HOUSE JOURNAL - www.scstatehouse.net

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

NO. 14

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2008
________

WEDNESDAY, JANUARY 30, 2008
(STATEWIDE SESSION)

~~Indicates Matter Stricken~~
Indicates New Matter

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

Our thought for today is from Psalm 112:7: "They are not afraid of evil tidings, their hearts are firm."
Let us pray. Gracious Lord, help us to believe that whatever happens in the future, You will be there with us. Encourage us to get hold of God's shirttail. Beckon us to believe in a loving God who will not desert us, but will always protect us. Lord, in our most needy times, come to our aid. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who work in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of the Reverend Monroe Bush, Jr. of Williston, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Ordered for consideration tomorrow.

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

S. 452 (Word version) -- Senators Grooms, McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
Ordered for consideration tomorrow.

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

H. 4390 (Word version) -- Reps. G. M. Smith, Lowe and Witherspoon: A BILL TO AMEND SECTION 50-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS MUST SUCCESSFULLY COMPLETE A HUNTER'S EDUCATION PROGRAM BEFORE THEY ARE ELIGIBLE TO RECEIVE A SOUTH CAROLINA HUNTING LICENSE, SO AS TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO ACTIVE OR RETIRED UNITED STATES ARMED SERVICES PERSONNEL WHO CAN DEMONSTRATE TO THE DEPARTMENT OF NATURAL RESOURCES THAT THEY RECEIVED WEAPONS TRAINING DURING THEIR MILITARY CAREER.
Ordered for consideration tomorrow.

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

H. 4344 (Word version) -- Reps. M. A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO DELETE A PROVISION ENABLING THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH METHODS AND RESTRICTIONS FOR THE HUNTING AND TAKING OF DEER.
Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4408 (Word version) -- Reps. Skelton, Harrell and Walker: A BILL TO AMEND SECTIONS 59-104-25 AND 59-149-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES AND THE LIFE SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES, RESPECTIVELY, BOTH SO AS TO REVISE THE COURSE REQUIREMENTS NECESSARY TO RECEIVE THE STIPEND DURING A STUDENT'S FRESHMAN YEAR.
Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4372 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-53-1610 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 19, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 2 TO ARTICLE 19, CHAPTER 53, TITLE 59, SO AS TO PROVIDE FOR THE CREATION OF THE AIKEN TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4316 (Word version) -- Reps. Lucas, Clyburn and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-28 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2008 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4364 (Word version) -- Reps. M. A. Pitts, Littlejohn and Toole: A BILL TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO LAWFULLY POSSESS HANDGUNS IF ENGAGED IN THE BUSINESS OF DEALING IN FIREARMS IN THE ORDINARY COURSE OF BUSINESS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3202 (Word version) -- Reps. White, Umphlett, Agnew, Gambrell, E. H. Pitts, Cotty, M. A. Pitts, Bedingfield, Frye, Toole and Loftis: A BILL TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25 SO AS TO PROVIDE THAT HUNTING, TRAPPING, AND FISHING, AND THE TAKING OF WILD ANIMALS, BIRDS, AND FISH ARE A VALUED PART OF OUR HERITAGE AND SHALL BE FOREVER PRESERVED FOR THE PEOPLE; TO PROVIDE THAT FISH AND WILDLIFE SHALL BE MANAGED BY LAWS AND REGULATIONS THAT PROVIDE PERSONS WITH THE CONTINUED OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY PURSUED BY HUNTERS, ANGLERS, AND TRAPPERS; TO PROVIDE THAT ANY PERSON WHO IS LICENSED TO HUNT, FISH, OR TRAP AND WHO IS ADVERSELY AFFECTED BY A FAILURE TO COMPLY WITH THIS SECTION SHALL HAVE A PRIVATE CAUSE OF ACTION TO ENFORCE THIS SECTION; AND TO PROVIDE THAT THE RIGHT OF THE PEOPLE TO HUNT, FISH, TRAP, AND HARVEST GAME SHALL BE SUBJECT ONLY TO SUCH REGULATIONS AND RESTRICTIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE BY GENERAL LAW.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3715 (Word version) -- Reps. Talley, Duncan and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4437 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4438 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4596 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-43 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A PERSON WITH AN INTEREST IN A REAL ESTATE TRANSACTION INVOLVING AN APPRAISAL TO COMMIT ANY ACT THAT IMPAIRS THE INDEPENDENT JUDGMENT OF THE APPRAISER IN CARRYING OUT THE APPRAISAL ASSIGNMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR A CIVIL CAUSE OF ACTION INCLUDING THE AWARD OF COURT COSTS AND ATTORNEY'S FEES, AND TO PROVIDE FOR REVOCATION OF PROFESSIONAL LICENSES OF OFFENDERS.
Referred to Committee on Judiciary

H. 4598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO GASOLINE, LUBRICATING OILS AND OTHER PETROLEUM PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4601 (Word version) -- Reps. W. D. Smith, Cobb-Hunter, Talley, Hagood, Scott and Viers: A BILL TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW THE CRIME VICTIM'S ADVISORY BOARD TO AUTHORIZE ADDITIONAL COUNSELING FOR VICTIMS BASED ON DOCUMENTED NEED; TO AMEND SECTION 16-3-1230, AS AMENDED, RELATING TO CRIME VICTIMS' COMPENSATION CLAIMS, SO AS TO ALLOW CLAIM SUBMISSION VIA FACSIMILE OR OTHER ELECTRONIC MEANS; TO AMEND ARTICLE 14, CHAPTER 3 OF TITLE 16, RELATING TO THE VICTIM/WITNESS ASSISTANCE PROGRAM, SO AS TO RESTRUCTURE THE PROGRAM SO AS TO EMPOWER THE STATE OFFICE OF VICTIM ASSISTANCE TO PROVIDE CERTAIN SERVICES CURRENTLY PROVIDED BY THE VICTIM COMPENSATION FUND, TO RESTRUCTURE THE VICTIMS' SERVICES TO BE PROVIDED, TO CREATE THE VICTIM SERVICES COORDINATING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, AND TO CREATE THE OFFICE OF VICTIM SERVICES EDUCATION AND CERTIFICATION WITHIN THE OFFICE OF THE CRIME VICTIMS' OMSBUDSMAN AND ESTABLISH CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR VICTIM SERVICE PROVIDERS; AND BY ADDING SECTION 16-3-1680 SO AS TO AUTHORIZE THE CRIME VICTIMS' OMSBUDSMAN TO PROMULGATE NECESSARY REGULATIONS.
Referred to Committee on Judiciary

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

S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1023 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 16A AND 17 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2008.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 4597 (Word version) -- Reps. Jefferson, Brantley, Crawford, Allen, Breeland, Clyburn, Cobb-Hunter, Dantzler, Gullick, Hagood, Harvin, Hodges, Hosey, Littlejohn, Mack, Mitchell, J. H. Neal, Scott, Sellers, D. C. Smith, Vick, Williams and Witherspoon: A HOUSE RESOLUTION EXPRESSING THE AWARENESS AND CONCERN OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR THE CITIZENS OF THIS STATE WHOSE LIVELIHOODS AND QUALITY OF LIFE HAVE SUFFERED DRASTICALLY AS A RESULT OF THE DROUGHT-INDUCED LOW LAKE LEVELS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4600 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 190 ALONG INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "BEN BERNANKE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE EXIT THAT CONTAIN THE WORDS "BEN BERNANKE INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cooper
Crawford               Dantzler               Delleney
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Perry                  Phillips
E. H. Pitts            Rice                   Sandifer
Scarborough            Sellers                Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 30.

Creighton Coleman                 Bill Cotty
Gloria Haskins                    Leon Howard
Lewis E. Pinson                   Michael A. Pitts
Todd Rutherford                   John Scott
Gary Simrill                      Thad Viers
Walton McLeod                     Ralph Davenport
Karl Allen                        David Weeks

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. BATTLE a leave of absence for today and tomorrow due to illness in the family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PARKS a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. CLEMMONS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 29.

SPECIAL PRESENTATION

Reps. MAHAFFEY, TALLEY and KELLY presented to the House the James F. Byrnes High School Varsity "Rebels" Football Team, the 2007 Division 1 AAAA Champions, their coaches and other school officials

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number: H. 3301 (Word version)
Date: ADD:
01/30/08 TALLEY

CO-SPONSOR ADDED

Bill Number: H. 3301 (Word version)
Date: ADD:
01/30/08 LITTLEJOHN

CO-SPONSOR ADDED

Bill Number: H. 4163 (Word version)
Date: ADD:
01/30/08 COTTY

CO-SPONSOR ADDED

Bill Number: H. 4274 (Word version)
Date: ADD:
01/30/08 G. BROWN

CO-SPONSOR ADDED

Bill Number: H. 4347 (Word version)
Date: ADD:
01/30/08 VIERS

CO-SPONSOR ADDED

Bill Number: H. 4347 (Word version)
Date: ADD:
01/30/08 SHOOPMAN

CO-SPONSOR ADDED

Bill Number: H. 4347 (Word version)
Date: ADD:
01/30/08 BEDINGFIELD

CO-SPONSOR ADDED

Bill Number: H. 4400 (Word version)
Date: ADD:
01/30/08 LOFTIS

CO-SPONSOR ADDED

Bill Number: H. 4400 (Word version)
Date: ADD:
01/30/08 EDGE

CO-SPONSOR ADDED

Bill Number: H. 4440 (Word version)
Date: ADD:
01/30/08 BRADY

CO-SPONSOR ADDED

Bill Number: H. 4474 (Word version)
Date: ADD:
01/30/08 STEWART

CO-SPONSOR ADDED

Bill Number: H. 4474 (Word version)
Date: ADD:
01/30/08 PERRY

CO-SPONSOR ADDED

Bill Number: H. 4474 (Word version)
Date: ADD:
01/30/08 VIERS

CO-SPONSOR ADDED

Bill Number: H. 4474 (Word version)
Date: ADD:
01/30/08 ALLEN

CO-SPONSOR ADDED

Bill Number: H. 4474 (Word version)
Date: ADD:
01/30/08 CLYBURN

CO-SPONSOR ADDED

Bill Number: H. 4513 (Word version)
Date: ADD:
01/30/08 BRADY

CO-SPONSOR ADDED

Bill Number: H. 4513 (Word version)
Date: ADD:
01/30/08 COTTY

CO-SPONSOR ADDED

Bill Number: H. 4550 (Word version)
Date: ADD:
01/30/08 COTTY

CO-SPONSOR ADDED

Bill Number: H. 4552 (Word version)
Date: ADD:
01/30/08 M. A. PITTS

CO-SPONSOR ADDED

Bill Number: H. 4590 (Word version)
Date: ADD:
01/30/08 LEACH

CO-SPONSOR REMOVED

Bill Number: H. 4539 (Word version)
Date: REMOVE:
01/30/08 R. BROWN

ORDERED TO THIRD READING

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

S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.

H. 4347 (Word version) -- Reps. Stavrinakis, Young, Toole, Littlejohn, Cotty, Funderburk, McLeod, Battle, M. A. Pitts, Viers, Shoopman and Bedingfield: A JOINT RESOLUTION TO DIRECT THE ATTORNEY GENERAL OF SOUTH CAROLINA TO PURSUE ALL AVAILABLE REMEDIES AND SEEK REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR COSTS INCURRED BY THE STATE ASSOCIATED WITH THE INCARCERATION OF ILLEGAL IMMIGRANTS AND PROVISION OF VARIOUS STATE GOVERNMENTAL SERVICES TO ILLEGAL IMMIGRANTS AND TO REQUIRE THE COOPERATION OF STATE GOVERNMENTAL AGENCIES IN PROVIDING INFORMATION ON ILLEGAL IMMIGRATION AND ILLEGAL IMMIGRANTS TO THE ATTORNEY GENERAL.

Rep. STAVRINAKIS explained the Joint Resolution.

H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL. VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.

Rep. COOPER explained the Joint Resolution.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land, Ritchie and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.

ORDERED ENROLLED FOR RATIFICATION

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

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

H. 4400--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E. H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J. R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G. M. Smith, G. R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney, White, Loftis and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11 OF TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT SO AS TO REQUIRE A PUBLIC EMPLOYER AND A CONTRACTOR DOING BUSINESS WITH A PUBLIC EMPLOYER TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF NEW EMPLOYEES, WITH ALTERNATIVE MEASURES TO BE FOLLOWED BY A CONTRACTOR, TO DESCRIBE COMPLIANCE, TO PROHIBIT LOCAL LAWS FROM LIMITING ENFORCEMENT, AND TO PROVIDE FOR FORMS, REGULATIONS, AND RULES; BY ADDING SECTION 23-52-10 SO AS TO PROVIDE THAT THE APPROPRIATE OFFICIAL UNDERTAKE TO DETERMINE THE LAWFUL PRESENCE IN THE UNITED STATES OF A PERSON CHARGED WITH A CRIMINAL OFFENSE AND CONFINED IN A JAIL AND TO PROVIDE THE PROCESS OF VERIFICATION AND REPORTING, AS WELL AS FOR RECOUPING EXPENSES OF THE CONFINEMENT; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO ENACT THE "REGISTRATION OF IMMIGRATION ASSISTANCE ACT", PRESCRIBING THE ACTS THAT MAY BE PERFORMED BY AN IMMIGRATION ASSISTANCE SERVICE, REQUIRING A PERSON PERFORMING THOSE ACTS TO BE LICENSED, REQUIRING THE POSTING OF CERTAIN CONSPICUOUS DISCLAIMERS, PROHIBITING THE PERFORMANCE OF CERTAIN ACTS, EXEMPTING CERTAIN PERSONS FROM THESE RESTRICTIONS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 11 TO CHAPTER 5 OF TITLE 43 SO AS TO REQUIRE ALL STATE AND LOCAL AGENCIES PROVIDING PUBLIC BENEFITS VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF A NATURAL PERSON EIGHTEEN YEARS OLD OR OLDER WHO APPLIES FOR STATE OR LOCAL BENEFITS OR FEDERAL BENEFITS ADMINISTERED BY THE STATE, PROVIDING EXCEPTIONS, PROVIDING FOR AN AFFIDAVIT OF ELIGIBILITY AND CRIMINAL PENALTIES FOR A FALSE AND FRAUDULENT AFFIDAVIT, FOR RESTITUTION OF IMPROPERLY RECEIVED BENEFITS, FOR A CIVIL CAUSE OF ACTION AND JOINT AND SEVERAL LIABILITY; BY ADDING SECTION 6-1-170 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM LIMITING OR INCREASING THE POWER OF LOCAL OFFICIALS TO ENFORCE STATE IMMIGRATION LAWS; BY ADDING SECTION 12-6-3595 SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE A YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; BY ADDING SECTION 16-9-460 SO AS TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, AND TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED; BY ADDING SECTION 16-13-525 SO AS TO REQUIRE A PERSON WHO USES FINANCIAL IDENTITY FRAUD INVOLVING THE CREATION OF DOCUMENTS PURPORTING TO AUTHORIZE EMPLOYMENT IN THE UNITED STATES TO DISGORGE ANY BENEFIT HE RECEIVES AND TO PROVIDE FOR CRIMINAL PENALTIES AND INDIVIDUAL CIVIL REMEDIES; BY ADDING SECTION 16-23-530 SO AS TO MAKE IT A CRIME TO OWN, POSSESS, TRANSFER, MAKE, DISPOSE OF, RENT, BUY, OR OTHERWISE TRANSACT AN ACTIVITY INVOLVING A FIREARM IN THIS STATE IF THE PERSON IS NOT LAWFULLY PRESENT IN THIS STATE; BY ADDING SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTIONS AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE DESIGNATION OF STATE AND LOCAL OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM, TO STIPULATE FUNDING FOR THE TRAINING, AND TO PROVIDE FOR CERTIFICATION OF TRAINING TO ENFORCE FEDERAL IMMIGRATION LAWS; BY ADDING SECTION 41-1-30 SO AS TO PROVIDE FOR A CIVIL CAUSE OF ACTION BY A PERSON WHO IS TERMINATED FOR THE PURPOSE OF BEING REPLACED BY A WORKER WHO IS NOT AUTHORIZED TO WORK IN THE UNITED STATES; BY ADDING SECTION 59-101-430 SO AS TO PROHIBIT A PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ATTENDING OR RECEIVING ANY BENEFIT OF RESIDENCE; BY AMENDING SECTION 1-31-40, RELATING TO THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO PROVIDE FOR A TOLL FREE TELEPHONE NUMBER, ELECTRONIC WEBSITE, AND TRACKING DATABASES FOR RECEIVING AND REPORTING VIOLATIONS OF LAWS OR REGULATIONS BY A NONUNITED STATES CITIZEN OR IMMIGRANT; BY AMENDING SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE THE OFFENSES OF FALSIFICATION OF DOCUMENTS, IDENTITY FRAUD, FRAUDULENT AFFIDAVITS, AND OTHER SPECIFIED ACTS UNDERTAKEN IN A FRAUDULENT ATTEMPT TO DEMONSTRATE LAWFUL PRESENCE IN THE UNITED STATES; AND BY AMENDING SECTION 17-15-30, AS AMENDED, RELATING TO DETERMINATION BY THE COURT OF RELEASE ON BAIL, SO AS TO PROVIDE THAT THE COURT SHALL CONSIDER IF THE ACCUSED IS AN ILLEGAL ALIEN AND IF THAT STATUS POSES A SUBSTANTIAL FLIGHT RISK.

Reps. COBB-HUNTER, SELLERS, OTT, J. H. NEAL, M. A. PITTS, VICK, HOSEY, WILLIAMS, SHOOPMAN, BEDINGFIELD, VIERS, HAMILTON, HODGES and FRYE requested debate on the Bill.

S. 392--DEBATE ADJOURNED

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

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT, SO AS TO ENACT THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, TO DEFINE TERMS, TO ESTABLISH DEADLINES TO COMPLY FOR PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO AMEND TITLE 8 BY ADDING CHAPTER 28, RELATING TO ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, ANY COUNTY SHERIFF, OR THE GOVERNING BODY OF ANY MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO AMEND TITLE 8, BY ADDING CHAPTER 29, RELATING TO VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY NATURAL PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW, THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILLFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT SHALL BE GUILTY OF A FELONY AND, UPON CONVICTION, SHALL BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD SECTION 12-6-1175, SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE PER YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITIES COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595, SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460, TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED, AND TO PROHIBIT ANY PERSON CONVICTED FROM OBTAINING A PROFESSIONAL LICENSE IN SOUTH CAROLINA; TO ADD SECTION 16-9-460, SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION ANY PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, AND TO PROVIDE PENALTIES FOR A CONVICTION FOR SUCH CRIME; TO ADD SECTION 23-3-1100, SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER ANY PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE SUCH VERIFICATION WITHIN 72 HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 39-5-37, SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO ANY PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHO THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES, OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND TO PROVIDE AN EXEMPTION FOR ANY EMPLOYER WHO CONFIRMS A WORKER'S STATUS THROUGH THE FEDERAL WORK AUTHORIZATION PROGRAM; AND TO AMEND TITLE 40, BY ADDING CHAPTER 83, RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES, SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE DEFINITIONS, TO LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, TO PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, FOR REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, FOR REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE 'NOTARY PUBLIC', OR 'IMMIGRATION CONSULTANT', OR FOR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION.

OBJECTION TO RECALL

Rep. GULLICK asked unanimous consent to recall H. 4381 (Word version) from the Committee on Judiciary.
Rep. MERRILL objected.

H. 3623--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill were taken up for consideration:

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, 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 14-1-206, 14-1-207, AND 14-1-208, 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 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, 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 24-5-360, 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 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, 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.

Rep. G. M. SMITH proposed the following Amendment No. 7A (Doc Name COUNCIL\MS\7401AHB07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-3-655(B) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:

"(B) A person is guilty of criminal sexual conduct with a minor in the second degree if:

(1) the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age; or

(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in ~~illicit but~~ consensual sexual conduct with another person who is at least fourteen years of age. I~~n addition, mistake of age may be used as a defense.~~

(3) A person charged with a violation of subsection 16-3-655(B)(2), when the victim is at least fourteen years of age but less than sixteen years of age, may use the defense of mistake of age if the person first interacted with the victim in an establishment or at an event that requires for admittance proof of age of eighteen years or older and who, in good faith, reasonably believed the victim to be of legal age. A person, or an attorney on the person's behalf, who intends to use the defense of mistake of age must provide the State ten days written notice of this intention." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH moved to table the amendment, which was agreed to.

Rep. G. M. SMITH proposed the following Amendment No. 12A (Doc Name COUNCIL\MS\7466AHB08), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-23-90(2) of the 1976 Code is amended to read:

"(2) the ~~council~~South Carolina Criminal Justice Academy or the Law Enforcement Training Council, its agents, employees, or representatives." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH moved to table the amendment, which was agreed to.

Rep. G. M. SMITH proposed the following Amendment No. 14A (Doc Name COUNCIL\MS\7506AHB08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 6-11-340(D) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(D) The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to ~~Article 9,~~ Chapter 6 23, Title 23 in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy is authorized to establish and collect a fee for this training."
SECTION 2. Section 14-1-206(C)(2) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(2) 16.52 percent to the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 3. Section 14-1-207(C)(2) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(2) 22.49 percent to the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 4. Section 14-1-208(C)(2) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(2) 15.07 percent to the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy program of training in the fields of law enforcement and criminal justice;"
SECTION 5. Section 23-11-110(C) of the 1976 Code is amended to read:

"(C) Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 23 of the 1976 Code, to be conducted by the Criminal Justice Academy or an otherwise approved academy or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."
SECTION 6. Section 23-23-70 of the 1976 Code, as added by Act 317 of 2006, is amended to read:

"Section 23-23-70. (A) A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof must be issued a certificate as a law enforcement officer pursuant to Section ~~23-6-440~~ 23-23-60 if that person completes the legal course for Class I certified officers taught by the Criminal Justice Academy. This provision applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.

(B) A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section ~~23-6-440~~ 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:

(1) the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the department may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;

(2) within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the Criminal Justice Academy; and

(3) the officer must have maintained a constable commission during his retirement, without interruption.

(C) A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a certified law enforcement officer, if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer."
SECTION 7. Section 23-28-20(C)(3) of the 1976 Code is amended to read:

"(3) successfully complete a course of training specified pursuant to Title 23, Chapter 6 23 and endorsed by the chief or sheriff who appoints them."
SECTION 8. Section 23-28-60 of the 1976 Code is amended to read:

"Section 23-28-60. Additional requirements beyond those set out in this chapter may be imposed by the local political entity through the chief.

Identification cards registering a reserve's status may be issued by the South Carolina Criminal Justice Academy ~~Division of the Department of Public Safety~~ upon request by the chief and assuring the council that all minimum requirements have been met."
SECTION 9. Section 23-28-90 of the 1976 Code is amended to read:

"Section 23-28-90. Any currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, at the request of his chief and with the concurrence of the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy, be issued a registration card identifying him as a member of the reserve. Any such officer shall not be required to undergo the preliminary training for reserves but shall be required to have a current physical exam."
SECTION 10. Section 23-47-20(C)(15) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(15) telecommunication operators or dispatchers trained and certified by the ~~Law Enforcement Training Council (Criminal Justice Academy)~~ South Carolina Criminal Justice Academy. The ~~Law Enforcement Training Council~~ South Carolina Criminal Justice Academy shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the department is authorized to establish and collect a fee for this training;"
SECTION 11. Section 24-5-320 of the 1976 Code is amended to read:

"Section 24-5-320. No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy pursuant to ~~Article 9,~~ Chapter 6 23 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy pursuant to ~~Article 9,~~ Chapter 6 23 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training ~~Advisory~~ Council and approval of the ~~South Carolina Department of Public Safety~~ South Carolina Criminal Justice Academy."
SECTION 12. Section 24-5-360 of the 1976 Code is amended to read:

"Section 24-5-360. A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy pursuant to ~~Article 9,~~ Chapter 6 23 of Title 23."
SECTION 13. Section 56-5-2950(a) of the 1976 Code is amended to read:

"(a) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the ~~Department of Public Safety~~ South Carolina Criminal Justice Academy, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED."
SECTION 14. Section 40-18-30(A)(5) of the 1976 Code, as last amended by Act 317 of 2006, is further amended to read:

"(5) to provide, with the advice and consent of the ~~Law Enforcement Training Council~~ South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and"
SECTION 15. Section 23-23-10(D), as added by Act 317 of 2006, is amended to read:

"(D) Upon the signature of the Governor, all functions, duties, responsibilities, accounts, and authority statutorily exercised by the South Carolina Criminal Justice Academy Division of the Department of Public Safety are transferred to and devolved upon the South Carolina ~~Law Enforcement Training Council~~ Criminal Justice Academy."
SECTION 16. Section 23-23-20, as added by Act 317 of 2006, is amended to read:

"Section 23-23-20. There is hereby created the South Carolina Criminal Justice Academy which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system. Correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. Administration of this academy must be vested in a director who is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be agreed upon by the council. The director must be hired by and responsible to the council. Basic and advance training must be provided at the training facility."
SECTION 17. Section 23-23-80 of the 1976 Code is amended to read:

"Section 23-23-80. The ~~Director of the Criminal Justice Academy~~ South Carolina Law Enforcement Training Council is authorized to:

(1) receive and disburse funds, including those hereinafter provided in this chapter;

(2) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;

(3) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;

(4) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;

(5) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;

(6) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the council;

(7) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;

(8) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis."
SECTION 18. Section 23-3-540(P) of the 1976 Code, as added by Act 346 of 2006, is amended to read:

"(P) As used in this section, 'active electronic monitoring device' means a ~~mechanism~~ an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and ~~identifies~~ records a person's location at least once every minute twenty-four hours a day and that timely records and reports ~~or records~~ the person's presence near or within a ~~crime scene or~~ prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. In areas of the State where cellular coverage requires the use of an alternate device, the Department of Probation, Parole and Pardon Services may use an alternate device."
SECTION 19. Section 23-3-430(F) and (G) of the 1976 Code are amended to read:

"(F) If an offender receives a pardon for the offense for which he was required to register, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:

(1) as provided by the provisions of subsection (E); or

(2) if the pardon is based on a finding of not guilty specifically stated in the pardon.

(G) If an offender files a petition for a writ of habeas corpus or a motion for a new trial pursuant to Rule 29(b), South Carolina Rules of Criminal Procedure, based on newly discovered evidence, the offender must re-register as provided by Section 23-3-460 and may not be removed from the registry except:

(1) as provided by the provisions of subsection (E); or

(2)(a) if the circuit court grants the offender's petition or motion and orders a new trial; and

(b) a verdict of acquittal is returned at the new trial or entered with the state's consent."
SECTION 20. Section 23-11-110(A)(5) of the 1976 Code is amended to read:

"(5) have:

(a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience as a certified law enforcement officer; or

(b) obtained a two-year associate degree and three years' experience as a certified law enforcement officer; or

(d) served as a summary court judge for at least ten years.

For purposes of this section, a 'certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section ~~23-6-400(D)(1)~~23-23-10(E)(1)."
SECTION 21. Section 16-3-655(B)(2) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:

"(2) the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. However, a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in ~~illicit but~~ consensual sexual conduct with another person who is at least fourteen years of age. ~~In addition, mistake of age may be used as a defense.~~"
SECTION 22. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-655.5. A person is guilty of sexual conduct between minors if the person is seventeen or eighteen years of age and engages in consensual sexual intercourse, cunnilingus, fellatio, or anal intercourse with a younger person who is at least fourteen years of age but less than sixteen years of age. A person convicted of a violation of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three years. A person convicted of a violation of this subsection is not subject to the provisions of Title 23, Chapter 3, Article 7."
SECTION 23. Section 23-23-90 of the 1976 Code, as added by Act 317 of 2006, is amended to read:

"Section 23-23-90. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated ~~under~~pursuant to it must not be the subject of or basis for an action at law or in equity ~~for slander or libel~~ in any court of the State if the communication is between:

(1) alaw enforcement ~~agency~~agencies, ~~its~~their agents, employees, or representatives; ~~and~~or

(2) ~~the council~~law enforcement agencies, ~~its~~their agents, employees, or representatives and the South Carolina Criminal Justice Academy or the Law Enforcement Training Council."
SECTION 24. Section 23-3-540(M) of the 1976 Code, as last amended by Act 346 of 2006, is further amended to read:

"(M) ~~(1)~~ A person who completes his term of incarceration and the maximum term of probation, parole, or community supervision and who wilfully violates a term or condition of electronic monitoring, as ordered by the court or determined by the Department of Probation, Parole and Pardon Services is guilty of a felony and, upon conviction, must be sentenced in accordance with the provisions of Section 23-3-545.

~~(2) Notwithstanding the provisions of Section 24-21-290, information gathered by a probation agent pursuant to the provisions of Section 24-21-540 is admissible in a criminal prosecution.~~"
SECTION 25. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 26. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 27. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. HAGOOD proposed the following Amendment No. 15A (Doc Name COUNCIL\MS\7502AHB08), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 18 in its entirety and inserting:
/ SECTION 18. Section 23-3-540(P) of the 1976 Code, as added by Act 346 of 2006, is amended to read:

"(P) As used in this section, 'active electronic monitoring device' means a ~~mechanism~~ an all body worn device that is not removed from the person's body utilized by the Department of Probation, Parole and Pardon Services in conjunction with a web-based computer system that actively monitors and ~~identifies~~ records a person's location at least once every minute twenty-four hours a day and that timely records and reports ~~or records~~ the person's presence near or within a ~~crime scene or~~ prohibited area or the person's departure from a specified geographic location. In addition, the device must be resistant or impervious to unintentional or wilful damages. The South Carolina Criminal Justice Academy may offer training to officers of the Department of Probation, Parole and Pardon Services regarding the utilization of active electronic monitoring devices. The Department of Probation, Parole and Pardon Services, in its discretion, may use an alternative device when it is determined to better meet monitoring requirements to ensure community safety and victim protection." /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
Rep. CRAWFORD spoke against the amendment.

Rep. CRAWFORD moved to table the amendment, which was agreed to by a division vote of 47 to 18.

Rep. STAVRINAKIS proposed the following Amendment No. 13A (Doc Name COUNCIL\MS\7491AHB08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___. Section 17-1-40(B) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:

"(B) A municipal, county, or state agency including, but not limited to, a circuit solicitor's office or clerk of court may not collect a fee for the destruction or expungement of records or for the application or processing of an application for destruction or expungement of records pursuant to the provisions of this section." /
Renumber sections to conform.
Amend title to conform.

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

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. LOFTIS.

H. 4400--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19017MM08), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Article 13
Illegal Aliens and Public Employment

Section 8-11-1310. As used in this article, the term:

(1) 'Contractor' means a person having a service contract, as defined in subitem (5), with a public employer.

(2) 'Director' means the director of the State Budget and Control Board.

(3) 'Federal work authorization program' means one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603.

(4) 'Public employer' means the State and any department, agency, instrumentality, or political subdivision of the State.

(5) 'Service contract' means a contract that involves the physical performance of manual labor if the total cost of that labor exceeds (i) thirty percent of the total cost of all the labor, or (ii) five percent of the total contract price. The term does not include: (a) a contract with a political subdivision with a total value of less than fifteen thousand dollars in a twelve-month period or a contract with any other public employer with a total value of less than twenty-five thousand dollars in a twelve-month period; (b) a contract primarily for the acquisition of an end product; and (c) a contract that is predominantly for the performance of professional or consultant services.

(6) 'Subcontractor' has the same meaning as in Section 11-35-310(30).

Section 8-11-1320. (A) On or after July 1, 2008, a public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(B) A public employer may not enter into a service contract to be performed within this State unless:

(1) the contractor registers and participates in the federal work authorization program to verify information of all new employees and requires his subcontractors to register and participate in the federal work authorization program to verify information of all new employees; or

(2) the contractor agrees to employ only workers who:

(a) possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles;

(b) are eligible to obtain a South Carolina driver's license or identification in compliance with Sections 56-1-40 through 56-1-90; or

(c) possess a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(1) on or after July 1, 2008, with respect to contractors or subcontractors of five hundred or more employees;

(2) on or after July 1, 2009, with respect to contractors or subcontractors of one hundred or more employees but fewer than five hundred employees; and

(3) on or after July 1, 2010, with respect to all other contractors or subcontractors.

Section 8-11-1330. In addition to the remedies provided in Chapter 35 of Title 11, the South Carolina Consolidated Procurement Code, a public employer shall receive from a contractor or subcontractor who violates this article a penalty of five percent of the gross amount of the contract. This five percent penalty must be assessed against a contractor based upon the gross amount of the total contract and against the subcontractor based upon the gross amount of the contract between the subcontractor and the contractor. A contractor who received written certification of compliance with this article from a subcontractor is not vicariously liable for the penalty pursuant to this section for the failure of that subcontractor to comply with this article. However, the contractor is responsible for withholding the penalty amount from payments to the subcontactor. The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 8-11-1335. (A) All other terms of this article notwithstanding, a public employer may not withhold a payment or a portion of a payment to a contractor and contractor may not withhold a payment or a portion of a payment to a subcontractor for more than five days after receipt from the intended recipient of the payment of a sworn affidavit of the recipient's compliance with Section 8-11-1320.

(B) A person who knowingly files a false, fictitious, or fraudulent affidavit pursuant to this section is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-11-1340. A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer documentation required to establish either the applicability of this article to the contractor and subcontractors or the compliance with this article by the contractor and any subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.

Section 8-11-1350. A contractor who in good faith complies with the requirements of this article may not be sanctioned or subjected to civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-11-1360. A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.

Section 8-11-1370. Except as provided in Section 8-11-1380, the director shall prescribe forms, promulgate regulations, and adopt rules necessary to administer the provisions of this article and publish those rules and regulations on the board's state website.

Section 8-11-1380. The director of the Department of Transportation shall prescribe forms, promulgate regulations, and adopt rules necessary for the application of this article to a contract or agreement relating to public transportation and shall publish these rules and regulations on the Department of Transportation's website."
SECTION 2. Title 23 of the 1976 Code is amended by adding:

"CHAPTER 52
Illegal Aliens Charged with Certain Offenses

Section 23-52-10. (A) If a person charged with a criminal offense is confined, for any period, in a local, regional, or state jail or other correctional facility, a reasonable effort must be made to determine the nationality of the person confined.

(B) If the person is not a United States citizen, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that the lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the person and the person is not a United States citizen, verification must be made within seventy-two hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other law enforcement officer shall notify the United States Department of Homeland Security.

(C) Upon notification to the United States Department of Homeland Security pursuant to subsection (B), the keeper of the jail must account for daily expenses incurred for the housing, maintenance, and care of the prisoner who is unlawfully admitted to the United States and forward an invoice for those expenses to the Department of Homeland Security.

(D) This section does not allow the denial of bond to a person or timely release from confinement when the person is otherwise eligible for bond or release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the immigration status of the person charged.

(E) The State Law Enforcement Division shall prepare and issue guidelines and procedures used to comply with the provisions of this section."
SECTION 3. Title 40 of the 1976 Code is amended by adding:

"CHAPTER 91
Registration of Immigration Assistance

Section 40-91-10. This chapter may be cited as the 'Registration of Immigration Assistance Act'.

Section 40-91-20. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

Section 40-91-30. As used in this chapter, the term:

(1) 'Compensation' means money, property, services, promise of payment, or anything else of value given in exchange for a service.

(2) 'Employed by' means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes or that a person receives compensation from the employer on a commission basis or as an independent contractor.

(3) 'Immigration assistance service' means information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action or providing other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(4) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of a person that arises pursuant to immigration and naturalization law, executive order, or presidential proclamation of the United States or a foreign country; or action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 40-91-40. (A) A person who provides or offers to provide immigration assistance services may perform only these services:

(1) completing a government agency form, requested by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter;

(2) transcribing responses to a government agency form that is related to an immigration matter but not advising a customer as to the answers on those forms;

(3) translating information on forms to a customer and translating the customer's answers to questions posed on those forms;

(4) securing for the customer supporting documents currently in existence, including birth and marriage certificates, for submission with government agency forms;

(5) translating documents from a foreign language into English;

(6) notarizing signatures on government agency forms, if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States;

(7) making referrals, without fee, to attorneys who undertake legal representation for a person in an immigration matter;

(8) preparing or arranging for the preparation of photographs and fingerprints;

(9) arranging for the performance of medical testing (including x-rays and AIDS tests) and the obtaining of reports of test results;

(10) conducting English language and civics courses; and

(11) performing other services that the director of the South Carolina Department of Labor, Licensing and Regulation, or his designee, determines by rule may be appropriately performed by these persons in light of the purposes of this chapter.

(B) These persons are exempt from the provisions of this chapter:

(1) an attorney licensed to practice law in South Carolina or an attorney licensed to practice law in another state or territory of the United States or in a foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

(2) a legal intern, clerk, paralegal, or person in a similar position employed by and under the direct supervision of a licensed attorney meeting the requirements of item (1) and rendering immigration assistance services in the course of employment; and

(3) a not-for-profit organization recognized by the Board of Immigration Appeals under 8 CFR 292.2(a) and employees, of those organizations accredited pursuant to 8 CFR 292.2(d).

(D) A person performing the services described in this chapter shall obtain a business license from the Department of Labor, Licensing and Regulation and as may be required by a local governing authority.

(E) A person who provides or offers immigration assistance services and who is not exempted pursuant to the provisions of this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance services. Each language must be on a separate sign. Signs must be posted in a location where the signs are readily visible to customers. Each sign must be at least twelve inches by seventeen inches and must contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F) Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice must be of a conspicuous size, if in writing, and must state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.

(G) A person who provides or offers immigration assistance service and who is not exempted pursuant to the provisions of this chapter may not literally translate from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney.

(H) A person engaged in providing immigration services who is not exempted pursuant to the provisions of this chapter may not:

(1) accept payment in exchange for providing legal advice or other assistance that requires legal analysis, legal judgment, or interpretation of the law;

(2) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer;

(3) represent or advertise, in connection with assistance in immigration matters, other titles or credentials including, but not limited to, 'notary public' or 'immigration consultant', that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter, except that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney; the term 'notary public' may not be translated to another language;

(4) provide legal advice, recommend a specific course of legal action, or provide other assistance that requires legal analysis, legal judgment, or interpretation of the law; or

(5) make a misrepresentation or false statement, directly or indirectly, to influence, persuade, or induce patronage.

(I) Violations of this chapter may result in a civil fine up to one thousand dollars for each violation. A fine charged pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal penalties, including disgorgement and restitution.

(J)(1) Any person who knowingly and wilfully makes a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

(2) In addition, a person convicted of violating this subsection must disgorge the benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program.

(3) It is a separate violation of this subsection each time a person knowingly and wilfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed pursuant to this subsection.

(4) A criminal charge pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from a person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing the action pursuant to this section reasonable attorney's fees and costs.

(5) Persons convicted of a violation of this subsection are jointly and severally liable for any loss suffered by any person or any agency or political subdivision of the State.

(K) The director of the Department of Labor, Licensing and Regulation shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter.

(L) This chapter does not apply to a person employed by or working for an educational institution if that person is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."
SECTION 4. Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Article 11
Illegal Aliens and Public Benefits

Section 43-5-1410. This article may be cited as the 'Illegal Aliens and Public Benefits Act'.

Section 43-5-1420. (A) Except as provided in subsection (C) or if exempted by federal law, on or after July 1, 2008, every agency and political subdivision of this State shall verify the lawful presence in the United States of a natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 USC Section 1621, or for federal public benefits, as defined in 8 USC Section 1611, that are administered by an agency or a political subdivision of this State.

(B) The provisions of this article must be enforced without regard to race, religion, gender, ethnicity, or national origin.

(1) a purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;

(2) assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 USC Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;

(3) short-term, noncash, in-kind emergency disaster relief;

(4) public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not the symptoms are caused by a communicable disease; or

(5) programs, services, or assistance including soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

(i) deliver in-kind services at the community level, including through public or private nonprofit agencies;

(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii) are necessary for the protection of life or safety;

(6) prenatal care; or

(7) for benefits, programs, services, or other assistance provided to victims of domestic violence, irrespective of immigration status, under the Violence Against Women Act of 2000, PL 106-386, or the Illegal Immigration Reform and Immigrant Responsibility Act, PL 104-208.

(D) Verification of lawful presence in the United States by the agency or political subdivision required to make the verification must occur as follows:

(1) the applicant shall execute an affidavit that he is a United States citizen or legal permanent resident eighteen years of age or older; or

(2) the applicant shall execute an affidavit that he is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, PL 82-414, eighteen years of age or older, lawfully present in the United States.

(E) For an applicant who has executed an affidavit that he is an alien lawfully present in the United States, eligibility for benefits must be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until that eligibility verification is made, the affidavit is presumed to be proof of lawful presence for the purposes of this article.

(F)(1) A person who knowingly and wilfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (D), or who aids or abets a person in knowingly and wilfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to that subsection, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to that subsection is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

(2) In addition, a person convicted pursuant to this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program.

(3) It is a separate violation of this subsection each time a person received a public benefit based on such a statement or representation.

(4) A conviction and fine charged pursuant to this subsection does not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide other relief it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action pursuant to this subsection reasonable attorney's fees and costs.

(5) Persons convicted of a violation of this subsection are jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State.

(6) If an affidavit constitutes a false claim of United States citizenship under 18 USC Section 911, a complaint must be filed by the agency or political subdivision with the United States Attorney for the District of South Carolina.

(G) It is unlawful for an agency or a political subdivision of this State to provide a state, local, or federal benefit, as defined in 8 USC Section 1621 or 8 USC Section 1611, in violation of the provisions of this article. Each state agency, department, division, or other political subdivision that administers a program of state or local public benefits shall provide an annual report with respect to its compliance with the provisions of this article.

(H) All errors and significant delays by SAVE must be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of South Carolina.

(I) An agency or a political subdivision of this State that provides a state, local, or federal benefit, as defined in 8 USC 1621 or 8 USC Section 1611, must require a person currently under the age of eighteen who received the benefit to comply with the provisions of this article upon reaching the age of eighteen. If the recipient is unwilling or unable to comply, receipt of all benefits must cease immediately upon the recipient's eighteenth birthday.

(J) A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."
SECTION 5. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170. (A) For purposes of this section, 'political subdivision' includes, but is not limited to, a municipality, county, school district, special purpose district, or public service district.

(B) A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce a state law with regard to immigration.

(C) A political subdivision of this State may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating to appropriate federal or state officials with regard to the immigration status of any person within this State.

(D) A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal or state law. An enactment found to be in conflict with federal or state law is void.
SECTION 6. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3595. (A) As used in this section:

(1) 'Authorized employee' means an individual authorized for employment in the United States as defined in paragraph (2) of subsection (a) of 8 USC Section 1324a.

(2) 'Labor services' means the physical performance of services in this State.

(B) Notwithstanding another provision of law, on or after January 1, 2009, wages or remuneration paid for labor services to an individual of six hundred dollars or more per annum must not be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless the individual is an authorized employee.

(C) The provisions of this section apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration. This section does not apply to:

(1) a business domiciled in this State which is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful;

(2) an individual hired by the taxpayer before January 1, 2009;

(3) a taxpayer when the individual being paid is not directly compensated or employed by the taxpayer; or

(4) to wages or remuneration paid for labor services to an individual who holds and presents to the taxpayer a valid license or identification card issued by the Department of Motor Vehicles, who is eligible to obtain a South Carolina driver's license or identification card in compliance with Sections 56-1-40 through 56-1-90, or who possesses a valid driver's license or identification card from another state where the license requirements are at least as strict as those in South Carolina, as determined by the Attorney General.

(D) A taxpayer must not be held liable for failing to comply with the provisions of this section, if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was an unauthorized employee. For purposes of this subsection, a taxpayer is considered to have conducted a reasonable investigation if the individual met the requirements of subsection (C)(4), and the information provided by the individual to the taxpayer was facially correct.

(E) The director of the South Carolina Department of Revenue may prescribe forms and promulgate regulations necessary to administer and effectuate this section.

(F) The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION 7. Article 5, Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-610. (A) Notwithstanding another provision of law, a withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of six percent of the amount of compensation paid to an individual, which compensation is reported on Form 1099 and with respect to which the individual has:

(1) failed to provide a taxpayer identification number or social security number;

(2) failed to provide a correct taxpayer identification number or social security number; or

(3) provided an Internal Revenue Service-issued taxpayer identification number issued for nonresident aliens.

(B) A withholding agent who fails to comply with the withholding requirements of this section is liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233.

(C) A withholding agent does not violate this section if the individual provides a false or incorrect taxpayer identification number that is facially correct and the withholding agent does not know or should not have known based on reasonable investigation that the number provided is false or incorrect.

(D) The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."
SECTION 8. Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

"Section 16-9-460. (A) It is a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to transport, move, or attempt to transport that person within the State or to solicit or conspire to transport or move that person within the State with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(B) It is be a felony for a person knowingly or in reckless disregard of the fact that another person has come to, entered, or remained in the United States in violation of law to conceal, harbor, or shelter from detection or to solicit or conspire to conceal, harbor, or shelter from detection that person in any place, including a building or means of transportation, with specific intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by state or federal authorities.

(C) A person who violates the provisions of subsection (A) or (B) of this section is guilty of a felony and, upon conviction, must be punished by a fine not to exceed five thousand dollars or by imprisonment for a term not to exceed five years, or both.

(D) A person who is convicted of, pleads guilty to, or enters into a plea of nolo contender to a violation of this section must not be permitted to seek or obtain a professional license offered by the State or any agency or political subdivision of the State.

(E) Providing health care treatment or services to a natural person who is in the United States unlawfully is not a violation of this section.

(F) Shelter provided for strictly humanitarian purposes or provided under the Violence Against Women Act is not a violation of this section, so long as that shelter is not provided in furtherance of or in an attempt to conceal a person's illegal presence in the United States."
SECTION 9. Article 2, Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-525. (A) In addition to the penalties provided for in this chapter, a person who is convicted of, pleads guilty to, or enters into a plea of nolo contender to financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable a person who is not authorized to live or work in the United States or to receive benefits administered by an agency or political subdivision of this State must disgorge the benefit received or make restitution to the agency or political subdivision that administered the benefit or entitlement program, or both. A criminal charge pursuant to this chapter does not preempt or preclude additional appropriate civil or criminal charges or penalties.

(B) A person who suffers an ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of financial identity fraud or identity fraud involving a matter described in subsection (A), may bring an action individually, or in a representative capacity, to recover actual damages against the person convicted of the violation. If a court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing this action pursuant to this section reasonable attorney's fees and costs.

(C) A person convicted of a violation of this subsection is jointly and severally liable for a loss suffered by a person or an agency or political subdivision of the State."
SECTION 10. Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530. (A) It is unlawful for a person who is not lawfully present in the United States to store, keep, buy, transport, distribute, manufacture, possess, or have in possession or permit another to store, keep, buy, transport, distribute, manufacture, possess, or have in possession a rifle, pistol, or other firearm.

(B) It is unlawful for a person to sell, rent, give away, or participate, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a rifle, pistol, or other firearm to a person who is known by the person charged pursuant to this subsection to be not lawfully present in the United States.

(C) A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D) A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."
SECTION 11. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-80. (A) The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security addressing:

(1) the enforcement of federal immigration laws by state and local law enforcement, specifically through the 287-G program or other applicable federal law designed for the purpose of state enforcement of federal immigration laws;

(2) the detention of illegal immigrants by state and local law enforcemen