will not be reimbursed. The Department of Education and the local school district shall be are responsible for annual distribution of the critical needs list. It shall be is the responsibility of the teacher to request loan cancellation through service in a critical needs area to the Student Loan Corporation by November 1.

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.

Additional loans to assist with college and living expenses shall must be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.

In case of failure to make a scheduled repayment of any an installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the


Printed Page 4364 . . . . . Wednesday, May 28, 2008

entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program, if implemented, pursuant to the South Carolina Education Improvement Act, is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated. Appropriations for loans and administrative costs incurred by the corporation are to be provided in annual amounts, recommended by the Commission on Higher Education, to the State Treasurer for use by the corporation. The Education Oversight Committee shall review the loan program annually and report to the General Assembly;.

Notwithstanding another provision of this item:

(1)   For a student seeking loan forgiveness pursuant to the Teacher Loan Program after July 1, 2004, 'critical geographic area' must be is defined as a school that:

(a)   has an absolute rating of below average or unsatisfactory;

(b)   has an average teacher turnover rate for the past three years that is twenty percent or higher; or

(c)   meets the poverty index criteria at the seventy percent level or higher.

(2)   After July 1, 2004, a student shall have his loan forgiven based on those schools or districts designated as critical geographic areas at the time of employment.

(3)   The definition of critical geographic area must not change for a student who has a loan, or who is in the process of having a loan forgiven before July 1, 2004."

Part 1A
Student, School, and School District Assessment

A. (1A.32)     Article 11, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-1130.   (A)   Notwithstanding another provision of law to the contrary, funds appropriated for professional development must be used for certificated instructional and instructional leadership personnel in grades kindergarten through twelve in the academic areas for which State Board of Education standard documents have been approved to better link instruction and lesson plans to the standards and


Printed Page 4365 . . . . . Wednesday, May 28, 2008

to statewide adopted readiness assessment tests, to develop classroom assessments consistent with the standards and testing measures, and to analyze assessment results for needed modification in instructional strategies. No more than five percent of funds appropriated for professional development may be retained by the State Department of Education for administration of the program; however, a district may choose to purchase professional development services provided by the State Department of Education with the funds allocated to the districts for professional development. Funds also may be expended for certificated instructional and instructional leadership personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the reading component of assessment tests.

(B)   Two hundred fifty thousand dollars of the funds allocated to professional development must be provided to the State Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization, and establishing the relationship between the readiness measure and third grade standards-based assessments. Multi-day work sessions must be provided around the state during the summer, fall, and winter using staff development days and teacher workdays. Two of the remaining professional development days must be set aside for the specific purpose of preparing and opening schools. District instructional leaders, regional service centers, consortia, development personnel, university faculty, contracted providers, and the resources of the Educational Television Network may be used to implement the professional development initiative. Teachers participating in the program shall receive credit toward recertification according to State Board of Education guidelines. Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose. No less than twenty-five percent of the funds allocated for professional development may be expended on the teaching of reading, which includes teaching reading across content areas in grades three through eight."
B. (1A.37)   Article 7, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-720.   Notwithstanding another provision of law to the contrary, the State Department of Education shall provide recommendations regarding the state's accreditation system to the State


Printed Page 4366 . . . . . Wednesday, May 28, 2008

Board of Education. The recommendations must be derived from input received from broad-based stakeholder groups. In developing the criteria for the accreditation system, the State Board of Education shall consider including school improvement councils and other school decision-making groups in the school planning process."
C. (1A.41)   Article 9, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-940.   (A)   Notwithstanding another provision of law to the contrary, the State Department of Education must print a comprehensive annual report card for each individual school and school district and a corresponding executive summary of the school or school district in black ink. The executive summary must be no more than two pages and must include relevant school and district contact information, school and district ratings including longitudinal history, information on similar schools, Adequate Yearly Progress (AYP) information, and NAEP information. Other required report card information must be made available to parents and the community by posting the information on the school and school district's website and in a prominent location in school and district buildings. Upon request, the report card must be made available in print to parents and community members. Cost savings generated from consolidated report cards must be used for school bus operations.

(B)   A school district must report the results of its individual schools' report cards in an audited newspaper of general circulation in its geographic area within forty-five days, unless an audited newspaper has previously published the entire report card as a news item.

(C)   Notwithstanding Section 59-28-930, school and district report cards and the parent survey required by Section 59-28-190 may be sent home with students and do not have to be mailed to parents. The State Department of Education must use the results of the parent survey to report parent perceptions on school report cards."
D. (1A.52)   Article 9, Chapter 18, Title 59 is amended by adding:

"Section 59-18-950.   Notwithstanding another provision of law to the contrary, the Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation rates, exit examination performance, and other criteria identified by technical experts and appropriate groups of educators and workforce advocates."
E.   This part takes effect upon approval by the Governor.


Printed Page 4367 . . . . . Wednesday, May 28, 2008

Part 2
Tuition Grants

A. (7.1)   Chapter 113, Title 59 of the 1976 Code is amended by adding:

"Section 59-113-47.   The grant funds appropriated pursuant to this chapter are exempt from mid-year budget reductions."

Part 3
Medical University of South Carolina

A. (17.1)   Section 59-123-115 of the 1976 code is amended to read:

"Section 59-123-115.   (A)   The South Carolina Area Health Education Consortium shall be awarded funding for the Statewide Family Practice Residency System, the Graduate Doctor Education Program, and the Area Health Education Center Program based on the appropriate formula, as approved by the Area Health Education Consortium and the Commission on Higher Education, and the funding methodology shall be applied in a manner consistent with that of other state institutions of higher learning.

(B)   Statewide Family Practice Residency System funds appropriated for faculty salaries, teaching services, and consultant fees may only be expended when these activities are accomplished for educational purposes in the family practice centers; however, the Medical University of South Carolina may expend these funds in hospital-based clinical settings apart from the consortium hospital, when these settings are determined by the president of the Medical University of South Carolina, with approval of the Medical University board, to provide appropriate educational experience and opportunities to the family practice residents. These funds must not be transferred to any other program."

Part 4
Department of Health and
Human Services

A. (21.13)   Section 40-43-86(H)(6) of the 1976 Code is amended to read:

"(6)   Substitution may not occur unless the pharmacist advises the patient or the patient's agent that the practitioner has authorized substitution and the patient, or patient's agent, consents. A Medicaid recipient whose prescription is reimbursed by the South Carolina Medicaid Program is deemed to have consented to the substitution of a less costly equivalent generic drug product."
B. (21.15)   Chapter 6, Title 44 of the 1976 Code is amended by adding:


Printed Page 4368 . . . . . Wednesday, May 28, 2008

"Section 44-6-725.   Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses."

Part 5
Department of Health and
Environmental Control

A. (9.32, Part IB, Act 117 of 2007) 1.   Section 44-1-215 of the 1976 Code, as added by Act 49 of 2007, is reenacted to read:

"Section 44-1-215.   Notwithstanding Section 13-7-85, the Department of Health and Environmental Control may retain all funds generated in excess of those funds remitted to the general fund in fiscal year 2000-2001 from fees listed in Regulation R61-64 Title B."

2.   This subpart takes effect July 1, 2008.
B.   (22.25)   Section 44-7-570(A) of the 1976 Code is amended to read:

"(A)   The department shall actively monitor and regulate agreements approved under this article and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval. The department shall charge an annual fee to cover the cost of monitoring and regulating these agreements, including certificates of public advantage. During the time the certificate is in effect, a report on the activities pursuant to the cooperative agreement must be filed with the department every two years so that the department shall determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage. The department may revoke a certificate upon a finding that:

(1)   the agreement is not in substantial compliance with the terms of the application or the conditions of approval; or

(2)   the likely benefits resulting from the certified agreement no longer outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement; or

(3)   the department's certification was obtained as a result of intentional material misrepresentation to the department or as the result


Printed Page 4369 . . . . . Wednesday, May 28, 2008

of coercion, threats, or intimidation toward any party to the cooperative agreement."
C. (22.28)   Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-300.   The department shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that its enforcement would prohibit a church or charitable organization from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year."
D. (22.41)   Section 44-56-160(G) of the 1976 Code is amended to read:

"(G)   Any interest accruing from the management of the funds held pursuant to this section must be credited to the general fund of the State Hazardous Waste Contingency Fund and is authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials, except earnings on the permitted site fund which must be credited to that fund, and earnings on the Pinewood Hazardous Waste Contingency Fund must be credited to that fund."
E. (22.45) 1.   Section 44-7-2440 of the 1976 Code is amended by adding a subsection at the end to read:

"(F)   The department, after consultation with the advisory committee, may phase-in the reporting requirements of this section."

2.   This subpart takes effect July 1, 2008.
F. (22.46) 1.   Chapter 56, Title 44 of the 1976 Code is amended by adding:

"Section 44-56-220.   The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. A large quantity generator, as determined by Regulation 61-79.262, producing more than one hundred tons of hazardous waste per year shall be assessed an annual base fee of one thousand dollars per facility and a one dollar and fifty cents per ton fee for all hazardous waste the company generates. A large quantity generator producing one hundred tons or less of hazardous waste shall be assessed an annual fee of one thousand dollars. A small quantity generator shall be assessed an annual fee of five hundred dollars. Fees collected pursuant to this section shall not exceed an annual cost of fifteen thousand dollars per generator. Companies subject to fees required by Section 44-56-170(F)(1) are exempt from fees established


Printed Page 4370 . . . . . Wednesday, May 28, 2008

by this section. The fees collected pursuant to this section shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites."

2.   This subpart takes effect July 1, 2008.

Part 6
Commission for the Blind

A. (27.3) 1.   Section 43-26-90 of the 1976 Code, as amended by Act 205 of 2004, is further amended to read:

"Section 43-26-90.   This chapter does not apply to hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, the South Carolina State Museum, property under the Patriots Point Development Authority jurisdiction, facilities devoted primarily to athletics, or to state, municipal, county, or civic center auditoriums and assembly halls. As many as two coin operated vending machines may be placed in buildings on the public property if the machines are not located in a building where there is a vending facility operated by the commission."

2.   This subpart takes effect July 1, 2008.

Part 7
Department of Agriculture

A. (34.4)1.   Section 46-21-40 of the 1976 Code is amended to read:

"Section 46-21-40.   For the purpose of providing a fund to defray the expenses of the examinations and analyses prescribed in this chapter, other than Article 11 hereof, each person selling or offering or ordering for sale or distribution in, or for export from, this State any seed mentioned in this chapter, other than Article 11 hereof, shall register his name with the Department of Agriculture and shall pay a license tax fee annually on January first of each year of one dollar when only boxed package vegetable or flower seed are handled and, when other seed with or without boxed package vegetable or flower seed is handled, of two and one-half dollars when the gross business is less than two hundred dollars, five dollars when the gross business is over two hundred dollars but less than five hundred dollars, ten dollars when the gross business is over five hundred dollars but less than one thousand dollars and twenty-five dollars when the gross business is one thousand dollars or more. The department shall charge for these licenses a minimum fee of twenty-five dollars and a maximum fee of one hundred fifty dollars. The department shall institute a graduated fee schedule between these minimum and maximum fees, which must be based on the per year dollar volume of the gross business receipts of


Printed Page 4371 . . . . . Wednesday, May 28, 2008

the applicant. The department shall retain any revenue collected pursuant to this section to defray the costs of printing, mailing, and inspections and to pay the costs of leasing the Florence Farmer's Market from Clemson University. The commissioner's receipt for such license tax shall be is a license to conduct the business."

2.   This subpart takes effect July 1, 2008.
B. (34.5) 1.   Chapter 3, Title 46 of the 1976 Code is amended by adding:

"Section 46-3-270.   The Department of Agriculture may waive the remittance of indirect cost recoveries for the Specialty Crop Grant supported by the United States Department of Agriculture through the Commodity Credit Corporation."

2.   This subpart takes effect July 1, 2008.
C. (34.8)   Section 39-9-68 of the 1976 Code is amended by adding an unnumbered paragraph at the end to read:

"The Department of Agriculture shall charge a fee of forty-five dollars an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by subsection (3). Revenues generated by these fees shall be used by the department to offset expenses incurred in operating the Metrology Laboratory."
D. (34.12) 1.   Chapter 40, Title 46 of the 1976 Code is amended by adding:

"Section 46-40-100.   The department may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund to cover the costs associated with administering the program."

2.   This subpart takes effect July 1, 2008.

Part 8
Department of Natural Resources

A. (37.3)   Chapter 9, Title 50 of the 1976 Code is amended by adding:

"Section 50-9-515.   Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the State, shall upon presentation of his official furlough or leave papers, be allowed to fish and hunt without purchasing a fishing or hunting license."

2.   This subpart takes effect July 1, 2008.
B. (37.15) 1.   Items (3), (6), (7), (8), and (10) of Section 50-9-510 of the 1976 Code are amended to read:


Printed Page 4372 . . . . . Wednesday, May 28, 2008

"(3)   For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for twenty-five dollars, of which two dollars may be retained by the issuing agent.

(6)   For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for one hundred twenty-five dollars, of which two dollars may be retained by the issuing agent.

(7)   For the privilege of hunting throughout South Carolina during the regular hunting season for any ten consecutive days, a nonresident shall purchase a ten-day temporary license for fiftyseventy-five dollars, of which two dollars may be retained by the issuing agent.

(8)   For the privilege of hunting throughout South Carolina during the regular hunting season for any three consecutive days, a nonresident may purchase a statewide three-day temporary license for twenty-fiveforty dollars, of which one dollar may be retained by the issuing agent.

(10)   For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunters license for eighty-nineone hundred dollars, of which two dollars may be retained by the issuing agent."

2.   This subpart takes effect July 1, 2008.
C. (89.65) 1.   Section 56-3-4510 of the 1976 Code is amended to read:

"Section 56-3-4510.   The Department of Motor Vehicles shall issue a special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the "Nongame Wildlife and Natural Areas Fund" provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued series of special commemorative motor vehicle license plates for


Printed Page 4373 . . . . . Wednesday, May 28, 2008

use by the owner on his private passenger motor vehicle for the purposes of the 'Non-game Wildlife and Natural Areas Fund' provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'South Carolina Protects Endangered Species.' The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued."

2. This subpart takes effect July 1, 2008.

Part 9
Department of Parks, Recreation
and Tourism

A. (39.4) 1.   Chapter 3, Title 51 of the 1976 Code is amended by adding:

"Section 51-3-65.   Notwithstanding Section 51-3-60, the Department of Parks, Recreation and Tourism must maintain adjustments in the fee structure directed by the 2002 study committee and implemented in September 2003 in order to maintain fiscal soundness and continued maintenance and operations of the State Park System. South Carolina residents who receive discounts pursuant to Section 51-3-60 must not be given discounts of less than thirty-five percent. Members of the South Carolina National Guard must be given the same discounts as residents receiving discounts pursuant to Section 59-3-60."

2.   This subpart takes effect July 1, 2008.

Part 10
Attorney General's Office

A. (45.1)   Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-160.   A department or agency of state government may not hire a classified or temporary attorney as an employee except upon the written approval of the Attorney General and at compensation approved by him. All of these attorneys at all times are under the supervision and control of the Attorney General except as otherwise provided by law unless prior approval by the State Budget and Control Board is obtained. This section does not apply to an attorney hired by the General Assembly or the Judicial department."


Printed Page 4374 . . . . . Wednesday, May 28, 2008

B. (45.2)   Article 1, Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-170.   A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the Judicial department."
C. (45.3)   Chapter 7, Title 1 of the 1976 Code is amended by adding:

"Section 1-7-85.   Notwithstanding any other provision of law, the Attorney General's Office may obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, attorney fees or investigative costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the Attorney General's Office from the budget of an agency or officer that it is representing or from funds generally appropriated for legal expenses, with the approval of the Budget and Control Board."
D. (45.5)   Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-217   The State, or a person or entity acting on behalf of the State, is not required to pay filing fees as provided in this chapter or as otherwise provided by law in proceedings brought pursuant to Chapter 48 of Title 44, the Sexually Violent Predator Act."

Part 11
Prosecution Coordination Commission

A. (46.6)   Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1, Chapter 22 of Title 17 entitled "Pretrial Intervention Program".
B. (46.6)   Chapter 22 of Title 17 of the 1976 Code is amended by adding:

"Article 3
Worthless Check Units

Section 17-22-310.   (A)   A circuit solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing


Printed Page 4375 . . . . . Wednesday, May 28, 2008

worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule is:

(1)   fifty dollars for checks up to five hundred dollars;

(2)   one hundred dollars for checks five hundred one dollars to one thousand dollars; and

(3)   one hundred fifty dollars for checks one thousand one dollars or greater.

(B)   An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees collected by the Worthless Check Unit in accordance with the fee schedule promulgated pursuant to this section must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund. All funds collected and deposited into this fund must be applied first to defray the costs of operating the Worthless Check Unit with the balance to be used by the solicitor to pay the normal operating expenses of his office. Withdrawals from this account may be made only at the request of the solicitor. The funds generated pursuant to this section may not be used to reduce the amount budgeted by the county to the solicitor's office. The solicitor shall maintain an account for the purpose of collecting and disbursing restitution funds collected for the benefit of victims worthless checks. The Worthless Check Unit shall disburse to the victim all restitution collected as a result of the original complaint filed. If the victim cannot be located after a reasonable time and diligent efforts the restitution due the victim must be transferred to the general fund of the county."
C. (46.7) 1.   Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-213.   (A)   In addition to all other assessments and surcharges required to be imposed by law, a one-hundred-dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in general sessions court or in magistrates or municipal court for misdemeanor or felony drug offenses. No portion of the surcharge may be waived, reduced, or suspended.

(B)   The revenue collected pursuant to subsection (A) must be retained by the jurisdiction that heard or processed the case and paid to the state treasurer within thirty days of receipt. The state treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial


Printed Page 4376 . . . . . Wednesday, May 28, 2008

circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only.

(C)   It is the intent of the General Assembly that the amounts generated by this section are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services.

(D)   The state treasurer may request the state auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the state treasurer pursuant to subsection (B). The state auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."

2.   This subpart takes effect July 1, 2008.

Part 12
Department of Public Safety

A. (49.2, 49.3, and 49.17) 1.   Section 23-6-50 of the 1976 Code is amended to read:

"Section 23-6-50.   The director shall annually cause the department to be audited. The audit must be conducted by a certified public accountant or firm of certified public accountants to be selected by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The department may undergo an Agreed Upon Procedures audit in lieu of audited financial statements. The audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the fiscal year. The costs and expenses of the audit must be paid by the department out of its funds.

Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and


Printed Page 4377 . . . . . Wednesday, May 28, 2008

carried forward to the current fiscal year and used for matching committed or unanticipated grant funds, or both. The Department of Motor Vehicles is authorized to carry forward and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58 for fiscal years 1996-1997, 1997-1998, 1998-1999 into fiscal year 1999-2000.

Notwithstanding any other provision of law, revenue received from the sale of publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, coin operated telephones, and revenue from building management services, and the Department of Public Safety training series shall be retained by the department and expended in budgeted operations for professional training, fees and dues, clothing allowance, and other related services or programs as the director of the Department of Public Safety may deem necessary. In order to complete projects begun in a prior fiscal year, the department is authorized to expend federal and earmarked funds in the following fiscal year for expenditures incurred in the prior fiscal year."

2.   This subpart takes effect July 1, 2008.
B. (49.5, 49.6, 49.7, 49.8, and 49.10)   Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-185.   Notwithstanding any other provisions of law, enforcement by the State Transport Police Division, of Articles 3 and 5 of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected pursuant to this section may be retained and carried forward by the department for the same purposes.

Section 23-6-187.   The department may charge a witness fee of one hundred thirty dollars per hour, up to one thousand dollars per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest. The fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive, expend, retain, and carry forward these funds.


Printed Page 4378 . . . . . Wednesday, May 28, 2008

Section 23-6-191.   The department may pay the cost of physical examinations for department personnel who are required to receive physical examinations prior to or after receiving a law enforcement commission.

Section 23-6-193.   The department may collect, expend, retain, and carry forward all funds received from other state or federal agencies as reimbursement for expenditures incurred when personnel and equipment are mobilized and expenses incurred due to an emergency.

Section 23-6-195.   The department may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency."
C. (49.14)   Section 12-6-1140(6) of the 1976 Code is amended to read:

"(6)   a subsistence allowance of five eight dollars a day for federal, state, and local law enforcement officers paid by a political subdivision of this State, the government of this State, or the federal government, for each regular work day in a taxable year and full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance five eight dollars a day for each regular work day in a taxable year;"
D. 1.   Section 56-19-420(B)(1) of the 1976 Code is amended to read:

"(1)   the first one million dollars must be allocated to the Department of Education and used to support adult education programs credited to the general fund of the State to offset a portion of state individual income tax revenue not collected pursuant to the subsistence allowance allowed pursuant to Section 12-6-1140(6); and"

2.   This subpart takes effect July 1, 2008.
E. (49.16)   Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-190.   All monies collected in the Department of Public Safety Building Fund, as established in Section 56-3-840 that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol."
F.   Section 56-3-840 of the 1976 Code is amended to read:

"Section 56-3-840.   The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to


Printed Page 4379 . . . . . Wednesday, May 28, 2008

register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the Department of Motor Vehicles a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.

A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.

All monies collected pursuant to this section, not to exceed the actual revenues collected in fiscal year 1999-2000, must be annually deposited to a separate account and held in reserve for the Department of Public Safety. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the office of the State Treasurer designated as the 'Department of Public Safety Building Fund'. The Department of Public Safety must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters facility, including the renovation of existing facilities. All monies credited to the fund that exceed the funds necessary for the purposes authorized in this section must be used for other capital projects throughout the state. The Department of Public Safety is authorized to initiate and direct a capital project to purchase or construct a new headquarters facility. Projects funded under this section other than for the construction or purchase of a new headquarters facility, including but not limited to, the expansion or renovation of an existing facility, must be approved by a joint resolution provided that if the Department of Public Safety employs a lease purchase agreement to build or purchase a new headquarters facility, the lease purchase agreement must be approved by the Budget and Control Board. The cost of a headquarters facility must not exceed thirty million dollars unless a parking facility or garage is required."


Printed Page 4380 . . . . . Wednesday, May 28, 2008

Part 13
Department of Motor Vehicles

A. (66.6) 1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-550.   The Department of Motor Vehicles may collect a fee not to exceed twenty dollars per document to expedite a request for copies of documents and records it maintains. This fee is in addition to the normal fees associated with the request. Expedited requests must be available within seventy-two hours of receipt of the request and standard requests within thirty days. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act. The funds collected pursuant to this section must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray expenses."

2.   This subpart takes effect July 1, 2008.
B. (66.7 and 66.14)   Section 56-3-1290 of the 1976 Code is amended to read:

"Section 56-3-1290.   The Department of Motor Vehicles, upon application and the payment of a fee of three ten dollars, shall transfer the license plate previously assigned to an owner or lessee for one vehicle to another vehicle of the same general type owned or leased by the same person without a paid tax receipt for the vehicle. However, subsequent transfers of a license plate to the same vehicle may not be processed without a paid tax receipt based upon the value of the vehicle to which the plate is being transferred. Three dollars of the fees paid pursuant to this section must be deposited in the state general fund, and the remaining seven dollars must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray its expenses."
C. (66.8)   Section 56-3-620 of the 1976 Code is amended by adding at the end:

"(F)   Annual license plate validation stickers which are issued for nonpermanent license plates on certified South Carolina public law enforcement vehicles must be issued without charge."
D. (66.11)   Section 56-1-2080(A)(1) of the 1976 Code is amended to read:

"(1)   A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49


Printed Page 4381 . . . . . Wednesday, May 28, 2008

CFR Part 383, subparts F, G, and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. The first commercial driver's license skills test administered by the department to an individual is free of charge, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each subsequent commercial driver's license skills test administered to that individual. State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement. This fee must be placed into a special restricted account by the Comptroller General to be used by the Department of Motor Vehicles to defray its expenses."
E. (66.16)   Section 56-1-200 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:

"Section 56-1-200.   If a driver's license is lost or destroyed, the person to whom the license was issued, upon payment of a fee of threeten dollars, may obtain a duplicate or substitution of it upon furnishing proof satisfactory to the Department of Motor Vehicles that the license has been lost or destroyed.

The feesThree dollars of the revenue from each fee collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of
Collected After   of the State   Transportation

State Non-Federal Aid

Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100 percent.

The balance of the revenue from each fee must be deposited into a special earmarked account by the State Treasurer for the use of the Department of Motor Vehicles."
F.   (66.17)   Section 56-3-2010(B) of the 1976 Code is amended to read:

"(B)   Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two


Printed Page 4382 . . . . . Wednesday, May 28, 2008

months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires on January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."

Part 14
Department of Corrections

A. (51.2 and 51.9)   Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-252.   Notwithstanding another provision of law, the Department of Corrections shall retain proceeds from the sale of surplus products produced by its farm program. These funds may be used to:

(1)   offset the operating costs of the farm program;

(2)   expand and modernize the farm program; and

(3)   support a project or service to benefit the general welfare of the prison population."
B. (51.13)   Section 24-3-920 of the 1976 Code is amended to read:

"Section 24-3-920.   The director of the Department of Corrections shall offer a reward of one hundred dollars may award up to two thousand dollars for information leading to the capture of each escaped convict. Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a prisoner and confiscated as contraband by the Department of Corrections."
C. (51.14 and 51.17)   Section 24-1-250 of the 1976 Code is amended to read:

"Section 24-1-250.   (A)   The State Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales. Funds derived from


Printed Page 4383 . . . . . Wednesday, May 28, 2008

timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Budget and Control Board or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.

(B)   The Department of Corrections is hereby authorized to sell horticultural products suitable for commercial purposes that are grown or produced through the department's horticulture program. Notwithstanding any other provision of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates."
D. (51.18)     Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Section 24-3-45.   (A)   Notwithstanding any other provision of law, of money generated by inmates engaged in work at paid employment in the community, the director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:

(1)   ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984', Public Law 98-473, Title II, Chapter XIV, Section 1404; and

(2)   ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.

At the close of the fiscal year, any excess funds not expended by the department to support victim services reverts to the victim assistance programs account as described in item (1) of this section and as mandated pursuant to Section 24-3-40(A)(2). By September first each year, the department shall provide an accounting to the Senate Finance Committee and Ways and Means Committee describing the expenditure of the retained funds and the services that were provided.

(B)   The deductions provided pursuant to subsection (A) of this section apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before deductions are made pursuant to subsection (A) of this section."
E. (51.21)     Section 24-1-110 of the 1976 Code is amended to read:


Printed Page 4384 . . . . . Wednesday, May 28, 2008

"Section 24-1-110.   (A)   The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system.

(B)   In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. These services may include, but are not limited to, haircuts, cleaning of agency uniforms, and other services that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the department. The price for the services, if any, shall be determined by the director of the Department of Corrections. Any funds generated by these activities may be retained by the department and applied to costs associated with the operation of correctional officer retention incentives."

Part 15
Department of Probation, Parole and Pardon Services

A. (52.3)   Section 24-21-480(4) of the 1976 Code is amended to read:

"(4)   payment of six dollars and fifty cents per daya daily fee for housing and food. This fee may be set by the department with the approval of the State Budget and Control Board. The fee must be based on the offender's ability to pay not to exceed the actual costs. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;"
B. (52.5 and 52.8)   Article 1, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-87.   (A)   The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition. The fee must be used to offset the cost of extradition. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose.

(B)   The department may charge a fee to offenders required to have maintenance polygraphs. This fee may not exceed the actual cost of the maintenance polygraph. All unexpended revenues of this fee at year end must be retained and carried forward by the department and expended for the same purpose."


Printed Page 4385 . . . . . Wednesday, May 28, 2008

C. (52.6)   Section 24-21-960(A) of the 1976 Code is amended to read:

"(A)   Each pardon application must be accompanied with a pardon application fee of fifty one hundred dollars. The pardon application fee must be retained and applied by the department towards the pardon process."

Part 16
Department of Consumer Affairs

A. (64.4)   Section 37-16-30 of the 1976 Code is amended to read:

"Section 37-16-30.   Before any sales or solicitation activity commences, a person seeking to be involved in direct selling or direct in-person or electronic solicitation of the general public or segments of the general public, on behalf of a prepaid legal services company, must be appointed a representative of that prepaid legal services company by filing with the department, on a form prescribed by the department, the appointee's name, address, and telephone number. The appointment must be renewed each year no later than October first. The department may collect a fee of twenty forty dollars with each initial or renewal filing and may use the proceeds to offset the costs of administering and enforcing this chapter. Appointment may be refused or revoked upon a finding that a prospective representative or representative has been convicted of a crime of deceit or dishonesty within the previous ten years."
B. (64.5)   Section 37-2-305(8) of the 1976 Code is amended to read:

"(8)   Every creditor shall file at least one maximum rate schedule and pay at least one twenty forty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 3 of this title. This revenue may be applied to the cost of operations and any


Printed Page 4386 . . . . . Wednesday, May 28, 2008

unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes."
C. (64.5)   Section 37-3-305(8) of the 1976 Code is amended to read:

"(8)   Every creditor shall file at least one maximum rate schedule and pay at least one twenty forty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administering and enforcing this chapter and Chapter 2 of this title. This revenue may be applied to the cost of operations and any unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes."
D. (64.5)   Section 37-6-203 of the 1976 Code is amended to read:

"Section 37-6-203.   A person required to file notification shall pay on or before January thirty-first of each year to the administrator an annual fee of ninety one hundred twenty dollars for that year, for each address in this State listed in the notification; provided, that the. The fee for any one person must be not less than ninety one hundred twenty dollars; provided, further, that a. A person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer rental-purchase agreements is only required to pay one ninetyone hundred twenty dollar fee for each location. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administration and enforcement of this chapter."


Printed Page 4387 . . . . . Wednesday, May 28, 2008

Part 17
Department of Labor,
Licensing and Regulation

A. (65.6) 1.   Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-285.   Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter."

2.   This subpart takes effect July 1, 2008.
B. (65.8)   Chapter 10, Title 23 of the 1976 Code is amended by adding:

"Section 23-10-20.   The South Carolina Department of Labor, Licensing and Regulation is authorized to purchase and issue clothing to the staff of the State Fire Academy."

Part 18
Administrative Law Court

A. (71.3)   Article 5, Chapter 23, Title 1 of the 1976 Code is amended by adding:

"Section 1-23-670.   Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, unless another filing fee schedule is established by rules promulgated by the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the Administrative Law Court in order to help defray the costs of the proceedings. No filing fee is required in administrative appeals by inmates from final decisions of the Department of Corrections or the Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require."
B. (71.4)   Article 5, Chapter 23, Title 1 of the 1976 Code is amended by adding:


Printed Page 4388 . . . . . Wednesday, May 28, 2008

"Section 1-23-680.   The South Carolina Administrative Law Court is not required to reimburse the South Carolina Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes distributed to the court."

Part 19
State Law Enforcement Division

A. (48.3)   Section 23-3-115 of the 1976 Code is amended to read:

"Section 23-3-115.   (A)   Notwithstanding any other provision of law, the The State Law Enforcement Division shall charge a fee not to exceed eight dollars and collect a fee of twenty-five dollars for a each criminal record search conducted pursuant to this article and related regulations contained in Subarticle 1, Article 3, Chapter 73 of the Code of Regulations., if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this section, the phrase "charitable organization" shall mean: All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the general fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by the State Law Enforcement Division is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.

(B)   The fee allowed in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization. The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor. For purposes of this subsection, the phrase 'charitable organization' means:

(1)   an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;


Printed Page 4389 . . . . . Wednesday, May 28, 2008

(2)   a bona fide church, including an institution such as a synagogue or mosque; or

(3)   an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33; or

(4)   local recreation commission volunteers."
B. (48.4)   Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-55   Notwithstanding any other provision of law, all revenue generated by the State Law Enforcement Division from the sale of vehicles, various equipment, and gasoline, and insurance claims during the prior fiscal year may be retained, carried forward, and expended for the purpose of purchasing like items."
C. (48.10)   Section 23-31-216 of the 1976 Code is amended to read:

"Section 23-31-216.   The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided for in pursuant to this article."

Part 20
Budget and Control Board

A. (80A.11)   Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-495.   (A)   The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments, and institutions. If the board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall utilize those funds as may be available and required to be used to avoid a year-end deficit and after that take action as necessary to restrict the rate of expenditure of all agencies, departments, and institutions consistent with the provisions of this section. No agencies, departments, institutions, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this section may be discontinued, deleted, or deferred by the board. A reduction of rate of expenditure by the board, under authority of this section, must be applied as uniformly as may be practicable, except that no reduction must be applied to funds encumbered by a written contract with the agency, department, or institution not connected with state government. This reduction must not be ordered by the board while the General Assembly is in session without first reporting such necessity to the General Assembly and the General


Printed Page 4390 . . . . . Wednesday, May 28, 2008

Assembly takes no action to prevent the reduction within five statewide session days of formal written notification.

(B)   As far as practicable, all agencies, departments, and institutions of the State are directed to budget and allocate appropriations as a quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating deficit for the fiscal year. It is recognized that academic year calendars of state institutions affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make reports to the board as they consider advisable on an agency, department, or institution that is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency, department, or institution. The board is directed to require the agency, department, or institution to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, department, or institution if the board determines that a deficit may occur. It is the responsibility of the agency, department, or institution to develop a plan, in consultation with the board, which eliminates or reduces a deficit. If the board makes a finding that the cause of or likelihood of a deficit is unavoidable due to factors which are outside the control of the agency, department, or institution, then the board may determine that the recognition of the agency, department, or institution is appropriate and shall notify the General Assembly of this action or the presiding officer of the House and Senate if the General Assembly is not in session.

(C)   Upon receipt of the notification from the board, the General Assembly may authorize supplemental appropriations from any surplus revenues that existed at the close of the previous fiscal year. If the General Assembly fails to take action, then the finding of the board shall stand, and the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution of this State. If the board finds that the cause of or likelihood of a deficit is the result of the agency, department, or institution management, then the state officials responsible for management of the agency, department, or institution involved must be held liable for it and the board shall notify the Agency Head Salary Commission of this finding. In the case of a finding that a projected deficit is the result of the management of the agency, department, or institution, the board shall take steps


Printed Page 4391 . . . . . Wednesday, May 28, 2008

immediately to curtail agency, department, or institution expenditures so as to bring expenditures in line with authorized appropriations and avoid a year-end operating deficit."
B. (80A.14) 1.   Section 8-11-165 of the 1976 Code is amended to read:

"Section 8-11-165.   It is the intent of the General Assembly that a salary and fringe benefit survey for agency heads must be conducted by the Office of Human Resources of the Budget and Control Board every three years. The staff of the office shall serve as the support staff to the Agency Head Salary Commission.

No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board, and except for employees of higher education technical colleges, colleges, and universities.

No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.

The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the Board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.

All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."

2.   This subpart takes effect July 1, 2008.
C. (80A.28)   Section 8-7-90 of the 1976 Code is amended to read:

"Section 8-7-90.   All officers and employees of this State or a political subdivision of this State who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve,


Printed Page 4392 . . . . . Wednesday, May 28, 2008

or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen regularly scheduled work days in any one year during which they may engage in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and state holidays may not be included in the fifteen-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. In the event any such person is called upon to serve during an emergency he is entitled to such leave of absence for not exceeding thirty additional days.

A state employee in a full time position who serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to thirty additional days of military leave in any one year.

As used in this section, 'in any one year' means either a calendar year or, in the case of members required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or reserve component issuing the orders. The provisions of this section must be construed liberally to encourage and allow full participation in all aspects of the National Guard and reserve programs of the armed forces of the United States and to allow state officers and employees who are enlisted or commissioned members of the National Guard or reserve components to excel in military and emergency preparedness and service by taking full advantage of all career-enhancing assignments and training opportunities."
D. (89.16) 1.   Chapter 1, Title 8 of the 1976 Code is amended by adding:

"Section 8-1-155.   Notwithstanding another provision of law, if a vacancy occurs in a state agency, other than an institution of higher learning, or if an agency acts to fill a new position, the agency shall give preference to a resident of this State, if the applicants are equally qualified for the vacancy or new position."

2.   This subpart takes effect July 1, 2008.
E. (89.51)   Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:


Printed Page 4393 . . . . . Wednesday, May 28, 2008

"Section 1-11-497.   If the State Budget and Control Board or the General Assembly mandates an across-the-board reduction, state agencies are encouraged to reduce general operating expenses including, but not limited to, travel, training, procurement, hiring of temporary and contractual employees before reductions are made to programs, special line items, or local provider services critical to an agency's mission."
F. (89.61)   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 25
Video Conferencing

Section 1-1-1610.   An administrative state agency performing administrative hearings within this State may make use of existing video conferencing capabilities. There must be evidence that a cost savings will be recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at one particular location. A report of video conferencing activities and any related cost savings must be submitted annually, before January fifteenth, to the House Ways and Means Committee and the Senate Finance Committee."
G. (89.62)   Section 8-21-320 of the 1976 Code is amended by adding an unnumbered paragraph at the end to read:

"The revenue collected pursuant to this section shall be distributed by the State Treasurer in the following manner:

(1)   The first four hundred fifty thousand dollars of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.

(2)   Any remaining funds must be transferred to the Judicial Department for operating purposes."
H. (89.96)   Chapter 17, Title 8 of the 1976 Code is amended by adding:

"Section 8-17-370.   Notwithstanding any other provision of law, employees of an Executive Department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) with a governing board who are unclassified, whose employment or compensation are decided by the governing board subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not be reassigned, terminated, or have their compensation reduced, except by majority vote of the


Printed Page 4394 . . . . . Wednesday, May 28, 2008

governing board and approval by the Senate upon advice and consent prior to the action being taken or an interim appointment being made."
I. (89.77)   Article 5, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-725.   The State Budget and Control Board's experience rating of all local disabilities and special needs providers pursuant to Section 1-11-720(A)(3) must be rated as a single group when rating all optional groups participating in the state employee health insurance program."

Part 21
Department of Revenue

A. (81.3, 4, 7, and 8)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-388.   (A)   The Department of Revenue may charge participants a fee to cover the cost of education and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.

(B)   The Department of Revenue may charge participants in taxpayer education and information programs required pursuant to Section 12-58-40 a fee to recover the related direct costs. The revenue of this fee may be applied to these costs, and any unexpended balance may be carried forward to succeeding fiscal years and used for the same purposes.

(C)   The Department of Revenue may impose a sixty-dollar fee for the issuance of each certificate of compliance and a thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure credits against the license tax. The revenue of these fees must be retained and expended for use in budgeted operations of the department.

(D)   The Department of Revenue may impose a forty-five dollar fee for entering into installment agreements for the payment of tax liabilities to defray administrative expenses. The revenue of this fee must be retained and expended for use in budgeted operations of the department.
B. (81.5)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-377.   The Department of Revenue shall maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. The revenue from the sale must be


Printed Page 4395 . . . . . Wednesday, May 28, 2008

deposited to the credit of the general fund of the State after deducting the costs of confiscation and sale."
C. (81.6)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-379.   The Department of Revenue may incur and pay the expense of the fee required pursuant to Internal Revenue Code Section 6402(e)(6), as required for the Federal Refund Offset Program. This fee must be paid upon certification of the department by drawing upon funds from the same tax type setoff."
D. (81.9)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-393.   The Department of Revenue may contract with private entities to establish data mining and data warehousing capabilities within the department to enhance compliance and collections. These contractual arrangements may include payment from the increased revenue generated by the resulting enhanced capabilities. The department is allowed reimbursement of costs associated with administration of this section from the data warehouse generated collections and this amount may be retained and expended for budgeted operations of the department."
E. (81.10) 1.   Section 61-6-2010 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new subsection at the end to read:

"(F)   Temporary permits issued by the Department of Revenue pursuant to this section may be issued in all parts of a municipality if any part of the municipality is located in a county where the issuance of these permits is allowed."

2.   This subpart takes effect July 1, 2008.
F. (81.11)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-375.   The Department of Revenue may retain and expend in budgeted operations the first one hundred fifty thousand dollars in each fiscal year from its bankruptcy operations to defray its administrative costs, including staff. The remaining revenue collected by the department from this source must be remitted to the general fund of the State."
G. (81.12)   Article 29, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3930.   No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the


Printed Page 4396 . . . . . Wednesday, May 28, 2008

war on terrorism with regard to underpayment of state estimated individual income tax payments of the active duty income if the federal government is unable to withhold state income taxes due on such pay."
H. (81.13)   Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-387.   The Department of Revenue shall use available personnel to conduct audits involving all taxes to promote voluntary compliance and to collect revenues for the general fund of the State and designated accounts."

Part 22
State Ethics Commission

A. (82.1)   Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-120.   The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing ethics education and training programs, to include costs associated with travel, including, but not limited to, mileage, lodging, and meals, as well as, costs associated with handouts and other training materials."
B. (82.2)   Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-130.   The State Ethics Commission may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the 'Ethics, Government Accountability and Campaign Reform Act of 1991'. The fee must be used to reimburse the commission for costs associated with the investigation and hearing of a violation. The costs associated include:

(1)   the investigator's time;

(2)   mileage, meals, and lodging;

(3)   the prosecutor's time;

(4)   the hearing panel's travel, per diem, and meals;

(5)   administrative time;

(6)   subpoena costs to include witness fees and mileage; and

(7)   miscellaneous costs such as postage and supplies.

This fee is in addition to any fines as otherwise provided by law."
C. (82.3)   Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-140.   The State Ethics Commission is authorized to retain any funds derived from additional assessments associated with late filing fees to offset the costs of administering and enforcing the 'Ethics, Government Accountability, and Campaign Reform Act of


Printed Page 4397 . . . . . Wednesday, May 28, 2008

1991'. The commission is authorized to carry forward unexpended funds into the current fiscal year for the same purpose."
D. (82.4)   Article 1, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-150.   The State Ethics Commission is authorized to carry forward unexpended lobbyists and lobbyist's principals registration fees into the current fiscal year and to use these funds for the same purpose."

Part 23
Judicial

A. (89.73)   Article 3, Chapter 3, Title 22 of the 1976 Code is amended by adding:

"Section 22-3-330.   An assessment equal to twenty-five dollars is imposed on all summons and complaint filings in magistrates court and an assessment equal to ten dollars is imposed on all other civil filings in magistrates court, except for restraining orders. The fees must be collected by the magistrates court and forwarded monthly to the county treasurer and remitted in turn by the county treasurer to the State Treasurer for allocation to the judicial department."
B. (90.3)   Section 14-1-204 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 14-1-204.   (A)   The one-hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the one-hundred-dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1)   31.52 percent to the state general fund;

(2)   7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3)   4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and

(4)   26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of


Printed Page 4398 . . . . . Wednesday, May 28, 2008

each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5)   30.00 percent to the South Carolina Judicial Department.

(B)(1)   There is added to the fee imposed pursuant to Section 8-21-310(11)(a) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:

(a)   Judicial Department - 67.96 percent;

(b)   Commission on Indigent Defense, Defense of Indigents per capita - 14.56 percent;

(c)   Department of Probation, Parole and Pardon Services - 11.30 percent;

(d)   Prosecution Coordination Commission - 4.37 percent; and

(e)   Commission on Indigent Defense, Division of Appellate Defense - 1.81 percent.

(2)   Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified."
C. (89.72)   Title 14 of the 1976 Code is amended by adding:

"Section 14-1-210.   (A)   Based upon a random selection process, the State Auditor shall periodically examine the books, accounts, receipts, disbursements, vouchers, and any records considered necessary of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether or not the assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court are properly collected and remitted to the State. In addition, these audits shall determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with the law. These audits must be performed in accordance with standard auditing practices to include the right to respond to findings before the publishing of the audit report. The State Auditor shall submit a copy of the completed audit report to the chairmen of the House Ways and Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary Committee, and the Governor. If the State Auditor finds that a jurisdiction has over remitted the State's portion of the funds collected by the jurisdiction or over reported or


Printed Page 4399 . . . . . Wednesday, May 28, 2008

over retained crime victim funds, the State Auditor shall notify the State Treasurer to make the appropriate adjustment to that jurisdiction. If the State Auditor finds that a jurisdiction has under remitted, incorrectly reported, incorrectly retained, or incorrectly allocated the State or victim services portion of the funds collected by the jurisdiction, the State Auditor shall determine where the error was made. If the error is determined to have been made by the county or municipal treasurer's office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality within ninety days of the audit notification, the State Treasurer shall adjust the jurisdiction's State Aid to Subdivisions Act funding in an amount equal to the amount determined by the State Auditor to be the State's portion; or equal to the amount incorrectly reported, retained, or allocated pursuant to Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211.

If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the State's portion or the crime victim fund portion within ninety days of the audit notification.

(B)   The State Auditor shall conduct these examinations and the local authority is required to participate in and cooperate fully with the examination. The State Auditor may subcontract with independent auditors on audits required pursuant to subsection (A) of this section. The State Auditor shall create an audit team to perform these audits. The State Treasurer shall transfer, in each fiscal year, the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600 received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court pursuant to Section 14-1-208 for a total of $250,000 to the State Auditor's Office to fund these audits as required pursuant to subsection (A) of this section. Notwithstanding any other provision of law, a state agency or local governmental entity receiving assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court may use any of its funds to assist the State Auditor's Office in funding these audits.


Printed Page 4400 . . . . . Wednesday, May 28, 2008

(C)   Each municipality shall submit a copy of its annual audit report as provided pursuant to Section 5-7-240 without charge to both the State Treasurer's Office and the State Auditor's Office within thirty days of the report being made public. If a municipality fails to provide the copy of the annual audit within the time provided, the State Treasurer's Office may withhold the municipality's State Aid to Subdivisions Act distribution until the annual audit report is properly filed.

(D)   The State Treasurer's Office and South Carolina Court Administration shall make available annually training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and court employees.

(E)   The State Treasurer shall transfer, in each fiscal year, $2,000 received from the General Sessions Court pursuant to Section 14-1-206, $5,000 received from magistrates court pursuant to Section 14-1-207, and $3,000 received from municipal courts pursuant to Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court for the counties, municipalities, and court employees. The State Treasurer's Office and South Carolina Court Administration are responsible for the annual training prescribed by this section."
D. (47.11, 49.20, and 76.5)   Subsections (A), (B), and (C) of Section 14-1-206 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A)   Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in general sessions court must pay an amount equal to one hundred 107.5 percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B)   The county treasurer must remit thirty-eight 35.35 percent of the revenue generated by the assessment imposed in subsection (A) to


Printed Page 4401 . . . . . Wednesday, May 28, 2008

the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C)   The After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of assessments received as follows:

(1)   47.17 42.08 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2)   16.52 14.74 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3)   .5 .45 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for to defray the costs of maintaining and operating the Hall of Fame use in its law enforcement training programs;

(4)   16.21 14.46 percent to the Office of Indigent Defense for the defense of indigents;

(5)   13.26 11.83 percent for the State Office of Victim Assistance;

(6)   5.34 15.39 percent to the general fund;

(7)   1.0 .89 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the


Printed Page 4402 . . . . . Wednesday, May 28, 2008

requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and

(8)   .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
E. (47.11, 49.20, and 76.5)   Subsections (A), (B), and (C) of Section 14-1-207 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A)   Beginning January 1, 1995, and continuously after that date, a A person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in magistrate's court must pay an amount equal to 100107.5 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B)   The county treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C)   The After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:

(1)   35.12 32.36 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2)   22.49 20.72 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3)   .65 .60 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law


Printed Page 4403 . . . . . Wednesday, May 28, 2008

Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for to defray the costs of maintaining and operating the Hall of Fame use in its law enforcement training programs;

(4)   20.42 18.82 percent for the State Office of Victim Assistance;

(5)   8.94 15.93 percent to the general fund;

(6)   11.38 10.49 percent to the Office of Indigent Defense for the defense of indigents;

(7)   1.0 .92 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year; and

(8)   .16 percent to the State Treasurer's Office to defray the administrative expenses associated with collecting and distributing the revenue of these assessments."
F. (47.11, 49.20, and 76.5)   Subsections (A), (B), and (C) of Section 14-1-208 of the 1976 Code, as last amended by Act 107 of 2001, are further amended to read:

"(A)   Beginning October 1, 2000, and continuously after that date, a A person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense occurring after June 30, 2008, tried in


Printed Page 4404 . . . . . Wednesday, May 28, 2008

municipal court must pay an amount equal to 100107.5 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.

(B)   The city treasurer must remit 1211.16 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C)   The After deducting amounts provided pursuant to Section 14-1-210, the State Treasurer shall deposit the balance of the assessments received as follows:

(1)   15.24 14.04 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2)   15.07 13.89 percent to the Department of Public Safety program of Law Enforcement Training Council for training in the fields of law enforcement and criminal justice;

(3)   .39 .36 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain, carry-forward, and expend the surplus for the purpose of defraying the costs of maintaining and operating the Hall of Fame use in its law enforcement training programs;

(4)   11.26 10.38 percent for the State Office of Victim Assistance;

(5)   4.11 11.53 percent to the general fund;

(6)   11.46 10.56 percent to the Office of Indigent Defense for the defense of indigents;

(7)   .97 .89 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(8)   .59 .54 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation.


Printed Page 4405 . . . . . Wednesday, May 28, 2008

For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;

(9)(a)   11.36 9.16 percent to the Department of Public Safety for the programs established pursuant to Section 56-5-2953(E); and

(b)   1.31 percent to SLED for the programs established pursuant to Section 56-5-2953(E);

(10)   14.77 13.61 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply;

(11)   14.77 13.61 percent to the Department of Juvenile Justice. The Department of Juvenile Justice must apply the funds generated by this item to offset the nonstate share of allowable costs of operating juvenile detention centers so that per diem costs charged to local governments utilizing the juvenile detention centers do not exceed twenty-five dollars a day. Notwithstanding this provision of law, the director of the department may waive, reduce, defer, or reimburse the charges paid by local governments for juvenile detention placements. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with regional evaluation centers; and

(12)   .12 percent to the State Treasurer's Office to defray the administrative expenses associated with the collecting and distributing the revenue of these assessments."
G. (47.11, 49.20, and 76.5)   Chapter 1, Title 14 of the 1976 Code is amended by adding:


Printed Page 4406 . . . . . Wednesday, May 28, 2008

"Section 14-1-218.   From the deposits made pursuant to Section 14-1-206(C)(6), Section 14-1-207(C)(5), and Section 14-1-208(C)(5), three million two hundred thousand dollars shall be allocated to the following agencies for support of the programs specified:

(1)   five hundred thousand dollars to the Department of Juvenile Justice for the Juvenile Arbitration Program;

(2)   four hundred fifty thousand dollars to the Department of Juvenile Justice for the Marine Institutes;

(3)   five hundred thousand dollars to the Department of Juvenile Justice for the regional status offender programs; and

(4)   one million seven hundred fifty thousand dollars to the Office of Indigent Defense."
H. (47.9)   Chapter 3, Title 17 of the 1976 Code is amended by adding:

"Section 17-3-55.   Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget."
I. (47.12)   Chapter 3, Title 17 of the 1976 Code is amended by adding:

"Section 17-3-45.   (A)   A person to whom counsel has been provided in any court in this State shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense.

(B)   A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel. The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee. If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application


Printed Page 4407 . . . . . Wednesday, May 28, 2008

Fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.

(C)   In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or legal guardians of the juvenile, must be advised in writing of this requirement at the earliest stage of the proceedings against the juvenile.

(D)   Nothing contained in this section restricts or hinders a court from appointing counsel in any emergency proceedings or where there is not sufficient time for an individual to complete the application process.

(E)   The appointment of counsel creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays either to the appointed counsel or defender corporation of the county or counties where he is represented or to the Office of Indigent Defense. The claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.

(F)   The court may, in its discretion, order any claim or judgment waived, modified or withdrawn."

Part 24
Department of Social Services

A. (26.4)   Chapter 1, Title 43 of the 1976 Code is amended by adding:


Printed Page 4408 . . . . . Wednesday, May 28, 2008

"Section 43-1-710.   The names of persons benefiting from assistance payments under the Department of Social Services programs must be available to other state agencies if not in conflict with federal regulations."
B. (26.5)   Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-715.   No county shall supplement the salary of any Department of Social Services employee."
C. (26.8)   Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-720.   The Department of Social Services shall establish and collect accounts receivable in accordance with appropriate and applicable federal regulations."
D. (26.14) 1.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1641.   Notwithstanding the provisions of Section 20-7-1640, the department is authorized to pay from funds appropriated for foster care the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected, and licensed by the department."

2.   This subpart takes effect July 1, 2008.

Part 25
Lieutenant Governor's Office

(73.1)A.   Section 8-11-260 of the 1976 Code is amended by adding an item at the end to read:

"(k)   staff of the Lieutenant Governor's Office who report directly to the Lieutenant Governor."
B.   Section 8-17-370 of the 1976 Code is amended by adding a new item at the end to read:

"(19)   employees of the Lieutenant Governor's Office if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor."
C. (73.2)   Chapter 21, Title 43 of the 1976 Code is amended to read:

"CHAPTER 21
Division and Advisory Council on Aging

Section 43-21-10.   There is created in the Office of the Lieutenant Governor, the Division on Aging. The division must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the


Printed Page 4409 . . . . . Wednesday, May 28, 2008

director from which the Lieutenant Governor shall appoint the members of the council, upon the advice and consent of the Senate. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities.

Section 43-21-20.   The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.
The Lieutenant Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council.

Section 43-21-30. Reserved.

Section 43-21-40.   The division shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of federal or state law. The division may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter.
The division shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program.

It shall also be the duty of the division to encourage and assist in the development of programs for the aging in the counties and


Printed Page 4410 . . . . . Wednesday, May 28, 2008

municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging.
Without limiting the foregoing, the division is specifically authorized to:

(a)   Initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging.

(b)   Promote community education in the problems of older people through institutes, publications, radio, television, and the press.

(c)   Cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging.

(d)   Encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging.

(e)   Serve as a clearinghouse for information in the field of aging.

(f)   Appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation.

(g)   Engage in any other activity deemed necessary by the division to promote the health and well-being of the aging citizen of this State, not inconsistent with the purposes of this chapter or the public policies of the State;

(h)   Certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose;

(i)   award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services;

(j)   designate area agencies on aging as required by the Older Americans Act;


Printed Page 4411 . . . . . Wednesday, May 28, 2008

(k)   administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.

Section 43-21-45.   The Lieutenant Governor's Office, Division on Aging, shall designate area agencies on aging and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network.

Section 43-21-50.   The division may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.

Section 43-21-60.   The division shall submit an annual report to the Lieutenant Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the division during the year.

Section 43-21-70.   The Lieutenant Governor may employ a director to be the administrative officer of the division who shall serve at his pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240.

Section 43-21-80.   The director shall appoint any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefore in accordance with the Human Resource Management Division of the State Budget and Control Board and Merit System requirements.

Section 43-21-100.   The division shall prepare the budget for its operation which must be submitted to the Lieutenant Governor and to the General Assembly for approval.

Section 43-21-110.   The General Assembly shall provide an annual appropriation to carry out the work of the Commission.

Section 43-21-120.   There is created the Coordinating Council to the Division on Aging to work with the division on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the


Printed Page 4412 . . . . . Wednesday, May 28, 2008

Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department of Mental Health, the Superintendent of Education, the Director of the State Department of Labor, Licensing, and Regulation, the Executive Director of the South Carolina State Employment Security Commission, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services, the Director of the Department of Alcohol and Other Drug Abuse Services, and the Chairperson of the Commission on Women.
The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
The chairman of the advisory commission and the director of the Division on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.

Section 43-21-130.   (A)   There is created the Long-Term Care Council (council) composed of the following voting members:

(1)   the Lieutenant Governor or his designee;

(2)   the Director of the Department of Social Services;

(3)   the Director of the Department of Health and Environmental Control;

(4)   the Director of the Department of Mental Health;

(5)   the Director of the Department of Disabilities and Special Needs;

(6)   the Director of the Division on Aging;

(7)   the Director of the Department of Health and Human Services;

(8)   the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;


Printed Page 4413 . . . . . Wednesday, May 28, 2008

(9)   the Chairman of the Joint Legislative Committee on Aging, or his designee;

(10)   one representative of each of the following groups appointed by the Lieutenant Governor annually:

(a)   long-term care providers;

(b)   long-term care consumers;

(c)   persons in the insurance industry developing or marketing a long-term care product.

(B)   Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Lieutenant Governor to represent private groups serve without compensation.

(C)   The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.

Section 43-21-140.   The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:

(1)   charges based on ability to pay for persons not eligible for Medicaid;

(2)   coordination of community services;

(3)   access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;

(4)   case management; and

(5)   discharge planning and services.
The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives.


Printed Page 4414 . . . . . Wednesday, May 28, 2008

Section 43-21-150.   The Division on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:

(a)   the availability of long term care services;

(b)   the lifetime risk of spending some time in a nursing home;

(c)   the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and

(d)   the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.
This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.

Section 43-21-160.   (A)   There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Division on Aging.

(B)   All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.

(C)   These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.

(D)   The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.

(E)   The South Carolina Division on Aging shall carry out all activities necessary to administer the fund.

Section 43-21-170.   In administering the Eldercare Trust Fund, the division may, but is not limited to:

(1)   assess the critical needs of the frail elderly and establish priorities for meeting these needs;

(2)   receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;

(3)   solicit proposals for programs that are aimed at meeting identified service needs;

(4)   provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;


Printed Page 4415 . . . . . Wednesday, May 28, 2008

(5)   establish criteria for awarding grants; and

(6)   enter into contracts for the awarding of grants to public and private nonprofit organizations.

Section 43-21-180.   Funds deposited in the trust fund and all earnings from the investment of these funds, after allowances for operating expenses, are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division.

Section 43-21-190.   There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:

(1)   identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;

(2)   make recommendations to the Lieutenant Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;

(3)   arrange educational forums to explore issues related to older South Carolinians;

(4)   promote good government for all South Carolinians.
The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc., in coordination with the state's network of aging programs.
The nonpartisan model legislature shall conduct its general assembly annually.
Section 43-21-200.   (A)   There is established within the Division of Aging the State Loan Repayment Program to reimburse student loan payments of a physician licensed or certified to practice in this State, who has completed a fellowship training program in geriatrics or geropsychiatry accredited by the Accreditation Council for Graduate Medical Education, is accepted into the program, and contracts with the division as provided in subsection (C) of this section.

(B)(1)   To assist the division in selecting program participants, there is established the Physician Advisory Board to review applicants


Printed Page 4416 . . . . . Wednesday, May 28, 2008

for the repayment reimbursement program. The board consists of five members, one each appointed by the division to represent:

(a)   the South Carolina Medical Association;

(b)   the South Carolina Commission on Higher Education;

(c)   the Medical University of South Carolina;

(d)   the School of Medicine of the University of South Carolina;

(e)   a fellow in geriatrics or geropsychiatry.
Board members serve at the pleasure of the division and without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of boards, committees, and commissions, to be paid from approved accounts of the division.

(2)   The board shall meet as necessary to review program applications and from among these applications recommend program candidates to the division. No physician may participate in the program who has not been recommended by the board. In considering applications, the board shall consider demonstrable need and make every effort to select those who intend to continue to practice in this State after completing the program. In order of priority in considering applicants for the program, the board shall consider first South Carolina natives completing fellowship programs in this State, then out-of-state applicants completing fellowships in this State, then South Carolina natives completing out-of-state fellowship programs, and finally out-of-state applicants completing out-of-state fellowships.

(C)(1)   A physician accepted for the program shall execute a contract with the division in which the physician agrees:

(a)   to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship;

(b)   to accept Medicare and Medicaid patients;

(c)   to accept reimbursement or contractual binding rates; and

(d)   not to discriminate against patients based on the ability to pay.

(2)   Upon execution of the contract, the division shall reimburse student loan payments made by the physician during the last completed calendar quarter. No more than four physicians a year may participate in the program unless sufficient funding is available to reimburse, in accordance with this section, more than four physicians a year. The total amount that may be reimbursed to one physician is


Printed Page 4417 . . . . . Wednesday, May 28, 2008

thirty-five thousand dollars multiplied by the number of years of the fellowship completed, prorated for periods less than one year.

(D)   If the division determines that the physician is not in compliance with the contract, it shall refer this matter to the Physicians Advisory Board, which shall recommend an appropriate penalty which may be imposed by the division for noncompliance, which must be an amount not to exceed three times the total of reimbursement received plus interest at the prime rate plus ten percent calculated from the date noncompliance was determined.

(E)   The division shall prescribe the form of applications and the procedures for reimbursement and may require such information and documentation as it determines appropriate for these applications and reimbursements.

(F)   The General Assembly, in the annual general appropriations act, shall appropriate the funds necessary for the operation of the State Loan Repayment Program."
D. 1. Section 9-1-10(11)(g) of the 1976 Code, as last amended by Act 389 of 2000, is further amended to read:

"(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office."

2.   Section 9-1-10(14) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(14)   'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state- supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office."

3.   Section 1-11-720(A)(9) of the 1976 Code is amended to read:

"(9)   local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Department of Health and Human Services Lieutenant Governor's Office;"


Printed Page 4418 . . . . . Wednesday, May 28, 2008

4.   This subpart takes effect July 1, 2008.

Part 26
Department of Transportation

A. (68A.8) 1.   Section 57-5-720 of the 1976 Code is amended by adding an unnumbered paragraph at the end to read:

"In recognition of budgetary restraints, the Department of Transportation, its commission, officers and employees, are granted the discretionary authority to relax design and construction standards with respect to highway projects in the secondary state highway system. The exercise of the discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers or employees."

2.   This subpart takes effect July 1, 2008.
B. (68A.13) 1.   Section 57-3-130(A) of the 1976 Code is amended to read:

"(A)   Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees Fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes. The department may charge the following rates for oversize or overweight permits and licenses:

Single Trip                   $   30.00

Excessive Width Over 16 feet             $   35.00

Excessive Width Over 18 feet             $   40.00

Excessive Width Over 20 feet             $   45.00

Excessive Width Over 22 feet             $   50.00

Multiple Trip (Annual)               $   100.00

House Moving License (Annual)             $   100.00


Printed Page 4419 . . . . . Wednesday, May 28, 2008

Superload Application (Non-Refundable)             $   100.00

Superload Engineer Analysis Over 130,000 pounds     $   100.00

Superload Engineer Analysis Over 200,000 pounds     $   200.00

Superload Engineer Analysis Over 300,000 pounds     $   350.00

Superload Impact Fee for

Loads Over 130,000 pounds                       $   3.00/

1,000 pounds

Administration Fee for

Prorating Active Annual Permits           $   10.00

Administration Fee for

Road Machinery Permits         $ 10.00."

2.   Section 57-3-150(A) of the 1976 Code is amended to read:

"(A)   The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is as delineated in the fee schedule in Section 57-3-130(A) fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed."

3.   This subpart takes effect July 1, 2008.

Part 27
Law Enforcement Training Council

A. (50.3) 1.   Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-120.   Notwithstanding any other provision of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college


Printed Page 4420 . . . . . Wednesday, May 28, 2008

tuition, and revenue from canteen operations and building management services, revenue from 'Crime-to-Court' and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward."

2.   This subpart takes effect July 1, 2008.

Part 28
Department of Juvenile Justice

A. (53.5)   Section 20-7-6850 of the 1976 Code is amended by adding an unnumbered paragraph at the end to read:

"All revenues generated from United States Department of Agriculture grants, the Education Finance Act, the Detention Center, and Medicaid federal funding may be retained, carried forward, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with related programs."
B. (53.12 and 53.16) 1.   Section 20-7-7810 of the 1976 Code is amended by adding two subsections at the end to read:

"(G)   After having served at least two-thirds of the time ordered by a court, a child committed to the Department of Juvenile Justice for a determinate period pursuant to this section may be released by the department prior to the expiration of the determinate period for 'good behavior' as determined by the department. The court, in its discretion, may state in the order that the child is not to be released prior to the expiration of the determinate period ordered by the court.

(H)   Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center for the offense for which they were subsequently committed by the Family Court to the custody of the Department of Juvenile Justice shall receive credit toward their parole guidelines, if indeterminately sentenced, or credit toward their date of release, if determinately sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program."

2.   This subpart takes effect July 1, 2008.
C. (53.17) 1.   Section 20-7-6855(C) of the 1976 Code is amended to read:


Printed Page 4421 . . . . . Wednesday, May 28, 2008

"(C)   Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State. Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the Education Finance Act shall be disbursed to the Department of Juvenile Justice by the Department of Education from the appropriation provided in the annual general appropriations act and entitled 'Education Finance Act'. The amount to be disbursed to the Department of Juvenile Justice must be sufficient to produce funds equal to the product of the number of students served by the Department of Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the Education Finance Act and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation of the department's twelve-month continuous progress education program using a base of two hundred thirty-five instructional days instead of one hundred ninety instructional days. The amount includes, but is not limited to, all funding for teacher salary supplements, instructional purposes, or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress educational program. The Department of Juvenile Justice shall comply with the provisions of subsection (4) of Section 59-20-50 and subsections (1), (2), (3)(a), (4)(b), (c), (d), (e), and (f) of Section 59-20-60. The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in subsection (5)(e) of Section 59-20-60. If the accreditation standards set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this section shall be reduced the following fiscal year according to the provisions set forth in the Education Finance Act."

2.   This subpart takes effect July 1, 2008.
D. (53.19)   Section 20-7-8005 is amended to read:

"Section 20-7-8005.   From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in custody in a correctional institution, facility, or program operated by the department, the child shall be under the exclusive care, custody, and control of the department. All expenses must be borne by the State except as otherwise provided by law local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per


Printed Page 4422 . . . . . Wednesday, May 28, 2008

child. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with juvenile services provided by the department. If adequate funding is not received, the department shall have flexibility to use funds from other programmatic areas to maintain an appropriate level of service."

Part 29
State Treasurer's Office

A. (76.6) 1.   Section 27-18-195 of the 1976 Code is amended by adding a subsection at the end to read:

"(F)   Notwithstanding Section 27-18-190, the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by this section by electronic means or at least once in a newspaper of general circulation in the county in this State which is the last known address of any person named in the notice."

2.   This section takes effect July 1, 2008.
B. (76.8) 1.   Section 11-5-120 of the 1976 Code is amended to read:

"Section 11-5-120.   The Treasurer shall publish, quarterly, by electronic means and in a manner that allows for public review, in one daily paper in the city of Columbia a statement showing the amount of money on hand and in what banks financial institution it is deposited and the respective funds to which it belongs."

2.   This subpart takes effect July 1, 2008.

Part 30
Clemson University - PSA

A. (35.4) 1.   Section 46-25-210(A) of the 1976 Code is amended to read:

"(A)   Each company guaranteeing commercial fertilizer offered for sale, sold, or distributed in this State must be registered with the State. The application for registration must be submitted to the commission on forms furnished by the commission. Upon approval by the commission or its authorized agent, a copy of the registration must be furnished to the applicant.

(1)   A person wishing to become a registrant, before engaging in business, shall secure a license or renewal from the commission or its authorized representative. The application for the license must be on forms furnished by and contain the information prescribed by the commission or its authorized representative. The application must be accompanied by an annual registration fee in accordance with the following schedule:


Printed Page 4423 . . . . . Wednesday, May 28, 2008

Tonnage Volume of
Registrant License Fee
0-5,000 tons Fifty One hundred dollars
5,001-25,000 tons One hundred Two hundred dollars
More than 25,000 tons Two hundred Four Hundred dollars
A new registrant shall pay a license fee of fifty one hundred dollars. On renewal the fee must be based on the tonnage volume of the registrant in accordance with the schedule above. The tonnage is determined from the monthly tonnage reports filed by the registrant in accordance with this chapter. The license must be renewed annually and is effective from July first through June thirtieth of the following year. Fees must be paid by the first day of July of each calendar year. The license may be revoked for a violation of a provision of this chapter or regulations promulgated by the authority.

(2)   All brands and grades of specialty fertilizer offered for sale, sold, or distributed in this State must be registered on forms supplied by the commission or its agent. All specialty fertilizers sold or distributed in this State are subject to an annual registration fee of thirty dollars for each product."

2.   Section 46-25-820 of the 1976 Code is amended to read:

"Section 46-25-820.   On individual packages of commercial fertilizer containing ten pounds or less, there must be paid in lieu of the twenty-five fifty cents a ton inspection tax a combined annual registration fee and inspection tax of thirty sixty dollars for each brand and grade sold or distributed. Where fertilizer is sold or distributed in packages of ten pounds or less as well as in packages over ten pounds, this annual registration and inspection tax of thirty sixty dollars applies only to that portion sold in packages of ten pounds or less. That portion sold in packages over ten pounds is subject to the same regulation requirement provided in Section 46-25-210 and an inspection tax as provided in Section 46-25-810."

3.   Sections 46-26-50 and 46-26-60 are amended to read:

"Section 46-26-50.   Any person desiring to become a distributor as defined in this chapter shall before engaging in such business, make application to the commission on application forms furnished by the commission for a permit to do business in South Carolina. Each application should be accompanied by a remittance of ten twenty dollars for each distributor as a fee for issue of permit. The applicant shall guarantee compliance with all provisions of this chapter which apply to the sale of bulk liming materials, which shall include delivery to the consumer the bulk liming materials purchased. Upon approval


Printed Page 4424 . . . . . Wednesday, May 28, 2008

by the commission a copy of the permit shall be furnished the applicant and when furnished, shall authorize the person receiving it to do business as a distributor. All permits shall expire on June thirtieth of each year.

Section 46-26-60.   (a)   Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on forms furnished or approved by the commission or its duly authorized representative and shall be accompanied by a fee of ten twenty dollars per product. Upon approval by the commission or its duly authorized representative, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June thirtieth of each year.

(b) A distributor shall not be required to register any brand of agricultural liming material if it has been duly registered under this chapter by another person, providing the label does not differ in any respect."

4.   Sections 46-13-50(A) and 46-13-60 of the 1976 Code are amended to read:

"A.   (1)   After October 21, 1976, no person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a pesticide dealer unless he is licensed annually as provided in this chapter. A separate license and fee shall be obtained for each establishment from which restricted use pesticides are distributed, sold, held for sale, or offered for sale directly to the user or for resale.

(2)   Applications for a pesticide dealer license shall be in the form and shall contain the information prescribed by the director. Each initial application shall be accompanied by a fee of twenty-five fifty dollars; additional license for applicants at the same location shall be five ten dollars per applicant. All licenses issued under this chapter shall expire on December thirty-first of the year for which they are issued.

(3)   The license for a pesticide dealer may be renewed annually upon application to the director accompanied by a fee of twenty-five fifty dollars for each license, on or before the first day of January of the calendar year for which the license is issued.

(4)   Every licensed pesticide dealer who changes his address or place of business shall notify the director within ten days.

(5)   The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to conduct the business described in the application for the calendar year


Printed Page 4425 . . . . . Wednesday, May 28, 2008

for which the license is issued, unless the license is sooner revoked or suspended.

(6)   If an application for renewal of a pesticide dealer license is not filed on or prior to January first of any one year an additional fee of twenty-five percent of the original fee shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued; provided, that such additional fee shall not apply if the applicant furnishes an affidavit that he has not operated as a licensed pesticide dealer subsequent to the expiration of his prior license.

Section 46-13-60.   The director may prescribe standards for the certification of applicators of pesticides. The standards must conform with the standards for certification as specified by Section 4, Public Law 92-516. The standards for certification of private applicators of restricted use pesticides do not become effective except as becomes necessary under Section 4, Public Law 92-516 and the resulting regulations established under that law.

(1)   Private applicators:

(a)   No 'private applicator' may use or supervise the use of a 'restricted use pesticide' which is restricted to use by 'certified applicators' without that private applicator first complying with the certification requirements necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.

(b)   Certification standards to determine the individual's competency with respect to the use of the pesticide or class of pesticides the private applicator is to be certified to use must be promulgated by the director.

(i)   To be certified as a private applicator to use 'restricted use pesticides' (categorized for this examination requirement) the applicant is required to pass a written or oral examination or otherwise demonstrate his competency with respect to the use of the pesticide or category of pesticides covered by his certification before purchase and use of the product.

(ii)   Applications for a private applicator's license must be in the form and must contain the information prescribed by the director. Each application must be accompanied by a fee equaling one dollar two dollars a valid year. All licenses issued under this chapter expire on December thirty-first of the year that the license is dated to expire.

(iii)   Private applicator licenses, issued by the director, are valid for a period as prescribed by the director in regulations. The


Printed Page 4426 . . . . . Wednesday, May 28, 2008

director may renew a private applicator license without reexamination. The director by regulation shall establish provisions, which do not include reexamination unless required to do so by federal law, to ensure that private applicators continue to meet the requirements of changing technology and to ensure a continuing level of competence and ability to use pesticides safely and properly.

(iv)   If the director does not issue or renew a private applicator's license, he shall inform the applicant in writing of the reasons therefor. The applicant is eligible for reexamination after thirty days.

(2)   Other applicators:

(a)   Application for a license must be made in writing to the director on a designated form obtained from the director's office. Each application for a license must contain information regarding the applicant's qualifications and proposed operations, the type of license (commercial or noncommercial), the license classification for which the applicant is applying, and must include the following:

(i)   the full name of the person applying for the license;

(ii)   the principal business address of the applicant in the State and elsewhere;

(iii)   the name and address of a person, who may be the Secretary of State, whose domicile is in the State, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant;

(iv)   the type of equipment (excluding manually powered equipment) used by the applicant to apply pesticides.

(b)   The director may not issue a commercial or noncommercial applicator's license until the individual who uses or supervises the use of a restricted use pesticide is certified by passing an examination to demonstrate to the director his knowledge of how to use and supervise the use of pesticides under the classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply under those classifications.

(c)   If the deputy director finds the applicant qualified to use and supervise the use of pesticides in the classifications he has applied for, and if an applicant applying for a commercial applicator license files the evidence of financial responsibility required under Section 46-13-100, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency, the Division of Aeronautics of the Department of Commerce for the State, and any other applicable


Printed Page 4427 . . . . . Wednesday, May 28, 2008

federal or state laws or regulations to operate the equipment described in the application, the deputy director shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the deputy director for cause. The deputy director may limit the license of the applicant to the use of certain areas, or to certain types of equipment if the applicant is only so qualified.

(d)   An applicator license issued to an individual representing a government entity or a corporation, partnership, sole proprietorship, or other juridical person, is valid only so long as that individual satisfying the examination requirement of Section 46-13-60(2)(b) is employed by the business, or is an official or employee of the governmental entity. A licensee shall notify the director within thirty days of the date of invalidation of a license pursuant to this provision. Supervision required by a licensee pursuant to this chapter must be performed only by an individual satisfying the examination requirement of Section 46-13-60(2)(b).

(3)   All persons:

(a)   No person (including officials or employees of federal, state, or local government) may use or supervise the use of a restricted use pesticide without a private, commercial, or noncommercial applicator license issued by the director.

(b)   An annual fee of twenty-five fifty dollars for each pesticide applicator's license issued to each office at which records relative to the sale or application of pesticides are maintained is required. Payment of this annual fee permits the certification of one individual under any or all of the classifications. A five dollar annual fee is required to certify each additional applicant who desires to be certified in any one classification. Noncommercial applicators are exempt from all fee requirements.

(c)   If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons for the denial.

(d)   An applicant is eligible for reexamination after thirty days.

(e)   The license of an applicator whose financial responsibility, as required by Section 46-13-100 lapses, expires, or otherwise ceases to comply is suspended automatically until proof of continuing responsibility is provided by the applicator. It is unlawful for the person to engage in the business of applying pesticides until the financial responsibility is brought into compliance with the requirements of Section 46-13-100, and his license is reinstated by the


Printed Page 4428 . . . . . Wednesday, May 28, 2008

director. If the applicator fails to reinstate his financial responsibility within three months or his applicator's license expires sooner, his license automatically is revoked and must not be restored until he has complied with the requirements of this section."

5.   Chapter 25, Title 46 of the 1976 Code is amended by adding:

"Section 46-25-825.   Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the commission on the form furnished or approved by the commission and shall be accompanied by a fee of one hundred dollars per product. Upon approval by the commission, a copy of the registration shall be furnished to the applicant. All registrations expire on June thirtieth of the following year. Each manufacturer shall submit to the Commission a copy of labels and advertising literature with the registration request for each soil amendment."

6.   This subpart takes effect July 1, 2008.

Part 31
Department of Commerce

A. (40.13) 1.   Section 12-10-95 of the 1976 Code is amended by adding a subsection at the end to read:

"(I)   The council may establish an annual renewal fee of five hundred dollars to be shared equally with the department for administrative, data collection, reporting, and other obligations of this chapter."

2.   Section 12-10-100(B) of the 1976 Code is amended to read:

"(B)   The council shall establish an application fee schedule, not to exceed two four thousand dollars for each qualifying business, for undertaking the provisions of this chapter. Of that amount, five hundred dollars shall be shared with the department. The council shall also establish an annual renewal fee of five hundred dollars to be shared equally with the department. The State Treasurer shall establish an account for these fees which must be expended by the council only for meeting administrative, data collection, credit analysis, cost/benefits analysis, reporting, and any other obligations pursuant to this chapter. This account may retain funds for expenditure in the next fiscal year only for purposes enumerated in this section."

3.   This subpart takes effect July 1, 2008.
B. (40.22) 1.   Section 13-1-50 of the 1976 Code is amended to read:

"Section 13-1-50.   The department shall be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The department may undergo an


Printed Page 4429 . . . . . Wednesday, May 28, 2008

Agreed Upon Procedures audit in lieu of having audited financial statements. The audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. The audit must be completed by November 1 following the close of the fiscal year. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds."

2.   This subpart takes effect July 1, 2008.
C. (40.13 and 40.24) 1.   Section 12-10-85 of the 1976 Code is amended to read:

"Section 12-10-85.   (A)   Funds received by the department for the State Rural Infrastructure Fund must be deposited in the State Rural Infrastructure Fund of the Council. The fund must be administered by the council for the purpose of providing financial assistance to local governments for infrastructure and other economic development activities including, but not limited to:

(1)   training costs and facilities;

(2)   improvements to regionally planned public and private water and sewer systems;

(3)   improvements to both public and private electricity, natural gas, and telecommunications systems including, but not limited to, an electric cooperative, electrical utility, or electric supplier described in Chapter 27 of Title 58; or

(4)   fixed transportation facilities including highway, rail, water, and air.

The Council may retain up to five percent of the revenue received for the State Rural Infrastructure Fund for administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations.

(B)   Rural Infrastructure Fund grants must be available to benefit counties or municipalities designated as 'distressed' or 'least developed' as defined in Section 12-6-3360 according to guidelines established by the council, except that up to twenty-five percent of the funds annually available in excess of ten million dollars must be set aside for grants to areas of 'underdeveloped', 'moderately developed', and 'developed' counties. A governing body of an 'underdeveloped', 'moderately developed', or 'developed' county must apply to the


Printed Page 4430 . . . . . Wednesday, May 28, 2008

council for these set-aside grants stating the reasons that certain areas of the county qualify for these grants because the conditions in that area of the county are comparable to those conditions qualifying a county as 'distressed' or 'least developed'.

(C)   For the purposes of this section, 'local government' means a county, municipality, or group of counties organized pursuant to Section 4-9-20(a), (b), (c), or (d).

(D)   The council shall submit a report to the Governor and General Assembly by March fifteenth covering activities for the prior calendar year.

(E)   The department shall retain unexpended or uncommitted funds at the close of the State's fiscal year of the State and expend the funds in subsequent fiscal years for like purposes."

2.   This subpart takes effect July 1, 2008.

Part 32
General Provisions

A. (89.41)   Chapter 1, Title 10 of the 1976 Code is amended by adding:

"Section 10-1-210.   Notwithstanding any other provision of law, all state agencies, institutions, colleges and universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property, including any commission received for allowing the placement or location of pay telephones on public property. Public property means any and all property occupied or under the control of a state agency, institution, college or university. The State shall forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates charged by vendors for the use of those telephones must be reduced to reflect this foregone state revenue."
B. (89.84) 1.   Section 23-1-60 of the 1976 Code is amended to read:

"Section 23-1-60.   (A)   The Governor may, at his discretion, appoint such additional deputies, constables, security guards, and detectives as he may deem deems necessary to assist in the detection of crime and the enforcement of any the criminal laws of this State,. The qualifications, salaries, and expenses of such these deputies, constables,


Printed Page 4431 . . . . . Wednesday, May 28, 2008

security guards, and detectives appointed are to be determined by and paid as provided for by law. Appointments by the Governor may be made hereunder pursuant to this section without compensation from the State. Any Appointments of deputies, constables, security guards, and detectives made without compensation from the State may be revoked by the Governor at his pleasure.

(B)   All appointments of deputies, constables, security guards, and detectives hereunder appointed pursuant to this section without compensation shall expire sixty days after the expiration of the term of the Governor making such the appointment. Each Governor shall reappoint all deputies, constables, security guards, and detectives who are regularly salaried as provided for by law within sixty days after taking office unless such the deputy, constable, security guard, or detective is discharged with cause as provided for by law.

(C)   All persons appointed under pursuant to the provisions of this section shall be are required to furnish evidence that they are knowledgeable as to the duties and responsibilities of a laws-enforcement law enforcement officer or shall be are required to take such undergo training in this field as may be prescribed by the Chief of the South Carolina Law-Enforcement Law Enforcement Division.

(D)   A voluntary deputy, constable, security guard, or detective appointed pursuant to this section, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division."

2.   This subpart takes effect July 1, 2008.
C. (90.2)   Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-212.   (A)   In addition to all other assessments and surcharges, a twenty-five dollar surcharge is imposed on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended.

(B)(1)   The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State


Printed Page 4432 . . . . . Wednesday, May 28, 2008

Treasurer may retain in a fiscal year the actual cost associated with the collection of this surcharge not to exceed forty thousand dollars. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows:

(a)   37.75 percent for circuit solicitors as provided in item (2) of this subsection;

(b)   22.10 percent to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses;

(c)   15 percent to the State Law Enforcement Division for its general purposes;

(d)   15 percent to the Department of Corrections for its general purposes;

(e)   3.75 percent to the Attorney General's Office for its general purposes;

(f)   3.75 percent to the Judicial Department for its general purposes;

(g)   1.55 percent to the Department of Natural Resources for statewide police responsibilities;

(h)   1 percent to the Office of Indigent Defense, Division of Appellate Defense for its general purposes; and

(i)   0.10 percent to the Forestry Commission for statewide police responsibilities.

(2)   The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for the operation of the solicitors' offices, and the solicitors may use a portion of those funds to provide for drug courts in their judicial circuits. The funds received by solicitors' offices pursuant to this item in part are to replace the funds received by solicitors in the same year appropriated as state support for judicial circuits in the annual general appropriations act. Notwithstanding the provisions of subitem (a) of this item, the State Treasurer shall withhold funds received pursuant to this item for the benefit of the solicitors and transmit seventy-five percent of these withheld funds to the Highway Patrol Division (DPS) to be used for equipment, vehicle purchases, and associated vehicle expenditures, to include maintenance and gasoline, for the Highway Patrol and twenty-five percent of these


Printed Page 4433 . . . . . Wednesday, May 28, 2008

withheld funds to the Judicial Department until the time these deposits equal the amounts disbursed or to be disbursed to the solicitors as judicial circuits state support in the annual general appropriations act. Thereafter, any funds received for the benefit of the solicitors must be disbursed to solicitors as provided in this item.

(C)   The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."
D.   1.   Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-135.   Notwithstanding any other provision of law, including specifically any temporary provisions in the general appropriations act for fiscal year 2008-2009, coastal International Residential Code (IRC) necessary to prevent properties insured by the National Flood Insurance Program (NIFP) being retrograded to a lower class for purposes of the flood insurance premium discounts allowed jurisdictions participating in the NFIP's community rating system."

2.   This subpart takes effect upon approval of this act by the Governor.
SECTION   3.   The numbers in parenthesis following the individually lettered subparts in each Part of Section 1 of this act are references to paragraphs in Part IB of the general appropriations act of 2008 for fiscal year 2008-2009, and are for purposes of identification only.
SECTION   4.   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   5.   The purpose of this, the Budget Proviso Codification Act, is to enact into permanent law temporary provisions that are reenacted annually in the annual general appropriations act. With respect to the imposition of fees and assessments, this act must not be


Printed Page 4434 . . . . . Wednesday, May 28, 2008

construed in a manner that would result in a doubling of the fees and assessments by deeming them to be imposed cumulatively pursuant to both temporary and permanent law.
SECTION   6.   Except as otherwise provided, this act takes effect July 1, 2009. /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

Rep. WALKER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\5587CM08), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 13, Part 13F and inserting:
/ F.   (66.17)   Section 56-3-2010(B) of the 1976 Code is amended to read:

"(B)   Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance must be assigned a biennial registration which expires on a staggered monthly basis. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires on January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.


Printed Page 4435 . . . . . Wednesday, May 28, 2008

Rep. WALKER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5584CM08), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 56-3-8000(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

"(A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the Federal Internal Revenue Code and maintained this certification for a period of five years. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate. The initial fee amount requested may be changed only every five years from the first year the plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued." /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 669--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-


Printed Page 4436 . . . . . Wednesday, May 28, 2008

7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc name COUNCIL\NBD\12352AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 5, Chapter 7, Title 43 of the 1976 Code is amended by adding:

"Section 43-7-465.   All A health insurers insurer, including a self-insured plans plan, group health plans plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service-benefit plans plan, managed-care organizations organization, pharmacy benefit managers manager, or other another party that are is legally responsible for payment of a claim by statute, contract, or agreement for payment of a claim for a health care item or service, as a condition of doing business in this State, shall:

(1)   provide, with respect to an individual eligible for or receiving medical assistance under the State plan, on request of the Single State Agency, information to determine during what period the individual or his spouse or dependent may be, or may have been, covered by a health insurer and the nature of coverage provided or that may have been provided by the insurer in a manner prescribed by the secretary of the United States Department of Health and Human Services or by the Single State Agency. This information must include the insured's name, address, and the plan's identifying number;


Printed Page 4437 . . . . . Wednesday, May 28, 2008

(2)   accept the state's right of recovery and the assignment to the State of an individual or another entity's right to payment for a health care item or service for which payment was made under the state plan;

(3)   respond to an inquiry by the State regarding a claim for payment for a health care item or service submitted within three years of the date the item or service was provided;

(4)   agree not to deny a claim submitted by the State solely on the basis of the date the claim was submitted, the type or format of claim form, or a failure to present proper documentation at the point of sale that provides the basis of the claim if:

(a)   the claim is submitted by the State within the three-year period beginning on the date on which the item or service was furnished; and

(b)   an action by the State to enforce its right with respect to the claim is commenced with six years of the state's submission of the claim."
SECTION   2.   Section 43-7-410 of the 1976 Code, as last amended by Act 481 of 1994, is further amended to read:

"Section 43-7-410.   (A)   'Applicant' means an individual whose written application for Medicaid has been submitted to the agency determining Medicaid eligibility, but has not received final action. This includes an individual, (living or deceased,) whose application is submitted by a representative or a person acting responsibly for the individual.

(B)   'Commission Department' means the State South Carolina Department of Health and Human Services Finance Commission.

(C)   'Medicaid' means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the State Health and Human Services Finance Commission department.

(D)   'Person' means any a natural person, company, association, partnership, corporation, or any other legal entity.

(E)   'Practitioner' means a physician or other health care professional licensed under state law to practice his profession.

(F)   'Private Insurer' means:

(1)   a commercial insurance company offering health or casualty insurance to individuals or groups an individual or group, including an experienced-rated contracts and contract or indemnity contracts contract;

(2)   a profit or nonprofit prepaid plan offering either a medical services service or full or partial payment for the diagnosis or treatment of an injury, disease, or disability;


Printed Page 4438 . . . . . Wednesday, May 28, 2008

(3)   an organization administering a health or casualty insurance plans plan for a professional associations, unions association, union, fraternal groups group, employer-employee benefit plans, and any plan, or a similar organization offering these plans or services, including a self-insured and or self-funded plans plan; or

(4)   a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a service benefit plan, or a health maintenance organization.

(G)   'Provider' means an individual, firm, corporation, association, institution, or other legal entity which is providing, or has been is approved to provide, medical assistance to a recipient pursuant to the State Medical Assistance Plan and in accord consistent with Title XIX of the Social Security Act-Medical Assistance (Medicaid), also known as Medicaid.

(H)   'Recipient' means an individual who has been determined to be eligible for a health services as service described in the State Medical Assistance Plan in accord with Title XIX of the Social Security Act-Medical Assistance (Medicaid), also known as Medicaid.

(I)   'Third party' means any an individual, entity, or program that is or may be liable by contract, agreement, or statute, to pay all or part of the medical cost of injury, disease, or disability of an applicant or recipient."
SECTION   3.   Section 43-7-420 of the 1976 Code, as last amended by Act 516 of 1986, is further amended to read:

"Section 43-7-420.   (A)   Every An applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, shall be deemed is considered to have assigned his rights right to recover such amounts so an amount paid by Medicaid from any a third party or private insurer to the State Health and Human Services Finance Commission department. This assignment shall not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department in its efforts to enforce its assignment rights. The receipt of medical assistance by an applicant or recipient shall create a rebuttable presumption that the applicant or recipient received information regarding the requirements for and the consequences of assigning his right to recover from a third party or private insurer either from the department, or in the case of an applicant or recipient qualified by the Social Security Administration under Section 1634 of the Social Security Act, from the Social Security Administration.


Printed Page 4439 . . . . . Wednesday, May 28, 2008

(B)   An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon on his cooperation with the Commission department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the applicant or recipient from any a third party or private insurer.

(C)   Every An applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission all department information needed to enforce the assignment rights of the Commission department."
SECTION   4.   Section 43-7-430 of the 1976 Code, as last amended by Act 516 of 1986, is further amended to read:

"Section 43-7-430.   (A)   The State Health and Human Services Finance Commission shall be department automatically is subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an applicant or recipient may have has to recover such amounts so an amount paid by Medicaid from any a third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the State Health and Human Services Finance Commission department.

(B)   An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon on his cooperation with the Commission department in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the recipient from any a third party or private insurer.

(C)   Every An applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission all department information needed to enforce the subrogation rights of the Commission department."
SECTION   5.   Section 43-7-440 of the 1976 Code, as last amended by Act 481 of 1994, is further amended to read:   "Section 43-7-440.   (A)   The Commission department, to enforce its assignment or subrogation rights, may take any one, or any combination of, the following actions:


Printed Page 4440 . . . . . Wednesday, May 28, 2008

(1)   intervene or join in an action or proceeding brought by the applicant or recipient against any a third party, or private insurer, in state or federal court.;

(2)   commence and prosecute legal proceedings against any a third party or private insurer who may be liable to any an applicant or recipient in state or federal court, either alone or in conjunction with the applicant or recipient, his guardian, personal representative of his estate, dependents dependent, or survivors survivor;

(3)   commence and prosecute a legal proceedings proceeding against any a third party or private insurer who may be liable to an applicant or recipient, or his guardian, personal representative of his estate, dependents dependent, or survivors survivor;

(4)   commence and prosecute a legal proceedings proceeding against any an applicant or recipient;

(5)   settle and compromise any an amount due to the State Health and Human Services Finance Commission department under its assignment and subrogation rights. Provided, further, any A representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the department's assignment and subrogation rights prior to disbursement of funds; or

(6)   reduce any an amount due to the State Health and Human Services Finance Commission department by twenty-five percent if the applicant or recipient has retained an attorney to pursue the applicant's or recipient's claim against a third party or private insurer, that amount to represent the State Health and Human Services Finance Commission's department's share of attorney's attorney fees paid by the applicant or recipient. Additionally, the State Health and Human Services Finance Commission may, in its discretion, department may share in other costs of litigation by reducing the amount due it by a percentage of those costs, the percentage calculated by dividing the amount due the State Health and Human Services Finance Commission department by the total settlement received from the third party or private insurer. Provided, further, any A representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice by certified mail of State Health and Human


Printed Page 4441 . . . . . Wednesday, May 28, 2008

Services Finance Commission's the department's assignment and subrogation rights prior to disbursement of funds.

(B)   A Providers and practitioners provider or practitioner who participate participates in the Medicaid program shall cooperate with the Commission department in the identification of all third parties whom they have reason to believe may be liable to pay all or part of the medical costs of the injury, disease, or disability of an applicant or recipient.

(C)   Any A provision in the contract of a private insurer issued or renewed after June 11, 1986, which denies or reduces benefits because of the eligibility of the insured to receive assistance under Medicaid, is null and void.   In enrolling a person or in making payments for benefits to a person or on behalf of a person, no a private insurer may not take into account that the person is eligible for or is provided receives medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act.

(D)   The An assignment and or subrogation rights right of the Commission are department is superior to any right of reimbursement, subrogation, or indemnity of any a third party or recipient. Provided, further, any A representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission the department for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's the department's assignment and subrogation rights prior to disbursement of funds.   In a case Where a third party has a legal liability to make payments a payment for medical assistance to or on behalf of a person, to the extent that payment has been made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for health care items or services furnished to the person, the State is considered to have acquired the rights of the person to payment by any other another party for the health care items or services, to the extent that payment was made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for a health care item or service furnished to the person."
SECTION   6.   Section 43-7-460 of the 1976 Code, as last amended by Act 93 of 1997, is further amended to read:

"Section 43-7-460.   (A)   The State Department of Health and Human Services department shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:


Printed Page 4442 . . . . . Wednesday, May 28, 2008

(1)   at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if the individual is required, as a condition of receiving services a service in the facility under the state plan, to spend for costs the cost of medical care all but a minimal amount of the person's income required for personal needs; or

(2)   was fifty-five years of age or older when the individual received medical assistance, but only for medical assistance consisting of a nursing facility services service, home and community-based services, and service, hospital and or prescription drug services service provided to individuals in nursing facilities an individual or a nursing facility, or receiving a home and community-based services service.

(B)   Recovery under this section may be made only after the death of the decedent's surviving spouse, if any one exists, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act.

(C)   Recovery under this section must be waived by the department upon proof of undue hardship, asserted by an heir or devisee of the property claimed pursuant to 42 U.S.C. 1396p(b)(3) and in accordance with the guidance issued by the Secretary of the United States Department of Health and Human Services in the State Medicaid Manual as incorporated into the state plan. The department shall publish and maintain such guidance on the department's web site. Until conflicting hardship standards and criteria are issued by the Secretary of the United States Department of Health and Human Services, The following are considered instances of undue hardship in which recovery must be waived:

(1)   with respect to the decedent's home property, if the decedent could have transferred the home property on or after the date of his or her Medicaid application without incurring a penalty under 42 U.S.C. Section 1396p(c), if the property could have been transferred without penalty to a:

(a)   spouse who has survived the decedent;

(b)   surviving child of the decedent who was under age twenty-one or blind or totally disabled;

(c)   surviving sibling of the decedent who possessed an equity interest in the property and who lived in the home for a period of at least one year immediately prior to the date the decedent was institutionalized; or


Printed Page 4443 . . . . . Wednesday, May 28, 2008

(d)   surviving child of the deceased who lived in the home for a period of at least two years immediately before the decedent became institutionalized and who provided care which allowed the decedent to delay institutionalization.   However, hardship under this item only applies if the individual to whom the property could have been transferred without penalty is actually residing in the home at the time the hardship is claimed and this hardship status only protects up to one hundred thousand dollars of appraised value of the home property and to the extent the appraised value of the home property exceeds one hundred thousand dollars, that portion of the value that exceeds one hundred thousand dollars, is subject to recovery by the department as otherwise authorized under this section ;

(2)   with respect to the decedent's home and one acre of land surrounding the house, if an immediate family member:

(a)   has resided in the home for at least two years immediately prior to the recipient's death;

(b)   is actually residing in the home at the time the hardship is claimed;

(c)   owns no other real property or agrees to sell all other interest in real property and give the proceeds to the department; and

(d)   has annual gross family income that does not exceed one hundred eighty-five percent of the federal poverty guidelines.

(3)   with respect to an income producing asset:

(a)   the spouse's or immediate family member's annual gross family income would fall below the federal poverty guidelines without the income produced by the asset; and

(b)   at the time of death, the asset is not producing annual income in excess of one hundred eighty-five percent of the federal poverty guidelines or the spouse or immediate family member agrees to pay all income in excess of one hundred eighty-five percent of the federal poverty guidelines to the department until the department recovers all medical assistance due under this section.

(D)   Recovery of a medical assistance payments payment under this section applies to medical assistance paid after June 30, 1994.

(E)   A claims claim against an estate under this section have has priority as established in Section 62-3-805(a)(2)(ii).

(F)   For purposes of this section:

(1)   'Estate' means all real and property, personal property, and other assets included within the individual's estate as defined in Section 62-1-201(11);.


Printed Page 4444 . . . . . Wednesday, May 28, 2008

(2)   the 'State plan' means Title XIX State Plan for Medical Assistance in effect at the decedent's death;.

(3)   'Immediate family member' means a child, grandchild, parent, brother, or sister of the deceased.

(G)   Notwithstanding subsection (A)(2) upon the enactment of any amendments an amendment to federal law which grants states the option to exempt home and community-based services or other noninstitutional Medicaid services from the estate recovery provisions mandated by Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993, the State Health and Human Services Finance Commission department shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:

(1)   at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or

(2)   was fifty-five years of age or older when the individual received medical assistance but only for medical assistance consisting of nursing facility services."
SECTION   7.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. HARVIN explained the amendment.
The amendment was then adopted.

Rep. LOWE proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3917DW08), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/   SECTION __.   Section 38-79-130 of the 1976 Code is amended to read:

"Section 38-79-130.   The association, pursuant to the provisions of this article and the approved plan of operation in respect to medical malpractice insurance, has the power on behalf of its members to:

(1)   issue, or cause to be issued, policies of insurance to applicants including incidental coverages including, but not limited to, premises or operations liability coverage on the premises where


Printed Page 4445 . . . . . Wednesday, May 28, 2008

services are rendered, all subject to limits of liability as specified in the plan of operation but not to exceed two hundred thousand dollars for each claimant claim under one policy and six hundred thousand dollars for all claimants claims under one policy in any one year; provided, however, that the association may offer policies up to one million dollars for each claim under one policy and three million dollars for all claims under one policy in any one year only upon approval of the board of the association and with the written concurrence of the Board of Governors of the State Carolina Patients' Compensation Fund;

(2)   underwrite medical malpractice insurance and to adjust and pay losses with respect thereto to it or to appoint service companies to perform those functions;

(3)   cede and assume reinsurance."
SECTION   __.   Section 38-79-420 of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:

"Section 38-79-420.   There is created the South Carolina Patients' Compensation Fund (fund) for the purpose of paying that portion of a medical malpractice or general liability claim, settlement, or judgment which is in excess of two hundred thousand dollars for each incident or in excess of six hundred thousand dollars in the aggregate for one year, up to the amounts specified by the board pursuant to Section 38-79-430. The fund is liable only for payment of claims against licensed health care providers (providers) in compliance with the provisions of this article and includes reasonable and necessary expenses incurred in payment of claims and the fund's administrative expense."
SECTION   __.   The second paragraph of Section 38-79-430 of the 1976 Code is amended to read:

"The board shall develop a plan of operation for the efficient administration of the fund consistent with the provisions of this article. The fund must operate pursuant to a plan of operation which shall provide provides for the economic, fair, and nondiscriminatory administration and for the prompt and efficient provision of excess medical malpractice insurance and which may contain other provisions including, but not limited to, assessment of all members for expenses, deficits, losses, commissions arrangements, reasonable underwriting standards, acceptance and cession of reinsurance appointment of servicing carriers, and procedures for determining the amounts of insurance to be provided by the association fund. The fund may not grant retroactive coverage to members. The plan of operation and any amendments to the plan are subject to the approval of the director or


Printed Page 4446 . . . . . Wednesday, May 28, 2008

his designee. If the board fails to develop a plan of operation within the time frame established by the Governor or his designee, the director or his designee shall develop the plan of operation for the fund."
SECTION   __.   Section 38-79-480(3) of the 1976 Code is amended to read:

"(3)   A person who has recovered a final judgment or a settlement approved by the board against a provider covered by the fund may file a claim with the board to recover that portion of the judgment or settlement which is in excess of two hundred thousand dollars for each incident or six hundred thousand dollars in the aggregate for one year, up to the amounts specified by the board pursuant to Section 38-79-430. If the fund incurs liability exceeding two hundred thousand dollars to any person under a single occurrence, the fund may not pay more than two hundred thousand dollars per each year until the claim has been paid in full. However, the board may pay an amount in excess of two hundred thousand dollars so as to avoid the payment of interest." /
Renumber sections to conform.
Amend title to conform.

Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.

Rep. SCARBOROUGH proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3916DW08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 38-29-40(2) of the 1976 Code is amended by adding an item at the end to read:

"(d)   A policy or contract or part of it to the extent that the assessments required by Section 38-29-80 with respect to the policy of contract are preempted by federal or state law." /
Renumber sections to conform.
Amend title to conform.

Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 4447 . . . . . Wednesday, May 28, 2008

S. 1159--DEBATE ADJOURNED

The following Bill was taken up:

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.

Rep. TALLEY moved to adjourn debate on the Bill until Thursday, May 29.

Rep. G. M. SMITH moved to table the motion, which was rejected by a division vote of 14 to 62.

The question then recurred to the motion to adjourn debate until Thursday, May 29, which was agreed to.

S. 1007--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1007 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 6 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT, SO AS TO REVISE ITS NAME TO THE "SOUTH CAROLINA UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT" AND TO PROVIDE UPDATED ARTICULATIONS OF THE PRUDENCE STANDARDS FOR THE MANAGEMENT AND INVESTMENT OF CHARITABLE FUNDS AND FOR ENDOWMENT SPENDING, APPLY PRINCIPLES OF MANAGEMENT AND INVESTMENT OF INSTITUTIONAL


Printed Page 4448 . . . . . Wednesday, May 28, 2008

FUNDS TO CHARITIES ORGANIZED AS A TRUST, A NONPROFIT CORPORATION, OR OTHER ENTITY, IMPOSE ADDITIONAL DUTIES ON THOSE WHO MANAGE AND INVEST CHARITABLE FUNDS, AND UPDATE RULES GOVERNING EXPENDITURES FROM ENDOWMENT FUNDS AND PROVISIONS GOVERNING THE RELEASE AND MODIFICATION OF RESTRICTIONS ON CHARITABLE FUNDS.

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\DT\27232BB08), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2, page 10, lines 16-17, in its entirety and inserting:
/SECTION   2.   This act takes effect on July 1, 2008./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

Reps. HART and SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\19267MM08), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   A.   Chapter 39 of Title 34 is amended by adding:

"Section 34-39-175.   (A)   The Consumer Finance Division of the Board of Financial Institutions shall implement a common database with real-time access through an internet connection for deferred presentment providers, as provided in this subsection. The board is authorized to enter into a contract with a single source private vendor to develop and operate the database. The database must be accessible to the board and the deferred presentment providers to verify if deferred presentment transactions are outstanding for a particular person. Deferred presentment providers shall submit that data before entering into a deferred presentment transaction and once a deferred presentment transaction has been paid in full, in a format the board requires by rule including the drawer's name, social security number or employment authorization alien number, address, driver's license number, amount of the transaction, date of transaction, the date that the transaction is closed, and additional information required by the board.


Printed Page 4449 . . . . . Wednesday, May 28, 2008

The board may impose a fee not to exceed one dollar for each transaction for data required to be submitted by a licensee. A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database. The board may adopt rules to administer and enforce the provisions of this section and to ensure that the database is used by licensees in accordance with this section.

(B)   The information provided in the database is limited for the use in determining if a customer is eligible or ineligible to enter into a new deferred presentment transaction and to describe the reason for the determination of eligibility or ineligibility."
B.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

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

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

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

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

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

(C)   The board shall contract with a single third party database provider to establish and operate a deferred presentment transaction database for the purpose of verifying whether a person is eligible to enter into a deferred presentment transaction. The board shall supervise the establishment and operation of the database and shall ensure that the database provider establishes and operates the database pursuant to the provisions of this section. The board shall have full access to the database and all records related to the database for purposes of supervising the establishment and operation of the database. If the database provider violates a provision of this section, the board shall terminate the contract. The database must have real-time access through an internet connection and be accessible at all times to the board and licensees. The database provider shall establish


Printed Page 4450 . . . . . Wednesday, May 28, 2008

and maintain a process for responding to transaction verification requests when technical difficulties prevent the licensee from accessing the database through the internet including, but not limited to, verification by telephone. The database must be set up so as to notify the board if a licensee or a person enters into a transaction in violation of the provisions of this section.

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

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

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

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

(H)   Except as otherwise provided in this section, all personally identifiable information regarding a person contained within or obtained by way of the database is strictly confidential and is exempt from disclosure under the Freedom of Information Act. The database


Printed Page 4451 . . . . . Wednesday, May 28, 2008

provider and licensees shall use the information collected pursuant to this section only as prescribed in this section and for no other purpose.

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

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

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

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

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

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


Printed Page 4452 . . . . . Wednesday, May 28, 2008

you fail to pay an extended payment plan installment when due, the extended payment plan will end and we may collect immediately the unpaid contract balance.'

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

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

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

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

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

(5)   loans on which the lender submitted the check for collection by loan amount and the number of loans on which the lender took action for collection."
C.   Section 34-39-130 of the 1976 Code is amended by adding at the end:

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

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

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

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

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

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


Printed Page 4453 . . . . . Wednesday, May 28, 2008

(3)   If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or credit union in the making of a deferred deposit transaction and the licensee demonstrates that the standards in item (2)(a), (b), and (c) are met, the licensee must comply with all other provisions of this chapter to the extent that they are not preempted by other federal or state law."
D.   Section 34-39-150(C) and (D) of the 1976 Code is amended to read:

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

(D)   A license expires annually and may be renewed upon payment of a license fee of two hundred fifty dollars five hundred dollars. The annual license renewal fee for an applicant with more than one location is two hundred fifty five hundred dollars for the first location and fifty one hundred dollars for each additional location. All license fees collected must be remitted to the general fund."
E.   Section 34-39-180 of the 1976 Code, as added by Act 433 of 1998, is amended to read:

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

(B)   Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee. The written agreement also must contain plain language developed by the board which sufficiently informs the


Printed Page 4454 . . . . . Wednesday, May 28, 2008

customer regarding the nature of deferred presentment services, the deferred presentment service process, the customer's rights pursuant to this chapter, information to file complaints with the South Carolina Department of Consumer Affairs, and other information the board may require.

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

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

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

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

(G)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a


Printed Page 4455 . . . . . Wednesday, May 28, 2008

returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(H)   The board shall develop a form that must be used by all licensees to calculate the maximum amount of funds it may lend a customer based on the customer's income during the term of the loan as required by subsection (A). The form and copies of the documentation verifying the customer's income shall be maintained by the licensee and a copy of both attached to the written agreement signed by the customer."
F.   Section 34-39-200 of the 1976 Code is amended to read:

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

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

(2)   engage in the business of:

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

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

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

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

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

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

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

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

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

(9)   engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, provided, however except, that a sale of money orders, or postage stamps, and the payment of utility bills with no additional a fee to the customer that does not exceed one percent of the bill being paid,


Printed Page 4456 . . . . . Wednesday, May 28, 2008

vending machines for food or beverage, facsimile services, Western Union wire transfer or money transmitter services, or rental of postal boxes at rates not higher than allowed by the United States Postal Service is are not the sale sales of goods or services prohibited by this subsection;

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

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

(12)   broker or arrange a deferred presentment transaction on behalf of a third-party lender, unless the transaction complies with the provisions of this chapter and is not preempted by federal law."
G.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

"Section 39-34-205.   On-premises advertising by a licensee may not contain false, misleading, or deceptive statements or representations. The board must promulgate regulations necessary to administer and enforce this section."
H.   Section 34-39-170 of the 1976 Code is amended by adding an appropriately numbered new item to read:

"( )   A licensee and a customer may not enter into an electronic funds transfer agreement to make automatic debited loan payments for any portion of a deferred presentment agreement."
I.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
J.   This SECTION takes effect January 1, 2009. /
Renumber sections to conform.
Amend title to conform.

Rep. HART explained the amendment.

POINT OF ORDER

Rep. CATO raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.


Printed Page 4457 . . . . . Wednesday, May 28, 2008

SPEAKER HARRELL stated that while the Amendment related to payday lending organizations, the Bill dealt with financial institutions and investment problems associated with them. He, therefore, sustained the Point of Order and ruled the Amendment out of order.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 241 (Word version) -- Senators Lourie, Knotts, Reese, Leventis, Jackson, Thomas, Pinckney, McGill, Hutto, Sheheen, Williams, Matthews, Patterson, Cromer, Scott, Setzler and Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 16, TITLE 9 OF THE 1976 CODE, BY ADDING SECTION 9-16-55, TO REQUIRE THE RETIREMENT SYSTEM INVESTMENT COMMISSION, ACTING CONSISTENTLY WITH ITS FIDUCIARY RESPONSIBILITY, TO DIVEST ITS PORTFOLIO OF INVESTMENTS IN CERTAIN COMPANIES THAT IN THEIR OPERATIONS ARE COMPLICIT WITH THE GOVERNMENT OF SUDAN IN THE DARFUR GENOCIDE AND TO PROHIBIT FUTURE INVESTMENTS BY THE COMMISSION IN SUCH COMPANIES.

Rep. J. H. NEAL explained the Bill.

S. 1232--REQUESTS FOR DEBATE, AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

S. 1232 (Word version) -- Senators Cleary, Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 10 OF TITLE 4, ENACTING THE "EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT" SO AS TO ALLOW A ONE PERCENT LOCAL SALES AND USE TAX TO BE IMPOSED IN A COUNTY FOR NOT MORE THAN FIFTEEN YEARS UPON REFERENDUM APPROVAL WITH THE REVENUES OF THE TAX USED BY THE COUNTY'S SCHOOL DISTRICT BOARD OF TRUSTEES TO PAY FOR SPECIFIC PUBLIC SCHOOL CAPITAL IMPROVEMENTS IN THE


Printed Page 4458 . . . . . Wednesday, May 28, 2008

COUNTY AND TO PROVIDE A METHOD WHEREBY REVENUE OF THE TAX MAY BE SHARED FOR THE PURPOSES OF SPECIFIC CAPITAL IMPROVEMENTS ON THE CAMPUSES OF A TECHNICAL COLLEGE OR OTHER STATE INSTITUTION OF HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.

Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10657HTC08), which was adopted:
Amend the bill, as and if amended, in Article 4, Chapter 10, Title 4 of the 1976 Code, as added in SECTION 1, page 9, by adding after Section 4-10-460:

/ Section 4-10-470.   The Education Capital Improvements Sales and Use Tax authorized by this article may only be imposed in counties which have collected at least seven million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter remains eligible to impose this tax. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.

Rep. WHITE requested debate on the Bill.

The amendment was then adopted.

Rep. SHOOPMAN requested debate on the Bill.

Rep. CLEMMONS moved to adjourn debate on the Bill, which was agreed to.


Printed Page 4459 . . . . . Wednesday, May 28, 2008

S. 691--REQUESTS FOR DEBATE WITHDRAWN

Reps. DUNCAN, SELLERS, E. H. PITTS, M. A. PITTS, OTT, HAYES, BEDINGFIELD, JEFFERSON, UMPHLETT, TOOLE, COBB-HUNTER, CLYBURN, LOFTIS, SIMRILL, WITHERSPOON, MAHAFFEY and HOSEY withdrew their requests for debate on the following Bill:

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE


Printed Page 4460 . . . . . Wednesday, May 28, 2008

INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.

S. 1232--REQUEST FOR DEBATE WITHDRAWN

Rep. TOOLE withdrew his request for debate on S. 1232 (Word version); however, other requests for debate remained on the Bill.

S. 981--REQUEST FOR DEBATE WITHDRAWN

Rep. MCLEOD withdrew his request for debate on S. 981 (Word version); however, other requests for debate remained on the Bill.


Printed Page 4461 . . . . . Wednesday, May 28, 2008

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall S. 965 (Word version) from the Committee on Education and Public Works.
Rep. SELLERS objected.

S. 1322--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. AGNEW, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

S. 1322 (Word version) -- Senators O'Dell and Drummond: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO CHANGE THE NAME OF THE HOSPITAL TO THE "ABBEVILLE AREA MEDICAL CENTER" AND TO REVISE THE MANNER OF SELECTION OF MEMBERS OF THE HOSPITAL'S BOARD OF TRUSTEES.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3294 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

OBJECTION TO RECALL

Rep. FUNDERBURK asked unanimous consent to recall S. 1063 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

OBJECTION TO RECALL

Rep. FUNDERBURK asked unanimous consent to recall H. 4058 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.


Printed Page 4462 . . . . . Wednesday, May 28, 2008

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall S. 398 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

Rep. LOFTIS moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER E. H. PITTS IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

RECURRENCE TO THE MORNING HOUR

Rep. CLEMMONS moved that the House recur to the Morning Hour, which was agreed to.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

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


Printed Page 4463 . . . . . Wednesday, May 28, 2008

HIGHER LEARNING LOCATED IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM REQUIRED FOR THE IMPOSITION OF THE TAX, THE DURATION OF THE TAX, NOT TO EXCEED FIFTEEN YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE.

S. 691--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY


Printed Page 4464 . . . . . Wednesday, May 28, 2008

AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20724SD08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.


Printed Page 4465 . . . . . Wednesday, May 28, 2008

Amend the bill further, as and if amended, by striking SECTION 9 and inserting:
/SECTION   9.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-1755.   It is not unlawful to sell the individual feathers of lawfully taken wild turkeys, provided this does not authorize the sale of beards or capes defined as the connected feathers of the turkey along the back or fans defined as the entire tail feathers."/
Amend the bill further, as and if amended, by striking SECTION 10 and inserting:
/SECTION   10.   Sections 50-3-360, 50-11-30, 50-11-170, 50-11-550, 50-13-20, 50-13-90, 50-13-980, 50-13-1010, 50-13-1020, 50-19-2220, 50-19-2230, and 50-19-3010 of the 1976 Code are repealed.   /
Amend the bill further, as and if amended, by adding the following new SECTIONS to be appropriately numbered:
/SECTION   ____.   Section 50-11-310 of the 1976 Code, as last amended by Act 289 of 2006, is further amended to read:

"Section 50-11-310.   (A)   The open season for taking antlered deer is:

(1)   In Game Zone 1: October 1 through October 10, with primitive weapons only; October 11 through October 16, and October 31 through January 1, with archery equipment and firearms.

(2)   In Game Zone 2: September 15 through September 30, with archery equipment only, October 1 through October 10, with primitive weapons only; October 11 through January 1, with archery equipment and firearms.

(3)   In Game Zone 3: August 15 through January 1, with archery equipment and firearms.

(4)   In Game Zone 4: September 1 through September 14, with archery equipment and September 15 through January 1, with archery equipment and firearms.

(5)   In Game Zone 5: August 15 through August 31, with archery equipment and September 1 through January 1, with archery equipment and firearms.

(6)   In Game Zone 6: August 15 through January 1, with archery equipment and firearms.

(B)   In Game Zones 1 and 2, and on WMA lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer. In Game Zones


Printed Page 4466 . . . . . Wednesday, May 28, 2008

1 and 2, it is unlawful to pursue deer with dogs, and it is unlawful to bait for deer.

(C)   In Game Zones 1 and 2, and on On WMA lands, the department may promulgate regulations in accordance with the Administrative Procedures Act to establish the methods for hunting and taking of deer and for other restrictions for hunting and taking deer.

(C)(D)   It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.

(E)   For special primitive weapons seasons, primitive weapons include bow and arrow, crossbows, and muzzle-loading shotguns of twenty gauge or larger, and rifles of .36 caliber or larger with open or peep sights or scopes, which use black powder or a black powder substitute that does not contain nitro-cellulose or nitro-glycerin components as the propellant charge. There are no restrictions on ignition systems including flintstone, percussion cap, shotgun primer, disk, or electronic. During primitive weapons season, no revolving rifles are permitted."
SECTION   ____.   Section 50-11-335 of the 1976 Code, as last amended by an unnumbered act of 2008 bearing ratification number 183, is further amended to read:

"Section 50-11-335.   The bag limit on antlered deer is:

(1)   Game Zones 1 and 2: as set by the department;

(2)   Game Zone 4: not more than five for all seasons combined;

(3)   Game Zones 3, 5, and 6:   no daily or season limit.
Each animal over the limit is a separate offense.

(1)   Game Zones 1 and 2: not more than five for all seasons combined;

(2)   Game Zones 3, 4, 5, and 6: no daily or season limit.
Each animal over the limit is a separate offense."   /
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.

Reps. M. A. PITTS and OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20733SD08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 9, BEGINNING ON PAGE 6, AND INSERTING:
/SECTION   9.   The 1976 Code is amended by adding:


Printed Page 4467 . . . . . Wednesday, May 28, 2008

"Section 50-11-515.   (A)   An American Indian artist, who is a member of a tribe recognized by (1) Public Law 101-644, the Indian Arts and Crafts Board Act, and (2) the state's Commission on Minority Affairs pursuant to Section 1-31-40, may use wild turkey feathers in arts and crafts that are offered for sale and sold to the general public if the artist has on his person a tribal identification card demonstrating his authorization pursuant to the Indian Arts and Crafts Board Act.

(B)   This section does not authorize the sale of other parts of wild turkeys, whether taken lawfully or unlawfully, including, but not limited to, capes, beards, and fans."/
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 980--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. J. E. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 980 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 20-7-121, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, PURPOSE, AND ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT NOTHING PROHIBITS A COUNTY FROM PROVIDING GUARDIAN AD LITEM SERVICES IF THE COUNTY'S PROGRAM IS CERTIFIED BY THE NATIONAL COURT APPOINTED SPECIAL ADVOCATE ASSOCIATION AND TO PROVIDE THAT THIS SUBARTICLE APPLIES TO SUCH PROGRAMS; TO AMEND SECTIONS 20-7-126 AND 20-7-127, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO CONFIDENTIALITY OF RECORDS AND IMMUNITY FROM LIABILITY, SO AS TO FURTHER SPECIFY THAT THESE PROVISIONS APPLY TO COUNTY GUARDIAN AD LITEM PROGRAMS; AND TO AMEND SECTION 20-7-129, AS AMENDED, RELATING TO FUNDING PROVIDED BY THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT


Printed Page 4468 . . . . . Wednesday, May 28, 2008

SUCH FUNDING IS NOT REQUIRED TO BE PROVIDED BY THE GENERAL ASSEMBLY FOR A COUNTY GUARDAIN AD LITEM PROGRAM.

H. 4334--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

Rep. MULVANEY moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3006--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill were taken up for consideration:

H. 3006 (Word version) -- Reps. J. E. Smith, G. R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips, Whipper and Bowen: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND


Printed Page 4469 . . . . . Wednesday, May 28, 2008

ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.

Rep. LOFTIS proposed the following Amendment No. 2A (Doc Name COUNCIL\NBD\12380AC08), which was ruled out of order:
Amend the bill, as and if amended, Section 56-5-3430(D) on page 3, line 29 after /bicycles/ by inserting /and when riding on the roadway must not impede the flow of traffic/
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 2A was out of order in that it was identical to a previously tabled amendment.
SPEAKER HARRELL sustained the Point of Order and ruled the Amendment out of order.

Rep. J. E. SMITH proposed the following Amendment No. 4A (Doc Name COUNCIL\GGS\22133AC08), which was adopted:
Amend the bill, as and if amended, by deleting Section 56-5-3500 on page 5 and inserting:
/   Section 56-5-3500.   (A)   It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article. Except as otherwise provided, in the absence of another violation being


Printed Page 4470 . . . . . Wednesday, May 28, 2008

cited, a violation of this article by the driver of a motor vehicle is subject to a civil fine of up to one hundred dollars unless a bicyclist is injured as a result of the violation.

(B)   In the absence of another violation being cited, a person driving a motor vehicle who violates a provision of this article and the violation is the proximate cause of a:

(1)   minor injury to a bicyclist, must be assessed a civil fine of up to five hundred dollars; or

(2)   great bodily injury, as defined in Section 56-5-2945, to a bicyclist, must be assessed a civil fine of not more than one thousand dollars.   /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Rep. LOFTIS proposed the following Amendment No. 5A (Doc Name COUNCIL\NBD\12387AC08), which was tabled:
Amend the bill, as and if amended, Section 56-5-3430(D) on page 3, line 29 after /bicycles/ by inserting /and when riding two abreast on the roadway must not impede the flow of traffic/
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.

Rep. J. E. SMITH moved to table the amendment, which was agreed to by a division vote of 49 to 22.

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 3006, attending a Conference Committee meeting on H. 4662. If I had been present, I would have voted in favor of the Bill.

Rep. Eric Bedingfield


Printed Page 4471 . . . . . Wednesday, May 28, 2008

H. 3674--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill were taken up for consideration:

H. 3674 (Word version) -- Reps. Cato, Perry, J. H. Neal, Chellis, Harvin, F. N. Smith, Bedingfield, Simrill, Crawford, Leach, W. D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G. R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT", TO ESTABLISH PROCEDURES FOR A HEALTH INSURER TO PAY OR REIMBURSE A PROVIDER FOR HEALTH CARE SERVICES FURNISHED BY THE PROVIDER, INCLUDING, AMONG OTHER THINGS, TIMEFRAMES WITHIN WHICH A CLAIM FOR SERVICES RENDERED, WHICH HAS NOT MATERIAL DEFECT OR IMPROPRIETY, MUST BE PAID BY AN INSURER, CONDITIONS WHICH CONSTITUTE A CONTESTED CLAIM, INTEREST RATES AND OTHER FEES THAT MAY BE RECOVERED FOR CLAIMS NOT PAID OR PROPERLY DISPUTED WITHIN THE TIMEFRAMES PROVIDED, THE APPLICABILITY OF UNFAIR TRADE PRACTICES, TIMEFRAMES WITHIN WHICH AN INSURER SEEKING A REFUND OF A PAYMENT MADE FOR HEALTH CARE SERVICES RENDERED MUST REQUEST THE REFUND, AND PROVISIONS LIMITING THE NUMBER OF SERVICES AND SUPPLIES REQUIRING PREAUTHORIZATION BY AN INSURER; AND TO AMEND SECTION 38-71-230, RELATING TO WRITTEN NOTICE WHICH MUST BE PROVIDED BY INSURERS OF CLAIM POLICIES AND PROCEDURES AND THE ADOPTION OF STANDARDIZED CLAIM FORMS, SO AS TO REVISE CERTAIN CLAIM FORM NUMBERS.

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12388AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 4472 . . . . . Wednesday, May 28, 2008

/SECTION   1.   Title 38, Chapter 59 of the 1976 Code is amended by adding:

"Article 2
South Carolina Health Care Financial Recovery and Protection Act

Section 38-59-200.   This article may be cited as the 'South Carolina Health Care Financial Recovery and Protection Act'.

Section 38-59-210.   As used in this article:

(1)   'Insurer' means an insurance company, a health maintenance organization, and any other entity providing health insurance coverage, as defined in Section 38-71-670(6), which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation.

(2)   'Health care services' means services included in furnishing an individual medical care or hospitalization, or services incident to the furnishing of medical care or hospitalization, and other services to prevent, alleviate, cure, or heal human illness, injury, or physical disability.

(3)   'Health maintenance organization' means an organization as defined in Section 38-33-20(8).

(4)   'Health insurance plan' means a health insurance policy or health benefit plan offered by a health insurer or a health maintenance organization that provides health insurance coverage, as defined in Section 38-71-670(6).

(5)   'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.

(6)   'Provider' means a physician, hospital, or other person properly licensed, certified, or permitted, where required, to furnish health care services.

(7)   'Participating provider' means a provider who provides covered health care services to an insured or a member pursuant to a contract with an insurer or health insurance plan.

(8)   'Clean claim' means an eligible electronic or paper claim for reimbursement that:

(a)   is received by the insurer within one hundred twenty business days of the date the health care services at issue were performed;

(b)(i)   when submitted via paper has all the elements of the standardized CMS 1500 or UB 04 claim form, or the successor of each as either may be amended from time to time; or


Printed Page 4473 . . . . . Wednesday, May 28, 2008

(ii)   when submitted via an electronic transaction, uses only permitted standard code sets and has all the elements of the standard electronic formats as required by the Health Insurance Portability and Accountability Act of 1996 and other federal and state regulatory authority;

(c)   is for health care services covered by the health insurance plan and rendered to an insured person by a provider eligible for reimbursement under the health insurance plan;

(d)   has any corresponding referral that may be required for the applicable claim;

(e)   is a claim for which the insurer is the primary payor, or for which the insurer's responsibility as a secondary payor has been clearly established;

(f)   has no material defect, error, or impropriety that would affect the adjudication of the claim;

(g)   includes all required substantiating documentation or coding;

(h)   is not subject to any particular circumstance that the insurer reasonably believes, subject to review by the Department of Insurance, would prevent accurate or timely payment from being made on the claim under the terms of the health insurance plan, the participating provider agreement, or the insurer's published filing requirements; and

(i)     is under a health insurance plan for which the insurer has been timely paid all applicable premiums.

(9)   'Force majeure' means any act of God, governmental act, act of terrorism, war, fire, flood, earthquake, hurricane, or other natural disaster, explosion or civil commotion.

Section 38-59-220.   (A)   Within six months of the effective date of this article, each insurer, upon written request from a physician who is also a participating provider will provide, by CD-ROM, or electronically at the insurer's option, the fee schedule that is contracted with that physician for up to 100 CPT(r) Codes customarily and routinely used by the specialty type of such physician. Each physician may request from an insurer an updated fee schedule no more than two times annually.

(B)   A physician requesting a fee schedule pursuant to subsection (A) may elect to receive a hard copy of the fee schedule in lieu of the foregoing; however, the insurer may charge the physician a reasonable fee to cover the increased administrative costs of providing the hard copy.


Printed Page 4474 . . . . . Wednesday, May 28, 2008

(C)   The physician shall keep all fee schedule information provided pursuant to this section confidential. The physician shall disclose fee schedule information only to those employees of the physician who have a reasonable need to access this information in order to perform their duties for the physician and who have been placed under an obligation to keep this information confidential. Any failure of a physician's office to abide by this subsection shall result in the physician's forfeiture of the right to receive fee schedules pursuant to this section and at the option of the insurer may constitute a breach of contract by the physician.

(D)   Nothing in this section prohibits an insurer from basing actual compensation to the physician on the insurer's maximum allowable amount or other contract adjustments, including those stated in the patient's plan of benefits, or both.

Section 38-59-230   (A).   An insurer shall direct the issuance of a check or an electronic funds transfer in payment for a clean claim that is submitted via paper within forty business days following the later of the insurer's receipt of the claim or the date on which the insurer is in receipt of all information needed and in a format required for the claim to constitute a clean claim and is in receipt of all documentation which may be requested by an insurer which is reasonably needed by the insurer:

(1)   to determine that such claim does not contain any material defect, error, or impropriety; or

(2)   to make a payment determination.

(B)   An insurer shall direct the issuance of a check or an electronic funds transfer in payment for a clean claim that is submitted electronically within twenty business days following the later of the insurer's receipt of the claim or the date on which the insurer is in receipt of all information needed and in a format required for the claim to constitute a clean claim and is in receipt of all documentation which may be requested by an insurer which is reasonably needed by the insurer:

(1)   to determine that such claim does not contain any material defect, error, or impropriety; or

(2)   to make a payment determination.

(C)   An insurer shall affix to or on paper claims, or otherwise maintain a system for determining, the date claims are received by the insurer. An insurer shall send an electronic acknowledgement of claims submitted electronically either to the provider or the provider's designated vendor for the exchange of electronic health care


Printed Page 4475 . . . . . Wednesday, May 28, 2008

transactions. The acknowledgement must identify the date claims are received by the insurer. If an insurer determines that there is any defect, error, or impropriety in a claim that prevents the claim from entering the insurer's adjudication system, the insurer shall provide notice of the defect or error either to the provider or the provider's designated vendor for the exchange of electronic health care transactions within twenty business days of the submission of the claim if it was submitted electronically or within forty business days of the claim if it was submitted via paper. Nothing contained in this section is intended or may be construed to alter an insurer's ability to request clinical information reasonably necessary for the proper adjudication of the claim or for the purpose of investigating fraudulent or abusive billing practices.

(D)   A clearinghouse, billing service, or any other vendor that contracts with a provider to deliver health care claims to an insurer on the provider's behalf is prohibited from converting electronic claims received from the provider into paper claims for submission to the insurer. A violation of this subsection constitutes an unfair trade practice under Chapter 5, Title 39, and individual providers and insurers injured by violations of this subsection have an action for damages as set forth in Section 39-5-140.

Section 38-59-240.   (A)   For each clean claim with respect to which an insurer has directed the issuance of a check or the electronic funds transfer later than the applicable period specified in Section 38-59-230, the insurer shall pay interest in the same manner and at the same rate set forth in Section 34-31-20(A) on the balance due on each claim computed from the twenty-first or the forty-first business day, as appropriate, based on the circumstances described in Section 38-59-230, up to the date on which the insurer directs the issuance of the check or the electronic funds transfer for payment of the clean claim. At the insurer's election, interest paid pursuant to this section must be included in the claim payment check or wire transfer or must be remitted periodically, but at least quarterly, in a separate check or wire transfer along with a report detailing the claims for which interest is being paid.

(B)   No insurer has an obligation to make any interest payment pursuant to subsection (A), which was adopted:

(1)   with respect to any clean claim if within twenty business days of the submission of an original claim submitted electronically or within forty business days of an original claim submitted via paper, a


Printed Page 4476 . . . . . Wednesday, May 28, 2008

duplicate claim is submitted while the adjudication of the original claim is still in process;

(2)   to any participating provider who balance bills a plan member in violation of the participating provider's agreement with the insurer;

(3)   with respect to any time period during which a force majeure prevents the adjudication of claims; or

(4)   when payment is made to a plan member.

Section 38-59-250.   (A)(1)   An insurer shall initiate any overpayment recovery efforts by sending a written notice to the provider at least thirty business days prior to engaging in the overpayment recovery efforts, other than for recovery of duplicate payments or other similar adjustments relating to:

(a)   claims where a provider has received payment for the same services from another payor whose obligation is primary; or

(b)   timing or sequence of claims for the same insured that are received by the insurer out of chronological order in which the services were performed.

(2)   The written notice required by this section shall include:

(a)   the patient's name;

(b)   the service date;

(c)   the payment amount received by the provider; and

(d)   a reasonably specific explanation of the change in payment.

(B)   An insurer may not initiate overpayment recovery efforts more than eighteen months after the initial payment was received by the provider; however, this time limit does not apply to the initiation of overpayment recovery efforts:

(1)   based upon a reasonable belief of fraud or other intentional misconduct;

(2)   required by a self-insured plan; or

(3)   required by a state or federal government program.

Section 38-59-260.   The requirements of this article do not apply to claims that are processed under any national account delivery program in which an insurer participates but is not solely responsible for the processing and payment of the claims, or claims for services under a program offered or sponsored by any state or federal governmental entity other than in its capacity as an employer, or both.

Section 38-59-270.   The Department of Insurance shall enforce the provisions of this article. If, after due notice and hearing, the director of the Department of Insurance or his designee determines that an


Printed Page 4477 . . . . . Wednesday, May 28, 2008

insurer has failed to meet the obligations imposed by this article, he shall order the insurer to cease and desist from the practice, to correct any errant business practices, and to make any payments due, including applicable interest. If an insurer does not comply with the order within thirty days, the director or his designee may then impose a penalty as provided in Section 38-2-10. Nothing in this article may be construed to create a private right of action to enforce the specific provisions of this article."
SECTION   2.   Section 38-71-230 (B) and (C) of the 1976 Code are amended to read:

"(B)   An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a licensed physician in South Carolina must accept the standardized HCFA CMS 1500 claim form, or its successor as it may be amended from time to time. An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a hospital licensed in South Carolina shall accept the standardized UB 82 04 claim form, or its successor as it may be amended from time to time.

(C)   The HCFA CMS 1500 or the UB 82 04 claim form or the successor of each or as either may be amended from time to time may be altered only with a customized logo which must appear in the top portion of the claim form one inch vertical from the top."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   This act takes effect one year after approval by the Governor./
Renumber sections to conform.
Amend title to conform.


Printed Page 4478 . . . . . Wednesday, May 28, 2008

Rep. CATO explained the amendment.
The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

S. 950--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.

Rep. WHITE explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1058--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 1058 (Word version) -- Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS


Printed Page 4479 . . . . . Wednesday, May 28, 2008

ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.

Rep. HARRISON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 311--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

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

Rep. E. H. PITTS explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4480 . . . . . Wednesday, May 28, 2008

S. 104--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.

Rep. HARRISON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3159--POINT OF ORDER

The Senate Amendments to the following Bill were taken up for consideration:

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G. R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT HISTORICAL DOCUMENTS AND EDUCATIONAL AND INFORMATIONAL MATERIAL REGARDING THE HISTORY AND BACKGROUND OF AMERICAN LAW MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Rep. DELLENEY explained the Senate Amendments.

Rep. PERRY spoke against the Senate Amendments.


Printed Page 4481 . . . . . Wednesday, May 28, 2008

POINT OF ORDER

Rep. RICE made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4900--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J. R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D. C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4482 . . . . . Wednesday, May 28, 2008

H. 4921--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4921 (Word version) -- Reps. Moss, M. A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".

Rep. WITHERSPOON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 5137--ADOPTED

The following House Resolution was taken up:

H. 5137 (Word version) -- Rep. Harrison: A HOUSE RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES THAT PERSONS OFFERING FOR OR HOLDING PUBLIC OFFICE SHOULD ADHERE TO A VOLUNTARY CODE OF ETHICS AND PROFESSIONAL CONDUCT WHICH THEY SHOULD FOLLOW DURING THEIR TERM OF PUBLIC SERVICE.

Whereas, the members of the House of Representatives believe that out of respect for the citizens of the State of South Carolina and the United States of America, public officials and candidates running for public office should adhere to a voluntary code of ethics and professional conduct which supports the moral values necessary for a good government for all people, regardless of race or color, creed or gender, and advances the purpose and mission of their profession, their party, this State, and this nation; and

Whereas, to ensure and promote the public trust, the members of the House of Representatives further believe that public officials and candidates running for public office as part of this code of ethics should conduct themselves and make decisions in an objective, impartial, and


Printed Page 4483 . . . . . Wednesday, May 28, 2008

unbiased manner and in the best interest of all the citizenry of South Carolina; and

Whereas, in order to recognize and affirm the inherent worth and dignity of all persons, the members of the House of Representatives also believe that public officials and candidates running for public office as part of this code of ethics should discharge their duties with compassion and concern for all those they serve, regardless of race or color, creed or gender; and

Whereas, in furtherance of this purpose and as part of this code of ethics identified above, the members of the House of Representatives finally believe that candidates offering for or holding public office should refrain from using race or color, creed or gender, whether by words, action, or implication, either to enhance their candidacy or to demean the candidacy of their opponents. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives express their belief that persons offering for or holding public office should adhere to a voluntary code of ethics and professional conduct which they should follow during their term of public service.

Be it further resolved that the clerk of the House shall forward copies of this resolution to such print and broadcast media outlets, civic clubs, and other organizations or entities he considers appropriate in order to give this resolution the widest dissemination possible.

The Resolution was adopted.

H. 5089--ADOPTED

The following House Resolution was taken up:

H. 5089 (Word version) -- Rep. Govan: A HOUSE RESOLUTION TO ESTABLISH A TASK FORCE ON JUVENILE STATUS OFFENDERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; AND TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES BEFORE JANUARY 13, 2009, AT WHICH TIME THE TASK FORCE IS ABOLISHED.


Printed Page 4484 . . . . . Wednesday, May 28, 2008

Whereas, a status offense is an offense committed by a person under seventeen years of age which would not be a misdemeanor or felony if committed by an adult; and

Whereas, status offenses include, among other offenses, incorrigibility, truancy, and running away; and

Whereas, the age of juveniles in South Carolina subject to the jurisdiction of the family court and juvenile justice system for status offenses is under seventeen years of age; and

Whereas, the responsibility of parents for their children exists until the child reaches the age of eighteen; and

Whereas, because of the gap between the ages of seventeen and eighteen in South Carolina law, the Department of Juvenile Justice and the family court do not have the authority to provide services or resources or to intervene to assist parents whose seventeen year old children are truant or who engage in incorrigible conduct; and

Whereas, parents often are at a loss as to how to protect and assist their seventeen year old children, and while responsible for their children under current law, they are unable to receive assistance from the State; and

Whereas, it is incumbent upon the State to study this issue and examine the possible solutions to this problem. Now, therefore,

Be it resolved by the House of Representatives:

A.   There is established the Task Force on Juvenile Status Offenders to study the incidence of juveniles committing status offenses, with an emphasis on seventeen year olds who engage in conduct that, but for being seventeen years of age, would be in violation of the law for committing a status offense. The task force shall concentrate on truancy and incorrigibility engaged in by seventeen year olds and shall review the issues related to such conduct, including, but not limited to, the outcome of such conduct, the impact on the family, the availability of community services and resources to address these issues, and potential solutions to this problem. The task force shall examine the fiscal and administrative impact of amending


Printed Page 4485 . . . . . Wednesday, May 28, 2008

the law to apply status offenses to seventeen year olds, thereby placing seventeen year olds under the jurisdiction of the family court for the purpose of adjudicating these offenses and under the Department of Juvenile Justice when these offenders are committed to the custody or care of the department.

B.   The task force must be composed of:

(1)   the following members to be appointed by the Speaker of the House of Representatives:

(a)   two members of the House Judiciary Committee;

(b)   two members of the House Education and Public Works Committee;

(c)   two members of the House Ways and Means Committee;

(d)   two members of the House Medical, Military, Public and Municipal Affairs Committee; and

(e)   two representatives of law enforcement;

(2)   the Director of the Department of Juvenile Justice, or a designee;

(3)   the State Superintendent of Education, or a designee;

(4)   a family court judge appointed by the Chief Justice of the South Carolina Supreme Court.

C.   Staff assistance must be provided to the task force by committee staff of the House of Representatives with assistance from the Department of Juvenile Justice and the Department of Education.

D.   The task force shall submit a report containing its findings and recommendations to the House of Representatives before January 13, 2009, at which time the task force is abolished.

The Resolution was adopted.

S. 959--RECOMMITTED

The following Concurrent Resolution was taken up:

S. 959 (Word version) -- Senators Elliott, Rankin, Cleary and McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE MAIN STREET CONNECTOR BRIDGE THAT CROSSES THE INTRACOASTAL WATERWAY IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".


Printed Page 4486 . . . . . Wednesday, May 28, 2008

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

H. 5029--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5029 (Word version) -- Reps. Witherspoon and Loftis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDERTAKE THE ACTIONS PRESCRIBED AND REQUIRED BY THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT TO PROMULGATE, AS REGULATIONS, THOSE POLICIES OF THE SOUTH CAROLINA COASTAL ZONE MANAGEMENT PLAN THAT ARE BOTH RELEVANT AND APPROPRIATE.

Whereas, the Coastal Zone is important to the social, environmental, and economic well being of the citizens of South Carolina; and

Whereas, the environmental regulation of the natural resources of this geographic region affects the social, environmental, and economic interest of all South Carolinians; and

Whereas, certain activities important to the South Carolina economy may have direct and significant impact upon coastal waters; and

Whereas, questions persist as to the enforceability of the policies contained in the South Carolina Coastal Zone Management Plan; and

Whereas, South Carolina's citizens deserve to know if requirements imposed upon them by State agencies are lawful; and

Whereas, Section 1-23-10 of the 1976 Code of Laws of South Carolina requires that for state agency policies to be enforceable they must be promulgated as regulations pursuant to the South Carolina Administrative Procedures Act; and

Whereas, these Coastal Zone Management policies were formulated over thirty years ago but were never promulgated as regulations; and


Printed Page 4487 . . . . . Wednesday, May 28, 2008

Whereas, these policies are due a thorough review by a significant number of stakeholders in the Coastal Zone, South Carolina, and the nation; and

Whereas, streamlining the environmental permitting process in the Coastal Zone, especially as it relates to overlapping programs within the Department of Health and Environmental Control and its often overlapping jurisdiction with the United States Army Corps of Engineers, should be a primary objective of this review process. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, request that the Department of Health and Environmental Control undertake the actions prescribed and required by the South Carolina Administrative Procedures Act to promulgate, as regulations, those policies of the South Carolina Coastal Zone Management Plan that are both relevant and appropriate.

Be it further resolved that a copy of this resolution be forwarded to the chairman of the board and to the commissioner of the Department of Health and Environmental Control.

The Concurrent Resolution was adopted and sent to the Senate.

H. 5186--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5186 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 261 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76/378 TO THE SUMTER/KERSHAW COUNTY LINE THE "MAJOR GENERAL GEORGE L. MABRY, JR. CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS


Printed Page 4488 . . . . . Wednesday, May 28, 2008

"MAJOR GENERAL GEORGE L. MABRY, JR. CONGRESSIONAL MEDAL OF HONOR RECIPIENT MEMORIAL HIGHWAY".

Whereas, thirty-seven citizens with South Carolina roots have received the Congressional Medal of Honor since its inception; and

Whereas, George L. Mabry, Jr., was one of these South Carolinians; and

Whereas, born in Sumter County on September 14, 1917, Mr. Mabry entered the service in Sumter achieving the rank of Major General in the United States Army before he retired in 1975 with thirty-five years of active military service; and

Whereas, he received the Congressional Medal of Honor for exemplary service and heroic leadership above and beyond the call of duty while commanding the 2nd Battalion, 8th Infantry in an attack through the Hurtgen Forest near Schevenhutte, Germany, on November 20, 1944; and

Whereas, George Mabry, without concern for his own safety, traversed a minefield in the face of enemy opposition and led his battalion across 300 yards of fire-swept terrain to siege elevated ground upon which he established a defensive position that menaced the enemy on both flanks and provided his regiment a firm foothold on the approach to the Cologne Plain; and

Whereas, Major General Mabry's tenacious efforts, while showing superior courage, daring, and leadership in an operation of major importance, exemplify the finest characteristics of military service; and

Whereas, it is fitting and proper for the members of the General Assembly to publicly recognize and honor the memory of Major General George L. Mabry, Jr., by naming a portion of South Carolina Highway 261 in Sumter County in his honor. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation name the portion of South Carolina


Printed Page 4489 . . . . . Wednesday, May 28, 2008

Highway 261 in Sumter County from its intersection with United States Highway 76/378 to the Sumter/Kershaw County line the "Major General George L. Mabry, Jr. Congressional Medal of Honor Recipient Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Major General George L. Mabry, Jr. Congressional Medal of Honor Recipient Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHOOPMAN.

SPEAKER PRO TEMPORE IN CHAIR

S. 970--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 970 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.

Rep. Crawford proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12347AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 44-29-135 of the 1976 Code is amended to read:

"Section 44-29-135.   All information and records held by the Department of Health and Environmental Control and its agents


Printed Page 4490 . . . . . Wednesday, May 28, 2008

relating to a known or suspected case of a sexually transmitted disease or a bloodborne disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:

(a)   release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or

(b)   release is made of medical or epidemiological information with the consent of all persons identified in the information released;

(c)   release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;

(d)   release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or

(e)   in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If However, if the department has received a report, from any reporting source, that a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, or another bloodborne disease and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified the department shall provide the school nurse at the minor's school with nonidentifying information that a student in the school has a bloodborne disease and with information regarding proper action to be taken in the school and with students concerning prevention and treatment of exposure."
SECTION   2.   Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-137.   A school nurse, or other school official, who knows of, or who has reason to believe, that there has been a transmission of blood or bodily fluids between or among students due to an incident occurring on school property or at a school-sponsored or school-sanctioned event shall report such incidents to the Department of Health and Environmental Control."


Printed Page 4491 . . . . . Wednesday, May 28, 2008

SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. CRAWFORD explained the amendment.

Rep. HARVIN moved to adjourn debate on the amendment.
Rep. CRAWFORD moved to table the motion, which was agreed to.

The amendment was then adopted by a division vote of 44 to 13.

Rep. Sellers proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3913DW08), which was adopted:
Amend the amendment, sponsored by Rep. CRAWFORD to the bill, as and if amended, bearing document number P:\Legwork\ House\Amend\Council\NBD\12347AC08, dated May 20, 2008, by striking Section 44-29-135(e) as contained in SECTION 1, and inserting:
/   (e)   in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified. /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION __.     Article 2, Chapter 10, Title 59 of the 1976 Code is amended by adding:

"Section 59-10-220.   By January 1, 2009, each school district shall adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for bloodborne disease exposure and shall communicate written notice of these procedures to each school within the district. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques." /
Renumber sections to conform.
Amend title to conform.


Printed Page 4492 . . . . . Wednesday, May 28, 2008

Rep. SELLERS explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 97; Nays 0

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Bales                  Ballentine             Barfield
Bedingfield            Bingham                Bowen
Brady                  Branham                Brantley
Breeland               G. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Govan                  Gullick
Haley                  Hamilton               Hardwick
Harrell                Harvin                 Haskins
Hayes                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Littlejohn
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Miller
Mitchell               Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Thompson               Umphlett
Viers                  Walker                 Whipper

Printed Page 4493 . . . . . Wednesday, May 28, 2008

White                  Williams               Witherspoon
Young

Total--97

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. E. H. PITTS a leave of absence for the remainder of the day due to National Guard responsibilities.

S. 951--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19204MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.A.   Section 12-33-245(C) of the 1976 Code, as last amended by Act 36 of 2007, is further amended to read:

"(C)   Those state agencies and local entities, including counties, which are allocated and receive by law received minibottle tax revenues in Fiscal Year 2004-2005 for education, prevention, and other purposes, shall receive in a fiscal year at least the same amount of


Printed Page 4494 . . . . . Wednesday, May 28, 2008

revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did received from minibottle tax revenues during Fiscal Year 2004-2005. If these state agencies and local entities do not, the difference must be made up from the general fund. Payments will be distributed in four equal payments based on the total payments remitted to these state agencies and entities in Fiscal Year 2004-2005, including funds allocated received pursuant to Section 6-27-40(B). At the end of each fiscal year, the State Treasurer, in consultation with the Department of Revenue, shall determine whether the tax collected pursuant to these sections exceed the total collection and remittance for Fiscal Year 2004-2005. If the tax collected exceeds the amount collected and allocated in Fiscal Year 2004-2005, a distribution of the difference will be remitted to the county treasurers within thirty days after the close of each fiscal year."
B.   This section takes effect upon approval by the Governor and first applies for excise tax revenues distributed for Fiscal Year 2007-2008.
SECTION   2.A.   Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2)   'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals and that:

(a)   is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;

(b)   has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and

(c)   prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open."
B.   Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:

"( )   For purposes of this section:

(1)   'Kitchen' means a separate and distinct area of the business establishment that is used solely for the preparation, serving,


Printed Page 4495 . . . . . Wednesday, May 28, 2008

and disposal of solid foods that make up meals. The area must be adequately equipped for the cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2)   'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal.

(3)   'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION   3.   Section 61-6-1636 of the 1976 Code, as added by Act 139 of 2005, is amended by adding an appropriately lettered subsection at the end to read:

"( )   A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, on or before the last day of February following the calendar year of sales of alcoholic liquors to a person licensed by this article to sell alcoholic liquors for on-premises consumption, must file with the department a report prescribed by the department of sales to persons licensed to sell alcoholic liquors for on-premises consumption. The report must include the name and license number of the purchaser and the date and quantity of the sale by brand and bottle size. Failure to file the required report constitutes a violation of the Alcoholic Beverage Control Act and the department may suspend or revoke the license of the retail dealer."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.

Rep. PERRY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12341HTC08):


Printed Page 4496 . . . . . Wednesday, May 28, 2008

Amend the bill, as and if amended, page 951-3, by striking SECTION 3 and inserting:
/ SECTION   3.   Section 12-33-245 of the 1976 Code, as last amended by Act 36 of 2007, is further amended by adding a new subsection at the end to read:

"(D)   In addition to all other penalties that may be imposed for violations arising pursuant to subsection (A) of this section, a failure to report and remit the full amount of the excise tax imposed pursuant to subsection (A) on the gross proceeds of the sale of each drink of alcoholic liquor sold for consumption in the establishment subjects the licensee to the following penalties:

(1)   for a first violation, a civil penalty of one thousand dollars;

(2)   for a second violation, a civil penalty of one thousand dollars and an automatic suspension for thirty days of the license allowing such sales./
Renumber sections to conform.
Amend title to conform.

Rep. PERRY explained the amendment.

Rep. SCOTT moved to adjourn debate on the Bill, which was agreed to.

S. 918--DEBATE ADJOURNED

Rep. SPIRES moved to adjourn debate upon the following Bill, which was adopted:

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


Printed Page 4497 . . . . . Wednesday, May 28, 2008

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

S. 1159--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. TALLEY moved to reconsider the vote whereby debate was adjourned on the following Bill, which was taken up and agreed to:

S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7660AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 61-4-90 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-4-90.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:

(1)   for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and


Printed Page 4498 . . . . . Wednesday, May 28, 2008

(2)   for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)   A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

(C)   The provisions of this section do not apply to a:

(1)   spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;

(2)   parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or

(3)   person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

(D)   A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(E)   This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(F)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's


Printed Page 4499 . . . . . Wednesday, May 28, 2008

required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.

(G)   The South Carolina State Law Enforcement Division, within thirty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section."
SECTION   2.   Section 61-6-4070 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-6-4070.   (A)   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:

(1)   for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)   for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)   A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.

(C)   The provisions of this section do not apply to a:

(1)   spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;

(2)   parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or

(3)   person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

(D)   A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(E)   This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.


Printed Page 4500 . . . . . Wednesday, May 28, 2008

(F)   The provisions of this section do not apply to a student who:

(1)   is eighteen years of age or older;

(2)   is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;

(3)   is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)   tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.

(G)   The South Carolina State Law Enforcement Division, within thirty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section."
SECTION   3.   Section 20-7-8920(F) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(F)   The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency or an establishment that sells beer or wine to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency or the establishment that sells beer or wine, and the agency must have the person's parental consent."
SECTION   4.   Section 20-7-8925(E) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(E)   The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency or an establishment that sells alcoholic liquors to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency or


Printed Page 4501 . . . . . Wednesday, May 28, 2008

the establishment that sells alcoholic liquors, and the agency must have the person's parental consent."
SECTION   5.     Section 61-4-50 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-4-50.   (A)   It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section, upon conviction:

(1)   for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)   for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)   At the time the person who has unlawfully sold beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment also must be notified of the violation.

(C)   The South Carolina State Law Enforcement Division, within thirty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section.

(D)   Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.

(C)(E)   A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION   6.   Section 61-6-4080 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-6-4080.   (A)   A person engaged in the sale of alcoholic liquors who knowingly sells the alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor and, upon conviction:

(1)   for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and


Printed Page 4502 . . . . . Wednesday, May 28, 2008

(2)   for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)   At the time the person who has unlawfully sold alcoholic liquors to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment also must be notified of the violation.

(C)   The South Carolina State Law Enforcement Division, within thirty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment compliance with this section.

(D)   Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.

(C)(E)   A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION   7.   Section 61-4-1910(1) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(1)   'Keg' means a metal container of beer with a capacity of 5.16 gallons or more that is designed to dispense beer directly from the container in an off-premises location."
SECTION   8.   Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2)   'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals that:

(a)   is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal mealtimes;

(b)   has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and

(c)   prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."


Printed Page 4503 . . . . . Wednesday, May 28, 2008

SECTION   9.   Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:

"( )   For purposes of this section:

(1)   'Kitchen' means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2)   'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this section.

(3)   'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION   10.   Section 20-7-8920(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"(A)   It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both."
SECTION   11.   Section 20-7-8925(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:


Printed Page 4504 . . . . . Wednesday, May 28, 2008

"(A)   It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume,or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division."
SECTION   12.   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   13.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.
The amendment was then adopted.

Rep. TALLEY proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22122AB08), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1159-3, line 2, by striking / thirty / and inserting / sixty /
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.
The amendment was then adopted.


Printed Page 4505 . . . . . Wednesday, May 28, 2008

Rep. TALLEY proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7677AHB08), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 10 and 11 in their entirety, pages 1159-7 and 1159-8, and inserting:
/   SECTION   10.   Section 20-7-8920(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"(A)   It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both. Notwithstanding the provisions of this subsection, a person under the age of twenty-one may not be charged with a violation of this subsection for consuming beer, ale, porter, wine, or other similar malt or fermented beverage unless the law enforcement officer personally witnesses the person consuming the beer, ale, porter, wine, or other similar malt or fermented beverage."

SECTION   11.   Section 20-7-8925(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"(A)   It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. Notwithstanding the provisions of this subsection, a person under the age of twenty-one may not be charged with a violation of this subsection for consuming alcoholic liquor unless the law enforcement officer personally witnesses the person consuming the alcoholic liquor." /


Printed Page 4506 . . . . . Wednesday, May 28, 2008

Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 913--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

Reps. HARRELL and CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7669SD08), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.A.   Section 7-13-320(D) of the 1976 Code, as last amended by Act 419 of 1982, is further amended to read:

"(D)   The names of candidates offering for any other office shall must be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county or other office. The name of each candidate shall appear no more than once on the ballot. If a candidate has been nominated by multiple parties or petitions, the name of each party or petition nominating the candidate must be listed under the candidate's name."
B.   This SECTION takes effect July 1, 2009. /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.


Printed Page 4507 . . . . . Wednesday, May 28, 2008

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE stated that the Bill related to the authority of the Election Commission's Executive Director to make changes to obsolete election ballot procedures and the Amendment allowed dictated specific procedures for election ballots. He, therefore, overruled the Point of Order.

Rep. WHIPPER spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

SPEAKER IN CHAIR

Rep. J. H. NEAL continued speaking.
Rep. J. H. NEAL spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. FUNDERBURK demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 38

Those who voted in the affirmative are:

Ballentine             Barfield               Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Cooper                 Cotty                  Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hiott                  Huggins                Kelly
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Moss                   Mulvaney               Owens
Perry                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton

Printed Page 4508 . . . . . Wednesday, May 28, 2008

D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Talley
Thompson               Toole                  Umphlett
Viers                  Walker                 Witherspoon
Young

Total--61

Those who voted in the negative are:

Alexander              Anderson               Bales
Bowers                 Branham                Brantley
Breeland               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Knight                 Mack                   McLeod
Miller                 Mitchell               J. H. Neal
Neilson                Ott                    Parks
Scott                  Sellers                F. N. Smith
J. E. Smith            Stavrinakis            Weeks
Whipper                Williams

Total--38

So, the amendment was adopted.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 58; Nays 34

Those who voted in the affirmative are:

Ballentine             Barfield               Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cooper
Cotty                  Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott

Printed Page 4509 . . . . . Wednesday, May 28, 2008

Huggins                Kelly                  Leach
Littlejohn             Loftis                 Lowe
Lucas                  Moss                   Mulvaney
Owens                  Perry                  Pinson
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Thompson
Umphlett               Viers                  Witherspoon
Young

Total--58

Those who voted in the negative are:

Alexander              Anderson               Bales
Bowers                 Branham                Brantley
Breeland               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jefferson
Kirsh                  Knight                 Mack
McLeod                 Miller                 Mitchell
J. H. Neal             Neilson                Ott
Parks                  Scott                  Sellers
J. E. Smith            Weeks                  Whipper
Williams

Total--34

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on S. 913, attending a Conference Committee meeting on H. 4662. If I had been present, I would have voted in favor of the Bill.

Rep. Eric Bedingfield


Printed Page 4510 . . . . . Wednesday, May 28, 2008

S. 970--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. SELLERS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:

S. 970 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.

Reps. CRAWFORD and SELLERS proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12393AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 44-29-135 of the 1976 Code is amended to read:

"Section 44-29-135.   All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease or a bloodborne disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:

(a)   release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or

(b)   release is made of medical or epidemiological information with the consent of all persons identified in the information released;

(c)   release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;

(d)   release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or


Printed Page 4511 . . . . . Wednesday, May 28, 2008

(e)   in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified."
SECTION   2.   Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-137.   A school nurse, or other school official, who knows of, or who has reason to believe, that there has been a transmission of blood or bodily fluids between or among students due to an incident occurring on school property or at a school-sponsored or school-sanctioned event shall report such incidents to the Department of Health and Environmental Control."
SECTION   3.   Section 44-29-230(D) of the 1976 Code is amended to read:

"(D)   For purposes of this section:

(1)   'Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.

(2)   'Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies, and persons providing care in accordance with the Good Samaritan Act.

(3)   'Bloodborne diseases' means Hepatitis B, Hepatitis C, or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.

(4)   'Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:

(a)   nature of the risk;

(b)   duration of the risk;


Printed Page 4512 . . . . . Wednesday, May 28, 2008

(c)   severity of the risk;

(d)   probabilities the disease will be transmitted and will cause varying degrees of harm.

(5)     'Health care professional' means a physician, an epidemiologist, or infection control practitioner.

(6)     'Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.

(7)   'Person providing care in accordance with the Good Samaritan Act' means a person who in good faith gratuitously renders emergency care at the scene of an accident or emergency, as provided for in Section 15-1-310."
SECTION   4.   Article 2, Chapter 10, Title 59 of the 1976 Code is amended by adding:

"Section 59-10-220.   By January 1, 2009, each school district shall adopt the Centers for Disease Control and Prevention (CDC) recommendations on universal precautions for bloodborne disease exposure and shall communicate written notice of these procedures to each school within the district. The notice must provide information regarding education and training in the areas of infection control, universal precautions, and disinfection and sterilization techniques."
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. CRAWFORD explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 92; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Barfield               Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               R. Brown
Cato                   Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty

Printed Page 4513 . . . . . Wednesday, May 28, 2008

Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Frye                   Funderburk             Gambrell
Gullick                Haley                  Hamilton
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Knight                 Leach                  Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Talley                 Thompson               Toole
Umphlett               Viers                  Walker
Weeks                  Whipper                Williams
Witherspoon            Young

Total--92

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 1106--DEBATE ADJOURNED

Rep. CLEMMONS moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 4514 . . . . . Wednesday, May 28, 2008

CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

H. 4309--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

H. 4309 (Word version) -- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach, Haley, Young, Duncan, Haskins, Talley, G. R. Smith, Taylor, Cotty, Walker and Simrill: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

S. 890--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE


Printed Page 4515 . . . . . Wednesday, May 28, 2008

DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.

S. 110--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 4516 . . . . . Wednesday, May 28, 2008

DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7657AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "Uniform Expungement of Criminal Records Act".
SECTION   2.   Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.
SECTION   3.   Chapter 22, Title 17 of the 1976 Code is amended by adding:

"Article 3
Uniform Expungement of Criminal Records

Section 17-22-310.   Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:

(1)   Section 34-11-90(e), first offense misdemeanor fraudulent check;

(2)   Section 44-53-450(b), conditional discharge for simple possession of marijuana or hashish;

(3)   Section 22-5-910, first offense conviction in magistrates court;

(4)   Section 22-5-920, youthful offender act;

(5)   Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;

(6)   Section 17-22-150(a), pretrial intervention;

(7)   Section 17-1-40, criminal records destruction;

(8)   Section 20-7-8525, juvenile expungements;

(9)   Section 17-22-530(a), alcohol education program; and

(10)   any other statutory authorization.

Section 17-22-320.   The clerk of court shall direct all inquiries concerning the expungement process to the corresponding solicitor's office to make application for expungement.


Printed Page 4517 . . . . . Wednesday, May 28, 2008

Section 17-22-330.   A person applying to expunge a criminal record shall obtain the appropriate blank expungement order form from the solicitor's office in the judicial circuit where the charge initiated. The use of this form is mandatory and to the exclusion of all other expungement forms.

Section 17-22-340.   (A)   In exchange for the expungement service, the applicant is responsible for payment to the solicitor's office of an administrative fee in the amount of two-hundred-fifty-dollars per individual order, which must be retained by that office and used to defray the costs associated with the expungement process. Any person who applies for an expungement pursuant to Section 17-1-40 within one year of the date of disposition is exempt from paying the administrative fee. The two-hundred-fifty-dollar fee is nonrefundable, regardless of whether the offense is later determined to be statutorily ineligible for expungement or the solicitor or his designee does not consent to the expungement.

(B)   The presiding judge, at no cost to the accused person, immediately shall expunge the criminal records of the accused person who is found not guilty or who has his criminal charges dismissed. This expungement must occur no sooner than the appeal expiration date and no later than thirty days after the appeal expiration date. The prosecuting agency or appropriate law enforcement agency may file an objection to a summary court expungement. If an objection is filed by the prosecuting agency or law enforcement agency, that expungement must then be heard by the judge of a general sessions court. The prosecuting agency's or the appropriate law enforcement agency's reason for objecting must be that the:

(1)   accused person has other charges pending;

(2)   prosecuting agency or the appropriate law enforcement agency believes that the evidence in the case needs to be preserved; or

(3)   accused person's charges were dismissed as a part of a plea agreement.

(C)   In addition to the provisions of subsection (B), the solicitor's office prosecuting the case, at no cost to the accused person, shall issue an order for expungement for a person who has his charges dismissed or nolle prossed or who is found not guilty in a court of general sessions, unless the:

(1)   accused person has other charges pending;

(2)   solicitor believes that the evidence in the case needs to be preserved; or


Printed Page 4518 . . . . . Wednesday, May 28, 2008

(3)   accused person's charges were dismissed as a part of a plea agreement.

Section 17-22-350.   (A)   The solicitor's office shall implement policies and procedures consistent with this article to ensure that the expungement process is properly conducted. This includes, but is not limited to:

(1)   assisting the applicant in completing the expungement order form;

(2)   collecting from the applicant and distributing to the appropriate agencies separate certified checks or money orders for charges prescribed by this article;

(3)   coordinating with the South Carolina Law Enforcement Division (SLED) and, in the case of juvenile expungements, the Department of Juvenile Justice, to confirm that the criminal charge is statutorily appropriate for expungement;

(4)   obtaining and verifying the presence of all necessary signatures;

(5)   filing the completed expungement order with the clerk of court; and

(6)   providing copies of the completed expungement order to all governmental agencies which must receive the order including, but not limited to, the:

(a)   arresting law enforcement agency;

(b)   detention facility or jail;

(c)   solicitor's office;

(d)   magistrates or municipal court where the arrest warrant originated;

(e)   magistrates or municipal court that was involved in any way in the criminal process of the charge sought to be expunged;

(f)   Department of Juvenile Justice; and

(g)   SLED.

(B)   The solicitor or his designee also must provide a copy of the completed expungement order to the applicant or his retained counsel.

(C)   In cases when charges are sought to be expunged pursuant to Section 17-22-150(a), 17-22-530(a), 22-5-910, or 44-53-450(b), the circuit pretrial intervention director, alcohol education program director, or summary court judge shall attest by signature on the application to the eligibility of the charge for expungement before either the solicitor or his designee and then the circuit court judge, or the family court judge in the case of a juvenile, signs the application for expungement.


Printed Page 4519 . . . . . Wednesday, May 28, 2008

(D)   SLED shall verify and document that the criminal charges in all cases, except in cases when charges are sought to be expunged pursuant to Section 17-1-40, are appropriate for expungement before the solicitor or his designee, and then a circuit court judge, or a family court judge in the case of a juvenile, signs the application for expungement. If the expungement is sought pursuant to Section 34-11-90(e), Section 22-5-910, Section 22-5-920, or Section 56-5-750(f), the conviction for any traffic related offense which is punishable only by a fine or loss of points will not be considered as a bar to expungement.

(1)   SLED shall receive a twenty-five-dollar certified check or money order from the solicitor or his designee on behalf of the applicant made payable to SLED for each verification request, except no verification fee may be charged when an expungement is sought pursuant to Section 17-1-40, 17-22-150(a), or 44-53-450(b). SLED then shall forward the necessary documentation back to the solicitor's office involved in the process.

(2)   In the case of juvenile expungements, verification and documentation that the charge is statutorily appropriate for expungement must first be accomplished by the Department of Juvenile Justice and then SLED.

(3)   Neither SLED, the Department of Juvenile Justice, nor any other official shall allow the applicant to take possession of the application for expungement during the expungement process.

(E)   The applicant also is responsible to the clerk of court for the filing fee per individual order as required by Section 8-21-310(21), which must be forwarded to the clerk of court by the solicitor or his designee and deposited in the county general fund. If the charge is determined to be statutorily ineligible for expungement, this prepaid clerk of court filing fee must be refunded to the applicant by the solicitor or his designee.

(F)   Each expungement order may contain only one charge sought to be expunged, except in those circumstances when expungement is sought for multiple charges occurring out of a single incident and subject to expungement pursuant to Section 17-1-40 or 17-22-150(a). Only in those circumstances may more than one charge be included on a single application for expungement and, when applicable, only one two-hundred-fifty-dollar fee, one twenty-five-dollar SLED verification fee, and one thirty-five-dollar clerk of court filing fee may be charged.

(G)   A filing fee may not be charged by the clerk's office to an applicant seeking the expungement of a criminal record pursuant to


Printed Page 4520 . . . . . Wednesday, May 28, 2008

Section 17-1-40, when the charge was discharged, dismissed, nol prossed, or the applicant was acquitted.

(H)   Nothing in this article precludes an applicant from retaining counsel to apply to the solicitor's office on his behalf or precludes retained counsel from initiating an action in circuit court seeking a judicial determination of eligibility when the solicitor, in his discretion, does not consent to the expungement. In either event, retained counsel is responsible to the solicitor or his designee, when applicable, for the two-hundred-fifty-dollar fee, the twenty-five-dollar SLED verification fee, and the thirty-five-dollar clerk of court filing fee which must be paid by retained counsel's client.

(I)   The solicitor or his designee has the discretion to waive the two-hundred-fifty-dollar fee only in those cases when it is determined that a person has been falsely accused of a crime as a result of identity theft.

(J)   Each solicitor's office shall maintain a record of all fees collected related to the expungement of criminal records, which must be made available to the chairmen of the House and Senate Judiciary Committees."
SECTION   4.   Section 17-1-40(A) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(A)   A person who after being charged with a criminal offense and the charge is discharged, proceedings against the person are dismissed, or the person is found to be innocent of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency. Any person who intentionally retains the arrest and booking record, files, mugshots, fingerprints, or any evidence of such record pertaining to a charge discharged or dismissed pursuant to this section shall be in contempt of court."
SECTION   5.   The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 2, from "chapter" to "article" as appropriate.
SECTION   6.   Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-45.   South Carolina Court Administration shall include on all bond paperwork and courtesy summons the following notice:

'If the charges that have been brought against you are discharged, dismissed, or nol prossed or if you are found not guilty, you may file an


Printed Page 4521 . . . . . Wednesday, May 28, 2008

application with the circuit solicitor to have your record expunged, at no cost to you, for one year after the date of disposition of your case.' "
SECTION   7.   Section 22-5-920(B) of the 1976 Code is amended to read:

"(B)   Following a first offense conviction as a youthful offender, the defendant after fifteen five years from the date of the conviction completion of his sentence, including probation and parole, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen five-year period following the completion of his sentence, including probation and parole, for a first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section."
SECTION   8.   Section 22-5-910 of the 1976 Code is amended to read:

"Section 22-5-910.   (A)   Following a first offense conviction in a magistrates court or a municipal court, including a first offense conviction for a criminal offense transferred from general sessions court pursuant to the provisions of Section 22-3-545, the defendant after three years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to:

(1)   an offense involving the operation of a motor vehicle;

(2)   a violation of Title 50 or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized; or

(3)   an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction.

(B)   If the defendant has had no other conviction during the three-year period, or during the five-year period as provided in


Printed Page 4522 . . . . . Wednesday, May 28, 2008

subsection (A)(3), following the first offense conviction in a magistrates court or a municipal court, including a first offense conviction for a criminal offense transferred from general sessions court pursuant to the provisions of Section 22-3-545, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.

(C)   After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

(D)   As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION   9.   Section 44-53-450(b) of the 1976 Code is amended to read:

"(b)   Upon the dismissal of such the person and discharge of the proceedings against him under pursuant to subsection (a)of this section, such person if he was not over twenty-five years of age at the time of the offense, and if the offense did not involve a controlled substance classified in Schedule I which is a narcotic drug and Schedule II which is a narcotic drug, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (a)of this section) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such the person was dismissed and the proceedings against him discharged and that he was not over twenty-five years of age at the time of the offense, it shall enter such the order. The effect of such the order shall be is to restore such the person, in the contemplation of the law, to the status he occupied before such the arrest or indictment or information. No person as to whom such the order has been entered shall may be held thereafter under any provision of any pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failures failure to


Printed Page 4523 . . . . . Wednesday, May 28, 2008

recite or acknowledge such the arrest, or indictment or information, or trial in response to any an inquiry made of him for any purpose."
SECTION   10.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. E. H. PITTS proposed the following Amendment No. 2A (Doc Name COUNCIL\MS\7665AHB08), which was tabled:
Amend the bill, as and if amended, by deleting Section 17-1-40(A), as contained in SECTION 4, pages 110-5 and 110-6, beginning on line 37, and inserting:
/   "(A)   A person who after being charged with a criminal offense and the charge is discharged, proceedings against the person are dismissed, or the person is found to be innocent of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency. Any person who intentionally retains the arrest and booking record, files, mugshots, fingerprints, or any evidence of such record pertaining to a charge discharged or dismissed pursuant to this section shall be in contempt of court. However, local and state detention and correctional facilities may retain booking records and other institutional reports and files on all persons who have been processed, detained, or incarcerated in order to manage their statistical and professional information needs and, when necessary, to defend the facilities during litigation proceedings." /

Amend the bill further, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___.   Section 30-4-30(d)(3) of the 1976 Code is amended to read:

"(3)   documents identifying persons confined in any jail, detention center, or prison for the preceding three months unless an expungement order has been issued." /

Amend the bill further, by adding an appropriately numbered SECTION at the end to read:


Printed Page 4524 . . . . . Wednesday, May 28, 2008

/ SECTION   ___.   Section 30-4-40 of the 1976 Code, as last amended by Act 380 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:

"( )   Information retained by a local or state detention or correctional facility as permitted pursuant Section 17-1-40 after an expungement order has been issued is exempt from disclosure. This information only may be disclosed by judicial order or as needed during litigation proceedings." /
Renumber sections to conform.
Amend title to conform.

Rep. STAVRINAKIS moved to table the amendment, which was agreed to.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 92; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Ballentine             Barfield               Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               R. Brown
Cato                   Clemmons               Clyburn
Cobb-Hunter            Cotty                  Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Mitchell
Moss                   Mulvaney               Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts

Printed Page 4525 . . . . . Wednesday, May 28, 2008

Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Talley                 Thompson               Toole
Umphlett               Viers                  Walker
Weeks                  Whipper                Williams
Witherspoon            Young

Total--92

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 981--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Thursday, May 29, which was adopted:

S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD


Printed Page 4526 . . . . . Wednesday, May 28, 2008

INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.

S. 490--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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

Reps. HARRELL, COOPER and CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20717SD08), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   (A)   The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of Fiscal Year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for Fiscal Year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations


Printed Page 4527 . . . . . Wednesday, May 28, 2008

act that allows agencies to carry forward up to ten percent of their general funds.
SECTION   2.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   (A)   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

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

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

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

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

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.
The court must make specific written findings regarding each factor listed above in making the award of attorney's fees. However, fees awarded pursuant to this section shall not be in excess of the prevailing and customary hourly rate that the Attorney General typically approves for attorneys in South Carolina engaged to represent the State in tort litigation, unless the court determines that a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee; The provisions of this subsection do not apply to an attorney's fees award paid to an attorney representing a landowner in a condemnation proceeding as provided for in Section 28-2-510 or Section 57-5-320.

(C)   In no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation.

(D)   The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein,


Printed Page 4528 . . . . . Wednesday, May 28, 2008

and child abuse and neglect actions, and challenges concerning the constitutionality of an act of the General Assembly."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER moved to table the amendment, which was agreed to.

Reps. HARRELL, COOPER and CATO proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12391SD08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 15-77-300 of the 1976 Code is amended to read:

"Section 15-77-300.   (A)   In any civil action brought by the State, any political subdivision of the State or any party who is contesting state action, unless the prevailing party is the State or any political subdivision of the State, the court may allow the prevailing party to recover reasonable attorney's fees to be taxed as court costs against the appropriate agency if:

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

(2)   The the court finds that there are no special circumstances that would make the award of attorney's fees unjust.
The agency is presumed to be substantially justified in pressing its claim against the party if the agency follows the mandate of state law that has not been invalidated by a court of competent jurisdiction.

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

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

(2)   the time devoted;

(3)   the professional standing of counsel;

(4)   the beneficial results obtained; and

(5)   the customary legal fees for similar services.
The judge must make specific written findings regarding each factor listed above in making the award of attorney's fees. The provisions of this subsection do not apply to an attorney's fees award paid to an


Printed Page 4529 . . . . . Wednesday, May 28, 2008

attorney representing a landowner in a condemnation proceeding as provided for in Sections 28-2-510 or 57-5-320.

(C)   In no event shall a prevailing party be allowed to shift attorney's fees pursuant to this section that exceed the fees that the party was contracted to pay counsel for work on the litigation.

(D)   The provisions of this section do not apply to civil actions relating to the establishment of public utility rates, disciplinary actions by state licensing boards, habeas corpus or post conviction relief actions, child support actions, except as otherwise provided for herein, and child abuse and neglect actions, and challenges concerning the constitutionality of an act of the General Assembly."
SECTION   2.   (A)   The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of Fiscal Year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for Fiscal Year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations act that allows agencies to carry forward up to ten percent of their general funds.
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.


Printed Page 4530 . . . . . Wednesday, May 28, 2008

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20704SD08), which was tabled:
Amend the bill, as and if amended, by adding new SECTIONS appropriately numbered to read:
/SECTION   ____.   A.   Section 15-3-20 of the 1976 Code is amended to read:

"Section 15-3-20.   (A)   Civil actions may only be commenced within the periods prescribed in this title after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.

(B)   A civil action is commenced and the statute of limitations is tolled when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. However, the court must grant an additional one hundred twenty days to complete service of process upon payment of an additional filing fee equivalent to the fee charged for the filing of a summons and complaint as set by the Supreme Court."
B.   This section takes effect upon approval by the Governor and applies to all cases pending on the effective date.
SECTION   ____.   (A)   The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the South Carolina Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment must be reimbursed with lost earnings as calculated by the State Treasurer as provided pursuant to subsection (B) of this section.

(B)   The Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. Notwithstanding any other provision of law, the source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund of the State at the end of Fiscal Year 2007-2008. Reimbursement of the Insurance Reserve Fund is the first priority for these lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of the annual general appropriation act for Fiscal Year 2008-2009. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller General is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions of the general appropriations


Printed Page 4531 . . . . . Wednesday, May 28, 2008

act that allows agencies to carry forward up to ten percent of their general funds./
Renumber sections to conform.
Amend title to conform.

Rep. COOPER moved to table the amendment, which was agreed to.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Ballentine             Barfield               Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
R. Brown               Cato                   Clemmons
Clyburn                Cobb-Hunter            Cooper
Cotty                  Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Frye                   Funderburk
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Hart                   Harvin                 Haskins
Hayes                  Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kelly
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Mitchell
Moss                   Mulvaney               Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Talley                 Thompson               Toole

Printed Page 4532 . . . . . Wednesday, May 28, 2008

Umphlett               Weeks                  Whipper
Williams               Witherspoon            Young

Total--90

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 951--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. PERRY moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:

S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.

Rep. PERRY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12341HTC08), which was tabled:
Amend the bill, as and if amended, page 951-3, by striking SECTION 3 and inserting:
/ SECTION   3.   Section 12-33-245 of the 1976 Code, as last amended by Act 36 of 2007, is further amended by adding a new subsection at the end to read:

"(D)   In addition to all other penalties that may be imposed for violations arising pursuant to subsection (A) of this section, a failure to report and remit the full amount of the excise tax imposed pursuant to subsection (A) on the gross proceeds of the sale of each drink of alcoholic liquor sold for consumption in the establishment subjects the licensee to the following penalties:


Printed Page 4533 . . . . . Wednesday, May 28, 2008

(1)   for a first violation, a civil penalty of one thousand dollars;

(2)   for a second violation, a civil penalty of one thousand dollars and an automatic suspension for thirty days of the license allowing such sales.
Renumber sections to conform.
Amend title to conform.

Rep. PERRY moved to table the amendment, which was agreed to.

Rep. PERRY proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3923DW08), which was adopted:
Amend the bill, as and if amended, page 951-3, by striking SECTION 3 and inserting:
/ SECTION   3.   Section 12-33-245 of the 1976 Code, as last amended by Act 36 of 2007, is further amended by adding new subsections at the end to read:

"(D)   In addition to all other penalties that may be imposed for violations arising pursuant to subsection (A) of this section, a failure to report and remit the full amount of the excise tax imposed pursuant to subsection (A) on the gross proceeds of the sale of each drink of alcoholic liquor sold for consumption in the establishment subjects the licensee to the following penalties:

(1)   for a first violation, a civil penalty of one thousand dollars;

(2)   for a second violation, a civil penalty of one thousand dollars and an automatic suspension for thirty days of the license allowing such sales; and

(3)   for a third or subsequent violation, a civil penalty of five thousand dollars and a revocation of the license.

(E)   When a license is suspended or revoked, a partner or person with a financial interest in the business may not be issued a license for the premises concerned. A person within the second degree of kinship to a person whose license is suspended or revoked may not be issued a license for the premises concerned for a period of one year after the date of suspension or revocation." /
Renumber sections to conform.
Amend title to conform.

Rep. PERRY explained the amendment.
The amendment was then adopted.


Printed Page 4534 . . . . . Wednesday, May 28, 2008

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 88; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Ballentine             Barfield               Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
R. Brown               Cato                   Clemmons
Clyburn                Cooper                 Cotty
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Littlejohn
Loftis                 Lowe                   Mack
Mahaffey               McLeod                 Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             Ott                    Parks
Perry                  Pinson                 M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Talley                 Thompson               Toole
Viers                  Walker                 Weeks
Whipper                Williams               Witherspoon
Young

Total--88

Those who voted in the negative are:

Total--0


Printed Page 4535 . . . . . Wednesday, May 28, 2008

So, the Bill, as amended, was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. LOWE moved that the House recur to the Morning Hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hayes, Short and Ryberg of the Committee of Conference on the part of the Senate on H. 4662:

H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J. M. Neal, R. Brown and Whipper: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.

Very respectfully,
President
Received as information.


Printed Page 4536 . . . . . Wednesday, May 28, 2008

MESSAGE FROM THE SENATE

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senator Setzler in lieu of Senator Ryberg to the Committee of Conference on the part of the Senate on H. 4662:

H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson, Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J. M. Neal, R. Brown and Whipper: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4930:

H. 4930 (Word version) -- Reps. G. M. Smith, Cato and Bannister: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS


Printed Page 4537 . . . . . Wednesday, May 28, 2008

OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 873:

S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.
and has ordered the Bill enrolled for ratification.


Printed Page 4538 . . . . . Wednesday, May 28, 2008

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1221:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 463:

S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler, Vaughn and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE


Printed Page 4539 . . . . . Wednesday, May 28, 2008

FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS.
and has ordered the Joint Resolution enrolled for ratification.

Very respectfully,
President
Received as information.

S. 1150--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 28, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1150:

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

Very respectfully,
President


Printed Page 4540 . . . . . Wednesday, May 28, 2008

On motion of Rep. WITHERSPOON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. MITCHELL, DUNCAN and M. A. PITTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. CLEMMONS, from the Horry Delegation, submitted a favorable report on:

H. 5144 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 11 OF TITLE 55 SO AS TO ESTABLISH THE GRAND STRAND AIRPORT DISTRICT, DEFINE ITS AREA, ESTABLISH ITS GOVERNING COMMISSION, DESCRIBE THE FUNCTIONS, AND POWERS OF THE DISTRICT AND ITS COMMISSION, MAKE PROVISIONS FOR BORROWING BY THE DISTRICT INCLUDING THE ISSUANCE OF GENERAL OBLIGATION BONDS, AND PROVIDE FOR THE CONTINUING OPERATION OF THE FACILITIES OF THE DISTRICT.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5226 (Word version) -- Reps. Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith,


Printed Page 4541 . . . . . Wednesday, May 28, 2008

J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. THOMAS BARTON OF GREENVILLE COUNTY FOR HIS SUCCESSFUL LEADERSHIP AT GREENVILLE TECHNICAL COLLEGE, AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT AFTER FORTY-SIX YEARS AS ITS ONLY PRESIDENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5227 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO STAND WITH THE AARP'S DIVIDED WE FAIL INITIATIVE ON HEALTH CARE AND FINANCIAL SECURITY TO AMPLIFY THE VOICES OF MILLIONS OF AMERICANS WHO BELIEVE THAT HEALTH CARE AND LIFETIME FINANCIAL SECURITY ARE THE MOST PRESSING DOMESTIC ISSUES FACING OUR NATION, AND TO JOIN IN THEIR EFFORTS TO URGE OUR LEADERS TO DELIVER


Printed Page 4542 . . . . . Wednesday, May 28, 2008

ACTION AND ANSWERS ON HEALTH CARE AND LIFETIME FINANCIAL SECURITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5228 (Word version) -- Reps. Haley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. DOROTHY JONES HUNDLEY OF LEXINGTON COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE YEARS TO COME.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5229 (Word version) -- Reps. Funderburk, Lucas, Cotty, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons,


Printed Page 4543 . . . . . Wednesday, May 28, 2008

Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF THE DEDICATED VOLUNTEERS WHO SERVE THE CITIZENS OF KERSHAW COUNTY AT THE COMMUNITY MEDICAL CLINIC, AND TO CONGRATULATE THEM UPON THE OCCASION OF TEN YEARS OF OUTSTANDING SERVICE TO THEIR COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5230 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO CONGRATULATE GLORIA L. FREEMAN OF CHAPIN UPON BEING CHOSEN THE 2008 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1427 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REYNOLDS WILLIAMS AS THE FIRST CHAIRMAN OF THE RETIREMENT SYSTEMS


Printed Page 4544 . . . . . Wednesday, May 28, 2008

INVESTMENT COMMISSION FOR HIS OUTSTANDING ORGANIZATION, LEADERSHIP, AND SUCCESS IN DIVERSIFYING THE STATE'S PENSION INVESTMENT PORTFOLIOS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1428 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND KENNETH L. SMITH, SR., OF ORANGEBURG COUNTY FOR HIS DEDICATED SERVICE TO PINEVILLE AND ST. STEPHENS UNITED METHODIST CHURCHES.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5231 (Word version) -- Reps. Howard and Cobb-Hunter: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3204, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. HOWARD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

MOTION NOTED

Rep. G. M. SMITH moved to reconsider the vote whereby S. 110 (Word version) was given a second reading and the motion was noted.

Rep. ANDERSON moved that the House do now adjourn, which was agreed to.


Printed Page 4545 . . . . . Wednesday, May 28, 2008

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5208 (Word version) -- Reps. F. N. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO WISH MASSACHUSETTS SENATOR EDWARD KENNEDY WELL AS HE BEGINS MEDICAL TREATMENT AND TO OFFER THE PRAYERS OF THE CITIZENS OF SOUTH CAROLINA FOR HIS RECOVERY.

H. 5209 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT JULIA MEGAN DIRKS OF LEXINGTON COUNTY FOR A MERITORIOUS EXPERIENCE IN SCOUTING AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR A GOLD AWARD.

H. 5210 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT KATIE REBECCA WILSON OF LEXINGTON COUNTY FOR A MERITORIOUS CAREER IN SCOUTING, AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION


Printed Page 4546 . . . . . Wednesday, May 28, 2008

OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.

H. 5212 (Word version) -- Reps. D. C. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF TONY L. CARR, SR., OF AIKEN COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5214 (Word version) -- Reps. E. H. Pitts, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT SARAH ROSE WEBB OF LEXINGTON COUNTY FOR A MERITORIOUS CAREER IN SCOUTING AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.

H. 5220 (Word version) -- Reps. Mack, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell,


Printed Page 4547 . . . . . Wednesday, May 28, 2008

Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE FLOYD BREELAND OF CHARLESTON FOR HIS SIXTEEN YEARS OF COMMITTED SERVICE TO THE CITIZENS OF DISTRICT 111 IN CHARLESTON COUNTY AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

ADJOURNMENT

At 5:37 p.m. the House in accordance with the motion of Rep. ANDERSON adjourned to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Monday, June 22, 2009 at 12:03 P.M.