HOUSE JOURNAL - www.scstatehouse.net

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

Thursday, June 5, 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 121:8: "The Lord will watch over your coming and going both now and forevermore."
Let us pray. Bless our going out, we pray, and bless our entrance in like measure. Bless these Representatives as they return to their homes and families. Bless their toil and labor and whatever was said or done that was not pleasing to You, forgive us. Give them rest, give them pleasure, and bless us all as we reach the end of our labor in this House. Bless those who are retiring. We give You thanks for their duty, faithfulness, and their contributions. Continue to care for them and their families. Be with all our staff and those who provide service to us. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us, O Lord, as we pray. Amen.

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

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

MOTION ADOPTED

Rep. CRAWFORD moved that when the House adjourns, it adjourn in memory of Christopher James Yahnis of Florence, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in remembrance of all those who lost their life in the D-Day invasion.

REGULATIONS RECEIVED

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

Document No. 3214
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60, 39-41-260, and 40-82-70
Fire Prevention and Life Safety
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3215
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety for Special Occupancies
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3216
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60 and 23-36-10, et seq.
Explosives
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3217
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-40 and 23-9-45
Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3218
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 40-82-70
Liquefied Petroleum (LP) Gas
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3219
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-10, et seq. and 23-35-10, et seq.
Fireworks and Pyrotechnics
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

Document No. 3220
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-60 and 24-9-20
Fire Prevention and Life Safety in Local Detention Facilities
Received by Speaker of the House of Representatives
June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009

R. 328, H. 4529--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 4529 (Word version), R. 328.
This bill simply enumerates an appeals process for businesses or individuals cited for selling cosmetic contact lenses without a prescription.
We are vetoing this bill for several reasons.
The rights it intends to provide are already available to those who are fined under the current law. Rather than go through the lawmaking route, the Department of Consumer Affairs could easily specify the appeals process on the back of the citation summons. All this is a long way of saying that this bill does what current law already dictates, and, as such, is redundant and unnecessary.
As you may know, I vetoed the underlying law in 2005 because the penalty seemed excessive relative to the public health risk. That bill allowed the Department of Consumer Affairs to impose up to a $5,000 fine on businesses or individuals who sell non-powered contact lenses without a prescription or are unlicensed in the field of optometry or ophthalmology. At the time, we compared the severity of the fine, up to $5,000, to the $25 fine enacted at about the same time for failure to wear a seatbelt.
Although we think it would be foolish to wear contact lenses without a doctor's prescription, at the end of the day, the choice to purchase cosmetic contact lenses at a flea market or out of the back of a pickup truck ought to be the decision of the individual - rather than yet another prohibition by government. We believe the lawmaking realm ought to be aimed at problems that are fundamentally public in nature. Given that our nation's framers' greatest value was this notion of freedom, we believe even the freedom to do things that are inherently stupid - like putting something in your eye without knowing its makeup or quality - should be preserved in our system. The key here is that you are putting the object into your own eye rather than someone else's and, accordingly, it ought to be the decision of the individual.
For the reasons stated above, I am vetoing H. 4529, R. 328, and returning it to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 333, H. 4900--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

September 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my signature H. 4900, R-333.

H. 4900 (Word version) requires cigarette manufacturers to sell only cigarettes that have been certified as meeting standards that allegedly reduce the chance of igniting combustible materials, such as upholstered furniture, mattresses, bed linens, and curtains.

Given the real tragedy that too often occurs with fire, I applaud the intent of those that have advanced this legislation. The partnership between responsible corporations in this instance and firefighters I find to be especially commendable. As great as these things are though, I am compelled to veto this legislation for the way that it dictates product features in a competitive market place, and I do not believe this to be the role of government. If the benefits of the ignition standards are as real as the proposed standards would suggest we trust the consumer to make purchases accordingly. This is especially the case since three companies control more than 80 percent of this market and each has plans to go to the ignition standards in question.

We have tried to be very consistent in advancing this principal. Here are but a few instances where we have stood on the side of letting market forces rather than government edict determine the make up of a product. As is the case with this bill, we vetoed each of these bills.

H. 3084 - Motorcycle Franchise - 5/14/08

This bill mandated that a motorcycle manufacturer give notice to an existing dealer when the manufacturer intends to open another dealership within 15 miles of the existing dealer, up from the current three-mile radius. Additionally, this bill would have given an existing dealer 45 days following notice to the manufacturer to file a civil action if the existing dealer objects to the proposed new dealership. The current law allows 15 days. At this point, a court would determine, based on criteria outlined in the bill, whether or not the manufacturer is able to establish a new franchise in the region.

H. 3632 - Nursing Badges - 4/2/08

This bill mandated that licensed nurses must clearly be identified by wearing an identification badge at least one inch by three inches in size bearing the nurse's name and title. Bill would have required more than 58,000 nurses statewide to wear an ID tag.

H. 4595 - HVAC Requirements - 5/31/06

This bill, which established licensing requirements for heating/air conditioner installers, was vetoed because it prohibited individuals from buying services from unlicensed installers.

H. 3507 - Rights of Parties to a Commercial Lease - 11/4/04

This bill, which mandated rights for parties to a commerical lease, was vetoed because it interfered with the parties freedom to contract.

S. 103 - Dietetics Licensure - 6/6/06

The bill established a state process for licensing dieticians and made it unlawful for a person to call themselves a dietician unless licensed. Licensure is predicated on either a bachelor's or a master's degree in a nutrition-related field and successfully completing a qualifying exam. The bill also made it illegal for a person not licensed as a dietician to hold himself or herself out as a dietician, licensed dietician, or use the letters "LD" behind their name.

H. 3749 - Cabela's - 2007, S. 1245 and H. 4874 - 2006

These bills singled out two companies - Bass Pro Shop and Cabela's - giving special incentives (job tax credit for retail and 50% sales tax rebate) to these companies - another example of government entering the free market. Incentives could equal as much as $9 million over five years for one store.

As helpful as this measure would be to these companies in this instance, allowing government to direct the composition of a product is an idea that cuts both ways - and inevitably would work against them were we to further codify governments prerogative to design products in an open and competitive market.

For these reasons, we are vetoing H. 4900, R. 333.

Sincerely,
Mark Sanford
Governor

R. 319, H. 3028--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3028 (Word version), R. 319, which is intended to protect consumers from deceptive trade practices related to South Carolina grown products.
What makes this bill particularly troublesome is that it is an offshoot of a taxpayer-funded advertising campaign to promote South Carolina agricultural goods. We have supported funding for the Commissioner of Agriculture to promote South Carolina grown products, but this takes a slogan to encourage a South Carolina purchase to an entirely new level. While the bill intends to strengthen consumer protections, we believe it is both unnecessarily duplicative of current law, and it actually weakens the protections already in place.
First, we believe H. 3028 is unnecessary because current law provides significant and stronger protections to South Carolina consumers and vendors of food products than this legislation. The South Carolina Unfair Trade Practices Act (SCUPTA) was enacted over 45 years ago to give the Attorney General power to bring criminal and civil action against individuals for knowingly and willfully mislabeling food products. As a result, current law allows the Attorney General to seek jail time, fines, or both, for any individual found guilty under this law. The law also allows affected vendors, in this case South Carolina farmers, the ability to seek civil damages for three times the amount of economic harm suffered due to mislabeled food products.
Aside from those significant criminal and civil penalties, the South Carolina Food and Cosmetic Act (SCFCA) grants the Commissioner of Agriculture the ability to seek immediate injunctive relief against anyone who misbrands or falsely advertises food products and provides for additional criminal penalties. On these grounds alone, H. 3028 is completely unnecessary.
Second, if the intent was to create stiffer penalties than current law, the bill fails again. Both the SCUTPA and the SCFCA allow either the Attorney General or Commissioner of Agriculture to seek injunctive relief if they have "reasonable cause" to believe certain food products are intentionally misrepresented to the public - which would immediately stop the unlawful act. H. 3028 requires the Attorney General to use a much higher standard of "knowingly and willfully" to prove misrepresentation. Practically speaking, the Attorney General is far more likely to use the tools provided under current law rather than he is to bring an action under this legislation - which we believe renders H. 3028 completely and totally ineffective.
For the reasons stated above, I am vetoing H. 3028, R. 319.

Sincerely,
Mark Sanford
Governor

R. 322, H. 3723--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following Veto printed in the Journal:

June 4, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval H. 3723 (Word version), R. 322.
This legislation mandates that each school district develop and implement an automated external defibrillator (AED) program for public high schools. The AED is a portable device designed to allow non-medical personnel to administer an electric shock to a person in cardiac arrest.
Research has shown 100 incidences of this type occur annually in high schools and colleges across the nation. Using this figure, roughly one tragic death will occur per year in South Carolina high schools. Any death, especially one that can be avoided, is one too many, and in attempting to do something about the horror of a young person dying well before his or her time, this bill is well-intended. While we applaud this bill's aim to have AEDs present during unforeseen incidents, we have reservations about the way in which this bill does so for two specific reasons.
First, it is important to note that this bill supplies the mandate that schools provide AED's without the funding to accompany the mandate. We do not believe in unfunded mandates however virtuous the cause. If Washington demands that states do something, then it should pay for that which it requires. In the same vein, if Columbia mandates something, it should provide funding to go with the mandate.
While we recognize the state's role in setting policy within the school system, we believe that more education decisions ought to be made at the school and school district level. Parents and local leadership love their children no less than leaders in Columbia, and we trust them to decide for themselves how best to handle this need. In this case, mandating that each public high school purchase this device - costing between $1,200 and $3,000 each - goes against the notion of trusting and allowing communities to make decisions that they believe are in the best interest of their students.
Second, money to purchase these devices is available through private sources as well as the federal government. Almost half of our 256 public high schools already have AEDs. Some of the schools have acquired them through private sources such as hospital systems that donate the devices or through the South Carolina High School League. In fact, over the past five years, the League has provided $1,000 each to 76 schools for these devices. On the federal level, in 2002, President George W. Bush signed the "Community Access to Emergency Devices Act." This Act authorizes $30 million in federal grants to be made available to applicant states and localities for the purchase and placement of AEDs in public places where cardiac arrests are likely to occur.
Given these multiple sources of funding, I urge the high schools without an AED to look to their local community and pursue private donations or consider the available federal funds. For example, the high school booster club or parent-teacher association could contact the local hospital system or request an application from the South Carolina High School League. The point here is that this is a real need - a need that currently has money sources available both through public and private circles. Given these money sources would not be complemented at the state level, we think it is important to leave this decision at the local level.
For the above reasons, I am vetoing H. 3723, R. 322, and respectfully ask for your support in upholding this veto.

Sincerely,
Mark Sanford
Governor

MESSAGE FROM THE SENATE

The following was received:

Veto 1 Part 1A, Section 1; Page 12; Department of Education, Section XIII. Aid to School Districts; C. Special Allocations, YMCA - Youth in Government; $18,445.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 3 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Hospitality, Tourism, and Management Program; $545,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 4 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Business - Economic Partnership Initiative; $1,204,314.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 5 Part IA; Section 10; Page 38; University of Charleston; Education & General; Special Items; Effective Teaching & Learning; $901,800.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 6 Part IA; Section 10; Page 38; University of Charleston; I. Education & General; Special Items; Global Trade & Resource Center; $350,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 7 Part IA; Section 12; Page 44; Francis Marion University; I. Education and General; A. Unrestricted; Special Items; Rural Assistance Initiative; $600,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 9 Part IA; Section 15F; Page 61; USC - Salkehatchie Campus; Education & General; Unrestricted; Salkehatchie Leadership Center; $100,460.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 10 Part IA; Section 21; Page 85; Department of Health and Human Services; II. Programs and Services; A. Health Services; 3. Medical Assistance Payment; Z. Children's Health Insurance Program; $21,279,557.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 11 Part 1B; Section 21.32; Pages 359-360; Department of Health and Human Services; State Children's Health Insurance Program.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 12 Part IA; Section 30; Page 129; Art Commission; II. Statewide Arts Services; Special Items; McClellanville Arts Council; $12,500.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 13 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; DUI Defense of Indigents; $1,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 14 Part IA; Section 47; Page 180; Commission on Indigent Defense; III. Office of Circuit Public Defenders; Special Items; Criminal Domestic Violence; $1,320,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 15 Part IA; Section 49; Page 187; Department of Public Safety; II. Programs and Services; D. Bureau of Protective Services; Special Item; Hunley Security; $257,317.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 16 Part IA; Section 73; Page 256; Lieutenant Governor's Office; II. Office on Aging; Special Item; Silver Haired Legislature; $15,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 17 Part IA; Section 78; Page 266; Adjutant General's Office; X. State Guard; Other Operating Expenses; $97,768.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 20 Part 1B; Section 19.4; Pages 352-353; Paragraphs 1 and 2; Educational Television Commission; ETV: SC Educational Broadband Service Commission/Broadband License.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 21 Part 1B; Section 21.12; Page 356; Department of Health and Human Services; DHHS: Chiropractic Services.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 22 Part 1B; Section 21.26; Page 358; Department of Health and Human Services; Prior Authorization Exemptions.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 23 Part 1B; Section 21.35; Page 360; Health and Human Services; Long Term Care Facility Reimbursement Rates.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 24 Part 1B; Section 21.36; Page 360; Department of Health and Human Services; Carry Forward Funds-Health Initiatives, $1,283,695.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 25 Part IB; Section 21.36; Page 360; Medical University of South Carolina, Rural Dentist Program, $250,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Veto by the Governor on R. 293, H. 4800 by a vote of 18 to 24:

Veto 26 Part 1B; Section 21.38; Page 360; Department of Health and Human Services; DHHS: Monthly Reporting Requirement.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 27 Part 1B; Section 21.39; Page 361; Health and Human Services; Upper Payment Limit for Non-State Owned Public Nursing Facilities.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 28 Part 1B; Section 21.40; Page 361; Health and Human Services; Nursing Services to High Risk/ High Tech Children.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 30 Part 1B; Section 26.28; Page 377; Department of Social Services; Teen Pregnancy Prevention; $1,200,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 31 Part 1B; Section 37.1; Pages 382-383; Department of Natural Resources; County Funds.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 32 Part 1B; Section 37.2; Page 383; Department of Natural Resources; DNR: County Game Funds/Equipment Purchase.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 34 Part 1B; Section 39.7; Page 386; Department of Parks, Recreation and Tourism; State Park Privatization Approval.
Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 35 Part 1B; Section 39.15; Page 387; Parks, Recreation and Tourism; Regional Tourism.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 36 Part 1B; Section 40.20; Page 390; Department of Commerce; Funding for I-73 & I-74.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 34 to 7:
Veto 38 Part 1B; Section 40.35; Pages 391-392; Department of Commerce; Economic Development Organizations.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 39 Part 1B; Section 40.41; Page 392; Department of Commerce; Repayment of Energy Loan.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 40 Part 1B; Section 51.32; Pages 410-411; Department of Corrections; Quota Elimination.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 41 Part 1B; Section 65.10; Page 420; Labor, Licensing and Regulation; Wind and Structural Engineering Research Lab, $100,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 42 Part 1B; Section 76.15; Page 438; State Treasurer's Office; Printing Wage Statements.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 44 Part 1B; Section 80A.9; Page 443; Budget and Control Board; Compensation - Agency Head Salary.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 46 Part 1B; Section 22.40; Page 367; Department of Health and Environmental Control; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 47 Part 1B; Section 39.6; Page 386; Department of Parks, Recreation and Tourism; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 48 Part 1B; Section 40.23; Page 390; Department of Commerce; Competitive Grants.
Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 49 Part 1B, Section 80A.31; Page 447; Budget and Control Board; Competitive Grants.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 50 Part 1B, Section 80A.33; Pages 447-448; Budget and Control Board; Grants Review Committee.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 293, H. 4800 by a vote of 35 to 7:
Veto 51 Part 1B; Section 89.87; Page 482; General Provisions; Competitive Grants Funds Carry Forward.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 52 Part 1B; Section 89.94; Page 483; General Provisions; Homeland Security Projects.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 55 Part 1B; Section 89.100; Page 483; General Provision; Lt. Governor Security Detail.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 57 Part IB; Section 90.12; Page 489; Item E; Department of Health and Human Services; Rural Hospital Grants; $3,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 58 Part IB; Section 90.12; Page 489; Item G; MUSC Disproportionate Share; $7,000,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 59 Part IB; Section 90.12; Page 490; Item C.4; Department of Disabilities and Special Needs; Greenwood Genetics Center; $3,500,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 60 Part 1B; Section 90.12; Statewide Revenue; Page 490; Item E.2.; Department of Alcohol and Other Drug Abuse Services; State Block Grants; $500,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 61 Part IB; Section 90.13; Page 491; Item (B)(4); Non-recurring Revenue; H12-Clemson University; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 62 Part IB; Section 90.13; Page 491; Item (B)(5); Non-recurring Revenue; H27-University of South Carolina-Columbia; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 63 Part IB; Section 90.13; Page 491; Item (B)(6); Non-recurring Revenue; H51-Medical University of South Carolina; LightRail; $700,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 64 Part IB; Section 90.13; Page 491; Item (B)(10); Non-recurring Revenue; P20-Clemson University-PSA; Operating expenses; $275,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 65 Part IB; Section 90.13; Page 491; Item (B)(14); Non-recurring Revenue; E23-Commission on Indigent Defense; Public Defenders & Staff; $3,993,844.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 294, H. 4801 (Word version) by a vote of 44 to 2:

Veto 1 Section 1; Item 4; Clemson University; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 2 Section 1; Item 5; University of South Carolina-Columbia; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 3 Section 1; Item 6; Medical University of South Carolina; LightRail; $800,000.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received:

Veto 4 Section 1; Item 7; Commission on Higher Education; Research Authority-Hydrogen Grants; $2,500,000.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Land, Hayes and Alexander of the Committee of Free Conference on the part of the Senate on S. 530:

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

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 530:

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Statewide Appointment
South Carolina Prisoner of War Commission
Term Commencing: July 1, 2007
Term Expiring: July 1, 2011
Seat: 5th Congressional District

Reappointment
Mr. T. J. Martin
1255 Filbert Highway
York, South Carolina 29745

Very respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Local Appointment

Georgetown County Master-in-Equity
Term Commencing: December 31, 2007
Term Expiring: December 31, 2013
Seat: Master-in-Equity
Vice: Benjamin Culbertson

Initial Appointment
Mr. Joe M. Crosby
222 Cannon Street
Georgetown, South Carolina 29490

Very respectfully,
President of the Senate
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Malloy, Rankin and Cleary of the Committee of Free Conference on the part of the Senate on S. 144:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA SENTENCING REFORM COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION REGARDING SENTENCING GUIDELINES FOR CERTAIN OFFENSES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR OFFENDERS FOR WHOM TRADITIONAL IMPRISONMENT IS NOT APPROPRIATE; TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION; AND TO PROVIDE FOR THE STAFFING OF THE COMMISSION AND FOR THE TERMINATION OF THE COMMISSION NO LATER THAN JUNE 1, 2009.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

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.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3008:

H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL, TO LIMIT THIS EXEMPTION TO THREE YEARS, AND PROVIDE FOR RECAPTURE OF AMOUNTS EXEMPTED IF THE PROPERTY IS TRANSFERRED; TO AMEND SECTION 12-6-3310, AS AMENDED, RELATING TO THE APPLICATION OF TAX CREDITS, SO AS TO PROVIDE FOR THE APPLICATION OF TAX CREDITS WHEN EARNED BY CERTAIN LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE HEADQUARTERS INCOME TAX CREDIT, SO AS TO REVISE REQUIREMENTS WITH RESPECT TO THIS CREDIT; TO AMEND SECTION 12-6-3520, AS AMENDED, RELATING TO THE INCOME CREDIT FOR HABITAT MANAGEMENT, SO AS TO PROVIDE FOR THE APPLICATION OF THIS CREDIT FOR PASS THROUGH ENTITIES; TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO ADD A DEFINITION FOR A "SIGNIFICANT BUSINESS"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO REVISE ELIGIBILITY FOR WAIVER LIMITS OF A SIGNIFICANT BUSINESS AND REVISE OTHER ELIGIBILITY REQUIREMENTS FOR THIS CREDIT; AND TO AMEND SECTIONS 12-44-30, 4-29-67, AND 4-12-30, ALL AS AMENDED, RELATING RESPECTIVELY TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT AND RELATING TO FEES IN LIEU OF TAXES, SO AS TO PROVIDE FOR THAT INVESTMENT ATTRIBUTED TO A SPONSOR.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3674:

H. 3674 (Word version) -- Reps. Cato, Perry, J. H. Neal, Chellis, Harvin, F. N. Smith, Bedingfield, Simrill, Crawford, Leach, W. D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G. R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, CHAPTER 59 TO TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT"; TO REQUIRE AN INSURER, UPON REQUEST, TO PROVIDE THE FEE SCHEDULE THAT IS CONTRACTED WITH THE REQUESTING PHYSICIAN AND TO PROVIDE THAT THE FEE SCHEDULE MUST BE KEPT CONFIDENTIAL; TO PROVIDE THAT CLEAN CLAIMS SUBMITTED BY PAPER MUST BE PAID WITHIN FORTY BUSINESS DAYS OF RECEIPT OR OF THE DATE ALL NECESSARY INFORMATION HAS BEEN RECEIVED AND TWENTY BUSINESS DAYS FOR CLAIMS SUBMITTED ELECTRONICALLY; TO REQUIRE INSURERS TO MAINTAIN A SYSTEM FOR TRACKING RECEIPT AND DISPOSITION OF CLAIMS, TO PROVIDE ACKNOWLEDGEMENT OF CLAIMS RECEIVED AND NOTICE OF DEFECT OR ERRORS IN CLAIMS, AND TO ESTABLISH TIMEFRAMES FOR PROVIDING SUCH INFORMATION; TO PROVIDE THAT CLAIMS THAT ARE NOT TIMELY PAID IN ACCORDANCE WITH THIS ARTICLE ACCRUE INTEREST AT THE LEGAL RATE OF INTEREST, AS PROVIDED FOR IN LAW; TO SPECIFY CIRCUMSTANCES UNDER WHICH INTEREST PAYMENTS ARE NOT REQUIRED; TO ESTABLISH PROCEDURES AND TIMEFRAMES FOR CONDUCTING OVERPAYMENT RECOVERY EFFORTS; TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO CLAIMS PROCESSED UNDER ANY NATIONAL ACCOUNT DELIVERY PROGRAM; AND TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE AND TO FURTHER SPECIFY SANCTIONS THE DEPARTMENT MAY IMPOSE FOR VIOLATIONS; AND TO AMEND SECTION 38-71-230, RELATING TO WRITTEN NOTICE OF HEALTH INSURANCE CLAIMS POLICIES AND PROCEDURES AND THE ADOPTION OF STANDARDIZED CLAIM FORMS, SO AS TO MAKE TECHNICAL CORRECTIONS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL PERMITS FOR THE STOCKING OF STERILE WHITE AMUR OR GRASS CARP HYBRIDS IN THE WATERS OF THIS STATE, TO PROVIDE THAT THE SPECIAL PERMITS MUST CERTIFY THAT THE PERMITEE'S WHITE AMUR OR GRASS CARP HYBRIDS HAVE BEEN TESTED AND DETERMINED TO BE STERILE, TO AUTHORIZE THE DEPARTMENT TO CHARGE FEES FOR THE WHITE AMUR OR GRASS CARP HYBRIDS PROVIDED BASED ON SIZE, AND TO PROVIDE THAT SUBJECT TO CERTAIN CONDITIONS THE DEPARTMENT MAY ISSUE SPECIAL PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NONSTERILE WHITE AMUR OR GRASS CARP HYBRIDS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 295, H. 4876 by a vote of 41 to 0:

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

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3993:

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "HISTORIC BASEBALL LEAGUES DAY" IN SOUTH CAROLINA.

Very respectfully,
President
Received as information.

S. 96--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 96:

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
and asks for a Committee of Conference and has appointed Senators Rankin, Sheheen and Cleary to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CLEMMONS, CRAWFORD and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4355--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4355:

H. 4355 (Word version) -- Reps. Harrell, Kirsh, Bales, Lowe, E. H. Pitts, Cotty, Mahaffey, Battle and Crawford: A BILL TO AMEND SECTIONS 4-10-20, 4-10-350, 4-10-580, AND 4-37-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES UNPREPARED FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND MAKE THIS EXEMPTION APPLY PROSPECTIVELY; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BOARD BY ORDINANCE TO EXTEND THE STATE SALES TAX EXEMPTION FOR FOOD ITEMS TO A LOCALLY IMPOSED SALES AND USE TAX.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. LITTLEJOHN, LIMEHOUSE and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1445 (Word version) -- Senators McConnell, Campsen, Cleary and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME WINGO WAY IN THE TOWN OF MT. PLEASANT FROM HOUSTON NORTHCUTT BOULEVARD TO PATRIOT'S POINT ROAD AS "HARRY HALLMAN BOULEVARD" IN HONOR OF CURRENT MT. PLEASANT MAYOR AND FORMER MEMBER OF THE GENERAL ASSEMBLY, HARRY M. HALLMAN, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC SERVANTS, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS BOULEVARD THAT CONTAIN THE WORDS "HARRY HALLMAN BOULEVARD".

Whereas, the Honorable Harry M. Hallman, Jr. is one of the most widely respected business, civic, and governmental leaders in the State of South Carolina; and

Whereas, Mr. Hallman, who presently serves as mayor of the Town of Mt. Pleasant, is a former member of the South Carolina House of Representatives, former chairman of the board of the Department of Health and Environmental Control, is a former member of the South Carolina State Development Board, has served in numerous leadership capacities on the local and community level; and

Whereas, he is a graduate of the University of South Carolina and holds an honorary Doctor of Humane Letters degree from the University of Charleston; and

Whereas, seldom has a person done as much for his community and State as Harry Hallman has done; and

Whereas, it is fitting and proper for the members of the South Carolina General Assembly to pay tribute to one of South Carolina's most distinguished public servants by having this boulevard named in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly request that the Department of Transportation name Wingo Way in the Town of Mt. Pleasant from Houston Northcutt Boulevard to Patriot's Point Road as "Harry Hallman Boulevard" in honor of current Mt. Pleasant mayor and former member of the General Assembly, Harry M. Hallman, Jr., one of South Carolina's most distinguished public servants, and erect appropriate markers or signs along this boulevard that contain the words "Harry Hallman Boulevard".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

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

Allen                  Anthony                Bales
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Branham                Brantley               Breeland
R. Brown               Cato                   Chalk
Clemmons               Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Daning                 Dantzler               Delleney
Duncan                 Edge                   Erickson
Frye                   Funderburk             Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Herbkersman
Hiott                  Hodges                 Hosey
Hutson                 Jefferson              Kelly
Kirsh                  Knight                 Limehouse
Littlejohn             Lucas                  Mahaffey
McLeod                 Miller                 Moss
Mulvaney               J. M. Neal             Neilson
Owens                  Phillips               E. H. Pitts
Rice                   Scarborough            Shoopman
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 White
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, June 5.

Paul Agnew                        Anne Parks
Jackie Hayes                      Chris Hart
Terry Alexander                   Carl Anderson
Joan Brady                        William Clyburn
Ralph Davenport                   Kenneth Kennedy
Phillip Lowe                      David Mack
James Merrill                     Joseph Neal
Harry Ott                         Skipper Perry
Lewis E. Pinson                   W. E. "Bill" Sandifer
John Scott                        Bakari Sellers
Gary Simrill                      James E. Smith
Doug Smith                        Leon Stavrinakis
James E. Stewart                  Jackson "Seth" Whipper
William R. "Bill" Whitmire        Nathan Ballentine
Jerry Govan                       Grady Brown
Dwight Loftis                     Chip Huggins
David Weeks                       Gloria Haskins
Leon Howard                       Harold Mitchell
Douglas Jennings                  Todd Rutherford

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. A. PITTS a leave of absence for the day to attend the mid-year board meeting of the National Assembly of Sportsmen's Caucuses in Miami, Florida.

STATEMENT BY REP. F. N. SMITH

Rep. F. N. SMITH made a statement relative to Rep. HAMILTON'S service in the House.

STATEMENT BY REP. HAMILTON

Rep. HAMILTON made a statement relative to his service in the House.

STATEMENTS BY REPS. BARFIELD, EDGE,
HARDWICK AND OTT

Reps. BARFIELD, EDGE, HARDWICK and OTT made statements relative to Rep. WITHERSPOON'S service in the House.

STATEMENT BY REP. WITHERSPOON

Rep. WITHERSPOON made a statement relative to his service in the House.

STATEMENTS BY REPS. HARRISON AND BRADY

Reps. HARRISON and BRADY made statements relative to Rep. COTTY'S service in the House.

STATEMENT BY REP. COTTY

Rep. COTTY made a statement relative to his service in the House.

STATEMENTS BY REPS. HARRISON, J. H. NEAL, HOWARD, GOVAN, RUTHERFORD AND HART

Reps. HARRISON, J. H. NEAL, HOWARD, HART and GOVAN made statements relative to Rep. SCOTT'S service in the House.

STATEMENT BY REP. SCOTT

Rep. SCOTT made a statement relative to his service in the House.
I want to thank all of you; my constituents from House District 77, those who elected me for the beginning of my career in public service, those two years on the county council, along with those of you who have served with me for the past eighteen years, and the desk staff, the Blatt Building staff and even those in the lobby, who have become friends over the years.
When I came to the House, we had a budget of about 4.2 billion dollars and now it is 7.2 billion. Bob Sheheen was the Speaker then, until 1994, when David Wilkins was elected Speaker and now, Bobby Harrell. Two years after I arrived, I moved from the 3-M Committee to the Judiciary Committee where Jim Hodges was the chairman and later, Jim Harrison became chairman.
I visited South Africa and returned a changed man. It was about 15 years ago, before Nelson Mandela became President and he said something I never forgot..."We have worked hard to climb the many hills, just to discover that there are many more hills to climb."
I have worked under four Governors, Carroll Campbell, David Beasley, Jim Hodges, and Mark Sanford. And earlier on, I worked for Governors Edwards and Riley. And through it all we have renovated our State House, moved across the street to the old "Beau's" and back again to our new home.
I have served in this Body with Members like Lindsey Graham, Gresham Barrett and Henry Brown. I have served with four minority leaders, three I shared leadership with as the Assistant Minority Leader, Doug Jennings, James Smith and Harry Ott. I've also served four majority leaders of the House, Marion Carnell, Larry Koon, my good friend, the late Alex Harvin, who gave me the best advice, "Pick your fights, John," and I've tried to follow that advice. Even though I've found myself in fights I didn't belong in occasionally!
We have seen the removal of the Confederate Battle Flag from the House Chamber and we have instituted Martin Luther King Day as a state holiday. We have christened the African American Monument on the grounds of the State House and we have added two portraits in the House Chamber, of the only two African American Speakers, Robert Brown Elliott and Samuel J. Lee. We have passed the State Education Lottery and have implemented new voting machines.
To be a part of this State's process in electing its first African American Supreme Court Justice, the Honorable Ernest Finney, and later the first female State Supreme Court Justice, Jean Toal, has been my honor.
We have made progress, but much work is still to be done. We must improve the hiring of minorities in top positions, the educational system, the transportation system, the sharing of leadership roles in this body and state, the election of more minority judges, and much more.
I'd like to recognize my five seatmates over the years, James Faber, Levola Taylor, Joe Neal, Joe Brown and most recently, Christ Hart. I'd also like to recognize my friend through good times and bad, Jerry Govan. And I'd like to make some presentations that I'd promised over the years. For Murrell Smith, the cufflinks you'd admired and I'd promised you. And another set of cufflinks for Alan Clemmons, who has gifted me with so many beautiful neckties. And finally, for Rep. Wallace Scarborough, a pair of new, white socks...as we all know, he doesn't have any socks!
Seriously, everyone wants the same things, a safe place to rear their children, good jobs, good educational systems, a fair and just legal system and leadership that will stand up and upon whom we can depend.
Rep. John Scott

S. 987--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.

Reps. HAGOOD and HERBKERSMAN, with unanimous consent, proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20751SD08), which was adopted:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD, with unanimous consent, proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\ 20756SD08), which was tabled:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, and inserting:
/ (E) The operator of a watercraft under thirty feet in length may only be stopped by a state law enforcement officer for a violation of state law relating to the operation of the watercraft, excluding any fish or game violations, if the law enforcement officer has probable cause to believe such a violation occurred. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD moved to table the amendment, which was agreed to.

Rep. RUTHERFORD, with unanimous consent, proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\ 20758SD08), which was tabled:
Amend the bill, as and if amended, in Section 50-21-175 of the 1976 Code, as contained in SECTION 3, by striking subsection (E) which begins on line 21, page 4, and inserting:
/ (E) The operator of a watercraft under thirty feet in length being operated on freshwater may only be stopped by a state law enforcement officer for boating safety or equipment violations if the law enforcement officer has probable cause to believe such a violation has occurred. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD moved to table the amendment, which was agreed to.

The Bill was read the third time and ordered returned to the Senate with amendments.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 1313 (Word version) -- Senators Knotts, Peeler, Williams, Elliott, Ford, Vaughn, Grooms, Malloy, Cromer, Bryant, Courson, Setzler, McConnell, Ceips, Ritchie, Cleary, Campsen, Short, McGill, Patterson, Reese, Ryberg, Fair, Thomas, Campbell, Anderson, Drummond, Pinckney, Jackson, Alexander, Leatherman, O'Dell, Lourie, Matthews, Martin, Rankin, Hayes and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-223 SO AS TO PROVIDE THAT A PERSON WHO THROUGH A BOND FOR TITLE, LEASE-PURCHASE AGREEMENT, CONTRACT FOR SALE, OR OTHER TYPE OF CONTRACTUAL AGREEMENT OWNS AN EQUITABLE INTEREST IN A PARCEL OF REAL PROPERTY, THE LEGAL TITLE TO WHICH REMAINS IN THE SELLER, WHICH THAT PERSON MAINTAINS AS HIS LEGAL RESIDENCE QUALIFIES FOR A FOUR PERCENT ASSESSMENT RATIO THEREON IF HE MEETS ALL OTHER REQUIREMENTS PROVIDED BY LAW FOR SUCH CLASSIFICATION INCLUDING A REQUIREMENT IN THE CONTRACTUAL AGREEMENT THAT HE IS RESPONSIBLE FOR THE REAL PROPERTY TAXES ON THE PROPERTY.

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

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. 1172 (Word version) -- Senators Knotts, Ford, Fair, Elliott, Thomas, Short, O'Dell, Reese and Anderson: A BILL TO AMEND SECTION 17-5-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILLING OF VACANCIES IN THE OFFICE OF THE CORONER, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE VACANCIES SHALL BE FILLED AND FOR THE PERSON WHO SHALL ACT IN THE CORONER'S PLACE IF A VACANCY OR SUSPENSION IN THE OFFICE EXISTS.

S. 913--DEBATE ADJOURNED

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

S. 913 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ELECTION BALLOTS, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR MUST PROVIDE FOR BALLOTS AS REQUIRED BY LAW AND TO DELETE OBSOLETE LANGUAGE.

Rep. HARRISON moved to adjourn debate on the Senate Amendments, which was agreed to.

S. 1159--NONCONCURRENCE IN SENATE AMENDMENTS

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

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

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

H. 4764--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO PROVIDE FOR OTHER PROHIBITED ACTS; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A TITLE WHEN A PERSON COMES INTO POSSESSION OF A WATERCRAFT WITHOUT PROPER PROOF OF OWNERSHIP; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT.

Rep. WITHERSPOON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 605--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.

Rep. MILLER explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1131--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4783--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT AN APPLICANT MUST BE ENROLLED AND PARTICIPATING IN THE INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; AND TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4554--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4554 (Word version) -- Reps. Cobb-Hunter and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-245 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, EXCEPT UPON THE BROKER-IN-CHARGE AT THE PLACE WHERE THE REAL ESTATE LICENSEE SHALL MAINTAIN A PRINCIPAL OR BRANCH OFFICE AND TO PROVIDE THAT A MUNICIPALITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN ITS CORPORATE LIMITS, AND A COUNTY GOVERNING AUTHORITY MAY IMPOSE AN OCCUPATION, LICENSE, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE BROKERS-IN-CHARGE BASED UPON GROSS RECEIPTS ONLY FOR REAL ESTATE TRANSACTIONS WITH RESPECT TO PROPERTY LOCATED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY.

Reps. BEDINGFIELD and CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\AGM\19282MM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 40-57-180(G) of the 1976 Code, as last amended by Act 218 of 2004, is further amended to read:
/ "(G) The commission shall establish and publish standards relevant to the approval and conduct of education required by this chapter.

(1) The department shall review, approve, and regulate education courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions. Notwithstanding another rule or regulation, all Certified Commercial Investment Member (CCIM) designation courses approved by the CCIM institute and all Graduate Realtor Institute (GRI) designation courses approved by the National Association of Realtors must be approved for post-licensing and continuing education credit upon application accompanied by applicable fees.

(2) The department may deny, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the department finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter.

(3) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the department and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the department before the commencement of any instruction. Instructors that hold the Certified Commercial Investment Member (CCIM) designation conferred by the CCIM Institute are approved for instruction in all commercial real estate courses upon application accompanied by the applicable fees.

(4) If an application for provider, instructor, or course is not approved, the reason must be detailed and the applicant must be given thirty days to respond.

(5) Upon approval, certificates must be issued to providers, courses, and instructors to be renewed biennially.

(6) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach.

(7) Approved instructors shall attend instructor development workshops sponsored by the department or provide evidence of equivalent hours of continuing education that increases their knowledge of the subject content in their area of expertise or their teaching techniques.

(8) The commission must allow for electronic delivery including, but not limited to, the Internet, videoconference, or other interactive electronic means, of all courses approved for continuing education." /
Renumber sections to conform.
Amend title to conform.

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

Rep. DUNCAN proposed the following Amendment No. 2A (Doc Name COUNCIL\GJK\20744SD08), which was adopted:
Amend the bill, as and if amended, in Section 6-1-315 of the 1976 Code, as contained in SECTION 1, by adding a new item (3) to subsection (B) on line 23, page 2 to read:
/ (3) Notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon the gross proceeds of an auctioneer licensed under Chapter 6 of Title 40 for the first three auctions conducted by the auctioneer in the county or municipality, unless the auctioneer maintains a principal or branch office in the county or municipality. /
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Bill dealt with business licensing fees and taxation of realtors and the Amendment merely included auctioneers to that list of professional businesses. He overruled the Point of Order.

The amendment was then adopted by a division vote of 39 to 23.

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

H. 4867--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.

Rep. CATO explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 5009--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 5009 (Word version) -- Reps. G. M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.

Rep. G. M. SMITH explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 577--NONCONCURRENCE IN SENATE AMENDMENTS

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

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

Rep. F. N. SMITH explained the Senate Amendments.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

S. 503--NONCONCURRENCE IN SENATE AMENDMENTS

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

S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.

H. 4320--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4320 (Word version) -- Reps. Whipper, Clyburn, R. Brown and Hosey: A BILL TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT.

Rep. WALKER proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\5602BB08), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3, as contained on page 2, in its entirety and inserting:
/ SECTION 3. A member of the United States Armed Forces that, as of the effective date of this act, is stationed outside of this State or was stationed outside of this State for any time during the past twelve months to the extent that he would not be considered a resident of this State for the purposes of this title, but has graduated from a South Carolina high school, and has maintained significant contacts with the State during his service, including, but not limited to, continuously paying property taxes, is a resident or resides in this State, as the case may be, for purposes of this title. This section is repealed on July 1, 2009. This section does not apply for the purpose of eligibility for state scholarships and grants. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER 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.

H. 4847--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4847 (Word version) -- Reps. Cotty, Brady and J. E. Smith: A BILL TO AMEND SECTION 56-5-5810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF CERTAIN TERMS THAT RELATE TO THE DISPOSITION OF CERTAIN ABANDONED OR DERELICT VEHICLES ON PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS ALSO APPLY TO THESE TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5, TITLE 56, AND TO PROVIDE THAT THE DEFINITION OF THE TERM "OFFICER" INCLUDES CODE ENFORCEMENT OFFICERS.

Rep. DELLENEY explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

ORDERED ENROLLED FOR RATIFICATION

S. 1106 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.

H. 5250--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5250 (Word version) -- Reps. Allen and F. N. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME LINE ROAD (S-23-807) IN GREENVILLE COUNTY "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD".

Whereas, Attorney Donald James Sampson was born on August 4, 1919, in Sumter County and died on May 26, 2001; and

Whereas, he married the former LaBarbara Powell in 1942, and to this union three children were born; and

Whereas, Mr. Sampson completed his elementary and secondary education in Sumter County, obtained his Bachelor of Science degree from Hampton Institute in 1941, and earned his Bachelor of Laws degree from Temple University in 1950; and

Whereas, he served his country with distinction in the United States Army from 1941 to 1945, having attained the rank of First Lieutenant in the 369th Anti-Aircraft Artillery Regiment stationed in the Pacific; and

Whereas, the Sampsons moved to Greenville in 1951, where Mr. Sampson was the first African American attorney in Greenville County and began a long illustrious, and distinguished career in the practice of law which spanned approximately fifty years; and

Whereas, as a civil rights leader and activist in South Carolina, he played an integral part in court cases that ended segregation in the state's public schools, libraries, transportation systems, accommodations, and other facilities; and

Whereas, for his lifetime achievements, Attorney Sampson was awarded the Order of the Palmetto in 2000, and has been recognized by the South Carolina Bar Association; and

Whereas, it is fitting and proper for the South Carolina General Assembly to honor the memory of this illustrious son of South Carolina by naming a highway in Greenville County in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly request that the Department of Transportation name Line Road (S-23-807) in Greenville County "Donald James Sampson, Esquire Boulevard" and erect appropriate markers or signs along this highway that contain the words "Donald James Sampson, Esquire Boulevard".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1383--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".

The Concurrent Resolution was adopted and sent to the Senate.

S. 1448--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".

Whereas, in 1959, at twenty-three years old and a freshly minted graduate of Southern Baptist Seminary, Dr. Richard Alderman was called to pastor Little Rock Baptist Church in Dillon County; and

Whereas, this year, at seventy-two years old, Dr. Alderman will observe his forty-ninth anniversary as pastor of Little Rock, a small rural community church outside the Town of Dillon; and

Whereas, throughout his tenure as pastor, Dr. Alderman has committed himself to unashamed expository preaching and teaching of the Word of God, always being available and loyal to his congregation, and maintaining a strong commitment to world missions; and

Whereas, his ministry at Little Rock is a family affair where he leads the choir, his wife, Martha, whom he married when he was seventeen years old, serves as organist, and son, Jay, is the church's pianist; and

Whereas, it is fitting and proper for the members of the General Assembly to recognize the faithful service of Dr. Richard Alderman as pastor of Little Rock Baptist Church for nearly a half century by having a highway in Dillon County named in his honor. Now, therefore,

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

That the General Assembly of South Carolina requests that the Department of Transportation name the portion of South Carolina Highway 9 in Dillon County from its intersection with Interstate Highway 95 to its intersection with Wix Road "Dr. Richard Alderman Road" and erect appropriate markers or signs along this portion of highway that contain the words "Dr. Richard Alderman Road".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1439--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1439 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS, WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.

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

That the General Assembly of the State of South Carolina requests the South Carolina Department of Transportation erect appropriate markers or signs south of the five-mile marker along Interstate Highway 95 in Jasper County as a memorial to Trooper First Class Bruce Smalls, who was killed in the line of duty along this portion of highway on September 27, 1985.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 890--RECOMMITTED

The following Bill was taken up:

S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 918--RECOMMITTED

The following Bill was taken up:

S. 918 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, ANOTHER PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.

Rep. HOWARD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

H. 4309--RECOMMITTED

The following Bill was taken up:

H. 4309 (Word version) -- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach, Haley, Young, Duncan, Haskins, Talley, G. R. Smith, Taylor, Cotty, Walker and Simrill: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 110--RECOMMITTED

The following Bill was taken up:

S. 110 (Word version) -- Senators T