Indicates Matter Stricken
Indicates New Matter

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

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

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

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

The following Remarks by Senator LOURIE commemorated the anniversary of the passing of Senator LOURIE's father, former Senator ISADORE LOURIE and were ordered printed in the Journal of Thursday, April 24, 2008.

Members of the Senate, I appreciate you giving me this Point of Personal Interest to pay tribute to my father today, on the fifth anniversary of his death. I have thought a lot about him over the course of this week and I wanted to take a few minutes to acknowledge and remember him.

I remember that as we were watching the news reports that night and as the news made it over to the state Senate, I got a chance to see so many of his friends and colleagues come to the podium--the senator from Lexington, Senator SETZLER was one of them, who talked about my father. I remember specifically him saying, "ISADORE LOURIE was one of the most compassionate people I had ever met." As I look around this room, and I think about what an honor it is to work with so many people in this Chamber. I think about Senator THOMAS, the Senator from Greenville, going to the podium and telling the story about how my father would bang his cane on the desk and use the words, "that's not right, that's not right."

I just wanted to take a brief second to tell you that I went by the cemetery this morning and on his tombstone were the words "Isadore Lourie, August 4, 1932 - April 24, 2003, a visionary and a statesman who committed his life to his faith, his family, and his country." I don't think we could have summed it up any better.

As I look around here and I see all these great people that he served with--and that I now have the honor of serving with--my connection to you goes back decades. Senator LEATHERMAN, I remember him hosting a fund raiser with some of his friends for you at the old GMK building, the Atrium, and I remember him bringing me up there when I was in my twenties. He said this is a good friend of mine, HUGH LEATHERMAN from Florence.

Senator PEELER, I remember meeting you right out of college and you were a newcomer up here. Dad said, "you watch this guy, he's going to really make a name for himself" and he was right. Senator LAND, I remember going out to dinner with you, Marie, the Beasleys, and my mom and dad at Dianne's on Devine and dad just loved you. He thought you were brilliant and just admired your confidence at such an early age of coming into the Legislature and what an impact you would have. He was so proud of you when you were chairing the Transportation Committee after he retired. Senator SETZLER, I can't say enough about the relationship he had with you.

Senator DRUMMOND--I could just go around the room. Senator PATTERSON--I'll tell you the first time I met KAY PATTERSON was in 1984, when my father was running in a very difficult democratic primary. He had decided to retire and then later chose to run in a difficult race. I had never met KAY PATTERSON and I had just graduated from college. Every Sunday for months, SeFnator PATTERSON took me and my dad around to church after church and he would talk about my father like he was his own brother. It left a life-long impact on me.

I remember Senator JACKSON coming to the podium to talk about him and the decision and the sacrifice my dad made to retire in 1992, to open this seat up for an African-American, which he believed should serve in that particular district. Senator THOMAS, the first time I met you, you and JIM BRYANT came to our house for Passover, which we are now in the middle of celebrating. I think I've had as much Metza as one could stand this week, but I remember you all coming over and how fascinated you were with our tradition. I'll tell you a little bit about our tradition because we have a busy Calendar ahead of us as we are approaching the May deadline, but in our tradition, we have something called the Shomar. When somebody dies, we sit with the body from the time they arrive at the funeral home until the time of the service. It is the greatest honor you can show someone is to sit with them as their body is being prepared for the funeral. We have a closed casket ceremony; we do not have an open casket ceremony in the Jewish faith. We want to remember people as they lived. It is just one of our traditions. We have this tradition called the Shomar where people, usually in sets of two, will come and sit with an individual from the day the body arrives until the service the next day or two. I have sat through this plenty of times for friends and family members. We will go in pairs in the middle of the night and throughout the day.

Some friends of mine were telling me this story about sitting with my dad about 3:00 am and the front door to Dunbar Funeral Home opened and this very, very tall, big policeman walked in. I don't know who he was but he was about 6'4'', 200 and some pounds. He walked right in. It was a dark room and as we were sitting there with the coffin, he walked up to the coffin, didn't say a word to the two people who were sitting there and this giant of a man just cried his eyes out for about seven minutes and then turned around and walked out. I'll never know who that person was, but I'd love to know the connection he had with my father.

But, it reminds me of another story of the day we buried dad. The phone rang and this is probably the greatest lesson. I'm often asked, "what do you remember the most about your dad; what was the biggest, greatest impact he had on you?" And, it was how he treated people. The day we had his funeral, the phone rang at 7:00 a.m. in the morning when the newspaper had printed that my father had passed away. It was someone who worked as a doorman in a local hotel. My mom and dad sold their house in the Rockbridge area and built another house. They were living in this hotel for about three months during that transition. He had already retired from the Senate. The guy called and he was crying on the phone to my mother and said I want to tell you something. Of all the people that come in and out of this hotel, ISADORE LOURIE was the one guy who would always stop and talk to me about my family, about my challenges, about my needs. And I think if he taught me anything in life, he taught me that whether you are the president and CEO of a bank or whether you are applying for an entry-level position, it doesn't matter to him. If you are a good person, you have a good heart, then you were his friend. He lived life like that and he passed that on to his children. I can tell you, if someone were in a time of need, if they came by to see my father, he would help them.

When he passed away, I got charged with the responsibility of collecting some of those debts and I handled them in a way, Senator SETZLER, that he would want me to handle them. I just wanted to say to you that it is a great honor to be here. I have enjoyed these last four years and I hope I'll be back with you next session. It has really been one of the greatest honors I could have, to serve with so many of you who have treated me as a colleague knowing that the real Senator LOURIE is looking from above.

I just wanted to share that with you, thank you very much.

Senators RANKIN, JACKSON and HAWKINS addressed brief remarks to the Senate regarding former Senator ISADORE LOURIE.

The following remarks were ordered printed in the Journal of Thursday, June 5, 2008, regarding the retirement of Senator DRUMMOND:

I'm going to be really brief because I know we are all anxious to hear from the Senator. I would be remiss if I did not remind you all that there is no greater cheerleader for women serving in the General Assembly than Senator DRUMMOND. Everywhere he goes he talks about the need for more women serving in the General Assembly, and I personally want to thank you for our personal relationship. I, too, love you and thank you so much for all you have done for all of us. Women across the State need to know that you recognized long before most people did that we should be here in greater numbers, and I thank you personally for your cheerleading for me and all other women. God bless you, JOHN.

Mr. PRESIDENT, I think the former President Pro Tempore of the United States Senate would like for me to make these remarks. He left us six years ago this month. When I was first elected to this body, STROM THURMOND told me there were two Senators to follow - one was the Senator from Orangeburg, Senator WILLIAMS, and the other was the Senator from Greenwood, Senator DRUMMOND. Senator THURMOND and Senator DRUMMOND had a relationship that lasted four decades. Let me share a couple moments of that relationship that I think were very, very important.

In 1987, President Reagan asked STROM THURMOND to chair the American delegation to Paris - to the Paris Air Show and subsequently to Normandy. He asked Senator DRUMMOND to join us, and I was also honored to be there. The French were very hospitable. President François Mitterrand came out to greet us. There were three members in the delegation that had actively participated in the Normandy invasion. Sam Gibbons, a democratic member of Congress from Florida, STROM THURMOND landed on June 5, 1944 in a glider, and JOHN DRUMMOND was flying over as a fighter pilot. François Mitterrand came out and thanked Senator DRUMMOND, Senator THURMOND and Congressman Gibbons for liberating his country from Nazi Germany. It was very emotional. We then boarded a train. Senator, you will recall they had a French military band at the train station playing La Marseillaise, the French National Anthem, and the Star Spangled Banner. We went to Normandy. I don't know how many of you have been there before, but there are 10,000 crosses at Normandy in honor of American dead. The chief of the French General Staff gave a very moving speech. They had American and French flags on the grave sites. It was a very, very moving moment. To be there with Senator THURMOND and Senator DRUMMOND, two of my heroes, was a very emotional moment.

They also had a close political relationship. JOHN DRUMMOND participated on the Thurmond Portrait Commission. We dedicated the portrait to Senator THURMOND in 1987. He also served on the Thurmond Monument Commission, which we dedicated in 1999. I'll share a political story with you that I thought was sort of humorous. You think JOHN DRUMMOND is tight; STROM THURMOND could get eight pennies out of a nickel. It was amazing. We had started the 1990 re-election campaign and the Senator asked me to be his state chairman again, which I was honored to do, and he asked Senator DRUMMOND to be his state Democratic chairman, which he was honored to do. We had arranged to fly out of Columbia in March of 1990, from Owens Field in a private plane. I had contacted Washington to make sure we had the planes secured and that we had pilots. Well, we had one pilot and the plane held two pilots. Everybody back then flew with two pilots --CARROLL CAMPBELL--everybody. It wasn't like we were broke; we had $2 million in the bank, but STROM THURMOND wanted to fly with one pilot. So we got on the plane, the Senator, me, Nancy and JOHN DRUMMOND. And the pilot gets on the plane. The guy was probably in his mid-sixties and we were all speaking to him. We said how are you doing today and he said, "Well, I think I've got my blood pressure under control." I looked at Senator THURMOND and I was thinking, "This is not too good." So, we take off and JOHN DRUMMOND jumps up and says, "I'm going to go into the cockpit." So he goes in the cockpit with the pilot and they're sitting there and Strom THURMOND leans over and grabs my leg and says, "Why look at this--JOHN DRUMMOND, a former fighter pilot, is up there in the cockpit. You don't have anything to worry about." Well, the next thing I hear is JOHN DRUMMOND asking the pilot, "Now what does this instrument do and what does this one do"? Of course I crossed myself and it all turned out very, very well.

Senator DRUMMOND, I just want to let you know that those of us who have loved STROM THURMOND know that he would have loved to have been here and been part of this. Thank you for your great friendship you've shown to him over the years - we're very grateful. Thank you.

Mr. PRESIDENT, ladies and gentlemen of the Senate, this is truly a bittersweet day for me, and I hope that I can get through this. Senator JOHN DRUMMOND represents everything that is good in people. I have had the true pleasure of sitting by him here in the chamber, as you all know, and I will tell a couple of stories that I probably should not tell.

I started thinking about this day when we had the Drummond Center Dinner. I heard Senator DRUMMOND and others talk about his parents being uneducated, about him getting a high school education and going into the military where he was shot down and became a POW, and about his commitment to God and praying to get out of there. I thought about the Senate as a whole and about our form of government. We all come from a different walk of life and bring our unique experiences, and I hope we never become a body of millionaires. We need individuals whose background includes parents who have no formal education and we need individuals who are committed to putting in a hard day's work.

JOHN DRUMMOND became Chairman of the Senate Finance Committee in 1992, I believe, and in 1996, he became President Pro Tempore. The Senator from Cherokee mentioned his first memories of Senator DRUMMOND when he came through. As you walk through those doors, a cloak of responsibility falls on your shoulders, and you do not realize that when you are out there. As the Senator from Sumter said earlier this week, campaigning is black and white, and serving is gray.

My first memory of Senator DRUMMOND was when he came around this corner with his budget under his arm. If there were 600 new state employees in that appropriations bill, he did not have one amendment to strike all 600--he would have 600 amendments, and they were put on the desk. He did not play games. You voted on every single one of those state employees, whether we were going to hire them or not. Those of you who are the renegades, and we have all been at that stage, I will tell you that you are choir boys compared to Senator DRUMMOND in the old days. He has forgotten more lessons than you will ever learn.

I have been fortunate to serve with him not only here in the Senate but also on a personal basis. JOHN DRUMMOND has been in my home and had fried chicken and vegetables with my family; we love him. I have been to his fish fries when he used to cook barbequed fish. My wife nearly got killed in an automobile accident. He was the first Senator at the hospital with flowers.

I remember when JOHN DRUMMOND was going to become Chairman of the Senate Finance Committee. He had fought so long on the other side against this and against that, everybody thought, "Geez Minetti," what is he going to do when he becomes Chairman of Senate Finance? He fights everything! Well, he certainly rose to the task, and when he became Chairman of Finance, he was a true leader for the South Carolina Senate.

I will never forget - and I do not recall if it has ever been done since -- when we were working on the budget one year when Senator DRUMMOND was Chairman of the Senate Finance Committee--he called the Senator from Clarendon, myself, and Senator MOORE into his office. We were getting ready to go to Conference Committee, and he told us that he was going to appoint a Conference Committee. He wanted us to know ahead of time. He told us that he was not going to serve on the Conference Committee, and he appointed the three of us to serve. We looked at him and told him that he could not do that. He said he was going to pass as a Conferee. The second half of that story is that after about ten days in the Conference Committee the House and our current Speaker, who at that time was the Chairman of the House Ways and Means Committee, were just wearing us out in the Conference Committee. We got in the back room one day, and Senator LAND said we should make the motion to adopt what they put on the table, knowing that they had made the proposal on the budget that they did not want. The Senator from Aiken said we could not do that, that it would be irresponsible. I told the Senator from Clarendon that I would second his motion. We went back out in the public meeting of the Senate Finance Committee. Senator LAND moved to adopt the House's proposal, and I seconded the motion. We had two votes on the Senate side and two votes on the House side. The Speaker backed up, and they talked for two hours trying to tell us that their proposal was not good.

The Senator from Clarendon mentioned five-year-old kindergarten. We would not have this, if it were not for Senator JOHN DRUMMOND. I remember people lobbying outside the old Carolina Inn against this saying that it is only day care. JOHN DRUMMOND stood firm.

But I think that there are two things that stand out more to me than anything else about JOHN DRUMMOND. There are examples that he sets for us as members of this Senate and for us as human beings. First, is his dedication and love of his wife, Mrs. Holly. Any of you that have served with him know how dear and close to her that he was. She meant so much to him, and I think his example of his dedication and devotion to her is a shining example in life for every individual to follow.

The second thing that I think stands out, and I will carry this with me until I go to my grave, is Senator DRUMMOND's example since 2000. I want you to think about this. The good book says we each have grace given to us according to God's gift. This Senate would not be the body it is today in 2008, as nonpartisan as we have become and as cooperative as it is, if it were not for JOHN DRUMMOND who was PRESIDENT Pro Tempore and Chairman of the Senate Finance Committee. Also, there is no one among us who is a bigger supporter, bigger cheerleader and bigger advocate for the Senator from Charleston, for the Senator from Florence, and for the staff who he compliments every day.

I have only found one fault in the entire time I have known him and that is that he stays with the Senator from Clarendon, and now he has started sleeping in the same room as the Senator from Orangeburg. It keeps getting worse.

I have to tell this story, and the Senator from Clarendon will kill me as this happened just last week. The Senator from Clarendon helps take care of the Senator from Greenwood at The Whitney. Last week we were in the middle of debate and Senator DRUMMOND asked how he should vote. I told him that I was going to vote "no" and that he should vote "aye" with Senator LAND. He asked how the Senator from Charleston was voting, and I said he was voting "no" with me. Senator DRUMMOND said he was voting the way the Senator from Charleston was voting. He takes care of me. Senator Clarendon called the Senator from Florence over, and the Senator from Florence said to Senator DRUMMOND that he needed him to vote with him. Senator DRUMMOND said that he was voting with the Senator from Florence. "He takes care of me."

I just want to say to you, Senator DRUMMOND, on behalf of myself, my family, my daughters who absolutely love you, and more importantly on behalf of the people of South Carolina," we are a better State, and we are a better place because you have given 41 years of service to the South Carolina Senate." The biggest reward of your service will come when you pass a small child and look them in the eye or when you look an elderly person in a nursing home in the eye, you will know that you have made their life better. This is a compliment to you, and for that we say God Bless You and Thank You.

I waited a long time to say this as I have not served as long as my esteemed colleagues here. I came in 1993, with a huge class and two of my class members are leaving--the Senator from Chester and the Senator from Lancaster. But we've had a great time. I remember even as a freshman coming in 1993, everyone would call JOHN DRUMMOND a "hero" and say, "He's my hero." So, I talked to him, and studied about him and I concluded, as all the others have, that he is certainly a hero. And, so from that moment, I began to call him MY hero. But it was in 1998, that he did something really, really special and changed my life forever. And he remembers this--when ROBERT FORD and MAGGIE GLOVER and I came, I think we introduced a proposal for the removal of the Confederate flag in 1994, Senator from Charleston, and, Representative Harrison, at that time ROBERT, MAGGIE and I were called by some of our House members, "Legislative Terrorists." They would say, "Boy, those three are Legislative Terrorists and are led by the chief terrorist, Sen. JACKSON. All they'll do is tear up the Calendar and block the Calendar. But it was in 1998, I think it was, as we began to discuss the flag compromise--and you heard the Senator from Clarendon talk about that great meeting in Senator DRUMMOND's office--and I'll never forget that because at that time we--ROBERT, MAGGIE and I, were representing the radical side of even the Legislative Black Caucus. We had my great mentor, Senator PATTERSON, and Senator MATTHEWS and Senator McKINLEY WASHINGTON who were seasoned. They had been here for a while and they would have to calm us down. But every time there was a compromise that was put out there, we would shoot it down. We would go back and confer with some of our radical brothers on the outside and my great friends from the NAACP and others who I love and support. They would say we cannot support it, so we would come back, Senator from Richland, and we would shoot it down. But at that meeting in 1998 in his office we were sitting there, and there was another proposal to remove the flags from all chambers and inside this building and place the Confederate flag at the Confederate Soldiers Monument. I want to thank the Senator from Charleston and others who worked really, really hard and that was a tough compromise. And, when we first heard that, our immediate reaction was to respond as we have always done and "shoot it down." Senator DRUMMOND pulled me to the side during that meeting and indicated he wanted a word with me. He took me out personally, looked me in the eyes and said, "Son I know how you feel." He said, "If I were in your position, I'd be Malcolm-X." He said, "I know how you feel." But, as he looked me in the eye, he said, "In life you do not get many chances to make a difference"--and I'm telling you, with his hands on my chest, he said, "You won't get many chances to make a difference. Now, what would your father want you to do?" And that messed me up. I went back to the Senator from Charleston, and Senator GLOVER and I said, "Guys, I'm compromising." And I talked with them and was able to convince them. That's the only good thing I've ever convinced Senator FORD to do. He has convinced me to do some things that I am paying for today. But, we compromised. And if you remember, Senator DRUMMOND asked me to make a speech on the floor and so I did. I talked about compromise and one of the famous words that some of my friends are still holding over my head was when I said, "I love the NAACP, but I love South Carolina even more and its time to do what's best for South Carolina." That was hard. I mean, my phone was blowing off the hook. My friends who had been my friends for a long time stopped speaking to me for a long, long time. It was the loneliest time in my life. It was really, really hard; but after that speech JOHN DRUMMOND walked up to me with tears in his eyes, put his arms around me and he said, "Today you are MY hero" and for that, I say, "Thank you, I love you and will always love you. God bless you."

What a wonderful day! Let me tell you what pleased JOHN DRUMMOND more than anything yesterday afternoon. For the first time, we all came together to work together for the good of South Carolina. That is all I've been preaching about--working together. We are all good people. I've seen a lot of people give their lives for this country; but, I've never seen a person die as a Democrat or a Republican. They were all Americans.

You can't believe how happy I was last night that finally, finally in my 40 plus years here that we came together to work together as South Carolinians. I want to commend each of you for what we did yesterday. Now if you really want to make me happy, even in his grave, continue to work together and accomplish something good for all of South Carolina.

My family is here today, and I am so happy for that. Do you remember what I said when my portrait was hung here in the Chamber? I said, "Call home and tell them you love them."

I received my education right here in the Legislature. You were all my mentors. I had the best staff and I listened. I want to thank the staff for making me look good. We have the best Senate in the nation. I was sitting over at my desk last night praying and thanking God. We listened to each other and we all worked together, and for that I feel so blessed. I love and respect each and every one of you. You were chosen by your people to represent your districts.

As I approach the end of my term, I find myself in deep thought and prayer. I want to read you a little something from the book of Ecclesiastes. "There is a time for everything. A season for every activity under the heavens. A time to scatter stones, a time to gather stones, a time to embrace and a time to turn away."

I've been in public service for many years. I want to show you something. I have two manuals. This small one is from when I was in the House in 1966 and this larger one is one from 2008. Do you see the size of growth in government? I received my education here and in the House. I respect and love all of you. You all blessed me last night by working together for the good of our State. You all answered my prayers. Please, please continue working together.

Thank you all so very much.

The following remarks were ordered printed in the Journal of May 29, 2008:

We have with us today Brigadier General Robert E. Livingston, Jr. who was the commander of the 218 Infantry Brigade in Afghanistan, along with the Adjutant General, Stan Spears, and Representative James Smith.

Ladies and Gentlemen of the Senate, I would ask that the Sergeant-at-Arms escort Brigadier General Livingston and his party to the Floor of the Senate.

Mr. PRESIDENT, ladies and gentlemen of the Senate, this is an unusual moment and I can tell you that during my service in the Senate--and he doesn't know I'm going to say this--one of the most memorable moments was the time that Senator PHIL LEVENTIS returned from his service in Desert Storm and took this podium. I had chills running up and down my spine listening to him as a member of this Senate talk about the commitment he had made in flying those missions. And, then I remember Representative James Smith who is a friend of many in here but a particular and very special friend of Senator LOURIE and Senator SHEHEEN when he made the choice and volunteered and went to Afghanistan.

And, of course, Brigadier General Robert Livingston, Jr. grew up in Lexington County in the Cayce-West Columbia area. He has commanded a combined Joint Task Force of 8,600 personnel, including Army, Navy, Air Force and Marines, in addition to coalition partners from twenty-two nations. They were responsible for training and mentoring the Afghan National Army with an end strength of 84,000 in December 2008 and training the Afghan National Police with an end strength of 82,000 in December 2008. They were responsible for developing a self-generating Afghanistan National Security Force.

The Brigadier General is accompanied today by his mother and father who are close personal friends of mine, his wife, and his Sgt. Major and they are in the balcony and I would ask that they stand and be recognized by the Senate. Please stand and be welcomed before we proceed further.

I could say so much about Brigadier General Robert E. Livingston, Jr. but he asked that I not include all that is in his bio. I am just going to tell you a couple of his major awards and decorations. The Bronze Star Medal, the Meritorious Service Medal with four bronze Oak Leaf Clusters, the Army Commendation Medal with two bronze Oak Leaf Clusters, the Army Achievement Medal with two Oak Leaf Clusters, the Army Reserve Component Achievement Medal with one silver Oak Leaf and the one bronze Oak Leaf Cluster.

Ladies and gentlemen, we have a Resolution that I'm going to ask unanimous consent to make a motion that the roll of the Senate be applied to the Resolution and that it be read by the Clerk of the Senate at this time. (The Resolution was published and adopted.)

Now, on behalf of the South Carolina Senate and the people of South Carolina, we want to thank you for your service and that of the 218th Brigade. It's because of people like you and your service, as Senator SHORT mentioned earlier, that we are able to serve here in the South Carolina Senate in a free society and we want to thank you.

General Livingston.

First off, I want to thank you for the rousing welcome home on behalf of the entire 218th Brigade. It's certainly good to be home. You may have noticed as I accepted your welcome that I placed my hand over my heart. It's the traditional greeting in Afghanistan. Representative James (Smith) and I learned that quite a few times while we were over there. It was an interesting experience with the people of Afghanistan. I'd be happy to share that with you privately later on. I will tell you that we have made a tremendous difference over there. And, we were there at the right time.

I would like to make a couple of quick remarks on behalf of the 8,700 men and women in 22 countries that make up the combined Joint Task Force Phoenix, especially the 1608 soldiers from South Carolina. I want to thank the entire State Legislature and the people of South Carolina for your unwavering support. We have been supported like no other task force over there. I tell you that we have done things like no other task force, but we have been supported like no other task force.

Our over 260 teams in over 240 locations through the nation of Afghanistan made a difference at the right time. We stopped the slaughter of the Afghan National Police. They were losing 200-300 people a month. And, after we got there, and we put our mentors out, it dropped to 20-30. We developed a systematic training program for them. We accelerated the development of the Afghan National Army through new and innovative programs. As a result, for the first time ever, police held their districts through the Fall. And this Spring, they are providing the people of Afghanistan with the Rule of Law. The Army doubled its available strength to almost 50,000 and, for the first time in history, validated a corps headquarters-- which is a division size headquarters--there are five of them within the nation--a brigade headquarters and a battalion that is capable of independent operation--that is our ticket to leaving Afghanistan.

The Army and the police are now taking the fight to the enemy. And, they are taking the lead in the coalition fight. In many cases, the coalition now works with the Afghan Army. We remember our--now 23--fallen comrades, especially four of them from South Carolina--Sgt. Philpot, Staff Sgt. Bullard, Sgt. Hill, and Specialist Leimbach. As you know, we just lost another one of the soldiers who stayed behind.

We also remember the great sacrifices by our families. The sacrifices by both the families and the soldiers are not in vain. Afghanistan is much better off than it was a year ago. And, the world is a little bit safer.

Thank you so much for your support.

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

(R400, S. 96 (Word version)) -- Senators Sheheen and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO AMEND THE DEFINITION OF "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; AND TO AMEND SECTION , AS AMENDED, RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN FOOD-SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO DEFINE THE TERMS "KITCHEN", "MEAL", AND "PRIMARILY" FOR PURPOSES OF THE SECTION.
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(R401, S. 181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS AND , 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 , RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION , RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISONERS" FOR THE TERM "CONVICT", AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION , RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION , RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION , RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION , RELATING TO ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICTS"; TO AMEND SECTION , RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM "CONTRABAND"; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES ASSUMING CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL TO A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL THE JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION , RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION , RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION , RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAY BE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS , , , , , , , , AND , ALL RELATING TO DEFINITIONS, THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION , RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION , RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION , RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS , , , , , , , , , , , , , , , , , , , , , , , , AND , ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION PROGRAM" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERM "INMATES" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAY BE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION , RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION , AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; AND TO REPEAL SECTIONS , , 24-5-30, 24-5-70, , , , , 24-7-70, 24-7-80, , , AND RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING CHAPTER 5 TO TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION , RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REUSE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS; AND BY ADDING SECTION SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE STOLEN MONUMENTS, VASES, OR MARKERS THAT COMMEMORATE DECEASED INDIVIDUALS AND TO PROVIDE A PENALTY.
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(R402, S. 530 (Word version)) -- Senator Leatherman: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2008, SO AS TO PROVIDE FOR THE CODIFICATION IN THE CODE OF LAWS OF SOUTH CAROLINA, 1976, OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTION SO AS TO AUTHORIZE HIGHER EDUCATION FURLOUGH PROGRAMS IN YEARS OF BUDGET CUTS OR ACROSS THE BOARD REDUCTIONS; TO AMEND SECTION , AS AMENDED, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE COMMISSION, BY REGULATION, SHALL 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; TO AMEND SECTION , RELATING TO THE CHILDREN'S EDUCATION ENDOWMENT, SO AS TO PROVIDE THAT ANY UNSPENT BALANCE IN THE HIGHER EDUCATION SCHOLARSHIP GRANTS ALLOCATION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND MAY BE MADE AVAILABLE FOR NEED-BASED GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS; BY ADDING SECTION SO AS TO PROVIDE THAT 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; TO AMEND SECTION , RELATING TO THE WAIVER OR ABATEMENT OF OUT-OF-STATE TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE WAIVER OF NONRESIDENT TUITION AND FEES FOR CERTAIN INTERNATIONAL STUDENTS; TO AMEND SECTION , RELATING TO HIGHER EDUCATION TUITION AND FEES, SO AS TO PROVIDE FOR IN-STATE RATES FOR CERTAIN GEORGIA RESIDENTS UNDER SPECIFIED CONDITIONS; BY ADDING SECTION SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO PROVIDE THAT 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; TO AMEND SECTION , AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ADD ADDITIONAL CRITERIA IN DEFINING "CRITICAL GEOGRAPHICAL AREAS" FOR THE CANCELLATION OF STUDENT LOANS AND ACCRUED INTEREST FOR PERSONS RECEIVING SUCH LOANS TO BECOME CERTIFIED TEACHERS IN AREAS OF CRITICAL NEED; BY ADDING SECTION SO AS TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED FOR PROFESSIONAL DEVELOPMENT OF EDUCATORS; TO AMEND SECTION , RELATING TO THE STATE ACCREDITATION SYSTEM, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE RECOMMENDATIONS REGARDING THE STATE'S ACCREDITATION SYSTEM TO THE STATE BOARD OF EDUCATION; TO AMEND SECTION , RELATING TO SCHOOL AND SCHOOL DISTRICT REPORT CARDS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THESE REPORT CARDS; BY ADDING SECTION SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO PROVIDE THAT HIGHER EDUCATION TUITION GRANT FUNDS ARE EXEMPT FROM MID-YEAR BUDGET REDUCTIONS; TO AMEND SECTION , RELATING TO THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM, SO AS TO FURTHER PROVIDE FOR THE USE AND EXPENDITURE OF FUNDING FOR THE STATEWIDE FAMILY PRACTICE RESIDENCY SYSTEM; TO AMEND SECTION , AS AMENDED, RELATING TO SUBSTITUTION OF PRESCRIPTION MEDICATIONS, SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO MAKE A PROMISSORY NOTE RECEIVED BY A MEDICAID APPLICANT, RECIPIENT, OR HIS SPOUSE IN EXCHANGE FOR ASSETS WHICH IF RETAINED BY THE APPLICANT, RECIPIENT, OR HIS SPOUSE WOULD CAUSE THE APPLICANT OR RECIPIENT TO BE INELIGIBLE FOR MEDICAID BENEFITS, FOR MEDICAID ELIGIBILITY PURPOSES, SHALL 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; BY ADDING ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO REENACT SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN CERTAIN FUNDS; TO AMEND SECTION , RELATING TO THE MONITORING AND REGULATION OF AGREEMENTS UNDER THE HEALTH CARE COOPERATION ACT, SO AS TO PROVIDE THAT THE FEE THE DEPARTMENT IS AUTHORIZED TO CHARGE EXTENDS TO CERTIFICATES OF PUBLIC ADVANTAGE; BY ADDING SECTION SO AS TO PROHIBIT THE DEPARTMENT FROM USING CERTAIN APPROPRIATIONS FOR ENFORCEMENT WHICH 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; TO AMEND SECTION , RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO REVISE THE USE OF INTEREST ACCRUING IN THE FUND; TO AMEND SECTION , RELATING TO HOSPITAL INFECTIONS DISCLOSURE ACT, SO AS TO PROVIDE THAT THE DEPARTMENT MAY PHASE-IN CERTAIN REPORTING REQUIREMENTS OF THIS ACT; BY ADDING SECTION SO AS TO PROVIDE FOR THE MANNER IN WHICH FEES SHALL BE ASSESSED AGAINST HAZARDOUS WASTE GENERATORS; TO AMEND SECTION , AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS PERTAINING TO THE COMMISSION FOR THE BLIND, SO AS TO PROVIDE THAT PROPERTY OF THE PATRIOTS POINT DEVELOPMENT AUTHORITY ALSO IS EXEMPT FROM THESE PROVISIONS; TO AMEND SECTION , RELATING TO LICENSES TO HANDLE SEEDS, SO AS TO REVISE THE MANNER IN WHICH THE FEES FOR THESE LICENSES ARE DETERMINED; BY ADDING SECTION SO AS TO PROVIDE THAT 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; TO AMEND SECTION 39-9-68, RELATING TO THE FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION IN REGARD TO WEIGHTS AND MEASURES, SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO PROVIDE THAT ANY MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS A RESIDENT OF SOUTH CAROLINA STATIONED OUTSIDE OF THE STATE, UPON PRESENTATION OF HIS OFFICIAL FURLOUGH OR LEAVE PAPERS, SHALL BE ALLOWED TO FISH AND HUNT WITHOUT PURCHASING A FISHING OR HUNTING LICENSE; TO AMEND SECTION , RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE FEE FOR CERTAIN LICENSES; TO AMEND SECTION , RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR THE "NONGAME WILDLIFE AND NATURAL AREAS FUND", SO AS TO REVISE THE TERMS AND CONDITIONS PERTAINING TO THE ISSUANCE OF THESE PLATES; BY ADDING SECTION 51-3-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL MAINTAIN THE FEE STRUCTURE FOR THE MAINTENANCE AND OPERATION OF THE STATE PARK SYSTEM INCLUDING DISCOUNTS WHICH MAY BE OFFERED; BY ADDING SECTION 1-7-160 SO AS TO PROVIDE THAT 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; BY ADDING SECTION 1-7-170 SO AS TO PROVIDE THAT 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; BY ADDING SECTION 1-7-85 SO AS TO PROVIDE THAT THE OFFICE OF THE ATTORNEY GENERAL 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; BY ADDING SECTION SO AS TO PROVIDE THAT THE STATE OR A PERSON ACTING ON BEHALF OF THE STATE IS NOT REQUIRED TO PAY FILING FEES IN PROCEEDINGS BROUGHT PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT; TO DESIGNATE SECTIONS THROUGH OF THE 1976 CODE AS THE "PRETRIAL INTERVENTION PROGRAM"; BY ADDING ARTICLE 3 TO CHAPTER 22 OF TITLE 17 SO AS TO AUTHORIZE CIRCUIT SOLICITORS TO ESTABLISH A WORTHLESS CHECK UNIT AND TO PROVIDE FOR THE OPERATION OF THE UNIT; BY ADDING SECTION SO AS TO PROVIDE THAT 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 AND TO PROVIDE THAT THESE SURCHARGES SHALL BE USED TO ESTABLISH DRUG TREATMENT COURT PROGRAMS; TO AMEND SECTION 23-6-50, RELATING TO AUDITS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO FURTHER PROVIDE THESE AUDITS AND THE USE BY THE DEPARTMENT OF CERTAIN REVENUE; BY ADDING SECTIONS , , , , AND ALL SO AS TO PROVIDE FOR VARIOUS FUNDING AND ADMINISTRATIVE MATTERS OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION , RELATING TO SUBSISTENCE ALLOWANCES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCREASE THE ALLOWANCE; TO AMEND SECTION , RELATING TO THE USE OF A CERTAIN PORTION OF MOTOR VEHICLE CERTIFICATE OF TITLE FEES, SO AS TO REVISE THE USES; BY ADDING SECTION SO AS TO PROVIDE THAT ALL MONIES COLLECTED IN THE DEPARTMENT OF PUBLIC SAFETY BUILDING FUND ABOVE A SPECIFIED LIMIT MUST BE UTILIZED BY THE DEPARTMENT TO SUPPORT THE HIGHWAY PATROL; TO AMEND SECTION , RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DELINQUENCY FEES, SO AS TO REVISE THE USE OF A CERTAIN PORTION OF THESE FUNDS; BY ADDING SECTION SO AS TO PROVIDE THAT 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 AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION , RELATING TO FEES TO TRANSFER A LICENSE PLATE, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR ITS USE; TO AMEND SECTION , RELATING TO REGISTRATION FEES FOR HANDICAPPED PERSONS AND OTHER REGISTRATION FEES, SO AS TO PROVIDE THAT 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; TO AMEND SECTION , AS AMENDED, RELATING TO QUALIFICATIONS FOR A DRIVER'S LICENSE, SO AS TO FURTHER PROVIDE FOR THE FEES FOR A COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION , AS AMENDED, RELATING TO FEES FOR A DUPLICATE DRIVER'S LICENSE IF ONE IS LOST OR DESTROYED, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR THE USE OF THE REVENUE; TO AMEND SECTION , RELATING TO PRIVATE PASSENGER AND PERSONALIZED LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE EXPIRATION DATE FOR CERTAIN PERSONALIZED PLATES; BY ADDING SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO RETAIN PROCEEDS FROM THE SALE OF SURPLUS PRODUCTS PRODUCED BY ITS FARM PROGRAM AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION , RELATING TO REWARDS FOR THE CAPTURE OF ESCAPED CONVICTS, SO AS TO INCREASE THE AMOUNT OF THE AWARD AND HOW FUNDS TO SUPPORT THESE AWARDS MAY BE GENERATED; TO AMEND SECTION , RELATING TO THE SALE OF TIMBER BY THE DEPARTMENT OF CORRECTIONS FROM ITS LANDS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH SALES, THE USE OF THE PROCEEDS, AND FOR HORTICULTURAL PRODUCT SALES BY THE DEPARTMENT; BY ADDING SECTION 24-3-45 SO AS TO PROVIDE FOR THE DEDUCTIONS FROM WAGES OF PRISONERS ENGAGED IN WORK AT PAID EMPLOYMENT IN THE COMMUNITY, AND THE MANNER IN WHICH THESE DEDUCTIONS MUST BE USED; TO AMEND SECTION , RELATING TO EMPLOYMENT WITHIN THE PRISON SYSTEM BY THE DIRECTOR, SO AS TO PERMIT THE DIRECTOR TO EXTEND CERTAIN SERVICES AT NO COST OR REDUCED COST TO CORRECTIONAL OFFICERS PAID FOR WITH NONAPPROPRIATED FUNDS FOR THE PURPOSE OF RETENTION; TO AMEND SECTION , RELATING TO THE RESTITUTION CENTER PROGRAM OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE AMOUNT PAID BY THE OFFENDER FOR HOUSING AND FOOD PER DAY; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT MAY CHARGE OFFENDERS A FEE BASED ON THE NUMBER OF MILES AND LENGTH OF TIME REQUIRED TO PERFORM AN EXTRADITION; TO AMEND SECTION , RELATING TO PARDONS, SO AS TO INCREASE THE PARDON APPLICATION FEE; TO AMEND SECTION , RELATING TO PREPAID LEGAL SERVICES SOLICITATIONS, SO AS TO INCREASE THE FEE FOR THE REQUIRED FILINGS WITH THE DEPARTMENT OF CONSUMER AFFAIRS; TO AMEND SECTION , RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CREDIT SALES, SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION , RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CONSUMER LOANS SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION , RELATING TO CERTAIN NOTIFICATIONS REQUIRED TO BE FILED WITH THE DEPARTMENT BY PERSONS ENGAGED IN SPECIFIED CONSUMER ACTIVITIES, SO AS TO INCREASE THE ANNUAL FEE, AND TO PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; BY ADDING SECTION SO AS TO PROVIDE THAT A PERSON LICENSED AS A COSMETOLOGIST, ESTHETICIAN, OR MANICURIST MAY PRACTICE, WITHIN THE SCOPE AUTHORIZED BY THE PERSON'S LICENSE, IN A BARBERSHOP; BY ADDING SECTION SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION IS AUTHORIZED TO PURCHASE AND ISSUE CLOTHING TO THE STAFF OF THE STATE FIRE ACADEMY; BY ADDING SECTION SO AS TO PROVIDE THAT 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, AND TO PROVIDE FOR THE USE OF THE FUNDS RECEIVED; BY ADDING SECTION SO AS TO PROVIDE THAT 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; TO AMEND SECTION , RELATING TO CRIMINAL RECORD SEARCHES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO INCREASE THE FEE AND PROVIDE FOR THE USE OF THE REVENUE COLLECTED, AND TO PROVIDE A REDUCED FEE FOR SEARCHES CONDUCTED FOR A CHARITABLE ORGANIZATION; BY ADDING SECTION 23-3-55 SO AS TO PROVIDE THAT 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; TO AMEND SECTION , RELATING TO CONCEALABLE WEAPON APPLICATIONS, SO AS TO AUTHORIZE SLED TO EXPEND FEES ASSOCIATED WITH CONCEALED WEAPON APPLICATIONS; BY ADDING SECTION SO AS TO PROVIDE PROCEDURES TO BE FOLLOWED BY THE STATE BUDGET AND CONTROL BOARD IN REGARD TO OPERATING DEFICITS; TO AMEND SECTION , AS AMENDED, RELATING TO AGENCY HEADS AND THE AGENCY HEAD SALARY COMMISSION, SO AS TO EXEMPT EMPLOYEES OF HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES FROM CERTAIN SALARY RANGE REQUIREMENTS OF THE COMMISSION; TO AMEND SECTION 8-7-90, AS AMENDED, RELATING TO LEAVE OF PUBLIC OFFICERS IN THE NATIONAL GUARD OR RESERVES, SO AS TO PROVIDE THAT 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; BY ADDING SECTION 8-1-155 SO AS TO PROVIDE THAT 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; BY ADDING SECTION SO AS TO PROVIDE THAT 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 BEFORE REDUCTIONS ARE MADE TO PROGRAMS, SPECIAL LINE ITEMS, OR LOCAL PROVIDER SERVICES CRITICAL TO AN AGENCY'S MISSION; BY ADDING SECTION SO AS TO PROVIDE THAT AN ADMINISTRATIVE STATE AGENCY PERFORMING ADMINISTRATIVE HEARINGS WITHIN THIS STATE MAY MAKE USE OF EXISTING VIDEO CONFERENCING CAPABILITIES AND TO REQUIRE 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; TO AMEND SECTION , RELATING TO MOTION FEES IN THE CIRCUIT AND FAMILY COURTS, SO AS TO PROVIDE FOR THE USE OF THE REVENUES GENERATED FROM THESE FEES; BY ADDING SECTION SO AS TO PROVIDE THAT CERTAIN EXECUTIVE DEPARTMENT EMPLOYEES WHOSE APPOINTMENT OR EMPLOYMENT IS SUBJECT TO SENATE CONFIRMATION MAY NOT BE REASSIGNED, TERMINATED, OR HAVE THEIR COMPENSATION REDUCED, EXCEPT BY MAJORITY VOTE OF THEIR GOVERNING BOARD AND APPROVAL BY THE SENATE UPON ADVICE AND CONSENT PRIOR TO THE ACTION BEING TAKEN OR AN INTERIM APPOINTMENT BEING MADE; BY ADDING SECTION SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD'S EXPERIENCE RATING OF ALL LOCAL DISABILITIES AND SPECIAL NEEDS PROVIDERS MUST BE RATED AS A SINGLE GROUP WHEN RATING ALL OPTIONAL GROUPS PARTICIPATING IN THE STATE EMPLOYEE HEALTH INSURANCE PROGRAM; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY CHARGE PARTICIPANTS A FEE TO COVER THE COST OF EDUCATION AND TRAINING PROGRAMS, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE PARTICIPANTS IN TAXPAYER EDUCATION AND INFORMATION PROGRAMS, TO PROVIDE THAT THE DEPARTMENT 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, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FORTY-FIVE DOLLAR FEE FOR ENTERING INTO INSTALLMENT AGREEMENTS FOR THE PAYMENT OF TAX LIABILITIES TO DEFRAY ADMINISTRATIVE EXPENSES; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL MAINTAIN ADEQUATE RECORDS ACCOUNTING FOR THE RECEIPT OF FUNDS FROM THE SALE OF CONFISCATED ALCOHOLIC BEVERAGES, AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED FROM THESE SALES; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY INCUR AND PAY THE EXPENSE OF CERTAIN REQUIRED FEES FOR THE FEDERAL REFUND OFFSET PROGRAM; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT MAY CONTRACT WITH PRIVATE ENTITIES TO ESTABLISH DATA MINING AND DATA WAREHOUSING CAPABILITIES WITHIN THE DEPARTMENT TO ENHANCE COMPLIANCE AND COLLECTIONS; TO AMEND SECTION , AS AMENDED, RELATING TO TEMPORARY ALCOHOLIC LIQUOR PERMITS UPON A REFERENDUM VOTE SO AS TO PROVIDE THAT TEMPORARY PERMITS ISSUED BY THE DEPARTMENT 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; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY RETAIN AND EXPEND CERTAIN FUNDS IN EACH FISCAL YEAR FROM ITS BANKRUPTCY OPERATIONS TO DEFRAY ITS ADMINISTRATIVE COSTS, INCLUDING STAFF; BY ADDING SECTION SO AS TO PROVIDE THAT 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 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; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT SHALL USE AVAILABLE PERSONNEL TO CONDUCT AUDITS INVOLVING ALL TAXES TO PROMOTE VOLUNTARY COMPLIANCE AND TO COLLECT REVENUES FOR THE STATE; BY ADDING SECTION SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CHARGE A TEN DOLLAR FEE TO OFFSET THE COSTS OF PROGRAMS AND RELATED EXPENSES; BY ADDING SECTION SO AS TO ALLOW THE STATE ETHICS COMMISSION TO LEVY A FEE ON A PERSON WHO HAS VIOLATED THE "ETHICS, GOVERNMENT ACCOUNTABILITY AND CAMPAIGN REFORM ACT OF 1991"; BY ADDING SECTION SO AS TO ALLOW THE STATE ETHICS COMMISSION TO RETAIN FUNDS DERIVED FROM ASSESSMENTS ASSOCIATED WITH LATE FILING FEES AND TO CARRY FORWARD UNEXPENDED FUNDS INTO THE CURRENT FISCAL YEAR; BY ADDING SECTION SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CARRY FORWARD LOBBYIST AND PRINCIPAL REGISTRATION FEES INTO THE CURRENT FISCAL YEAR AND TO USE THE FUNDS FOR THE SAME PURPOSE; BY ADDING SECTION SO AS TO PROVIDE FOR AN ASSESSMENT OF TWENTY-FIVE DOLLARS FOR SUMMONS AND COMPLAINT FILINGS IN MAGISTRATES COURT AND AN ASSESSMENT OF TEN DOLLARS ON ALL OTHER CIVIL FILINGS IN MAGISTRATES COURT, EXCEPTING RESTRAINING ORDERS, AND TO PROVIDE FOR THEIR REMITTANCE AND ALLOCATION; TO AMEND SECTION , AS AMENDED, RELATING TO DISTRIBUTION OF THE FILING FEE FOR COMPLAINTS AND PETITIONS IN CIVIL COURT, SO AS TO IMPOSE AN ADDITIONAL FEE OF FIFTY DOLLARS AND TO PROVIDE FOR ITS ALLOCATION; BY ADDING SECTION SO AS TO PROVIDE A PROCEDURE BY WHICH THE STATE AUDITOR SHALL AUDIT AT RANDOM TREASURERS, COURTS, AND CLERKS OF COURT AUTHORIZED TO COLLECT ASSESSMENTS IN FAMILY, CIRCUIT, MAGISTRATES, AND MUNICIPAL COURTS, TO IMPOSE REPORTING REQUIREMENTS, AND TO PROVIDE FOR TRAINING FOR THE COLLECTION AND DISTRIBUTION OF SUCH ASSESSMENTS; TO AMEND SECTION , AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY GENERAL SESSIONS COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A GENERAL SESSIONS COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION , AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MAGISTRATES COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MAGISTRATES COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION , AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MUNICIPAL COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MUNICIPAL COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; BY ADDING SECTION SO AS TO ALLOCATE THREE MILLION TWO HUNDRED THOUSAND DOLLARS TO SPECIFIED AGENCIES IN SPECIFIED AMOUNTS FROM DEPOSITS MADE FROM ASSESSMENTS FROM GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS; BY ADDING SECTION 17-3-55 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS INCURRED AND RECEIVED FOR PAYMENT AND TO PAY THESE OBLIGATIONS FROM APPROPRIATED FUNDS IN THE NEXT YEAR'S BUDGET; BY ADDING SECTION 17-3-45 SO AS TO PROVIDE FOR AN AFFIDAVIT BY WHICH A PERSON WHO HAS BEEN PROVIDED COUNSEL MUST DISCLOSE HIS ASSETS, TO PROVIDE FOR A FORTY DOLLAR APPLICATION FEE FOR APPOINTED COUNSEL SERVICES AND FOR THE ALLOCATION OF SUCH FEE REVENUE, TO PROVIDE FOR THE EXECUTION OF THE AFFIDAVIT BY A JUVENILE'S PARENT ON BEHALF OF THE JUVENILE, AND TO PROVIDE FOR A CLAIM AGAINST THE ASSETS OF THE PERSON WHO IS PROVIDED COUNSEL FOR THE COSTS OF THE PROVIDED COUNSEL; BY ADDING SECTION SO AS TO MAKE AVAILABLE THE NAMES OF PERSONS BENEFITING FROM ASSISTANCE PAYMENTS FROM THE DEPARTMENT OF SOCIAL SERVICES TO OTHER STATE AGENCIES; BY ADDING SECTION SO AS TO PROVIDE THAT A COUNTY MAY NOT SUPPLEMENT THE SALARY OF DEPARTMENT OF SOCIAL SERVICES EMPLOYEES; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL ESTABLISH AND COLLECT ACCOUNTS RECEIVABLE IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS; BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES MAY PAY THE COST OF FINGERPRINT REVIEWS FOR CERTAIN FOSTER CARE FAMILIES FROM FUNDS APPROPRIATED FOR FOSTER CARE; TO AMEND SECTION , AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 3, CHAPTER 11, TITLE 8, SO AS TO EXEMPT STAFF OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE; TO AMEND SECTION , AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 5, CHAPTER 17, TITLE 8, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE, UPON CERTAIN CONDITIONS; TO AMEND CHAPTER 21 OF TITLE 43, RELATING TO THE DIVISION AND ADVISORY COUNCIL ON AGING, SO AS TO PLACE THE COUNCIL WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA RETIREMENT SYSTEM CHAPTER, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION , AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION , RELATING TO STANDARDS OF CONSTRUCTION, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM, AND TO PROVIDE THAT THOSE RELAXED STANDARDS DO NOT GIVE RISE TO LIABILITY; TO AMEND SECTION , RELATING TO SPECIAL PERMITS TO OPERATE VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS AND FEES ASSOCIATED WITH SUCH PERMITS, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION , RELATING TO MULTIPLE AND ANNUAL TRIP PERMITS, SO AS TO REVISE THE FEE FOR SUCH PERMITS; BY ADDING SECTION SO AS TO DESIGNATE HOW MISCELLANEOUS REVENUE COLLECTED DURING CRIMINAL JUSTICE ACADEMY PROGRAMMING AND RETAINED BY THE CRIMINAL JUSTICE ACADEMY MUST BE EXPENDED; TO AMEND SECTION , RELATING TO INTERDEPARTMENTAL AGREEMENTS, SO AS TO PROVIDE THAT REVENUE GENERATED FROM SPECIFIED AGENCIES, GRANTS, AND OTHER FUNDING MEASURES MAY BE RETAINED AND EXPENDED BY THE DEPARTMENT OF JUVENILE JUSTICE ACCORDING TO APPLICABLE REGULATIONS; TO AMEND SECTION , AS AMENDED, RELATING TO THE COMMITMENT OF A CHILD TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE FOR THE RELEASE OF THE CHILD PRIOR TO THE EXPIRATION OF THE DETERMINATE PERIOD UPON CERTAIN CONDITIONS, AND TO PROVIDE THAT JUVENILES DETAINED IN A TEMPORARY HOLDING FACILITY OR JUVENILE DETENTION CENTER WHO ARE SUBSEQUENTLY COMMITTED SHALL RECEIVE CREDIT TOWARDS THEIR DATE OF RELEASE OR PAROLE DEADLINE FOR TIME SPENT IN SUCH FACILITIES; TO AMEND SECTION , RELATING TO SPECIAL SCHOOL DISTRICT DESIGNATION FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE AMOUNT OF FUNDS THAT THE DEPARTMENT OF JUVENILE JUSTICE RECEIVES FOR EDUCATION UNDER THE EDUCATION FINANCE ACT MUST TAKE INTO ACCOUNT THE DEPARTMENT'S TWELVE-MONTH CALENDAR AND TWO HUNDRED AND THIRTY FIVE INSTRUCTIONAL DAYS; TO AMEND SECTION , RELATING TO EXCLUSIVE CARE OF CHILDREN BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A LOCAL GOVERNMENT USING DETENTION SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE MUST PAY A PER DIEM OF FIFTY DOLLARS A DAY PER CHILD, AND TO DESIGNATE THE WAY IN WHICH THESE FUNDS MUST BE EXPENDED; TO AMEND SECTION , RELATING TO REPORT OF UNCLAIMED PROPERTY AND NOTICES TO APPARENT OWNERS, SO AS TO FURTHER PROVIDE FOR THE NOTICE THE STATE TREASURER IS REQUIRED TO PUBLISH; TO AMEND SECTION , RELATING TO THE PUBLICATION OF QUARTERLY STATEMENTS BY THE OFFICE OF STATE TREASURER, SO AS TO REVISE THE WAY IN WHICH THE STATE TREASURER MUST PUBLISH BALANCE INFORMATION; TO AMEND SECTION , AS AMENDED, RELATING TO THE REGISTRATION OF FERTILIZER, SO AS TO REVISE THE FEE SCHEDULE FOR REGISTRATION; TO AMEND SECTION , AS AMENDED, RELATING TO REGISTRATION FEES AND INSPECTION TAXES ON CERTAIN PACKAGES OF FERTILIZER, SO AS TO REVISE THE AMOUNT OF THE TAXES AND FEES; TO AMEND SECTION , AS AMENDED, RELATING TO DISTRIBUTORS OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE TO OBTAIN A PERMIT TO BECOME A DISTRIBUTOR; TO AMEND SECTION , AS AMENDED, RELATING TO REGISTRATION OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE FOR REGISTERING SUCH MATERIALS; TO AMEND SECTION , RELATING TO THE LICENSING OF PESTICIDE DEALERS, SO AS TO REVISE THE LICENSE APPLICATION FEE; TO AMEND SECTION , AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO REVISE THE APPLICATION FEE FOR A PRIVATE APPLICATOR'S LICENSE AND A PESTICIDE APPLICATOR'S LICENSE; BY ADDING SECTION SO AS TO PROVIDE FOR THE ANNUAL REGISTRATION OF FERTILIZERS AND APPLICATION AND REGISTRATION FEE PROVISIONS; TO AMEND SECTION , AS AMENDED, RELATING TO CREDIT AGAINST WITHHOLDING FOR RETRAINING, SO AS TO ESTABLISH AN ANNUAL RENEWAL FEE OF FIVE HUNDRED DOLLARS; TO AMEND SECTION , RELATING TO CRITERIA FOR DETERMINATION AND SELECTION OF QUALIFYING ENTITIES AND APPLICATION FEE SCHEDULE, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION 13-1-50, AS AMENDED, RELATING TO THE ANNUAL AUDIT OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERGO A PROCEDURES AUDIT INSTEAD OF HAVING AUDITED FINANCIAL STATEMENTS, AND TO PROVIDE RELATED PROVISIONS FOR THE AUDIT; TO AMEND SECTION , AS AMENDED, RELATING TO THE PURPOSE AND USE OF THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE THAT THE COUNCIL MAY RETAIN UP TO FIVE PERCENT OF THE REVENUE RECEIVED FROM THE FUND FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN UNEXPENDED OR UNCOMMITTED FUNDS AND MAY EXPEND THE FUNDS IN SUBSEQUENT FISCAL YEARS; BY ADDING SECTION SO AS TO PROVIDE THAT ALL STATE AGENCIES, INSTITUTIONS, COLLEGES, AND UNIVERSITIES MUST REMIT TO THE GENERAL FUND ALL REVENUE OBTAINED FROM THE ALLOWANCE OF PAY TELEPHONES ON PUBLIC PROPERTY, TO DEFINE PUBLIC PROPERTY FOR PURPOSES OF THIS SECTION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 23-1-60, RELATING TO APPOINTMENT, COMPENSATION, REMOVAL, AND TERMS OF CERTAIN LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A VOLUNTARY DEPUTY, CONSTABLE, SECURITY GUARD, OR DETECTIVE MUST BE INCLUDED UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION LAWS ONLY WHILE PERFORMING DUTIES IN CONNECTION WITH HIS APPOINTMENT, AND TO PROVIDE FOR THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS; BY ADDING SECTION SO AS TO PROVIDE A TWENTY-FIVE DOLLAR SURCHARGE ON PENALTIES IMPOSED IN THE GENERAL SESSIONS, MAGISTRATES, OR MUNICIPAL COURTS FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS, TO PROVIDE A SCHEDULE BY WHICH TO ALLOCATE THESE REVENUES, AND TO ALLOW THE STATE AUDITOR TO EXAMINE THE RECORDS OF ANY JURISDICTION THAT DOES NOT TIMELY TRANSMIT THESE REVENUES; BY ADDING SECTION 6-9-135 SO AS TO PROVIDE THAT COASTAL COUNTIES AND MUNICIPALITIES MAY ADOPT THE PROVISIONS OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; TO AMEND AN ACT OF 2008 BEARING RATIFICATION NUMBER 293, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR , BY DELETING TWO PARAGRAPHS RELATING TO THE ORGANIZATION AND OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUE OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR SUCH PLATES.
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(R403, S. 577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION , RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION , RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.
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(R404, S. 605 (Word version)) -- Senator Grooms: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE; TO AMEND SECTIONS , , , , , , AS AMENDED, , , , , AS AMENDED, , , AS AMENDED, , AS AMENDED, , AND , RELATING TO THE ISSUANCE OF AMERICAN LEGION SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, SHRINERS SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, WORLD WAR II VETERANS SPECIAL LICENSE PLATES, UNITED WE STAND SPECIAL LICENSE PLATES, AND GOD BLESS AMERICA SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THESE LICENSE PLATES TO OWNERS OF MOTORCYCLES REGISTERED IN THEIR NAMES; TO AMEND SECTIONS AND , BOTH AS AMENDED, RELATING TO THE ISSUANCE OF NONPROFIT SPECIAL LICENSE PLATES AND PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY AFTER JANUARY 1, 2006, SO AS TO PROVIDE THAT EACH NEW CLASSIFICATION OF SPECIAL LICENSE PLATE CREATED PURSUANT TO EITHER OF THESE PROVISIONS MUST MEET THE REQUIREMENTS CONTAINED IN BOTH PROVISIONS, TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUANCE OF WORLD WAR II SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY BE ISSUED FOR MOTORCYCLES, AND TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO IS ISSUED THIS LICENSE PLATE TO BE ASSESSED A SPECIAL BIENNIAL FEE OF TWENTY DOLLARS IN ADDITION TO THE REGULAR MOTOR VEHICLE REGISTRATION FEE; TO AMEND SECTION , RELATING TO BASIC AND CLASSIFIED DRIVER'S LICENSES THAT ALLOW A LICENSEE TO OPERATE CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER WHOSE LICENSE CONTAINED IN THIS PROVISION IS RESTRICTED FROM OPERATING VEHICLES THAT EXCEED CERTAIN GROSS VEHICLE WEIGHT RATINGS INSTEAD OF GROSS VEHICLE WEIGHTS; TO AMEND SECTIONS , , , , , , , , AS AMENDED, , AS AMENDED, , , AS AMENDED, , , , , , , , AS AMENDED, AND SECTION , RELATING TO "CONSERVE SOUTH CAROLINA" LICENSE PLATES, "PENN CENTER" LICENSE PLATES, "SOUTH CAROLINA ELKS ASSOCIATION" LICENSE PLATES, "CAROLINA PANTHERS" LICENSE PLATES, "SHARE THE ROAD" LICENSE PLATES, "HOMEOWNERSHIP: THE AMERICAN DREAM" LICENSE PLATES, "SALTWATER FISHING" LICENSE PLATES, FRATERNITY AND SORORITY LICENSE PLATES, "VIETNAM VETERANS" LICENSE PLATES, "H. L. HUNLEY SUBMARINE" LICENSE PLATES, TAX EXEMPT ORGANIZATIONS LICENSE PLATES, "DUCKS UNLIMITED" LICENSE PLATES, "NASCAR" LICENSE PLATES, "SERTOMA INTERNATIONAL" LICENSE PLATES, "SOUTH CAROLINA TECHNOLOGY ALLIANCE" LICENSE PLATES, "MORRIS ISLAND LIGHTHOUSE" LICENSE PLATES, "GOD BLESS AMERICA" LICENSE PLATES, "NO MORE HOMELESS PETS" LICENSE PLATES, AND "GOLD STAR FAMILY" LICENSE PLATES, SO AS TO PROVIDE THAT EACH OF THESE LICENSE PLATES MAY BE ISSUED TO OWNERS OF ANY VEHICLE CLASSIFIED AS A PASSENGER MOTOR VEHICLE AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUED COMMERCIAL ADVERTISEMENT BENCH PERMITS.
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(R405, S. 669 (Word version)) -- Senator Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT AN INSURER THAT IS RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM; SECTION , AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION , RELATING TO THE ASSIGNMENT OF RIGHTS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO PROVIDE THAT APPLYING FOR OR RECEIVING MEDICAID BENEFITS CREATES A REBUTTABLE PRESUMPTION THAT THE PERSON WAS INFORMED OF THE ASSIGNMENT OF HIS RIGHT TO THE DEPARTMENT TO RECOVER FROM A THIRD PARTY AMOUNTS PAID BY MEDICAID; TO AMEND SECTION , RELATING TO SUBROGATION TO THE DEPARTMENT OF THE RIGHT TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO DELETE OBSOLETE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION , AS AMENDED, RELATING TO ENFORCEMENT OF AND SUPERIORITY OF THE DEPARTMENT'S SUBROGATION RIGHTS, SO AS TO DELETE OBSOLETE REFERENCES AND MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION , AS AMENDED, RELATING TO RECOVERY FROM ESTATES OF MEDICAID RECIPIENTS AMOUNTS PAID FOR SERVICES THROUGH MEDICAID, SO AS TO DELETE OBSOLETE LANGUAGE, MAKE TECHNICAL CORRECTIONS, AND TO REVISE THE DEFINITION OF "IMMEDIATE FAMILY MEMBER" TO INCLUDE GRANDCHILDREN; TO AMEND SECTION , RELATING TO THE POWERS OF SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, INCLUDING THE POWER TO ISSUE MEDICAL MALPRACTICE POLICIES, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE ITS POLICY LIMITS UP TO ONE MILLION DOLLARS PER CLAIM AND THREE MILLION DOLLARS FOR ALL CLAIMS IN ANY ONE YEAR UPON APPROVAL OF THE BOARD; TO AMEND SECTION , AS AMENDED, RELATING TO THE CREATION OF THE PATIENTS' COMPENSATION FUND, INCLUDING PAYMENT OF MEDICAL MALPRACTICE CLAIMS IN EXCESS OF POLICY LIMITS, SO AS TO AUTHORIZE THIS FUND TO ALSO MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; TO AMEND SECTION , RELATING TO THE CREATION OF THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION , RELATING TO ACTIONS FOR DAMAGES ARISING OUT OF THE RENDERING OF MEDICAL SERVICES, SO AS TO PROVIDE THAT THE PATIENTS' COMPENSATION FUND ALSO MAY MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; AND TO AMEND SECTION , RELATING TO INSURANCE POLICIES, ANNUITY CONTRACTS, AND OTHER CONTRACTS TO WHICH THIS CHAPTER, THE "SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION", DOES OR DOES NOT APPLY, SO AS TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO POLICIES OR CONTRACTS TO THE EXTENT THAT REQUIRED ASSESSMENTS OF MEMBERS OF THE ASSOCIATION ARE PREEMPTED BY FEDERAL OR STATE LAW.
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(R406, S. 987 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT AND THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS; TO AMEND SECTION , RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; TO AMEND SECTION , RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION , RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; TO REPEAL SECTIONS , , , , , , , , , , , , AND RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES; AND TO AMEND SECTION , AS AMENDED, RELATING TO UNIFORMS AND EQUIPMENT OF RESERVE POLICE OFFICERS, SO AS TO PROVIDE THAT, IN THE DISCRETION OF THE CHIEF, A RESERVE OFFICER MAY WEAR PLAIN CLOTHES OR ANOTHER UNIFORM THAT IS CONSISTENT WITH HIS DUTIES.
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(R407, S. 1131 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTIONS , , BOTH AS AMENDED, , , AS AMENDED, , , BOTH AS AMENDED, , , , , , 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 DELETE LIMITED LINE CREDIT INSURANCE AS A LINE OF INSURANCE WHICH AN INSURANCE PRODUCER MAY RECEIVE QUALIFICATION FOR A LICENSE; 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 PAYMENT 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 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 , , BOTH AS AMENDED, AND SECTION , 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; BY ADDING SECTION SO AS TO PROVIDE THAT THE PROVISIONS OF SECTIONS (C) AND DO NOT APPLY UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
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(R408, S. 1376 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R409, H. 3033 (Word version)) -- Reps. Clemmons, Mahaffey and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
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(R410, H. 3094 (Word version)) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER WHO HAS BEEN CONVICTED OF CERTAIN CRIMES TO RESIDE IN CERTAIN AREAS, TO PROVIDE IF A LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT A SEX OFFENDER HAS VIOLATED THIS PROVISION, THE AGENCY MUST PROVIDE THE SEX OFFENDER WITH A LIST OF AREAS IN WHICH HE IS NOT PERMITTED TO RESIDE AND THAT HE MUST VACATE HIS RESIDENCE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE WHOSE PENALTIES EXCEED OR ARE LESS LENIENT THAN THE PENALTIES CONTAINED IN THIS SECTION, TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE CERTAIN INFORMATION REGARDING SEX OFFENDERS OR THE SEX OFFENDER REGISTRY TO THE PARENTS OR GUARDIANS OF ITS STUDENTS OR ON THE SCHOOL DISTRICT'S WEB SITE, TO PROVIDE THAT LOCAL LAW ENFORCEMENT AGENCIES MUST DETERMINE WHETHER EACH SCHOOL DISTRICT COMPLIES WITH THIS PROVISION, AND TO PROVIDE A PENALTY FOR SCHOOL DISTRICTS THAT FAIL TO COMPLY WITH THIS PROVISION; AND AMEND SECTION , RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER AS A SEX OFFENDER, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE VIOLATION OF THIS PROVISION.
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(R411, H. 3212 (Word version)) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS BY A RESIDENT OF A RECIPROCAL STATE MUST BE HONORED IF THE RECIPROCAL STATE REQUIRES A CRIMINAL BACKGROUND CHECK AND A FIREARM TRAINING AND SAFETY COURSE AND TO DELETE THE REQUIREMENT THAT SLED DETERMINE WHICH STATES MEET THIS STANDARD.
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(R412, H. 3309 (Word version)) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROHIBIT THE PAYMENT, IMPOSITION, OR COLLECTION OF A FRANCHISE FEE WITH RESPECT TO ELECTRICAL POWER PROVIDED TO THE STATE BY A UTILITY UNDER THE "STATELINE ACCOUNTS" AND TO REQUIRE A UTILITY TO EXCLUDE SALES REVENUE ACCRUED FROM "STATELINE ACCOUNTS" WHEN CALCULATING A FRANCHISE FEE OWED TO A MUNICIPALITY.
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(R413, H. 3575 (Word version)) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION , RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION , RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION , AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION , RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION , AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION , AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION , RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
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(R414, H. 3623 (Word version)) -- Rep. Thompson: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS , , AND , ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION , RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION AND REPLACE IT WITH REFERENCES TO SECTION ; TO AMEND SECTION , AS AMENDED, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE THEM WITH REFERENCES TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE THEM WITH REFERENCES TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE "LAW ENFORCEMENT TRAINING COUNCIL" AND TO REPLACE IT WITH A REFERENCE TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION , RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO DELETE THE TERM "LAW ENFORCEMENT TRAINING COUNCIL" AND REPLACE IT WITH THE TERM "CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION , RELATING TO THE PURPOSE OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES; TO AMENDED SECTION , RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY, SO AS TO DELETE THE TERM "DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL"; TO AMEND SECTION , AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE DEFINITION OF THE TERM "ACTIVE ELECTRONIC MONITORING DEVICE"; TO AMEND SECTION , RELATING TO THE ESTABLISHMENT OF THE STATE'S SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER WHO RECEIVES A PARDON FOR AN OFFENSE WHICH REQUIRED HIM TO REGISTER AS AN OFFENDER, OR FILES A PETITION FOR HABEAS CORPUS OR A MOTION FOR A NEW TRIAL MUST REGISTER ANNUALLY FOR THE REMAINDER OF HIS LIFE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION , RELATING TO A SHERIFF'S QUALIFICATIONS, SO AS TO DELETE A REFERENCE TO SECTION (D)(1) AND REPLACE IT WITH A REFERENCE TO SECTION ; TO AMEND SECTION , AS AMENDED, RELATING TO THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE; TO AMEND SECTION , RELATING TO REPORTS, DOCUMENTS, STATEMENTS, AND OTHER COMMUNICATIONS MADE OR DELIVERED PURSUANT TO THE ADMINISTRATION OF CERTAIN DUTIES OF THE LAW ENFORCEMENT TRAINING COUNCIL AND THE CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THESE REPORTS, DOCUMENTS, STATEMENTS, AND COMMUNICATIONS MUST NOT BE THE SUBJECT OF OR BASIS FOR ANY ACTION, AND TO REVISE THE LIST OF PARTIES WHOSE COMMUNICATIONS ARE PROTECTED BY THIS PROVISION; AND TO AMEND SECTION , AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO DELETE THE PROVISION THAT ALLOWS CERTAIN INFORMATION GATHERED BY A PROBATION AGENT PURSUANT TO HIS DUTIES AS A COMMUNITY CONTROL CENTER TO BE ADMISSIBLE IN A CRIMINAL PROSECUTION.
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(R415, H. 3798 (Word version)) -- Rep. G.R. Smith: AN ACT TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO AUTHORIZE THE CHIEF OR SPIRITUAL LEADER OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO PERFORM MARRIAGE CEREMONIES.
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(R416, H. 3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.
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(R417, H. 3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION , RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION , AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.
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(R418, H. 4320 (Word version)) -- Reps. Whipper, Clyburn, R. Brown and Hosey: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT; BY ADDING SECTION SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF TITLE 59.
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(R419, H. 4344 (Word version)) -- Reps. M.A. Pitts and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.
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(R420, H. 4511 (Word version)) -- Rep. Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO ENACT "TYLER'S LAW", TO PROVIDE A CIVIL PENALTY FOR A PARENT OR GUARDIAN WHO KNOWINGLY AND WILFULLY PERMITS HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A LEARNER'S PERMIT OR IN VIOLATION OF PERMIT RESTRICTIONS, TO PROVIDE RELATED ENFORCEMENT PROCEDURES, EXEMPTIONS, AND LIMITS ON ADMISSIBILITY OF A FINE IMPOSED UNDER THIS SECTION FOR CERTAIN OTHER PURPOSES; AND TO REPEAL SECTION , RELATING TO A PHOTOGRAPH OF AN APPLICANT FOR A MOPED DRIVER'S LICENSE.
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(R421, H. 4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION , AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION.
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(R422, H. 4745 (Word version)) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS AND TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT; AND TO ADD SECTION SO AS TO PROVIDE FOR A SPECIAL PURPOSE DISTRICT TO GIVE A MORTGAGE TO SECURE A BOND OR LOAN UNDER SPECIFIC CIRCUMSTANCES.
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(R423, H. 4747 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 4 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION SO AS TO TRANSFER THE PROVISIONS OF SECTION , WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION , RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS , , AND , RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.
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(R424, H. 4754 (Word version)) -- Reps. G.R. Smith and Hamilton: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY, THE GOVERNING BODY OF THE COUNTY, AND THE LEGISLATIVE DELEGATION OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION ; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES.
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(R425, H. 4867 (Word version)) -- Reps. Cato, Harrell, Haley and Viers: AN ACT TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO ENGAGE IN THE PRACTICE OF ACCOUNTANCY, TO RENDER CERTAIN ACCOUNTING SERVICES, AND TO USE CERTAIN ACCOUNTANCY TITLES, SO AS TO PROVIDE THAT OUT-OF-STATE LICENSEES WHO QUALIFY FOR A PRACTICE PRIVILEGE AND OUT-OF-STATE FIRMS THAT MEET CERTAIN REQUIREMENTS MAY ALSO RENDER SPECIFIED ACCOUNTING SERVICES AND USE CERTAIN TITLES WITHOUT BEING LICENSED OR REGISTERED IN THIS STATE; TO AMEND SECTION 40-2-35, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO REQUIRE ONE YEAR, RATHER THAN TWO YEARS, OF ACCOUNTING EXPERIENCE; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN ACCOUNTING SERVICES WITHOUT BEING REGISTERED; AND TO AMEND SECTION , RELATING TO REQUIREMENTS FOR AN OUT-OF-STATE LICENSEE TO OBTAIN ACCOUNTANCY PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
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(R426, H. 4899 (Word version)) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2010.
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(R427, H. 4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".
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(R428, H. 4953 (Word version)) -- Reps. Cooper, Harrell and Bingham: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
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The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senator PATTERSON addressed the Senate.

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

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

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

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

At 2:40 P.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

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

A quorum being present, the Senate resumed.

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

Senator McCONNELL addressed the Senate with remarks.

Senator VAUGHN addressed the Senate.

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

The following were introduced:

S. 1459 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE RUSSELL R. "RANDY" SCOTT FOR HIS DISTINGUISHED SERVICE ON BEHALF OF THE CITIZENS OF SENATE DISTRICT 38, IN CHARLESTON AND DORCHESTER COUNTIES, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1460 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE CATHERINE CRAWFORD CEIPS, OF BEAUFORT COUNTY, FOR HER FIVE YEARS OF DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS AS SHE DEPARTS THE SENATE.
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The Senate Resolution was adopted.

S. 1461 (Word version) -- Senators McConnell, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE JAMES H. "JIM" RITCHIE, JR., FOR HIS DISTINGUISHED SERVICE ON BEHALF OF THE CITIZENS OF SENATE DISTRICT 13, GREENVILLE, SPARTANBURG, AND UNION COUNTIES, AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1462 (Word version) -- Senator Hawkins: A SENATE RESOLUTION HONORING MAJOR GENERAL JAMES W. RAFFERTY AND HIS WIFE MRS. MELANIE RAFFERTY AND THANKING THEM FOR THEIR DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
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The Senate Resolution was adopted.

S. 1463 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF HARRIET MCBRYDE JOHNSON OF CHARLESTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1464 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR BARRY F. BOLEN, OF LEXINGTON COUNTY, FOR THIRTY-SIX YEARS OF DISTINGUISHED SERVICE AS AN EDUCATOR, UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1465 (Word version) -- Senator McConnell: A SENATE RESOLUTION HONORING THE MEMORY OF HARRIET MCBRYDE JOHNSON, OF CHARLESTON COUNTY, CIVIL AND DISABILITY RIGHTS ADVOCATE, ATTORNEY, AND AUTHOR, AND ACCEPTING HER LIFE-LONG CHALLENGE TO RECOGNIZE THE DIGNITY OF PEOPLE WITH DISABILITIES.
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The Senate Resolution was adopted.

S. 1466 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF REVEREND WILLIAM M. LOWMAN AND HIS POLITICAL AND SPIRITUAL LEGACY TO THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 1467 (Word version) -- Senator McGill: A SENATE RESOLUTION TO CONGRATULATE HOPEWELL AME CHURCH UPON THE OCCASION OF THE DEDICATION OF ITS NEW SANCTUARY ON SATURDAY, JUNE 21, 2008.
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The Senate Resolution was adopted.

S. 1468 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE PATRICIA BALDWIN DIXON, OF CHARLESTON COUNTY, FOR TWENTY-SEVEN YEARS OF DISTINGUISHED PUBLIC SERVICE, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER SUCCESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1469 (Word version) -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, SECTION 2-1-180 OF THE 1976 CODE, AND THE PROVISIONS OF S. 838, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 27, 2008, NOT LATER THAN 5:00 P.M. OR ANYTIME PRIOR, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON CERTAIN OCCURRENCES AND FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN 5:00 P.M. ON FRIDAY, OCTOBER 31, 2008.
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Be it resolved by the Senate, the House of Representatives concurring:

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

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

(2)   receipt and consideration of gubernatorial vetoes; and

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

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

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

The Concurrent Resolution was introduced.

The question was the adoption of the Concurrent Resolution.

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

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

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

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

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

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

Dear Mr. President and Members of the Senate:

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

(R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS AND , 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 , RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY (ABBREVIATED TITLE)

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

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

Before I elaborate on these concerns, let me say again how I believe that the provision in question is well-intentioned. Part of unconditional love is being able to show it, and to the maximum extent possible, the state ought to be about the business of encouraging and facilitating a loved one being able to, in fact, show love and concern toward a son, daughter, cousin or nephew who is incarcerated. This is much easier to do if your loved one is housed closer to you. We empathize with families - that did not commit a crime - that are forced to travel longer distances to see their loved ones in prison. With gas prices continuing to rise, the burden on families is perhaps felt more now than in any other recent time. We believe that it is better to have inmates placed in closer proximity to their churches and loved ones, and, for this reason, it has been the position of the administration to bring families and inmates closer together whenever requested to do so. Sometimes this is possible and other times it is not, based on capacity requirements within Corrections. Codifying what we already try to do within Corrections will have the unintended consequence of inviting lawsuits. This would take more money from a Corrections department and the inmates housed there that are already in need of more financial resources. In fact, I find it somewhat unbelievable that the General Assembly would pass yet another mandate on the Department of Corrections at the same time that the budget that they passed this year forces the Department of Corrections to run an $8 million dollar deficit. It is well known that our prisons are at capacity - and this makes it impossible to house all inmates in the prison closest to their home. If the General Assembly will pass a budget without deficits incorporated into it for Corrections, it will, in fact, be much easier to do that which this proposed provision is suggesting.

We also believe the manner in which this amendment was included in this legislation highlights a procedural problem that exists in the Senate. It is our understanding that a single senator "placed his name on the Bill" - even though no other senator had objections to the legislation. To get this senator to remove his objection, this amendment was included. We believe that adding this amendment to an otherwise routine Bill to placate a lone senator is a poor way to make public policy - and one that, in this case, supplants the will of the body at large.

While we approve of the majority of this Bill, we believe that the provision outlined above will lead to an increase in the number of lawsuits that the already underfunded Department of Corrections will be forced to defend. Without this troubling provision, we would sign this Bill.
Sincerely,
/s/ Mark Sanford

(R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS AND , 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 , RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY (ABBREVIATED TITLE)

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

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

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

Alexander                 Anderson                  Campbell
Ceips                     Courson                   Cromer
Drummond                  Elliott                   Fair
Ford *                    Gregory                   Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Massey                    Matthews
McGill                    O'Dell                    Patterson
Peeler                    Rankin                    Reese
Scott                     Setzler                   Sheheen
Thomas                    Vaughn                    Williams

Bryant                    Campsen                   Grooms
McConnell                 Verdin *

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.401, S. 181 by a vote of 21 to 78:

(R401, S181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS AND , 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 , RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION , RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISONERS" FOR THE TERM "CONVICT", AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION , RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION , RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION , RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION , RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION , RELATING TO ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICTS"; TO AMEND SECTION , RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION , RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION , RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION , RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM "CONTRABAND"; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES ASSUMING CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL TO A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL THE JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION , RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION , RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION , RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAY BE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS , , , , , , , , AND , ALL RELATING TO DEFINITIONS, THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION , RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION , RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION , RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS , , , , , , , , , , , , , , , , , , , , , , , , AND , ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION PROGRAM" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERM "INMATES" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAY BE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION , RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION , AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; AND TO REPEAL SECTIONS , , 24-5-30, 24-5-70, , , , , 24-7-70, 24-7-80, , , AND RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING CHAPTER 5 TO TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION , RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REUSE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS; AND BY ADDING SECTION SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE STOLEN MONUMENTS, VASES, OR MARKERS THAT COMMEMORATE DECEASED INDIVIDUALS AND TO PROVIDE A PENALTY.
Very respectfully,
Speaker of the House

Received as information.

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

Dear Mr. President and Members of the Senate:

I am hereby vetoing S. 577, R-403, which, among other things, doubles the penalties for assault and battery upon coaches and sports officials.

(R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION , RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION , RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.

Let me begin by saying that we appreciate Sen. SHEHEEN's attempt with this Bill to deter assaults upon coaches and sports officials. Coaches are to be admired for the way they dedicate time and energy in instructing young people in life lessons that will make an impact on who and what these young people do and become. In the same vein, sports officials teach young athletes about the larger notion of rules going with life. It is a sorry commentary on society at large when a Bill like this needs to even be debated, but it does given the fact that attacks have taken place. I believe that attacks by overzealous parents to be wrong and deserving of our greatest condemnation and prosecution under the law.

I also believe this prosecution should take place under existing law because changing it as this Bill does sets a dangerous precedent of carving out a special status for coaches and officials that other citizens don't enjoy. Assault of any kind, to any South Carolinian, for any reason - is wrong and should be immediately dealt with. When we begin elevating certain people to a status where they get extra protection under the law, we begin to signal the crime can be less egregious in other instances. Again, the view of the Administration is assault is wrong to anyone - every time. There are many other individuals who perform valuable functions for society who are not entitled to special protection. For example, clergy members, Boy Scout leaders, and other types of mentors have similar roles as coaches in instructing our youth, but they would not receive extra protection under this Bill. Can anyone really say that an attack on a coach is worse than an attack on a minister who is trying to help in a thorny domestic situation? We believe wrong is wrong every time and, therefore, we believe it is a better policy to create uniform penalties for attacks that give all citizens equal protection under the law.

For these reasons, I am vetoing S. 577, R-403.
Sincerely,
/s/ Mark Sanford

(R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION , RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION , RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.

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

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

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

Alexander                 Bryant                    Campbell
Ceips                     Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Hawkins
Hutto                     Jackson                   Knotts
Leatherman                Leventis                  Lourie
Malloy                    Massey                    Matthews
McGill                    O'Dell                    Patterson
Peeler                    Rankin                    Reese
Scott                     Setzler                   Sheheen
Thomas                    Williams

Campsen                   Grooms                    Martin
McConnell                 Vaughn                    Verdin

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.403, S. 577 by a vote of 87 to 17:

(R403, S577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION , RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION , AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION , RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.
Very respectfully,
Speaker of the House

Received as information.

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

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 799, R-344.

(R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION , RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION , RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION , RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.

This Bill amends the Acupuncturist Practice Act to allow the Board of Medical Examiners to decide whether or not an acupuncturist can use the title "doctor." It also specifies who may perform a certain type of acupuncture called auricular detoxification therapy.

While I believe there is great value in a more holistic approach to one's health and I recognize the value of alternatives to western medical approaches, as an Administration we still fundamentally believe in the overarching need to limit the scope of government. As you may recall, in 2004, I vetoed the Acupuncturist Practice Act (H. 3891) because we believed it was unduly burdensome and imposed unnecessary regulatory restrictions on the profession - and created yet another oversight board in South Carolina.

By allowing the Board of Medical Examiners to approve whether or not an acupuncturist can use the title "doctor," we are duplicating regulatory oversight. In this case, the state would be providing oversight by one board - over the last one (the Acupuncture Board) created only about a year ago. An acupuncturist does not work under the direct supervision of a physician, and by creating a hybrid organizational arrangement, we only further convolute our already Byzantine and overly redundant government structure. Additionally, this would be new ground that we would be covering in that the Board of Medical Examiners does not currently decide whether or not other professions (i.e., chiropractors) can use the same title.

For these reasons, I am vetoing and returning without my signature S. 799, R-344.
Sincerely,
/s/Mark Sanford

(R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION , RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION , RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION , RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.

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

Senator HAYES spoke on the veto.

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

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

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

Alexander                 Anderson                  Campbell
Ceips                     Cromer                    Elliott
Hawkins                   Hayes                     Hutto
Knotts                    Land                      Lourie
Martin                    O'Dell                    Peeler
Reese                     Scott                     Sheheen
Thomas

Bryant                    Campsen                   Fair
Grooms                    Malloy                    Massey
McConnell                 McGill                    Setzler
Verdin                    Williams

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

(R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION , RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION , RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION , RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.

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

The motion to reconsider was adopted.

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

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

Alexander                 Campbell                  Ceips
Courson                   Cromer                    Drummond
Elliott                   Gregory                   Hawkins
Hayes                     Hutto                     Jackson *
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McGill
O'Dell                    Patterson                 Peeler
Rankin                    Reese                     Scott
Sheheen                   Thomas                    Williams

Bryant                    Campsen                   Fair
Grooms                    Massey                    McConnell
Setzler                   Vaughn                    Verdin

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.344, S. 799 by a vote of 6 to 94:

(R344, S799 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION , RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION , RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION , RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.
Very respectfully,
Speaker of the House

Received as information.

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

Dear Mr. President and Members of the Senate:

I am writing to inform you that I am vetoing and returning without my signature S. 968, R-346.

(R346, S968 (Word version)) -- Senators McGill, O'Dell, Williams and Knotts: AN ACT TO AMEND SECTION , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION , RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION , AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.
The underlying Bill redefines the weapons definition of a knife with a two-inch handle. If this were the only provision of the Bill, I would have no trouble signing it.

What gave us pause about this legislation was the second section, which is aimed at allowing state employees and legislators to store a concealed weapon in their vehicle when entering the State House complex. We have long supported the Second Amendment Rights of our state's citizens and have supported several Bills to allow them to enjoy those rights. What I find troubling about this Bill is the way that it seems to contradict the central tenet of true public service, which is putting the rights of others above oneself. To the outside observer it would seem that self-interest reigns supreme when it comes to security measures in, or around, the State Capitol.

As we all know, $6 million has been directed to make secure what was already an incredibly secure Capitol Complex. Instead, those funds could have gone to other law enforcement efforts to make the average South Carolinian across the state more secure. Most people don't work in a place that has its own police force, armed guards 24 hours a day, security cameras, and more. Nonetheless, this additional $6 million was spent over our objection - and in that process, security measures have moved forward erecting a variety of barriers, entrances, and screening devices and sensors.

In effect, the "People's House" has become something of a fortress both to mirror many of the security features found in Washington, D.C. - and to allegedly protect it from terrorist attack. There is obviously a glaring difference in the level of threat in Washington, D.C. versus Columbia, S.C. Our point is simply this: If we are going to spend the $6 million and if those kinds of security measures are going to be installed, it would make sense to live by the same rules that have been employed in the Capitol Complex in Washington wherein members are not in fact allowed to bring a weapon to work.

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

To be consistent in our objection, we will once again veto this Bill because it further codifies the $6 million in security upgrades that we think to be unnecessary.

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

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

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

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

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

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

Martin

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

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

Dear Mr. President and Members of the Senate:

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

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

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

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

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

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

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

Senator HUTTO spoke on the veto.

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

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

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

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

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

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

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

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

The motion to reconsider was adopted.

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

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

Senator KNOTTS rose for an Expression of Personal Interest.

Senator SCOTT rose for an Expression of Personal Interest.

Senator CEIPS rose for an Expression of Personal Interest.

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

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

Dear Mr. President and Members of the Senate:

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

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

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

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

We occasionally support making exceptions to the bias described above when it can be demonstrated that there is an overwhelming or especially strong consequence to a tax exemption. Unfortunately, this can not be demonstrated in this instance. As with any sales tax exemption, it can be shown that there is a savings to the individual - but the key is to demonstrate that it compels them to take an action that they would not have without its presence. Based on the numbers we have seen, the consumer will be compelled to take advantage of the ENERGY STAR rating even without the sales tax exemption because it is in their financial best interest to do so. For example, the average cost of a standard manufactured home is $54,300. The cost of an ENERGY STAR rated mobile home is nearly $2,599 more, bringing the average up to $56,900. The average monthly savings that results in the reduced utility costs associated with ENERGY STAR manufactured homes averages $70 a month or $840 a year. This means that a consumer recoups the initial increased cost of the energy efficient home in just 36 months, and, in our view, this is incentive enough for consumers to purchase ENERGY STAR rated manufactured homes.

For the above reasons, I am vetoing S. 1141, R-355.
Sincerely,
/s/ Mark Sanford

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

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

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

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

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

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.355, S. 1141 by a vote of 98 to 0:

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

Received as information.

At 4:31 P.M., Senator McCONNELL assumed the Chair.

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

Dear Mr. President and Members of the Senate:

I am hereby vetoing S. 1143, R-356.

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

S. 1143 (Word version) does the following three things: (1) creates a month-long sales tax holiday for the purchase of energy-efficient products; (2) creates a two-day sales tax holiday for the purchase of firearms; and (3) requires all gasoline suppliers to provide raw gasoline to retailers and distributors so that they can "splash blend" ethanol.

First, while we support the intent underlying sales tax holidays, we are vetoing this Bill because we don't believe that sales tax holidays are an effective method of promoting energy efficiency or the Second Amendment. While we certainly support consumers purchasing energy-efficient products and firearms, we believe the best way to do that is to create a low-tax, consumer-friendly environment on a permanent basis. Several studies have shown that providing a temporary sales tax holiday does not have a significant impact on consumer demand for products and, by extension, the economy because it only affects the timing of a purchase. In short, we ought to be permanently lowering taxes and then leaving it to the individual to decide how and when to spend their money.

Second, we are vetoing this Bill because the "splash blending" provisions of S. 1143 permanently entangle a misguided federal ethanol policy with state law. This Bill requires that gasoline suppliers offer retailers and distributors raw gasoline that can be blended with ethanol and prohibits gas suppliers from denying retailers and distributors the opportunity to blend raw gasoline and ethanol on their own. Thus, gas suppliers would be prohibited from selling only blended ethanol to retailers and distributors. These provisions have arisen because a 2007 federal energy law requires gas suppliers to produce nine Billion gallons of blended ethanol in 2008 and even more in following years. It is our strong hope that these misguided federal laws will be repealed. Nonetheless, to meet this requirement, many large gas suppliers have decided to stop supplying raw gasoline to retailers and distributors and to offer only blended ethanol instead. If gas suppliers only offer blended ethanol, then local retailers and distributors will be prevented from obtaining federal tax credits for blending ethanol.

While we understand that local retailers and distributors want to preserve the opportunity to obtain blending tax credits, we don't believe it is wise to further support federal ethanol policies that have been proven ineffective and, in many ways, counterproductive. It is well documented that increasing ethanol production and consumption has not and likely will not lower gas prices or increase the nation's energy independence. Moreover, ethanol usage in its current form is not the environmentally-friendly alternative that many suggest it is. In fact, one recent study conducted by MIT showed that, on a life-cycle basis, gasoline and ethanol produce roughly the same amount of greenhouse gases. The federal policy of subsidizing and mandating ethanol production has caused food prices to rise and increased the amount of land devoted to farming, which often has damaging consequences to the environment.

As every day passes, there seems to be more evidence indicating that the federal ethanol policy is a bad idea and needs to be abandoned. The debacle of the federal government's ethanol policy is so bad that even the New York Times has stated in a recent editorial that "[i]t is time to end an outdated tax break for corn ethanol and to call a timeout in the fivefold increase in ethanol production mandated in the 2007 energy Bill." It is time to remove our heads from the sand about ethanol and ensure that our laws do not reflect this flawed premise that ethanol will solve our current energy crisis.

Third, we are also concerned that providing preference to local retailers and distributors over the out-of-state suppliers could be unconstitutional under the Commerce Clause of the U.S. Constitution because this preference discriminates against interstate commerce. The Commerce Clause prevents states from regulating commerce in a manner that prefers in-state interests over out-of-state interests. In fact, the Supreme Court stated in Brown-Forman Distillers Corp. v. New York State Liquor Authority that while "a State may seek lower prices for its consumers, it may not insist that producers or consumers in other States surrender whatever competitive advantages they may possess." This legislation appears to do exactly that by insisting that out-of-state gas suppliers surrender their natural competitive advantage of controlling the supply of gas by dictating that they cannot supply only blended ethanol to retailers and distributors in South Carolina.

Fourth, even if we did not have these concerns about the blending provisions in S. 1143, we would veto this Bill because it was added through the unconstitutional practice of bobtailing. This administration has consistently vetoed legislation which violates Article III, Section 17, of the South Carolina Constitution, which provides that "every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title." S. 1143 clearly violates this mandate and would undoubtedly be held to be unconstitutional by our Supreme Court.

S. 1143 (Word version) was introduced by Senator McConnell with the title reflecting a single subject of the sales tax holiday for energy efficient products. The title of S. 1143 remained unchanged throughout the legislative process. The Senate passed the Bill with this title intact and the Bill related only to the single subject stated in the title. The House amended S. 1143 by adding a section that provided for an exemption from sales tax holiday for firearms. While this broadened the Bill, the amendment remained related to sales tax holidays. Thus, as passed by the House the Bill would very likely pass constitutional muster. However, when the Bill was returned to the Senate, the Bill was amended to include the ethanol blending provisions. This amendment is totally unrelated to the other provisions of the Bill and, therefore, not within the "single subject" of the title.

The South Carolina Supreme Court has most recently addressed the "single subject" or "bobtail" issue in Sloan v. Wilkins. Citing numerous prior cases, the Court said that the "purpose of Article III, Section 17 is (1) to apprise the members of the General Assembly of the contents of an act by reading the title, (2) prevent legislative log-rolling and (3) inform the people of the state of the matters with which the General Assembly concerns itself."

The ethanol blending amendment violates all three purposes the Supreme Court established because it was never introduced as a separate Bill nor discussed as an amendment in any subcommittee or committee of the General Assembly. Thus, the deliberative process that is supposedly the hallmark of the legislative process was by-passed and the public was denied opportunity to be informed of and participate in the consideration of the ethanol blending provisions.

This constitutional infirmity was recognized by Senator McConnell, the author of the original Bill. When the ethanol blending amendment was brought up on the Senate floor, he stated that it was unconstitutional and announced he wanted to be recorded as voting against it. While Senator McConnell and I do not always agree, we are in agreement that this measure is unconstitutional.

For these reasons, we are vetoing S. 1143, R-356.
Sincerely,
/s/ Mark Sanford

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

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

Senator MARTIN argued in favor of sustaining the veto of the Governor.

Senator O'DELL argued in favor of overriding the veto of the Governor.

Senator LEATHERMAN argued in favor of sustaining the veto of the Governor.

Senator DRUMMOND spoke on the veto.

Senator THOMAS spoke on the veto.

Senator McCONNELL argued in favor of sustaining the veto of the Governor.

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

At 4:56 P.M., Senator MARTIN assumed the Chair.

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

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

Alexander                 Anderson                  Bryant
Ceips                     Courson                   Cromer
Drummond                  Elliott                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Massey
Matthews                  McGill                    O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Ryberg *
Setzler                   Sheheen                   Thomas
Verdin                    Williams

Campbell                  Campsen                   Ford
Leatherman                Martin                    McConnell
Scott                     Vaughn

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

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

I voted to sustain the veto on S. 1143 because the Board of Economic Advisers has certified that the Bill will reduce General Fund revenue by an estimated $1,240,206 in FY09-10. Given the current economic climate and pressing needs of this State, I cannot vote for additional tax exemptions of this magnitude until we have completed a detailed study of our State's tax structure as I have recommended in proposed legislation.

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

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

Dear Mr. President and Members of the Senate:

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

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

This Bill would remove the cap from the Centers for Economic Excellence Matching Endowment and would guarantee that $30 million a year be put toward the program. Additionally, this Bill would impose special student fees at Francis Marion University essentially making students help repay bonds for new athletic facilities.

There could be nothing better intended than the idea of growing the knowledge-based economy in South Carolina. We're all for that as South Carolinians. The real question lies in how you do it and whether or not you pause, analyze, and make improvements in your efforts to do something on which there is more or less complete accord. As we have stated in several instances, our veto is not aimed at ending the Endowed Chairs program but bettering it by forcing policymakers to look at what works and what does not work in the program.

It also needs to be remembered that this debate is about whether we increase funding by $20 million and keep it within the confines of the cap that came with the original Endowed Chairs program or raise it by $30 million, break the cap, and do no review of what works and does not work. This last point is especially important given that universities like Clemson have become especially creative in defining matching dollars. Most recently they matched state money with land that had been transferred from the state to North Charleston as the "supposed" private match in the confederate era submarine restoration project from which we have yet to see any material private investment or job creation. In short, Endowed Chairs may well have merit, but in these economic times it is very important that we live within the original $200 million commitment and take a slightly longer look at where change might strengthen the program.

Overall, this Administration has many concerns about this legislation, several of which relate to the Endowed Chairs program. One can certainly grow the economy by growing government, but this Administration believes that it's far better grown by the private sector. Given South Carolina government has already funneled just shy of $200 million into the Endowed Chairs program, coupled with the importance of limiting the growth of government as a tool in growing the economy, we believe removing the cap and guaranteeing an additional $10 million, over the $20 million already promised in funding, isn't a wise course.

A better course, in our view, is to not rush forward and to leave the cap in place so that we can continue the program and possibly gain insight by reviewing the program's success. While we agree with the intent of the program, here are some reasons that we are concerned with the proposed legislation.

1. We believe that the General Assembly is reauthorizing an Act that has not lived up to its legislative intent. The program, which created endowed professorships at the three senior research universities, was initially begun as dollar-for-dollar match between state and non-state resources. What has happened over time is that non-state funds have not been collected to fully match state funds. The unmatched dollars have caused the program to drift toward one that is being overwhelmingly driven by public expenditures.
2. The requirements in using this money are being watered down. For example, the original legislation required cash-on-hand to be eligible for the state match. Then it became allowable to use cash within 18 months, and then two 6-month extensions were added on top of that. Also, the original legislation required that the money go directly to fund the actual endowed chair; not to fund equipment for the chair. Now, "in-kind" contributions are eligible for state match, and, in some cases, we believe the in-kind "match" doesn't truly equal the monetary value committed by the state. For instance, a microscope valued at $1.5 million was used as a state "match," but many have legitimately questioned whether this device would actually sell for that amount in the real market.
3. Of equal concern in this Bill is that it waives the $200 million cap for the program - which it has almost reached - and commits $30 million be put toward the program each year. This is a risky commitment - considering that education lottery funds have dwindled in recent years - meaning that money for this program is competing with fewer dollars for need-based scholarships and K-12 education.
4. It appears to us that the hard questions about waste in the program aren't getting asked. For example, a Public Relations firm in Columbia has been hired, in essence, to help ask for yet more state funding and support. Is it really worth the $750,000 contract? And does this not fall into the category of using state money to lobby for yet more state money? Similarly, at Innovista in Columbia - though construction has been delayed, costs are up about $10 million, and tenants and private buildings have not materialized - the private developer has still been paid handsomely. If the Endowed Chairs program is about economic development, then why don't we require a quantified return on our investment? For instance, a large part of the program's mission is to ensure that the professorships create well-paying jobs and enhance economic opportunities and improve the quality of life for South Carolinians. If this Bill is going to commit $30 million annually, why don't we request job creation numbers, as we do for other economic development efforts?
5. Finally, we are very concerned with Article 3 of the Bill, which includes imposing special student fees at Francis Marion University for the purpose of repaying bonds to cover athletic facility upgrades. While we aren't opposed to seeing students have the chance to enhance their athletic skills and physical well-being with newer, safer equipment and facilities, we are opposed to the fact that this legislation is allowing the university to once again turn to the student to help pick up the cost. The Bill also states that the funds could be raised through admission fees, but we are reluctant to believe that ticket sales would raise sufficient revenue to repay the bonds. 6.

As we've said in the past, we have to stop and look closely at the likely long-term effects of this type of legislation, and this veto represents a stopping point for our Administration. It is our belief that special fees tied to repayment of bonds are essentially de facto tuition payments that will only further increase the financial burden on students. This comes at a time when tuition has already skyrocketed in recent years. South Carolina currently ranks at the top of all Southeastern states for the cost of in-state tuition, and there are only six other states in the nation that have higher in-state tuition fees. At Francis Marion, tuition increased by 8.1 percent last year and the university has seen a 38 percent tuition increase over the past five years. Having a post-secondary program will serve little purpose if our children cannot afford to participate.

It is for these reasons that I am vetoing S. 1252, R-363, and returning it without my approval.
Sincerely,
/s/ Mark Sanford

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

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

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

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

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

Alexander                 Anderson                  Campbell
Ceips                     Cromer                    Drummond
Elliott                   Fair                      Ford *
Gregory                   Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
McConnell                 McGill                    O'Dell
Patterson                 Peeler                    Rankin
Reese                     Scott                     Setzler
Sheheen                   Thomas                    Verdin
Williams

Bryant                    Campsen                   Massey
Vaughn

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.363, S. 1252 by a vote of 103 to 0:

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

Received as information.

Columbia, S.C., June 25, 2008

At 5:26 P.M., Senator McCONNELL assumed the Chair.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.386, H. 4743 by a vote of 86 to 19:

(R386, H4743 (Word version)) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION , RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Very respectfully,
Speaker of the House

Received as information.

(R386, H4743 (Word version)) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: AN ACT TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; BY ADDING SECTION SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION , RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS; AND TO REPEAL CHAPTER 33, TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.

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

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

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

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

Alexander                 Anderson                  Ceips
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Massey
Matthews                  McGill                    O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Sheheen                   Thomas
Vaughn                    Williams *

Bryant                    Campbell                  Campsen
Gregory                   Martin                    McConnell
Verdin

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.390, H. 4773 by a vote of 105 to 0:

(R390, H4773 (Word version)) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS AND INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT, ASSISTING IN THE ERECTION AND FURNISHING A BUILDING FOR USE BY THE COMMISSION IN DORCHESTER COUNTY, AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.
Very respectfully,
Speaker of the House
Received as information.

(R390, H4773 (Word version)) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS AND INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT, ASSISTING IN THE ERECTION AND FURNISHING A BUILDING FOR USE BY THE COMMISSION IN DORCHESTER COUNTY, AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.385, H. 4470 by a vote of 109 to 0:

(R385, H4470 (Word version)) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT A PUBLIC OR PRIVATE UTILITY MAY NOT IMPOSE A TAP FEE, RECURRING MAINTENANCE FEE, OR OTHER FEE, HOWEVER DESCRIBED FOR THE INSTALLATION AND MAINTENANCE OF A FIRE SPRINKLER SYSTEM THAT EXCEEDS THE ACTUAL COSTS ASSOCIATED WITH THE WATER LINE TO THE SYSTEM AND TO DEFINE ACTUAL COSTS; BY ADDING SECTION SO AS TO ALLOW A PROPERTY TAX CREDIT, AT THE OPTION OF THE PROPERTY-TAXING ENTITY FOR TWENTY-FIVE PERCENT OF THE COSTS OF INSTALLING A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN SUCH INSTALLATION IS NOT REQUIRED BY LAW, TO ALLOW AN INCOME TAX CREDIT IN THE AMOUNT OF THE PROPERTY TAX CREDIT, TO PROVIDE THE MANNER IN WHICH THESE CREDITS ARE USED WHEN EARNED BY PASS-THROUGH ENTITIES, AND TO MAKE UNUSED CREDITS TRANSFERABLE BY THE STRUCTURE'S OWNER TO A TENANT; TO AMEND SECTION , AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO PROVIDE THAT THE INSTALLATION OF A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW IS NOT AN ADDITION OR IMPROVEMENT; BY ADDING SECTION 10-1-80 SO AS TO PROHIBIT ENFORCEMENT OF THAT PORTION OF THE INTERNATIONAL FIRE CODE OR NATIONALLY RECOGNIZED FIRE CODE THAT PROHIBITS THE USE OF NATURAL CUT TREES IN CELEBRATIONS IN HOUSES OF WORSHIP; AND TO AMEND SECTION , AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE VALUE OF FIRE SPRINKLER SYSTEM EQUIPMENT INSTALLED IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW AND TO PROVIDE THAT THIS EXEMPTION APPLIES UNTIL THE PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST.
Very respectfully,
Speaker of the House
Received as information.

(R385, H4470 (Word version)) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT A PUBLIC OR PRIVATE UTILITY MAY NOT IMPOSE A TAP FEE, RECURRING MAINTENANCE FEE, OR OTHER FEE, HOWEVER DESCRIBED FOR THE INSTALLATION AND MAINTENANCE OF A FIRE SPRINKLER SYSTEM THAT EXCEEDS THE ACTUAL COSTS ASSOCIATED WITH THE WATER LINE TO THE SYSTEM AND TO DEFINE ACTUAL COSTS; BY ADDING SECTION SO AS TO ALLOW A PROPERTY TAX CREDIT, AT THE OPTION OF THE PROPERTY-TAXING ENTITY FOR TWENTY-FIVE PERCENT OF THE COSTS OF INSTALLING A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN SUCH INSTALLATION IS NOT REQUIRED BY LAW, TO ALLOW AN INCOME TAX CREDIT IN THE AMOUNT OF THE PROPERTY TAX CREDIT, TO PROVIDE THE MANNER IN WHICH THESE CREDITS ARE USED WHEN EARNED BY PASS-THROUGH ENTITIES, AND TO MAKE UNUSED CREDITS TRANSFERABLE BY THE STRUCTURE'S OWNER TO A TENANT; TO AMEND SECTION , AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO PROVIDE THAT THE INSTALLATION OF A FIRE SPRINKLER SYSTEM IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW IS NOT AN ADDITION OR IMPROVEMENT; BY ADDING SECTION 10-1-80 SO AS TO PROHIBIT ENFORCEMENT OF THAT PORTION OF THE INTERNATIONAL FIRE CODE OR NATIONALLY RECOGNIZED FIRE CODE THAT PROHIBITS THE USE OF NATURAL CUT TREES IN CELEBRATIONS IN HOUSES OF WORSHIP; AND TO AMEND SECTION , AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE VALUE OF FIRE SPRINKLER SYSTEM EQUIPMENT INSTALLED IN A COMMERCIAL OR RESIDENTIAL STRUCTURE WHEN THE INSTALLATION IS NOT REQUIRED BY LAW AND TO PROVIDE THAT THIS EXEMPTION APPLIES UNTIL THE PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST.

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.392, H. 4815 by a vote of 93 to 0:

(R392, H4815 (Word version)) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: AN ACT TO AMEND SECTION 1-30-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; AND TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

(R392, H4815 (Word version)) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: AN ACT TO AMEND SECTION 1-30-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF COMMERCE AND SECTION 1-30-80, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO MOVE THE SOUTH CAROLINA FILM COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND PROVIDE TRANSITION PROVISIONS; AND TO AMEND CHAPTER 62 OF TITLE 12, AS AMENDED, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO MAKE CONFORMING AMENDMENTS REFLECTING THE TRANSFER OF THE SOUTH CAROLINA FILM COMMISSION.

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

Senator McGILL spoke on the veto

Senator CAMPSEN argued in favor of sustaining the veto of the Governor.

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

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

Alexander                 Anderson                  Ceips
Cromer                    Drummond                  Elliott
Ford                      Grooms                    Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
McConnell                 McGill                    O'Dell
Patterson                 Peeler                    Pinckney
Reese                     Sheheen                   Thomas
Verdin                    Williams *

Bryant                    Campbell                  Campsen
Courson                   Fair                      Gregory
Massey                    Setzler                   Vaughn

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.382, H. 4339 by a vote of 103 to 1:

(R382, H4339 (Word version)) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, IF OTHERWISE ELIGIBLE, ALSO MAY RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.
Very respectfully,
Speaker of the House

Received as information.

(R382, H4339 (Word version)) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, IF OTHERWISE ELIGIBLE, ALSO MAY RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.

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

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.427, H. 4950 by a vote of 104 to 1:

(R427, H4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".
Very respectfully,
Speaker of the House

Received as information.

(R427, H4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".

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

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.398, H. 5012 by a vote of 83 to 21:

(R398, H5012 (Word version)) -- Rep. Chalk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
Very respectfully,
Speaker of the House

Received as information.

(R398, H5012 (Word version)) -- Rep. Chalk: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.

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

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.417, H. 3912 by a vote of 96 to 13:

(R417, H3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION , RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION , AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.
Very respectfully,
Speaker of the House

Received as information.

(R417, H3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION , AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION , RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION , AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.

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

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

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

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

Alexander                 Anderson                  Bryant
Campbell                  Ceips                     Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    McGill                    O'Dell
Patterson                 Peeler                    Pinckney
Reese                     Scott *                   Setzler
Thomas                    Vaughn                    Verdin
Williams *

Campsen                   Martin                    Massey
McConnell                 Sheheen

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.378, H. 3993 by a vote of 63 to 41:

(R378, H3993 (Word version)) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "HISTORIC BASEBALL LEAGUES DAY" IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

Received as information.

At 6:24 P.M., Senator MARTIN assumed the Chair.

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.395, H. 4982 by a vote of 11 to 1:

(R395, H4982 (Word version)) -- Rep. Hayes: AN ACT TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

(R395, H4982 (Word version)) -- Rep. Hayes: AN ACT TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.

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

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

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

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

Elliott

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.416, H. 3812 by a vote of 110 to 0:

(R416, H3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.
Very respectfully,
Speaker of the House

Received as information.

(R416, H3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.

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

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

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

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

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

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

Columbia, S.C., June 25, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.421, H. 4554 by a vote of 103 to 1:

(R421, H4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION , AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION.
Very respectfully,
Speaker of the House

Received as information.

(R421, H4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION , AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION.

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

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

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

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

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

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

At 6:15 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 7:00 P.M.

There was no objection and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.

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

Senator MALLOY spoke on the report.

On motion of Senator MALLOY, the Report of the Committee of Conference to S. 429 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 429 (Word version) -- Senators Malloy and Jackson: TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.

Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Date 6/5/08--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.   Title 17 of the 1976 Code is amended by adding:
"Chapter 28
Article 1
Post-Conviction DNA Procedures

Section .   This article may be cited as the 'Access to Justice Post-Conviction DNA Testing Act'.

Section .   For purposes of this article:

(1)   'Biological material' means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes.

(2)   'Custodian of evidence' means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding.

(3)   'DNA' means deoxyribonucleic acid.

(4)   'DNA profile' means the results of any testing performed on a DNA sample.

(5)   'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples.

(6)   'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained.

(7)   'Incarceration' means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program.

(8)   'Law enforcement agency' means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.

(9)   'Physical evidence' means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section , and that is in the possession of a custodian of evidence.

Section .   (A)   A person who pled not guilty to at least one of the following offenses, was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication:

(1)   murder (Section 16-3-10);

(2)   killing by poison (Section 16-3-30);

(3)   killing by stabbing or thrusting (Section 16-3-40);

(4)   voluntary manslaughter (Section 16-3-50);

(5)   homicide by child abuse (Section 16-3-85(A)(1));

(6)   aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2));

(7)   lynching in the first degree (Section );

(8)   killing in a duel (Section );

(9)   spousal sexual battery (Section );

(10)   criminal sexual conduct in the first degree (Section );

(11)   criminal sexual conduct in the second degree (Section );

(12)   criminal sexual conduct in the third degree (Section );

(13)   criminal sexual conduct with a minor (Section );

(14)   arson in the first degree resulting in death (Section (A));

(15)   burglary in the first degree for which the person is sentenced to ten years or more (Section (B));

(16)   armed robbery for which the person is sentenced to ten years or more (Section (A));

(17)   damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section );

(18)   abuse or neglect of a vulnerable adult resulting in death (Section (F));

(19)   sexual misconduct with an inmate, patient, or offender (Section );

(20)   unlawful removing or damaging of an airport facility or equipment resulting in death (Section ));

(21)   interference with traffic-control devices or railroad signs or signals resulting in death (Section (B)(3));

(22)   driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section );

(23)   obstruction of railroad resulting in death (Section ); or

(24)   accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection.

(B)   A person who pled guilty or nolo contendere to at least one of the offenses enumerated in subsection (A), was subsequently convicted of or adjudicated delinquent for the offense, is currently incarcerated for the offense, and asserts he is innocent of the offense may apply for forensic DNA testing of his DNA and any physical evidence or biological material related to his conviction or adjudication no later than seven years from the date of sentencing.

Section .   (A)   The application must be made on such form as prescribed by the Supreme Court.

(B)   The application must be verified by the applicant and filed under the original indictment number or petition with the clerk of court of the general sessions court or family court in which the conviction or adjudication took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct.

(C)   The application must, under penalty of perjury:

(1)   identify the proceedings in which the applicant was convicted or adjudicated;

(2)   give the date of the entry of the judgment and sentence and identify the applicant's current place of incarceration;

(3)   identify all previous or ongoing proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or adjudication;

(4)   make a reasonable attempt to identify the physical evidence or biological material that should be tested and the specific type of DNA testing that is sought;

(5)   explain why the identity of the applicant was or should have been a significant issue during the original court proceedings, notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity;

(6)   explain why the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or, if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, provide the results of the testing and explain how the requested DNA test would provide a substantially more probative result;

(7)   explain why if the DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching; and

(8)   provide that the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice.

Section .   (A)   The clerk shall file the application upon its receipt and promptly bring it to the attention of the court and deliver for docketing a copy to the solicitor of the circuit in which the applicant was convicted or adjudicated. The Attorney General and the appropriate custodian of evidence shall be notified by the solicitor. The victim shall be notified pursuant to the provisions of Article 15, Chapter 3, Title 16.

(B)   Within ninety days after the forwarding of the application, or upon any further time the court may fix, the solicitor of the circuit in which the applicant was convicted or adjudicated, or the Attorney General if the Attorney General prosecuted the case, shall respond to the application. Within ninety days after the docketing of the application, or within any further time the court may fix, the victim may respond as provided in Article 15, Chapter 3, Title 16. The court may proceed with a hearing if the solicitor or Attorney General, as applicable, or the victim does not respond to the application.

(C)   At any time prior to entry of judgment the court may, when appropriate, issue orders for amendment of the application and for any documents related to the application including, but not limited to, pleadings, motions, and requests for extensions of time. In considering the application and related documents, the court shall take account of substance, regardless of defects of form. When the court is satisfied, on the basis of the application, the responses, or the motion of the solicitor or Attorney General, as applicable, that the applicant is not entitled to DNA testing and no purpose would be served by any further proceedings, it may indicate to the applicant and the solicitor or Attorney General, as applicable, its intention to summarily dismiss the application and its reasons for so doing. The victim shall be notified of the proposed dismissal pursuant to the provisions of Article 15, Chapter 3, Title 16. The court shall make specific findings of fact and expressly state its conclusions of law. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed, grant leave to file an amended application, or direct that the proceedings otherwise continue.

(D)   If the applicant has filed a previous application for DNA testing, the applicant may file a successive application, provided the applicant asserts a grounds for DNA testing which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.

Section .   If the applicant is unable to pay court costs and expenses of counsel, these costs and expenses shall be made available to the applicant in amounts and to the extent provided pursuant to Section . The applicant must request counsel at the time he files his application. The court must appoint counsel for an indigent applicant after the court has determined that the application is sufficient to proceed to a hearing but prior to the actual hearing. If counsel has been appointed for the applicant in an ongoing post-conviction relief proceeding, then the counsel appointed in the post-conviction relief proceeding shall also serve as counsel for purposes of this article. The performance of counsel pursuant to this article shall not form the basis for relief in any post-conviction relief proceeding.

Section .   (A)   The court shall order a custodian of evidence to preserve all physical evidence and biological material related to the applicant's conviction or adjudication pursuant to the provisions of Article 3, Chapter 28, Title 17.

(B)   The custodian of evidence shall prepare an inventory of the physical evidence and biological material and issue a copy of the inventory to the applicant, the solicitor or Attorney General, as applicable, and the court.

(C)   For physical evidence or biological material that the custodian of evidence asserts has been lost or destroyed, the court shall order a custodian of evidence to locate and provide the applicant and the solicitor or Attorney General, as applicable, with a copy of any document, note, log, or report relating to the physical evidence or biological material.

(D)   If no physical evidence or biological material is discovered, the court may order a custodian of evidence, in collaboration with law enforcement, to search physical evidence and biological material in the custodian of evidence's possession that would reasonably be expected to produce relevant physical evidence or biological material. The order shall provide that any physical evidence and biological material subject to this search must be adequately protected by the custodian of evidence, in collaboration with law enforcement, from interference by a third party, including, but not limited to, alteration, contamination, destruction, or tampering with the physical evidence and biological material and any chain of custody related to the physical evidence and biological material.

(E)   A person who willfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this section with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is subject to the provisions of Section .

Section .   For any physical evidence or biological material previously subjected to DNA testing whether by the applicant or the solicitor or Attorney General, as applicable, the court shall order the production of all written reports and laboratory reports prepared in connection with the DNA testing, including the underlying data and laboratory notes.

Section .   (A)   The application must be heard in, and before a judge of, the general sessions court or family court in which the conviction or adjudication took place. A record of the proceedings must be made and preserved. All rules and statutes applicable in criminal proceedings are available to the applicant and the solicitor or Attorney General, as applicable.

(B)   The court shall order DNA testing of the applicant's DNA and the physical evidence or biological material upon a finding that the applicant has established each of the following factors by a preponderance of the evidence:

(1)   the physical evidence or biological material to be tested is available and is potentially in a condition that would permit the requested DNA testing;

(2)   the physical evidence or biological material to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect, or the testing itself may establish the integrity of the physical evidence or biological material;

(3)   the physical evidence or biological material sought to be tested is material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity;

(4)   the DNA results of the physical evidence or biological material sought to be tested would be material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the offense notwithstanding the fact that the applicant may have pled guilty or nolo contendere or made or is alleged to have made an incriminating statement or admission as to identity;

(5)   if the requested DNA testing produces exculpatory results, the testing will constitute new evidence that will probably change the result of the applicant's conviction or adjudication if a new trial is granted and is not merely cumulative or impeaching;

(6)   the physical evidence or biological material sought to be tested was not previously subjected to DNA testing, or, if the physical evidence or biological material sought to be tested was previously subjected to DNA testing, the requested DNA test would provide a substantially more probative result; and

(7)   the application is made to demonstrate innocence and not solely to delay the execution of a sentence or the administration of justice.

(C)   The court shall order that any sample taken of the applicant's DNA for purposes of DNA testing pursuant to this article or for submission to SLED pursuant to subsection (F) be taken by a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker. The applicant's counsel, if any, and the solicitor or Attorney General, as applicable, must be allowed to observe the taking of any sample.

(D)   The court shall order that the applicant's DNA sample and the physical evidence or biological material be tested by SLED, a local Combined DNA Index System (CODIS) laboratory, or, prior to any testing, any other laboratory approved by SLED, in an effort to ensure that the results may be entered into the State DNA Database and Combined DNA Index System. Any other type of DNA testing ordered by the court shall be conducted in consultation with SLED or a local CODIS laboratory.

(E)   The court shall order that the applicant pay the costs of the DNA testing. If the applicant is indigent, the costs of the DNA testing shall be paid by the State.

(F)   The court shall order that a sample of the applicant's DNA be submitted to SLED to compare with profiles in the State DNA Database and any federal or other law enforcement DNA database in compliance with National DNA Index System (NDIS) procedures. The sample must be submitted regardless of any previous samples submitted by the applicant. If the comparison matches a DNA profile for the offense for which the applicant was convicted or adjudicated, the DNA profile may be retained in the State DNA Database. If the comparison does not match a DNA profile for the offense for which the applicant was convicted or adjudicated, but results in a match with a DNA profile for any other offense, the DNA profile may be retained in the State DNA Database. SLED shall notify the appropriate law enforcement agency. If the comparison does not match a DNA profile for any offense, the DNA record must be destroyed. Any previous profiles must be maintained by SLED subject to the State DNA Database Act. SLED shall report to the court, the applicant, and the solicitor or Attorney General, as applicable, the results of all DNA database comparisons. The victim must be notified of the results of all DNA database comparisons pursuant to Article 15, Chapter 3, Title 16.

(G)   The applicant and the solicitor or Attorney General, as applicable, shall have the right to appeal a final order denying or granting DNA testing by a writ of certiorari to the Court of Appeals or the Supreme Court as provided by the South Carolina Appellate Court Rules.

Section .   (A)   The results of the DNA test must be fully disclosed to the court, the applicant, and the solicitor or Attorney General, as applicable. The victim shall be notified of the results of the DNA test pursuant to Article 15, Chapter 3, Title 16. The court shall order the production of any written reports and laboratory reports prepared in connection with the DNA testing, including underlying data and notes.

(B)   The results of the DNA test may be used by the applicant, solicitor, or Attorney General in any post-conviction proceeding or trial. If the results of the DNA test are exculpatory, the applicant may use the exculpatory results of the DNA test as grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure. If the results of the DNA test are inconclusive, the court may allow for additional DNA testing or may dismiss the application. If the results of the DNA test are inculpatory, the court shall dismiss the application and shall, on motion of the solicitor or Attorney General, as applicable:

(1)   make a determination whether the applicant's assertion of actual innocence was intentionally false, and, as a result, hold the applicant in contempt of court;

(2)   assess against the applicant the cost of any DNA testing not already paid by the applicant;

(3)   forward the findings to the South Carolina Department of Corrections, who may use such finding to deny good conduct credit; and

(4)   forward the findings to the Department of Probation, Parole and Pardon Services, who may use the findings to deny parole.

(C)   Except as otherwise provided in this article, DNA records, results, and information taken from the applicant are exempt from any law requiring disclosure of information to the public.

Section .   (A)   Nothing in this article prohibits a person and a solicitor or the Attorney General, as applicable, from consenting to and conducting post-conviction DNA testing by agreement of the parties. The person may use the exculpatory results of the DNA test as the grounds for filing a motion for new trial pursuant to the South Carolina Rules of Criminal Procedure.

(B)   Nothing in this article prohibits a person from filing an application for post-conviction relief pursuant to Chapter 27, Title 17.

(C)   Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, or an employee of the State or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle the applicant to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial.

Section .   No more than one hundred fifty thousand dollars may be expended from the general fund in any fiscal year to administer the provisions of this article."

SECTION   2.   Title 17 of the 1976 Code is amended by adding:
"Chapter 28
Article 3
Preservation of Evidence

Section .   This article shall be cited as the 'Preservation of Evidence Act'.

Section )   'Biological material' means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes.

(2)   'Custodian of evidence' means an agency or political subdivision of the State including, but not limited to, a law enforcement agency, a solicitor's office, the Attorney General's Office, a county clerk of court, or a state grand jury that possesses and is responsible for the control of evidence during a criminal investigation or proceeding, or a person ordered by a court to take custody of evidence during a criminal investigation or proceeding.

(3)   'DNA' means deoxyribonucleic acid.

(4)   'DNA profile' means the results of any testing performed on a DNA sample.

(5)   'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples.

(6)   'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained.

(7)   'Incarceration' means serving a term of confinement in the custody of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice and does not include a person on probation, parole, or under a community supervision program.

(8)   'Law enforcement agency' means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.

(9)   'Physical evidence' means an object, thing, or substance that is or is about to be produced or used or has been produced or used in a criminal proceeding related to an offense enumerated in Section , and that is in the possession of a custodian of evidence.

Section .   (A)   A custodian of evidence must preserve all physical evidence and biological material related to the conviction or adjudication of a person for at least one of the following offenses:

(1)   murder (Section 16-3-10);

(2)   killing by poison (Section 16-3-30);

(3)   killing by stabbing or thrusting (Section 16-3-40);

(4)   voluntary manslaughter (Section 16-3-50);

(5)   homicide by child abuse (Section 16-3-85(A)(1));

(6)   aiding and abetting a homicide by child abuse (Section 16-3-85(A)(2));

(7)   lynching in the first degree (Section );

(8)   killing in a duel (Section );

(9)   spousal sexual battery (Section );

(10)   criminal sexual conduct in the first degree (Section );

(11)   criminal sexual conduct in the second degree (Section );

(12)   criminal sexual conduct in the third degree (Section );

(13)   criminal sexual conduct with a minor (Section );

(14)   arson in the first degree resulting in death (Section (A));

(15)   burglary in the first degree for which the person is sentenced to ten years or more (Section (B));

(16)   armed robbery for which the person is sentenced to ten years or more (Section (A));

(17)   damaging or destroying a building, vehicle, or property by means of an explosive incendiary resulting in death (Section );

(18)   abuse or neglect of a vulnerable adult resulting in death (Section (F));

(19)   sexual misconduct with an inmate, patient, or offender (Section );

(20)   unlawful removing or damaging of an airport facility or equipment resulting in death (Section ));

(21)   interference with traffic-control devices or railroad signs or signals resulting in death (Section (B)(3));

(22)   driving a motor vehicle under the influence of alcohol or drugs resulting in death (Section );

(23)   obstruction of railroad resulting in death (Section ); or

(24)   accessory before the fact (Section 16-1-40) to any offense enumerated in this subsection.

(B)   The physical evidence and biological material must be preserved:

(1)   subject to a chain of custody as required by South Carolina law;

(2)   with sufficient documentation to locate the physical evidence and biological material; and

(3)   under conditions reasonably designed to preserve the forensic value of the physical evidence and biological material.

(C)   The physical evidence and biological material must be preserved until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A). However, if the person is convicted or adjudicated on a guilty or nolo contendere plea for the offense enumerated in subsection (A), the physical evidence and biological material must be preserved for seven years from the date of sentencing, or until the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in subsection (A), whichever comes first.

Section .   (A)   After a person is convicted or adjudicated for at least one of the offenses enumerated in Section , a custodian of evidence shall register with the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, as a custodian of evidence for physical evidence or biological material related to the person's conviction or adjudication.

(B)   The South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, as applicable, shall notify a custodian of evidence registered pursuant to subsection (A) if the person is released from incarceration, dies while incarcerated, or is executed for the offense enumerated in Section .

Section .   (A)   After a person is convicted or adjudicated for at least one of the offenses enumerated in Section , a custodian of evidence may petition the general sessions court or family court in which the person was convicted or adjudicated for an order allowing for disposition of the physical evidence or biological material prior to the period of time described in Section if:

(1)   the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law; or

(2)   DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted.

(B)   The petition must:

(1)   be made on such form as prescribed by the Supreme Court;

(2)   identify the proceedings in which the person was convicted or adjudicated;

(3)   give the date of the entry of the judgment and sentence;

(4)   specifically set forth the physical evidence or biological material to be disposed of; and

(5)   specifically set forth the reason for the disposition.

(C)   The clerk of court shall file the petition upon its receipt and promptly bring it to the attention of the court and deliver a copy to the convicted or adjudicated person and the solicitor or Attorney General, as applicable. The victim shall be notified of the petition pursuant to Article 15, Chapter 3, Title 16.

(D)   The convicted or adjudicated person and the solicitor or Attorney General, as applicable, shall have one hundred and eighty days to respond to the petition. The victim may respond within one hundred and eighty days in accordance with the provisions of Article 15, Chapter 3, Title 16.

(E)   After a hearing, the court may order that the custodian of evidence may dispose of the physical evidence or biological material if the court determines by preponderance of evidence that:

(1)   the physical evidence or biological material must be returned to its rightful owner, is of such size, bulk, or physical character as to make retention impracticable, or is otherwise required to be disposed of by law, or DNA evidence was previously introduced at trial, was found to be inculpatory, and all appeals and post-conviction procedures have been exhausted;

(2)   the convicted or adjudicated person, the solicitor or Attorney General, as applicable, and the victim have been notified of the petition for an order to dispose of the physical evidence or biological material;

(3)   the convicted or adjudicated person did not file an affidavit declaring, under penalty of perjury, the person's intent to file an application for post-conviction DNA testing of the physical evidence or biological material pursuant to Article 1, Chapter 28, Title 17 within ninety days followed by the actual filing of the application;

(4)   the solicitor or the Attorney General, as applicable, and the victim have not filed a response requesting that the physical evidence or biological material not be disposed of; and

(5)   no other provision of federal or state law, regulation, or court rule requires preservation of the physical evidence or biological material.

(F)   If the court issues an order for the disposition of the physical evidence or biological material, the court may require a custodian of evidence to take reasonable measures to remove and preserve portions of the physical evidence or biological material in a quantity sufficient to:

(1)   permit future DNA testing or other scientific analysis; or

(2)   for other reasons, upon request and good cause shown, by the solicitor or Attorney General, as applicable, or the victim.

Section .   A person who wilfully and maliciously destroys, alters, conceals, or tampers with physical evidence or biological material that is required to be preserved pursuant to this article with the intent to impair the integrity of the physical evidence or biological material, prevent the physical evidence or biological material from being subjected to DNA testing, or prevent the production or use of the physical evidence or biological material in an official proceeding, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense, and not more than five thousand dollars or imprisoned for not more than one year, or both, for each subsequent violation.

Section .   Unless there is an act of gross negligence or intentional misconduct this article may not be construed to give rise to a claim for damages against the State of South Carolina, a political subdivision of the State, an employee of the State, or a political subdivision of the State. Failure of a custodian of evidence to preserve physical evidence or biological material pursuant to this article does not entitle a person to any relief from conviction or adjudication but does not prohibit a person from presenting this information at a subsequent hearing or trial."

SECTION   3.   A.     This SECTION may be referred to and cited as the "Unidentified Human Remains DNA Database Act".
B.     Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section .   Family members of a missing person may submit DNA samples to the State Law Enforcement Division (SLED). If the person is missing thirty days after a missing person report has been submitted to the Missing Person Information Center, SLED must conduct DNA identification, typing, and testing on the family members' samples. SLED may, within its discretion, conduct DNA identification, typing, and testing on the family members' samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. If SLED does not have the technology necessary for a particular method of DNA identification, typing, or testing, SLED may submit the DNA samples to a Combined DNA Indexing System (CODIS) laboratory that has the appropriate technology. The results of the identification, typing, and testing must be entered into CODIS."
C.     Article 9, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section .   Upon notification by the Medical University of South Carolina or other facility preserving the body of an unidentified person that the body remains unidentified after thirty days, the State Law Enforcement Division (SLED) must conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples provided to SLED pursuant to Section 17-7-25. SLED may, within its discretion, conduct DNA identification, typing, and testing of the unidentified person's tissue and fluid samples prior to thirty days if SLED determines that such DNA identification, typing, and testing is necessary. The results of the identification, typing, and testing must be entered into the Combined DNA Indexing System."
D.     Article 1, Chapter 7, Title 17 of the 1976 Code is amended by adding:

"Section 17-7-25.   A coroner performing an autopsy on an unidentified body must obtain tissue and fluid samples suitable for DNA identification, typing, and testing. The samples must be transmitted to the State Law Enforcement Division."
E.     Section (B) of the 1976 Code is amended to read:

"(B)   If the body cannot be identified through reasonable efforts, the coroner must forward the body to the Medical University of South Carolina or other suitable facility for preservation. The body must be preserved for not less than thirty days, unless the body is identified within that time. If the body remains unidentified thirty days after the coroner forwarded the body, the Medical University of South Carolina or other facility preserving the body must immediately notify the State Law Enforcement Division (SLED). If the body has not been identified at the end of that time within thirty days after SLED has entered the unidentified person's DNA profile into the Combined DNA Indexing System pursuant to Section , the Medical University may retain possession of the body for its use and benefit or return the body to the coroner of the county where death occurred for disposition as provided by law. A facility other than the Medical University utilized by the coroner for storage of an unidentified body may dispose of the body as provided by law or return the body to the coroner of the county where death occurred for disposition."
F.     This SECTION takes effect upon approval by the Governor.

SECTION   4.   A.   This SECTION may be cited as the "South Carolina Protection from Violence Against Women and Children Act".
B.     Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section .   As used in this article:

(A)   'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained;

(B)   'DNA profile' means the results of any testing performed on a DNA sample; and

(C)   'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples."
C.     Section of the 1976 Code is amended to read:

"Section .   (A)   Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for:

(1)   a felony offense or an offense that is punishable by a sentence of five years or more; or

(2)   eavesdropping, peeping, or stalking, any of which are committed in this State, a person, except for any juvenile, arrested or ordered by a court must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:. Additionally, any person, including any juvenile, ordered to do so by a court, and any juvenile convicted or adjudicated delinquent for an offense contained in items (1) or (2), must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database.

(1)   any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section ); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample.

(B)   A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, sheriff's office that serves a courtesy summons, courthouse where a direct presentment indictment is served, or other location as specified by the sentencing court detention facility at the time the person is booked and processed into the jail or detention facility following the custodial arrest, or other location when the taking of fingerprints is required prior to a conviction. The sample must be submitted to SLED as directed by SLED. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody before providing a DNA sample must provide a DNA sample at a location specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance.

(C)(B)   At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)   a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section ); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004.

(D)(C)   An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2) (B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement.

(E)(D)   At such time as possible and Unless a sample has already been provided pursuant to the provisions of subsection (A), before release a person is released from confinement or release released from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1)   a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section ); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004.

(F)   A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED.

(G)(E)   A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination prior to the creation of a DNA record or DNA profile suitable for inclusion in the DNA Database.

(H)(F)   The provisions of this section apply to juveniles notwithstanding the provisions of Section ."
D.     Section of the 1976 Code is amended to read:

"Section .   (A)   Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other an appropriately trained health care worker person may take a sample from which DNA may be obtained.

(B)   A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood a sample."
E.     Section of the 1976 Code is amended to read:

"Section .   (A)   The DNA sample record and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These records and results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample results. However, SLED must not make the DNA record or the DNA profile available to any entity that is not a law enforcement agency unless instructed to do so by order of a court with competent jurisdiction.

(B)   To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA Database.

(B)(C)   A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both.

(C)(D)   A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both."
F.     Section of the 1976 Code is amended to read:

"Section .   (A)   A person whose DNA record or DNA profile has been included in the State DNA Database may request expungement on the grounds that must have his DNA record and his DNA profile expunged if:

(1)   the charges pending against the person who has been arrested or ordered to submit a sample:

(a)   have been nolle prossed;

(b)   have been dismissed; or

(c)   have been reduced below the requirement for inclusion in the State DNA Database; or

(2)   the person has been found not guilty, or the person's conviction or adjudication has been reversed, set aside, or vacated.

(B)   The solicitor in the county in which the person was charged must notify SLED when the person becomes eligible to have his DNA record and DNA profile expunged. Upon receiving this notification, SLED must begin the expungement procedure.

(C)   SLED, at no cost to the person, shall must purge DNA and all other identifiable record information and the DNA profile from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:

(1)   a document certified:

(a)   by a circuit court judge;

(b)   by a prosecuting agency; or

(c)   by a clerk of court;
that must be produced to the requestor at no charge within fourteen days after the request is made and after one of the events in subsection (A) has occurred, and no new trial has been ordered by a court of competent jurisdiction; or

(2)   a certified copy of the court order finding the person not guilty, or reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged.

(D)   The person's entry in the State DNA Database shall not be removed if the person has another qualifying offense.

(E)   The jail intake officer, sheriff's office employee, courthouse employee, or detention facility intake officer shall provide written notification to the person of his right to have his DNA record and DNA profile expunged and the procedure for the expungement pursuant to this section at the time that the person's saliva or tissue sample is taken. The written notification must include that the person is eligible to have his DNA record and his DNA profile expunged at no cost to the person when:

(1)   the charges pending against the person are:

(a)   nolle prossed;

(b)   dismissed; or

(c)   reduced below the requirement for inclusion in the State DNA Database; or

(2)   when the person has been found not guilty, or the person's conviction has been reversed, set aside, or vacated.

(F)   When SLED completes the expungement process, SLED must notify the person whose DNA record and DNA profile have been expunged and inform him, in writing, that the expungement process has been completed."
G.     Section of the 1976 Code is amended to read:

"Section .   (A)   The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must pay a two hundred and fifty dollar processing fee which may not be waived by the court. However:

(1)   If if the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.; and

(2)   If if the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B)   The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."
H.     Section (B) of the 1976 Code is amended to read:

"(B)   A person subjected to a lawful custodial arrest for a state offense must be fingerprinted at the time the person is booked and processed into a jail or detention facility or other location when the taking of fingerprints is required. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information."
I.     This SECTION takes effect on January 1, 2009. However, the implementation of the procedures provided for in this SECTION is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this SECTION are fully funded and executed, implementation of the provisions of this SECTION shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this SECTION from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section . Upon this SECTION taking effect, a South Carolina law enforcement agency, which has in its possession any DNA samples that have been included in the DNA Database, immediately must destroy and dispose of the DNA samples in accordance with regulations promulgated by SLED pursuant to Section .

SECTION   5.   The repeal or amendment by the provisions of this act or any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   6.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   7.   The provisions of Section become effective upon the signature of the Governor. All other provisions become effective January 1, 2009. The enactment of these provisions prior to the effective date indicates the intent of the General Assembly that statewide laws or practices shall exist to ensure additional procedures for post-conviction DNA testing, and proper preservation of biological evidence connected to murder, rape, and non-negligent homicide in order that application for available federal funds shall be made by the appropriate agencies and considered by the appropriate federal agencies prior to the effective date.   /

Amend title to conform.

/s/Sen. Gerald Malloy             /s/Rep. G. M. Smith
/s/Sen. Jake Knotts                               /s/Rep. Doug Jennings

, and a message was sent to the House accordingly.

Columbia, S.C., June 25, 2008

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 25, 2008

Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:

S. 429 (Word version) -- Senators Malloy and Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 28, THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", SO AS TO PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, AND BY ADDING ARTICLE 3, CHAPTER 28, THE "PRESERVATION OF EVIDENCE ACT", SO AS TO PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE.
Very respectfully,
Speaker of the House
Received as information.

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

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

Senator LEATHERMAN spoke on the report.

Senator HAYES spoke on the report.

On motion of Senator HAYES, Free Conference Powers were granted.

Whereupon, Senators LAND, O'DELL and HAYES were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 4355 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

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

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

That the same do pass with the following amendments: (Reference is to Printer's Version 6/4/08.)

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

/   SECTION   1.   Section 80C.5, Part IB of Act 310 of 2008, is amended by adding a new paragraph at the end to read:

"Each state agency, as so classified by the Employee Insurance Program for purposes of providing health insurance, by September 30, 2008, shall remit the amount of premium savings as determined by the Employee Insurance Program to the State Treasurer for deposit in a fund separate and distinct from the general fund of the State and all other funds, which is hereby established within the State Treasury. Each state agency is authorized to use funds from any revenue source except federal funds for this payment. By this paragraph, these remittances are deemed to have occurred and are available for appropriation. From the amount recouped from state agencies and transferred to the separate fund established pursuant to this paragraph, the State Treasurer shall disburse the following amounts appropriated for the purposes stated: up to $3,125,000 to the State Election Commission for the 2008 General Election, to the extent that sufficient monies are not available in the Capital Reserve Fund for Fiscal Year , with the balance to the Department of Education for school bus fuel and parts. Unexpended funds appropriated pursuant to this paragraph may be carried forward to succeeding fiscal years and expended for the same purposes." /

Amend title to read:

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

/s/Sen. John Land                 /s/Rep. Dan Cooper
/s/Sen. William O'Dell                   /s/Rep. Chip Limehouse

, and a message was sent to the House accordingly.

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

Columbia, S.C., June 25, 2008

Mr. President and Senators:

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

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

Received as information.

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

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

A message was sent to the House accordingly.

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

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

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

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

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

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

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

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

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

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

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

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

(R429, S. 429 (Word version)) -- Senators Malloy and Jackson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 1, CHAPTER 28 TO TITLE 17 SO AS TO ENACT THE "ACCESS TO JUSTICE POST-CONVICTION DNA TESTING ACT", TO DEFINE NECESSARY TERMS, PROVIDE PROCEDURES FOR POST-CONVICTION DNA TESTING, PROVIDE A MANNER FOR THE PRESERVATION OF PHYSICAL AND BIOLOGICAL EVIDENCE, PROVIDE THE METHOD OF DISCLOSING THE RESULTS OF DNA TESTING, PROVIDE IMMUNITY FROM CIVIL LIABILITY UNLESS THERE IS AN ACT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND PROVIDE LIMITS ON EXPENDITURES IN ONE YEAR TO ADMINISTER THE ACT; BY ADDING ARTICLE 3, CHAPTER 28 TO TITLE 17 SO AS TO ENACT THE "PRESERVATION OF EVIDENCE ACT", TO DEFINE NECESSARY TERMS, PROVIDE PROCEDURES FOR PRESERVATION OF EVIDENCE, DELINEATE THE OFFENSES FOR WHICH PHYSICAL EVIDENCE AND BIOLOGICAL MATERIAL MUST BE PRESERVED, CREATE THE OFFENSE OF DESTROYING OR TAMPERING WITH PHYSICAL EVIDENCE OR BIOLOGICAL MATERIAL AND TO PROVIDE A PENALTY, AND PROVIDE IMMUNITY FROM CIVIL LIABILITY UNLESS THERE IS AN ACT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; TO ENACT THE "UNIDENTIFIED HUMAN REMAINS DNA DATABASE ACT" BY ADDING SECTION SO AS TO PROVIDE THAT FAMILY MEMBERS OF A MISSING PERSON MAY SUBMIT DNA SAMPLES TO THE STATE LAW ENFORCEMENT DIVISION (SLED), TO REQUIRE SLED TO CONDUCT DNA IDENTIFICATION, TYPING, AND TESTING ON THE DNA SAMPLE PROVIDED BY FAMILY MEMBERS IF THE PERSON HAS BEEN MISSING THIRTY DAYS, TO PROVIDE A PROCEDURE FOR ENTERING THE DNA SAMPLES OF FAMILY MEMBERS INTO THE COMBINED DNA INDEXING SYSTEM (CODIS); BY ADDING SECTION SO AS TO PROVIDE PROCEDURES FOR DNA TESTING OF THE BODIES OF UNIDENTIFIED PERSONS BY SLED WHEN NOTIFIED BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) OR ANOTHER FACILITY THAT THE BODY REMAINS UNIDENTIFIED AFTER THIRTY DAYS; BY ADDING SECTION 17-7-25 SO AS TO PROVIDE THAT A CORONER PERFORMING AN AUTOPSY ON AN UNIDENTIFIED BODY MUST OBTAIN TISSUE AND FLUID SAMPLES FROM THE BODY SUITABLE FOR DNA IDENTIFICATION, TYPING, AND TESTING AND TO PROVIDE THAT THE CORONER MUST SEND THE SAMPLES TO SLED; TO AMEND SECTION , RELATING TO THE RELEASE AND BURIAL OF DEAD BODIES AND THE PRESERVATION AND DISPOSITION OF UNIDENTIFIED DEAD BODIES, SO AS TO PROVIDE THAT MUSC OR ANOTHER FACILITY PRESERVING AN UNIDENTIFIED DEAD BODY MUST NOTIFY SLED IF THE BODY REMAINS UNIDENTIFIED AFTER THIRTY DAYS, AND TO PROVIDE THAT THERE MAY BE NO DISPOSITION OF THE BODY UNTIL AT LEAST THIRTY DAYS AFTER THE BODY'S DNA PROFILE HAS BEEN ENTERED INTO CODIS; TO ENACT THE "SOUTH CAROLINA PROTECTION FROM VIOLENCE AGAINST WOMEN AND CHILDREN ACT" BY ADDING SECTION TO DEFINE NECESSARY TERMS; TO AMEND SECTION , RELATING TO OFFENDERS REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE STATE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST, SERVICE OF A COURTESY SUMMONS, OR A DIRECT INDICTMENT FOR A FELONY OFFENSE, AN OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN APPROPRIATE AGENCY'S JURISDICTION; TO AMEND SECTION , 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 , RELATING TO THE CONFIDENTIALITY OF DNA PROFILES, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES AND TO INCREASE THE PENALTY FOR THE OFFENSE OF WILFULLY DISCLOSING OR OBTAINING CONFIDENTIAL DNA INFORMATION; TO AMEND SECTIONS AND , RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, RESPECTIVELY, 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 INITIALLY AND THE PERSON TESTED MUST PAY A PROCESSING FEE UPON CONVICTION, PLEA OF NOLO CONTENDERE, OR FORFEITURE OF BOND; AND TO AMEND SECTION , 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.
L:\COUNCIL\ACTS\429AHB08.DOC

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

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

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

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

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

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

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