Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Jeremiah 20:12: "O Lord of hosts, you test the righteous, you see the heart and mind."
Let us pray. Creator God, You made each of us unique and You are calling each of us to use our special gifts in some way. Lead us to know what this is and to use it in ways that show our love, loyalty, and faithfulness to Your whole creation, especially those we serve. Continue Your grace and blessing on our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Bless and protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. Amen.

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

After corrections to the Journal of the proceedings of Thursday, June 5, the SPEAKER ordered it confirmed.

Rep. HARRISON moved that when the House adjourns, it adjourn in memory of Matthew Bruccoli of Columbia, which was agreed to.

Pursuant to an invitation, the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 10, 2008, at 3:30 P.M., and the following Acts and Joint Resolutions were ratified:

(R400, S. 96 (Word version)) -- Senators Sheheen and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-4155 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO AMEND THE DEFINITION OF "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; AND TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN FOOD-SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO DEFINE THE TERMS "KITCHEN", "MEAL", AND "PRIMARILY" FOR PURPOSES OF THE SECTION.

(R401, S. 181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS 24-13-210 AND 24-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION 24-3-130, RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-131, RELATING TO THE SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-140, RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-160, RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-170, RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-180, RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-190, RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-310, RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISONERS" FOR THE TERM "CONVICT", AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-320, RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-330, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-340, RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-37-370, RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-400, RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-420, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION 24-3-520, RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-540, RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-550, RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-560, RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-570, RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-710, RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION 24-3-720, RELATING TO ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-740, RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-750, RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-760, RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-920, RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-930, RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-940, RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-951, RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-965, RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM "CONTRABAND"; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES ASSUMING CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL TO A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL THE JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION 24-5-110, RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION 24-5-120, RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION 24-5-170, RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAY BE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS 24-5-300, 24-5-310, 24-5-320, 24-5-330, 24-5-350, 24-5-360, 24-5-370, 24-5-380, AND 24-5-390, ALL RELATING TO DEFINITIONS, THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION 24-7-110, RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION 24-7-120, RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION 24-7-155, RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS 24-13-10, 24-13-20, 24-13-30, 24-13-40, 24-13-50, 24-13-80, 24-13-125, 24-13-150, 24-13-210, 24-13-230, 24-13-235, 24-13-260, 24-13-410, 24-13-420, 24-13-430, 24-13-440, 24-13-450, 24-13-460, 24-13-470, 24-13-640, 24-13-660, 24-13-910, 24-13-915, 24-13-940, AND 24-13-1540, ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION PROGRAM" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERM "INMATES" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAY BE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION 16-7-140, RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION 20-7-1350, AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; AND TO REPEAL SECTIONS 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, AND 24-7-150 RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING CHAPTER 5 TO TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-21-560, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REUSE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS; AND BY ADDING SECTION 16-17-685 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE STOLEN MONUMENTS, VASES, OR MARKERS THAT COMMEMORATE DECEASED INDIVIDUALS AND TO PROVIDE A PENALTY.

(R402, S. 530 (Word version)) -- Senator Leatherman: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2008, SO AS TO PROVIDE FOR THE CODIFICATION IN THE CODE OF LAWS OF SOUTH CAROLINA, 1976, OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTION 8-11-193 SO AS TO AUTHORIZE HIGHER EDUCATION FURLOUGH PROGRAMS IN YEARS OF BUDGET CUTS OR ACROSS THE BOARD REDUCTIONS; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE COMMISSION, BY REGULATION, SHALL DEFINE ALTERNATIVE QUALIFICATIONS FOR AN EXCEPTIONALLY GIFTED STUDENT WHO IS A RESIDENT OF SOUTH CAROLINA AND IS ACCEPTED INTO AN INSTITUTION OF HIGHER LEARNING WITHOUT HAVING ATTENDED OR GRADUATED FROM HIGH SCHOOL; TO AMEND SECTION 59-143-10, RELATING TO THE CHILDREN'S EDUCATION ENDOWMENT, SO AS TO PROVIDE THAT ANY UNSPENT BALANCE IN THE HIGHER EDUCATION SCHOLARSHIP GRANTS ALLOCATION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND MAY BE MADE AVAILABLE FOR NEED-BASED GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS; BY ADDING SECTION 59-111-25 SO AS TO PROVIDE THAT IF A MID-YEAR BUDGET REDUCTION IS IMPOSED BY THE GENERAL ASSEMBLY OR THE STATE BUDGET AND CONTROL BOARD, THE COMMISSION ON HIGHER EDUCATION APPROPRIATIONS FOR THE LIFE SCHOLARSHIP, NEED-BASED GRANTS, AND THE PALMETTO FELLOWS SCHOLARSHIP ARE EXEMPT; TO AMEND SECTION 59-112-70, RELATING TO THE WAIVER OR ABATEMENT OF OUT-OF-STATE TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE WAIVER OF NONRESIDENT TUITION AND FEES FOR CERTAIN INTERNATIONAL STUDENTS; TO AMEND SECTION 59-112-20, RELATING TO HIGHER EDUCATION TUITION AND FEES, SO AS TO PROVIDE FOR IN-STATE RATES FOR CERTAIN GEORGIA RESIDENTS UNDER SPECIFIED CONDITIONS; BY ADDING SECTION 59-112-120 SO AS TO PROVIDE THAT TECHNICAL COLLEGES MAY OFFER IN-STATE RATES TO RESIDENTS OF BORDERING NORTH CAROLINA AND GEORGIA COMMUNITIES IF A RECIPROCAL AGREEMENT IS IN EFFECT WITH THE TWO-YEAR COLLEGES IN THESE NEIGHBORING REGIONS OR WHEN STUDENTS FROM THESE OUT-OF-STATE COMMUNITIES ARE EMPLOYED BY SOUTH CAROLINA EMPLOYERS WHO PAY SOUTH CAROLINA TAXES; BY ADDING SECTION 59-112-130 SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING WITH A LAW SCHOOL MAY OFFER FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE LAW SCHOOL STUDENT BODY; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ADD ADDITIONAL CRITERIA IN DEFINING "CRITICAL GEOGRAPHICAL AREAS" FOR THE CANCELLATION OF STUDENT LOANS AND ACCRUED INTEREST FOR PERSONS RECEIVING SUCH LOANS TO BECOME CERTIFIED TEACHERS IN AREAS OF CRITICAL NEED; BY ADDING SECTION 59-18-1130 SO AS TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED FOR PROFESSIONAL DEVELOPMENT OF EDUCATORS; TO AMEND SECTION 59-18-710, RELATING TO THE STATE ACCREDITATION SYSTEM, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE RECOMMENDATIONS REGARDING THE STATE'S ACCREDITATION SYSTEM TO THE STATE BOARD OF EDUCATION; TO AMEND SECTION 59-18-930, RELATING TO SCHOOL AND SCHOOL DISTRICT REPORT CARDS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THESE REPORT CARDS; BY ADDING SECTION 59-18-950 SO AS TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE MAY BASE RATINGS FOR SCHOOL DISTRICTS AND HIGH SCHOOLS ON CRITERIA THAT INCLUDE GRADUATION RATES, EXIT EXAMINATION PERFORMANCE, AND OTHER CRITERIA IDENTIFIED BY TECHNICAL EXPERTS AND APPROPRIATE GROUPS OF EDUCATORS AND WORKFORCE ADVOCATES; BY ADDING SECTION 59-113-47 SO AS TO PROVIDE THAT HIGHER EDUCATION TUITION GRANT FUNDS ARE EXEMPT FROM MID-YEAR BUDGET REDUCTIONS; TO AMEND SECTION 59-123-115, RELATING TO THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM, SO AS TO FURTHER PROVIDE FOR THE USE AND EXPENDITURE OF FUNDING FOR THE STATEWIDE FAMILY PRACTICE RESIDENCY SYSTEM; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO SUBSTITUTION OF PRESCRIPTION MEDICATIONS, SO AS TO PROVIDE THAT A MEDICAID RECIPIENT WHOSE PRESCRIPTION IS REIMBURSED BY THE SOUTH CAROLINA MEDICAID PROGRAM IS DEEMED TO HAVE CONSENTED TO THE SUBSTITUTION OF A LESS COSTLY EQUIVALENT GENERIC DRUG PRODUCT; BY ADDING SECTION 44-6-725 SO AS TO MAKE A PROMISSORY NOTE RECEIVED BY A MEDICAID APPLICANT, RECIPIENT, OR HIS SPOUSE IN EXCHANGE FOR ASSETS WHICH IF RETAINED BY THE APPLICANT, RECIPIENT, OR HIS SPOUSE WOULD CAUSE THE APPLICANT OR RECIPIENT TO BE INELIGIBLE FOR MEDICAID BENEFITS, FOR MEDICAID ELIGIBILITY PURPOSES, SHALL BE DEEMED TO BE FULLY NEGOTIABLE UNDER THE LAWS OF THIS STATE UNLESS IT CONTAINS LANGUAGE PLAINLY STATING THAT IT IS NOT TRANSFERABLE UNDER ANY CIRCUMSTANCES; BY ADDING ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO REENACT SECTION 44-1-215 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN CERTAIN FUNDS; TO AMEND SECTION 44-7-570, RELATING TO THE MONITORING AND REGULATION OF AGREEMENTS UNDER THE HEALTH CARE COOPERATION ACT, SO AS TO PROVIDE THAT THE FEE THE DEPARTMENT IS AUTHORIZED TO CHARGE EXTENDS TO CERTIFICATES OF PUBLIC ADVANTAGE; BY ADDING SECTION 44-1-300 SO AS TO PROHIBIT THE DEPARTMENT FROM USING CERTAIN APPROPRIATIONS FOR ENFORCEMENT WHICH WOULD PROHIBIT A CHURCH OR CHARITABLE ORGANIZATION FROM PREPARING AND SERVING FOOD TO THE PUBLIC ON THEIR OWN PREMISES AT NOT MORE THAN ONE FUNCTION A MONTH OR NOT MORE THAN TWELVE FUNCTIONS A YEAR; TO AMEND SECTION 44-56-160, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO REVISE THE USE OF INTEREST ACCRUING IN THE FUND; TO AMEND SECTION 44-7-2440, RELATING TO HOSPITAL INFECTIONS DISCLOSURE ACT, SO AS TO PROVIDE THAT THE DEPARTMENT MAY PHASE-IN CERTAIN REPORTING REQUIREMENTS OF THIS ACT; BY ADDING SECTION 44-56-215 SO AS TO PROVIDE FOR THE MANNER IN WHICH FEES SHALL BE ASSESSED AGAINST HAZARDOUS WASTE GENERATORS; TO AMEND SECTION 43-26-90, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS PERTAINING TO THE COMMISSION FOR THE BLIND, SO AS TO PROVIDE THAT PROPERTY OF THE PATRIOTS POINT DEVELOPMENT AUTHORITY ALSO IS EXEMPT FROM THESE PROVISIONS; TO AMEND SECTION 46-21-40, RELATING TO LICENSES TO HANDLE SEEDS, SO AS TO REVISE THE MANNER IN WHICH THE FEES FOR THESE LICENSES ARE DETERMINED; BY ADDING SECTION 46-3-270 SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY WAIVE THE REMITTANCE OF INDIRECT COST RECOVERIES FOR THE SPECIALTY CROP GRANT SUPPORTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE COMMODITY CREDIT CORPORATION; TO AMEND SECTION 39-9-68, RELATING TO THE FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION IN REGARD TO WEIGHTS AND MEASURES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL CHARGE A FEE OF FORTY-FIVE DOLLARS AN HOUR BASED ON A FEE SCHEDULE FOR ALL CALIBRATIONS PERFORMED FOR PRIVATE SECTOR ENTITIES BY THE METROLOGY LABORATORY; BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN AND EXPEND ONE HUNDRED THOUSAND DOLLARS OF THE INTEREST FROM THE GRAIN HANDLERS GUARANTY FUND TO COVER THE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM; BY ADDING SECTION 50-9-515 SO AS TO PROVIDE THAT ANY MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS A RESIDENT OF SOUTH CAROLINA STATIONED OUTSIDE OF THE STATE, UPON PRESENTATION OF HIS OFFICIAL FURLOUGH OR LEAVE PAPERS, SHALL BE ALLOWED TO FISH AND HUNT WITHOUT PURCHASING A FISHING OR HUNTING LICENSE; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE FEE FOR CERTAIN LICENSES; TO AMEND SECTION 56-3-4510, RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR THE "NONGAME WILDLIFE AND NATURAL AREAS FUND", SO AS TO REVISE THE TERMS AND CONDITIONS PERTAINING TO THE ISSUANCE OF THESE PLATES; BY ADDING SECTION 51-3-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL MAINTAIN THE FEE STRUCTURE FOR THE MAINTENANCE AND OPERATION OF THE STATE PARK SYSTEM INCLUDING DISCOUNTS WHICH MAY BE OFFERED; BY ADDING SECTION 1-7-160 SO AS TO PROVIDE THAT A DEPARTMENT OR AGENCY OF STATE GOVERNMENT MAY NOT HIRE A CLASSIFIED OR TEMPORARY ATTORNEY AS AN EMPLOYEE EXCEPT UPON THE WRITTEN APPROVAL OF THE ATTORNEY GENERAL AND AT COMPENSATION APPROVED BY HIM; BY ADDING SECTION 1-7-170 SO AS TO PROVIDE THAT A DEPARTMENT OR AGENCY OF STATE GOVERNMENT MAY NOT ENGAGE ON A FEE BASIS AN ATTORNEY AT LAW EXCEPT UPON THE WRITTEN APPROVAL OF THE ATTORNEY GENERAL AND UPON A FEE AS MUST BE APPROVED BY HIM; BY ADDING SECTION 1-7-85 SO AS TO PROVIDE THAT THE OFFICE OF THE ATTORNEY GENERAL MAY OBTAIN REIMBURSEMENT FOR ITS COSTS IN REPRESENTING THE STATE IN CRIMINAL PROCEEDINGS AND IN REPRESENTING THE STATE AND ITS OFFICERS AND AGENCIES IN CIVIL AND ADMINISTRATIVE PROCEEDINGS; BY ADDING SECTION 14-1-217 SO AS TO PROVIDE THAT THE STATE OR A PERSON ACTING ON BEHALF OF THE STATE IS NOT REQUIRED TO PAY FILING FEES IN PROCEEDINGS BROUGHT PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT; TO DESIGNATE SECTIONS 17-22-10 THROUGH 17-22-170 OF THE 1976 CODE AS THE "PRETRIAL INTERVENTION PROGRAM"; BY ADDING ARTICLE 3 TO CHAPTER 22 OF TITLE 17 SO AS TO AUTHORIZE CIRCUIT SOLICITORS TO ESTABLISH A WORTHLESS CHECK UNIT AND TO PROVIDE FOR THE OPERATION OF THE UNIT; BY ADDING SECTION 14-1-213 SO AS TO PROVIDE THAT IN ADDITION TO ALL OTHER ASSESSMENTS AND SURCHARGES REQUIRED TO BE IMPOSED BY LAW, A ONE-HUNDRED-DOLLAR SURCHARGE IS ALSO LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR OR FELONY DRUG OFFENSES AND TO PROVIDE THAT THESE SURCHARGES SHALL BE USED TO ESTABLISH DRUG TREATMENT COURT PROGRAMS; TO AMEND SECTION 23-6-50, RELATING TO AUDITS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO FURTHER PROVIDE THESE AUDITS AND THE USE BY THE DEPARTMENT OF CERTAIN REVENUE; BY ADDING SECTIONS 23-6-185, 23-6-187, 23-6-191, 23-6-193, AND 23-6-195 ALL SO AS TO PROVIDE FOR VARIOUS FUNDING AND ADMINISTRATIVE MATTERS OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-6-1140, RELATING TO SUBSISTENCE ALLOWANCES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCREASE THE ALLOWANCE; TO AMEND SECTION 56-19-420, RELATING TO THE USE OF A CERTAIN PORTION OF MOTOR VEHICLE CERTIFICATE OF TITLE FEES, SO AS TO REVISE THE USES; BY ADDING SECTION 23-6-190 SO AS TO PROVIDE THAT ALL MONIES COLLECTED IN THE DEPARTMENT OF PUBLIC SAFETY BUILDING FUND ABOVE A SPECIFIED LIMIT MUST BE UTILIZED BY THE DEPARTMENT TO SUPPORT THE HIGHWAY PATROL; TO AMEND SECTION 56-3-840, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DELINQUENCY FEES, SO AS TO REVISE THE USE OF A CERTAIN PORTION OF THESE FUNDS; BY ADDING SECTION 56-1-550 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY COLLECT A FEE NOT TO EXCEED TWENTY DOLLARS PER DOCUMENT TO EXPEDITE A REQUEST FOR COPIES OF DOCUMENTS AND RECORDS IT MAINTAINS AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION 56-3-1290, RELATING TO FEES TO TRANSFER A LICENSE PLATE, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR ITS USE; TO AMEND SECTION 56-3-620, RELATING TO REGISTRATION FEES FOR HANDICAPPED PERSONS AND OTHER REGISTRATION FEES, SO AS TO PROVIDE THAT ANNUAL LICENSE PLATE VALIDATION STICKERS WHICH ARE ISSUED FOR NONPERMANENT LICENSE PLATES ON CERTIFIED SOUTH CAROLINA PUBLIC LAW ENFORCEMENT VEHICLES MUST BE ISSUED WITHOUT CHARGE; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO QUALIFICATIONS FOR A DRIVER'S LICENSE, SO AS TO FURTHER PROVIDE FOR THE FEES FOR A COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO FEES FOR A DUPLICATE DRIVER'S LICENSE IF ONE IS LOST OR DESTROYED, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR THE USE OF THE REVENUE; TO AMEND SECTION 56-3-2010, RELATING TO PRIVATE PASSENGER AND PERSONALIZED LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE EXPIRATION DATE FOR CERTAIN PERSONALIZED PLATES; BY ADDING 24-1-252 SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO RETAIN PROCEEDS FROM THE SALE OF SURPLUS PRODUCTS PRODUCED BY ITS FARM PROGRAM AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION 24-3-920, RELATING TO REWARDS FOR THE CAPTURE OF ESCAPED CONVICTS, SO AS TO INCREASE THE AMOUNT OF THE AWARD AND HOW FUNDS TO SUPPORT THESE AWARDS MAY BE GENERATED; TO AMEND SECTION 24-1-250, RELATING TO THE SALE OF TIMBER BY THE DEPARTMENT OF CORRECTIONS FROM ITS LANDS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH SALES, THE USE OF THE PROCEEDS, AND FOR HORTICULTURAL PRODUCT SALES BY THE DEPARTMENT; BY ADDING SECTION 24-3-45 SO AS TO PROVIDE FOR THE DEDUCTIONS FROM WAGES OF PRISONERS ENGAGED IN WORK AT PAID EMPLOYMENT IN THE COMMUNITY, AND THE MANNER IN WHICH THESE DEDUCTIONS MUST BE USED; TO AMEND SECTION 24-1-110, RELATING TO EMPLOYMENT WITHIN THE PRISON SYSTEM BY THE DIRECTOR, SO AS TO PERMIT THE DIRECTOR TO EXTEND CERTAIN SERVICES AT NO COST OR REDUCED COST TO CORRECTIONAL OFFICERS PAID FOR WITH NONAPPROPRIATED FUNDS FOR THE PURPOSE OF RETENTION; TO AMEND SECTION 24-21-480, RELATING TO THE RESTITUTION CENTER PROGRAM OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE AMOUNT PAID BY THE OFFENDER FOR HOUSING AND FOOD PER DAY; BY ADDING SECTION 24-21-87 SO AS TO PROVIDE THAT THE DEPARTMENT MAY CHARGE OFFENDERS A FEE BASED ON THE NUMBER OF MILES AND LENGTH OF TIME REQUIRED TO PERFORM AN EXTRADITION; TO AMEND SECTION 24-21-960, RELATING TO PARDONS, SO AS TO INCREASE THE PARDON APPLICATION FEE; TO AMEND SECTION 37-16-30, RELATING TO PREPAID LEGAL SERVICES SOLICITATIONS, SO AS TO INCREASE THE FEE FOR THE REQUIRED FILINGS WITH THE DEPARTMENT OF CONSUMER AFFAIRS; TO AMEND SECTION 37-2-305, RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CREDIT SALES, SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION 37-3-305, RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CONSUMER LOANS SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION 37-6-203, RELATING TO CERTAIN NOTIFICATIONS REQUIRED TO BE FILED WITH THE DEPARTMENT BY PERSONS ENGAGED IN SPECIFIED CONSUMER ACTIVITIES, SO AS TO INCREASE THE ANNUAL FEE, AND TO PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; BY ADDING SECTION 40-7-285 SO AS TO PROVIDE THAT A PERSON LICENSED AS A COSMETOLOGIST, ESTHETICIAN, OR MANICURIST MAY PRACTICE, WITHIN THE SCOPE AUTHORIZED BY THE PERSON'S LICENSE, IN A BARBERSHOP; BY ADDING SECTION 23-10-20 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION IS AUTHORIZED TO PURCHASE AND ISSUE CLOTHING TO THE STAFF OF THE STATE FIRE ACADEMY; BY ADDING SECTION 1-23-670 SO AS TO PROVIDE THAT EACH REQUEST FOR A CONTESTED CASE HEARING, NOTICE OF APPEAL, OR REQUEST FOR INJUNCTIVE RELIEF BEFORE THE ADMINISTRATIVE LAW COURT MUST BE ACCOMPANIED BY A FILING FEE EQUAL TO THAT CHARGED IN CIRCUIT COURT FOR FILING A SUMMONS AND COMPLAINT, AND TO PROVIDE FOR THE USE OF THE FUNDS RECEIVED; BY ADDING SECTION 1-23-680 SO AS TO PROVIDE THAT THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT IS NOT REQUIRED TO REIMBURSE THE SOUTH CAROLINA LEGISLATIVE COUNCIL FOR THE COST OF THE CODE OF LAWS, CODE SUPPLEMENTS, OR CODE REPLACEMENT VOLUMES DISTRIBUTED TO THE COURT; TO AMEND SECTION 23-3-115, RELATING TO CRIMINAL RECORD SEARCHES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO INCREASE THE FEE AND PROVIDE FOR THE USE OF THE REVENUE COLLECTED, AND TO PROVIDE A REDUCED FEE FOR SEARCHES CONDUCTED FOR A CHARITABLE ORGANIZATION; BY ADDING SECTION 23-3-55 SO AS TO PROVIDE THAT ALL REVENUE GENERATED BY THE STATE LAW ENFORCEMENT DIVISION FROM THE SALE OF VEHICLES, VARIOUS EQUIPMENT, AND GASOLINE, AND INSURANCE CLAIMS DURING THE PRIOR FISCAL YEAR MAY BE RETAINED, CARRIED FORWARD, AND EXPENDED FOR THE PURPOSE OF PURCHASING LIKE ITEMS; TO AMEND SECTION 23-31-216, RELATING TO CONCEALABLE WEAPON APPLICATIONS, SO AS TO AUTHORIZE SLED TO EXPEND FEES ASSOCIATED WITH CONCEALED WEAPON APPLICATIONS; BY ADDING SECTION 1-11-495 SO AS TO PROVIDE PROCEDURES TO BE FOLLOWED BY THE STATE BUDGET AND CONTROL BOARD IN REGARD TO OPERATING DEFICITS; TO AMEND SECTION 8-11-165, AS AMENDED, RELATING TO AGENCY HEADS AND THE AGENCY HEAD SALARY COMMISSION, SO AS TO EXEMPT EMPLOYEES OF HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES FROM CERTAIN SALARY RANGE REQUIREMENTS OF THE COMMISSION; TO AMEND SECTION 8-7-90, AS AMENDED, RELATING TO LEAVE OF PUBLIC OFFICERS IN THE NATIONAL GUARD OR RESERVES, SO AS TO PROVIDE THAT A STATE EMPLOYEE IN A FULL TIME POSITION WHO SERVES ON ACTIVE DUTY IN A COMBAT ZONE AND WHO HAS EXHAUSTED ALL AVAILABLE LEAVE FOR MILITARY PURPOSES IS ENTITLED TO RECEIVE UP TO THIRTY ADDITIONAL DAYS OF MILITARY LEAVE IN ANY ONE YEAR; BY ADDING SECTION 8-1-155 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN A STATE AGENCY, OTHER THAN AN INSTITUTION OF HIGHER LEARNING, OR IF AN AGENCY ACTS TO FILL A NEW POSITION, THE AGENCY SHALL GIVE PREFERENCE TO A RESIDENT OF THIS STATE, IF THE APPLICANTS ARE EQUALLY QUALIFIED FOR THE VACANCY OR NEW POSITION; BY ADDING SECTION 1-11-497 SO AS TO PROVIDE THAT IF THE STATE BUDGET AND CONTROL BOARD OR THE GENERAL ASSEMBLY MANDATES AN ACROSS-THE-BOARD REDUCTION, STATE AGENCIES ARE ENCOURAGED TO REDUCE GENERAL OPERATING EXPENSES BEFORE REDUCTIONS ARE MADE TO PROGRAMS, SPECIAL LINE ITEMS, OR LOCAL PROVIDER SERVICES CRITICAL TO AN AGENCY'S MISSION; BY ADDING SECTION 1-1-1610 SO AS TO PROVIDE THAT AN ADMINISTRATIVE STATE AGENCY PERFORMING ADMINISTRATIVE HEARINGS WITHIN THIS STATE MAY MAKE USE OF EXISTING VIDEO CONFERENCING CAPABILITIES AND TO REQUIRE EVIDENCE THAT A COST SAVINGS WILL BE RECOGNIZED BY USING VIDEO CONFERENCING, AS OPPOSED TO HOLDING AN ADMINISTRATIVE HEARING WHERE ALL PARTIES MUST BE IN ATTENDANCE AT ONE PARTICULAR LOCATION; TO AMEND SECTION 8-21-320, RELATING TO MOTION FEES IN THE CIRCUIT AND FAMILY COURTS, SO AS TO PROVIDE FOR THE USE OF THE REVENUES GENERATED FROM THESE FEES; BY ADDING SECTION 8-17-375 SO AS TO PROVIDE THAT CERTAIN EXECUTIVE DEPARTMENT EMPLOYEES WHOSE APPOINTMENT OR EMPLOYMENT IS SUBJECT TO SENATE CONFIRMATION MAY NOT BE REASSIGNED, TERMINATED, OR HAVE THEIR COMPENSATION REDUCED, EXCEPT BY MAJORITY VOTE OF THEIR GOVERNING BOARD AND APPROVAL BY THE SENATE UPON ADVICE AND CONSENT PRIOR TO THE ACTION BEING TAKEN OR AN INTERIM APPOINTMENT BEING MADE; BY ADDING SECTION 1-11-725 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD'S EXPERIENCE RATING OF ALL LOCAL DISABILITIES AND SPECIAL NEEDS PROVIDERS MUST BE RATED AS A SINGLE GROUP WHEN RATING ALL OPTIONAL GROUPS PARTICIPATING IN THE STATE EMPLOYEE HEALTH INSURANCE PROGRAM; BY ADDING SECTION 12-4-388 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY CHARGE PARTICIPANTS A FEE TO COVER THE COST OF EDUCATION AND TRAINING PROGRAMS, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE PARTICIPANTS IN TAXPAYER EDUCATION AND INFORMATION PROGRAMS, TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A SIXTY-DOLLAR FEE FOR THE ISSUANCE OF EACH CERTIFICATE OF COMPLIANCE AND A THIRTY-FIVE DOLLAR FEE FOR EACH INFORMAL NONBINDING LETTER CONCERNING ELIGIBILITY FOR INFRASTRUCTURE CREDITS AGAINST THE LICENSE TAX, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FORTY-FIVE DOLLAR FEE FOR ENTERING INTO INSTALLMENT AGREEMENTS FOR THE PAYMENT OF TAX LIABILITIES TO DEFRAY ADMINISTRATIVE EXPENSES; BY ADDING SECTION 12-4-377 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL MAINTAIN ADEQUATE RECORDS ACCOUNTING FOR THE RECEIPT OF FUNDS FROM THE SALE OF CONFISCATED ALCOHOLIC BEVERAGES, AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED FROM THESE SALES; BY ADDING SECTION 12-4-379 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY INCUR AND PAY THE EXPENSE OF CERTAIN REQUIRED FEES FOR THE FEDERAL REFUND OFFSET PROGRAM; BY ADDING SECTION 12-4-393 SO AS TO PROVIDE THAT THE DEPARTMENT MAY CONTRACT WITH PRIVATE ENTITIES TO ESTABLISH DATA MINING AND DATA WAREHOUSING CAPABILITIES WITHIN THE DEPARTMENT TO ENHANCE COMPLIANCE AND COLLECTIONS; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY ALCOHOLIC LIQUOR PERMITS UPON A REFERENDUM VOTE SO AS TO PROVIDE THAT TEMPORARY PERMITS ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION MAY BE ISSUED IN ALL PARTS OF A MUNICIPALITY IF ANY PART OF THE MUNICIPALITY IS LOCATED IN A COUNTY WHERE THE ISSUANCE OF THESE PERMITS IS ALLOWED; BY ADDING SECTION 12-4-375 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY RETAIN AND EXPEND CERTAIN FUNDS IN EACH FISCAL YEAR FROM ITS BANKRUPTCY OPERATIONS TO DEFRAY ITS ADMINISTRATIVE COSTS, INCLUDING STAFF; BY ADDING SECTION 12-6-3930 SO AS TO PROVIDE THAT NO INTEREST, PENALTIES, OR OTHER SANCTIONS MAY BE IMPOSED ON THE ACTIVE DUTY INCOME OF MEMBERS OF THE NATIONAL GUARD AND RESERVES ACTIVATED AS A RESULT OF THE CONFLICT IN IRAQ AND THE WAR ON TERRORISM WITH REGARD TO UNDERPAYMENT OF STATE ESTIMATED INDIVIDUAL INCOME TAX PAYMENTS OF THE ACTIVE DUTY INCOME IF THE FEDERAL GOVERNMENT IS UNABLE TO WITHHOLD STATE INCOME TAXES DUE ON SUCH PAY; BY ADDING SECTION 12-4-387 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL USE AVAILABLE PERSONNEL TO CONDUCT AUDITS INVOLVING ALL TAXES TO PROMOTE VOLUNTARY COMPLIANCE AND TO COLLECT REVENUES FOR THE STATE; BY ADDING SECTION 8-13-120 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CHARGE A TEN DOLLAR FEE TO OFFSET THE COSTS OF PROGRAMS AND RELATED EXPENSES; BY ADDING SECTION 8-13-130 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO LEVY A FEE ON A PERSON WHO HAS VIOLATED THE "ETHICS, GOVERNMENT ACCOUNTABILITY AND CAMPAIGN REFORM ACT OF 1991"; BY ADDING SECTION 8-13-140 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO RETAIN FUNDS DERIVED FROM ASSESSMENTS ASSOCIATED WITH LATE FILING FEES AND TO CARRY FORWARD UNEXPENDED FUNDS INTO THE CURRENT FISCAL YEAR; BY ADDING SECTION 8-13-150 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CARRY FORWARD LOBBYIST AND PRINCIPAL REGISTRATION FEES INTO THE CURRENT FISCAL YEAR AND TO USE THE FUNDS FOR THE SAME PURPOSE; BY ADDING SECTION 22-3-330 SO AS TO PROVIDE FOR AN ASSESSMENT OF TWENTY-FIVE DOLLARS FOR SUMMONS AND COMPLAINT FILINGS IN MAGISTRATES COURT AND AN ASSESSMENT OF TEN DOLLARS ON ALL OTHER CIVIL FILINGS IN MAGISTRATES COURT, EXCEPTING RESTRAINING ORDERS, AND TO PROVIDE FOR THEIR REMITTANCE AND ALLOCATION; TO AMEND SECTION 14-1-204, AS AMENDED, RELATING TO DISTRIBUTION OF THE FILING FEE FOR COMPLAINTS AND PETITIONS IN CIVIL COURT, SO AS TO IMPOSE AN ADDITIONAL FEE OF FIFTY DOLLARS AND TO PROVIDE FOR ITS ALLOCATION; BY ADDING SECTION 14-1-210 SO AS TO PROVIDE A PROCEDURE BY WHICH THE STATE AUDITOR SHALL AUDIT AT RANDOM TREASURERS, COURTS, AND CLERKS OF COURT AUTHORIZED TO COLLECT ASSESSMENTS IN FAMILY, CIRCUIT, MAGISTRATES, AND MUNICIPAL COURTS, TO IMPOSE REPORTING REQUIREMENTS, AND TO PROVIDE FOR TRAINING FOR THE COLLECTION AND DISTRIBUTION OF SUCH ASSESSMENTS; TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY GENERAL SESSIONS COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A GENERAL SESSIONS COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION 14-1-207, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MAGISTRATES COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MAGISTRATES COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MUNICIPAL COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MUNICIPAL COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; BY ADDING SECTION 14-1-218 SO AS TO ALLOCATE THREE MILLION TWO HUNDRED THOUSAND DOLLARS TO SPECIFIED AGENCIES IN SPECIFIED AMOUNTS FROM DEPOSITS MADE FROM ASSESSMENTS FROM GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS; BY ADDING SECTION 17-3-55 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS INCURRED AND RECEIVED FOR PAYMENT AND TO PAY THESE OBLIGATIONS FROM APPROPRIATED FUNDS IN THE NEXT YEAR'S BUDGET; BY ADDING SECTION 17-3-45 SO AS TO PROVIDE FOR AN AFFIDAVIT BY WHICH A PERSON WHO HAS BEEN PROVIDED COUNSEL MUST DISCLOSE HIS ASSETS, TO PROVIDE FOR A FORTY DOLLAR APPLICATION FEE FOR APPOINTED COUNSEL SERVICES AND FOR THE ALLOCATION OF SUCH FEE REVENUE, TO PROVIDE FOR THE EXECUTION OF THE AFFIDAVIT BY A JUVENILE'S PARENT ON BEHALF OF THE JUVENILE, AND TO PROVIDE FOR A CLAIM AGAINST THE ASSETS OF THE PERSON WHO IS PROVIDED COUNSEL FOR THE COSTS OF THE PROVIDED COUNSEL; BY ADDING SECTION 43-1-710 SO AS TO MAKE AVAILABLE THE NAMES OF PERSONS BENEFITING FROM ASSISTANCE PAYMENTS FROM THE DEPARTMENT OF SOCIAL SERVICES TO OTHER STATE AGENCIES; BY ADDING SECTION 43-1-715 SO AS TO PROVIDE THAT A COUNTY MAY NOT SUPPLEMENT THE SALARY OF DEPARTMENT OF SOCIAL SERVICES EMPLOYEES; BY ADDING SECTION 43-1-720 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL ESTABLISH AND COLLECT ACCOUNTS RECEIVABLE IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS; BY ADDING SECTION 20-7-1641 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES MAY PAY THE COST OF FINGERPRINT REVIEWS FOR CERTAIN FOSTER CARE FAMILIES FROM FUNDS APPROPRIATED FOR FOSTER CARE; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 3, CHAPTER 11, TITLE 8, SO AS TO EXEMPT STAFF OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 5, CHAPTER 17, TITLE 8, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE, UPON CERTAIN CONDITIONS; TO AMEND CHAPTER 21 OF TITLE 43, RELATING TO THE DIVISION AND ADVISORY COUNCIL ON AGING, SO AS TO PLACE THE COUNCIL WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA RETIREMENT SYSTEM CHAPTER, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION 57-5-720, RELATING TO STANDARDS OF CONSTRUCTION, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM, AND TO PROVIDE THAT THOSE RELAXED STANDARDS DO NOT GIVE RISE TO LIABILITY; TO AMEND SECTION 57-3-130, RELATING TO SPECIAL PERMITS TO OPERATE VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS AND FEES ASSOCIATED WITH SUCH PERMITS, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION 57-3-150, RELATING TO MULTIPLE AND ANNUAL TRIP PERMITS, SO AS TO REVISE THE FEE FOR SUCH PERMITS; BY ADDING SECTION 23-23-120 SO AS TO DESIGNATE HOW MISCELLANEOUS REVENUE COLLECTED DURING CRIMINAL JUSTICE ACADEMY PROGRAMMING AND RETAINED BY THE CRIMINAL JUSTICE ACADEMY MUST BE EXPENDED; TO AMEND SECTION 20-7-6850, RELATING TO INTERDEPARTMENTAL AGREEMENTS, SO AS TO PROVIDE THAT REVENUE GENERATED FROM SPECIFIED AGENCIES, GRANTS, AND OTHER FUNDING MEASURES MAY BE RETAINED AND EXPENDED BY THE DEPARTMENT OF JUVENILE JUSTICE ACCORDING TO APPLICABLE REGULATIONS; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF A CHILD TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE FOR THE RELEASE OF THE CHILD PRIOR TO THE EXPIRATION OF THE DETERMINATE PERIOD UPON CERTAIN CONDITIONS, AND TO PROVIDE THAT JUVENILES DETAINED IN A TEMPORARY HOLDING FACILITY OR JUVENILE DETENTION CENTER WHO ARE SUBSEQUENTLY COMMITTED SHALL RECEIVE CREDIT TOWARDS THEIR DATE OF RELEASE OR PAROLE DEADLINE FOR TIME SPENT IN SUCH FACILITIES; TO AMEND SECTION 20-7-6855, RELATING TO SPECIAL SCHOOL DISTRICT DESIGNATION FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE AMOUNT OF FUNDS THAT THE DEPARTMENT OF JUVENILE JUSTICE RECEIVES FOR EDUCATION UNDER THE EDUCATION FINANCE ACT MUST TAKE INTO ACCOUNT THE DEPARTMENT'S TWELVE-MONTH CALENDAR AND TWO HUNDRED AND THIRTY FIVE INSTRUCTIONAL DAYS; TO AMEND SECTION 20-7-8005, RELATING TO EXCLUSIVE CARE OF CHILDREN BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A LOCAL GOVERNMENT USING DETENTION SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE MUST PAY A PER DIEM OF FIFTY DOLLARS A DAY PER CHILD, AND TO DESIGNATE THE WAY IN WHICH THESE FUNDS MUST BE EXPENDED; TO AMEND SECTION 27-18-180, RELATING TO REPORT OF UNCLAIMED PROPERTY AND NOTICES TO APPARENT OWNERS, SO AS TO FURTHER PROVIDE FOR THE NOTICE THE STATE TREASURER IS REQUIRED TO PUBLISH; TO AMEND SECTION 11-5-120, RELATING TO THE PUBLICATION OF QUARTERLY STATEMENTS BY THE OFFICE OF STATE TREASURER, SO AS TO REVISE THE WAY IN WHICH THE STATE TREASURER MUST PUBLISH BALANCE INFORMATION; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF FERTILIZER, SO AS TO REVISE THE FEE SCHEDULE FOR REGISTRATION; TO AMEND SECTION 46-25-820, AS AMENDED, RELATING TO REGISTRATION FEES AND INSPECTION TAXES ON CERTAIN PACKAGES OF FERTILIZER, SO AS TO REVISE THE AMOUNT OF THE TAXES AND FEES; TO AMEND SECTION 46-26-50, AS AMENDED, RELATING TO DISTRIBUTORS OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE TO OBTAIN A PERMIT TO BECOME A DISTRIBUTOR; TO AMEND SECTION 46-26-60, AS AMENDED, RELATING TO REGISTRATION OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE FOR REGISTERING SUCH MATERIALS; TO AMEND SECTION 46-13-50, RELATING TO THE LICENSING OF PESTICIDE DEALERS, SO AS TO REVISE THE LICENSE APPLICATION FEE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO REVISE THE APPLICATION FEE FOR A PRIVATE APPLICATOR'S LICENSE AND A PESTICIDE APPLICATOR'S LICENSE; BY ADDING SECTION 46-25-825 SO AS TO PROVIDE FOR THE ANNUAL REGISTRATION OF FERTILIZERS AND APPLICATION AND REGISTRATION FEE PROVISIONS; TO AMEND SECTION 12-10-95, AS AMENDED, RELATING TO CREDIT AGAINST WITHHOLDING FOR RETRAINING, SO AS TO ESTABLISH AN ANNUAL RENEWAL FEE OF FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-10-100, RELATING TO CRITERIA FOR DETERMINATION AND SELECTION OF QUALIFYING ENTITIES AND APPLICATION FEE SCHEDULE, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION 13-1-50, AS AMENDED, RELATING TO THE ANNUAL AUDIT OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERGO A PROCEDURES AUDIT INSTEAD OF HAVING AUDITED FINANCIAL STATEMENTS, AND TO PROVIDE RELATED PROVISIONS FOR THE AUDIT; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE PURPOSE AND USE OF THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE THAT THE COUNCIL MAY RETAIN UP TO FIVE PERCENT OF THE REVENUE RECEIVED FROM THE FUND FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN UNEXPENDED OR UNCOMMITTED FUNDS AND MAY EXPEND THE FUNDS IN SUBSEQUENT FISCAL YEARS; BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT ALL STATE AGENCIES, INSTITUTIONS, COLLEGES, AND UNIVERSITIES MUST REMIT TO THE GENERAL FUND ALL REVENUE OBTAINED FROM THE ALLOWANCE OF PAY TELEPHONES ON PUBLIC PROPERTY, TO DEFINE PUBLIC PROPERTY FOR PURPOSES OF THIS SECTION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 23-1-60, RELATING TO APPOINTMENT, COMPENSATION, REMOVAL, AND TERMS OF CERTAIN LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A VOLUNTARY DEPUTY, CONSTABLE, SECURITY GUARD, OR DETECTIVE MUST BE INCLUDED UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION LAWS ONLY WHILE PERFORMING DUTIES IN CONNECTION WITH HIS APPOINTMENT, AND TO PROVIDE FOR THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS; BY ADDING SECTION 14-1-212 SO AS TO PROVIDE A TWENTY-FIVE DOLLAR SURCHARGE ON PENALTIES IMPOSED IN THE GENERAL SESSIONS, MAGISTRATES, OR MUNICIPAL COURTS FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS, TO PROVIDE A SCHEDULE BY WHICH TO ALLOCATE THESE REVENUES, AND TO ALLOW THE STATE AUDITOR TO EXAMINE THE RECORDS OF ANY JURISDICTION THAT DOES NOT TIMELY TRANSMIT THESE REVENUES; BY ADDING SECTION 6-9-135 SO AS TO PROVIDE THAT COASTAL COUNTIES AND MUNICIPALITIES MAY ADOPT THE PROVISIONS OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; TO AMEND AN ACT OF 2008 BEARING RATIFICATION NUMBER 293, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2008-2009, BY DELETING TWO PARAGRAPHS RELATING TO THE ORGANIZATION AND OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUE OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR SUCH PLATES.

(R403, S. 577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.

(R404, S. 605 (Word version)) -- Senator Grooms: AN ACT TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE; TO AMEND SECTIONS 56-3-3800, 56-3-4100, 56-3-4310, 56-3-4410, 56-3-4800, 56-3-5400, AS AMENDED, 56-3-6000, 56-3-7100, 56-3-7360, 56-3-7780, AS AMENDED, 56-3-7860, 56-3-8000, AS AMENDED, 56-3-8300, AS AMENDED, 56-3-9300, AND 56-3-9500, RELATING TO THE ISSUANCE OF AMERICAN LEGION SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, SHRINERS SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, WORLD WAR II VETERANS SPECIAL LICENSE PLATES, UNITED WE STAND SPECIAL LICENSE PLATES, AND GOD BLESS AMERICA SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THESE LICENSE PLATES TO OWNERS OF MOTORCYCLES REGISTERED IN THEIR NAMES; TO AMEND SECTIONS 56-3-8000 AND 56-3-8100, BOTH AS AMENDED, RELATING TO THE ISSUANCE OF NONPROFIT SPECIAL LICENSE PLATES AND PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY AFTER JANUARY 1, 2006, SO AS TO PROVIDE THAT EACH NEW CLASSIFICATION OF SPECIAL LICENSE PLATE CREATED PURSUANT TO EITHER OF THESE PROVISIONS MUST MEET THE REQUIREMENTS CONTAINED IN BOTH PROVISIONS, TO AMEND SECTION 56-3-8800, AS AMENDED, RELATING TO THE ISSUANCE OF WORLD WAR II SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY BE ISSUED FOR MOTORCYCLES, AND TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO IS ISSUED THIS LICENSE PLATE TO BE ASSESSED A SPECIAL BIENNIAL FEE OF TWENTY DOLLARS IN ADDITION TO THE REGULAR MOTOR VEHICLE REGISTRATION FEE; TO AMEND SECTION 56-1-130, RELATING TO BASIC AND CLASSIFIED DRIVER'S LICENSES THAT ALLOW A LICENSEE TO OPERATE CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER WHOSE LICENSE CONTAINED IN THIS PROVISION IS RESTRICTED FROM OPERATING VEHICLES THAT EXCEED CERTAIN GROSS VEHICLE WEIGHT RATINGS INSTEAD OF GROSS VEHICLE WEIGHTS; TO AMEND SECTIONS 56-3-2540, 56-3-3500, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4600, 56-3-7300, 56-3-7750, AS AMENDED, 56-3-7780, AS AMENDED, 56-3-7910, 56-3-8000, AS AMENDED, 56-3-8600, 56-3-8710, 56-3-9000, 56-3-9100, 56-3-9400, 56-3-9500, 56-3-9600, AS AMENDED, AND SECTION 56-3-9910, RELATING TO "CONSERVE SOUTH CAROLINA" LICENSE PLATES, "PENN CENTER" LICENSE PLATES, "SOUTH CAROLINA ELKS ASSOCIATION" LICENSE PLATES, "CAROLINA PANTHERS" LICENSE PLATES, "SHARE THE ROAD" LICENSE PLATES, "HOMEOWNERSHIP: THE AMERICAN DREAM" LICENSE PLATES, "SALTWATER FISHING" LICENSE PLATES, FRATERNITY AND SORORITY LICENSE PLATES, "VIETNAM VETERANS" LICENSE PLATES, "H. L. HUNLEY SUBMARINE" LICENSE PLATES, TAX EXEMPT ORGANIZATIONS LICENSE PLATES, "DUCKS UNLIMITED" LICENSE PLATES, "NASCAR" LICENSE PLATES, "SERTOMA INTERNATIONAL" LICENSE PLATES, "SOUTH CAROLINA TECHNOLOGY ALLIANCE" LICENSE PLATES, "MORRIS ISLAND LIGHTHOUSE" LICENSE PLATES, "GOD BLESS AMERICA" LICENSE PLATES, "NO MORE HOMELESS PETS" LICENSE PLATES, AND "GOLD STAR FAMILY" LICENSE PLATES, SO AS TO PROVIDE THAT EACH OF THESE LICENSE PLATES MAY BE ISSUED TO OWNERS OF ANY VEHICLE CLASSIFIED AS A PASSENGER MOTOR VEHICLE AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUED COMMERCIAL ADVERTISEMENT BENCH PERMITS.

(R405, S. 669 (Word version)) -- Senator Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT AN INSURER THAT IS RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM; SECTION 43-7-410, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 43-7-420, RELATING TO THE ASSIGNMENT OF RIGHTS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO PROVIDE THAT APPLYING FOR OR RECEIVING MEDICAID BENEFITS CREATES A REBUTTABLE PRESUMPTION THAT THE PERSON WAS INFORMED OF THE ASSIGNMENT OF HIS RIGHT TO THE DEPARTMENT TO RECOVER FROM A THIRD PARTY AMOUNTS PAID BY MEDICAID; TO AMEND SECTION 43-7-430, RELATING TO SUBROGATION TO THE DEPARTMENT OF THE RIGHT TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO DELETE OBSOLETE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF AND SUPERIORITY OF THE DEPARTMENT'S SUBROGATION RIGHTS, SO AS TO DELETE OBSOLETE REFERENCES AND MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-460, AS AMENDED, RELATING TO RECOVERY FROM ESTATES OF MEDICAID RECIPIENTS AMOUNTS PAID FOR SERVICES THROUGH MEDICAID, SO AS TO DELETE OBSOLETE LANGUAGE, MAKE TECHNICAL CORRECTIONS, AND TO REVISE THE DEFINITION OF "IMMEDIATE FAMILY MEMBER" TO INCLUDE GRANDCHILDREN; TO AMEND SECTION 38-79-130, RELATING TO THE POWERS OF SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, INCLUDING THE POWER TO ISSUE MEDICAL MALPRACTICE POLICIES, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE ITS POLICY LIMITS UP TO ONE MILLION DOLLARS PER CLAIM AND THREE MILLION DOLLARS FOR ALL CLAIMS IN ANY ONE YEAR UPON APPROVAL OF THE BOARD; TO AMEND SECTION 38-79-420, AS AMENDED, RELATING TO THE CREATION OF THE PATIENTS' COMPENSATION FUND, INCLUDING PAYMENT OF MEDICAL MALPRACTICE CLAIMS IN EXCESS OF POLICY LIMITS, SO AS TO AUTHORIZE THIS FUND TO ALSO MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; TO AMEND SECTION 38-79-430, RELATING TO THE CREATION OF THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 39-79-480, RELATING TO ACTIONS FOR DAMAGES ARISING OUT OF THE RENDERING OF MEDICAL SERVICES, SO AS TO PROVIDE THAT THE PATIENTS' COMPENSATION FUND ALSO MAY MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; AND TO AMEND SECTION 38-29-40, RELATING TO INSURANCE POLICIES, ANNUITY CONTRACTS, AND OTHER CONTRACTS TO WHICH THIS CHAPTER, THE "SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION", DOES OR DOES NOT APPLY, SO AS TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO POLICIES OR CONTRACTS TO THE EXTENT THAT REQUIRED ASSESSMENTS OF MEMBERS OF THE ASSOCIATION ARE PREEMPTED BY FEDERAL OR STATE LAW.

(R406, S. 987 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-21-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT AND THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS; TO AMEND SECTION 50-21-130, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; TO AMEND SECTION 50-21-175, 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, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; TO REPEAL SECTIONS 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; AND TO AMEND SECTION 23-28-100, AS AMENDED, RELATING TO UNIFORMS AND EQUIPMENT OF RESERVE POLICE OFFICERS, SO AS TO PROVIDE THAT, IN THE DISCRETION OF THE CHIEF, A RESERVE OFFICER MAY WEAR PLAIN CLOTHES OR ANOTHER UNIFORM THAT IS CONSISTENT WITH HIS DUTIES.

(R407, S. 1131 (Word version)) -- Senator Thomas: AN ACT 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, 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 DELETE LIMITED LINE CREDIT INSURANCE AS A LINE OF INSURANCE WHICH AN INSURANCE PRODUCER MAY RECEIVE QUALIFICATION FOR A LICENSE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAYMENT OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 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; BY ADDING SECTION 38-73-1097 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTIONS 38-73-1095(C) AND 38-75-755 DO NOT APPLY UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.

(R408, S. 1376 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R409, H. 3033 (Word version)) -- Reps. Clemmons, Mahaffey and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.

(R410, H. 3094 (Word version)) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER WHO HAS BEEN CONVICTED OF CERTAIN CRIMES TO RESIDE IN CERTAIN AREAS, TO PROVIDE IF A LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT A SEX OFFENDER HAS VIOLATED THIS PROVISION, THE AGENCY MUST PROVIDE THE SEX OFFENDER WITH A LIST OF AREAS IN WHICH HE IS NOT PERMITTED TO RESIDE AND THAT HE MUST VACATE HIS RESIDENCE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE WHOSE PENALTIES EXCEED OR ARE LESS LENIENT THAN THE PENALTIES CONTAINED IN THIS SECTION, TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE CERTAIN INFORMATION REGARDING SEX OFFENDERS OR THE SEX OFFENDER REGISTRY TO THE PARENTS OR GUARDIANS OF ITS STUDENTS OR ON THE SCHOOL DISTRICT'S WEB SITE, TO PROVIDE THAT LOCAL LAW ENFORCEMENT AGENCIES MUST DETERMINE WHETHER EACH SCHOOL DISTRICT COMPLIES WITH THIS PROVISION, AND TO PROVIDE A PENALTY FOR SCHOOL DISTRICTS THAT FAIL TO COMPLY WITH THIS PROVISION; AND AMEND SECTION 23-3-470, RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER AS A SEX OFFENDER, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE VIOLATION OF THIS PROVISION.

(R411, H. 3212 (Word version)) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS BY A RESIDENT OF A RECIPROCAL STATE MUST BE HONORED IF THE RECIPROCAL STATE REQUIRES A CRIMINAL BACKGROUND CHECK AND A FIREARM TRAINING AND SAFETY COURSE AND TO DELETE THE REQUIREMENT THAT SLED DETERMINE WHICH STATES MEET THIS STANDARD.

(R412, H. 3309 (Word version)) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-415 SO AS TO PROHIBIT THE PAYMENT, IMPOSITION, OR COLLECTION OF A FRANCHISE FEE WITH RESPECT TO ELECTRICAL POWER PROVIDED TO THE STATE BY A UTILITY UNDER THE "STATELINE ACCOUNTS" AND TO REQUIRE A UTILITY TO EXCLUDE SALES REVENUE ACCRUED FROM "STATELINE ACCOUNTS" WHEN CALCULATING A FRANCHISE FEE OWED TO A MUNICIPALITY.

(R413, H. 3575 (Word version)) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.

(R414, H. 3623 (Word version)) -- Rep. Thompson: AN ACT 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 SECTION 23-28-20, AS AMENDED, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE A TECHNICAL CHANGE; 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 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"; TO AMEND SECTION 23-23-10, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO DELETE THE TERM "LAW ENFORCEMENT TRAINING COUNCIL" AND REPLACE IT WITH THE TERM "CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-23-20, RELATING TO THE PURPOSE OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES; TO AMENDED SECTION 23-23-80, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY, SO AS TO DELETE THE TERM "DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL"; TO AMEND SECTION 23-3-540, AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE DEFINITION OF THE TERM "ACTIVE ELECTRONIC MONITORING DEVICE"; TO AMEND SECTION 23-3-430, RELATING TO THE ESTABLISHMENT OF THE STATE'S SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER WHO RECEIVES A PARDON FOR AN OFFENSE WHICH REQUIRED HIM TO REGISTER AS AN OFFENDER, OR FILES A PETITION FOR HABEAS CORPUS OR A MOTION FOR A NEW TRIAL MUST REGISTER ANNUALLY FOR THE REMAINDER OF HIS LIFE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-11-110, RELATING TO A SHERIFF'S QUALIFICATIONS, SO AS TO DELETE A REFERENCE TO SECTION 23-6-400(D)(1) AND REPLACE IT WITH A REFERENCE TO SECTION 23-23-60; TO AMEND SECTION 16-3-655, AS AMENDED, RELATING TO THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE; TO AMEND SECTION 23-23-90, RELATING TO REPORTS, DOCUMENTS, STATEMENTS, AND OTHER COMMUNICATIONS MADE OR DELIVERED PURSUANT TO THE ADMINISTRATION OF CERTAIN DUTIES OF THE LAW ENFORCEMENT TRAINING COUNCIL AND THE CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THESE REPORTS, DOCUMENTS, STATEMENTS, AND COMMUNICATIONS MUST NOT BE THE SUBJECT OF OR BASIS FOR ANY ACTION, AND TO REVISE THE LIST OF PARTIES WHOSE COMMUNICATIONS ARE PROTECTED BY THIS PROVISION; AND TO AMEND SECTION 23-3-540, AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO DELETE THE PROVISION THAT ALLOWS CERTAIN INFORMATION GATHERED BY A PROBATION AGENT PURSUANT TO HIS DUTIES AS A COMMUNITY CONTROL CENTER TO BE ADMISSIBLE IN A CRIMINAL PROSECUTION.

(R415, H. 3798 (Word version)) -- Rep. G.R. Smith: AN ACT TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO AUTHORIZE THE CHIEF OR SPIRITUAL LEADER OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO PERFORM MARRIAGE CEREMONIES.

(R416, H. 3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.

(R417, H. 3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION 38-59-25 SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.

(R418, H. 4320 (Word version)) -- Reps. Whipper, Clyburn, R. Brown and Hosey: AN ACT 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; BY ADDING SECTION 59-63-35 SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF TITLE 59.

(R419, H. 4344 (Word version)) -- Reps. M.A. Pitts and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.

(R420, H. 4511 (Word version)) -- Rep. Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-187 SO AS TO ENACT "TYLER'S LAW", TO PROVIDE A CIVIL PENALTY FOR A PARENT OR GUARDIAN WHO KNOWINGLY AND WILFULLY PERMITS HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A LEARNER'S PERMIT OR IN VIOLATION OF PERMIT RESTRICTIONS, TO PROVIDE RELATED ENFORCEMENT PROCEDURES, EXEMPTIONS, AND LIMITS ON ADMISSIBILITY OF A FINE IMPOSED UNDER THIS SECTION FOR CERTAIN OTHER PURPOSES; AND TO REPEAL SECTION 56-1-1750, RELATING TO A PHOTOGRAPH OF AN APPLICANT FOR A MOPED DRIVER'S LICENSE.

(R421, H. 4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION.

(R422, H. 4745 (Word version)) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS AND TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT; AND TO ADD SECTION 6-21-185 SO AS TO PROVIDE FOR A SPECIAL PURPOSE DISTRICT TO GIVE A MORTGAGE TO SECURE A BOND OR LOAN UNDER SPECIFIC CIRCUMSTANCES.

(R423, H. 4747 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 4 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

(R424, H. 4754 (Word version)) -- Reps. G.R. Smith and Hamilton: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY, THE GOVERNING BODY OF THE COUNTY, AND THE LEGISLATIVE DELEGATION OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES.

(R425, H. 4867 (Word version)) -- Reps. Cato, Harrell, Haley and Viers: AN ACT TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO ENGAGE IN THE PRACTICE OF ACCOUNTANCY, TO RENDER CERTAIN ACCOUNTING SERVICES, AND TO USE CERTAIN ACCOUNTANCY TITLES, SO AS TO PROVIDE THAT OUT-OF-STATE LICENSEES WHO QUALIFY FOR A PRACTICE PRIVILEGE AND OUT-OF-STATE FIRMS THAT MEET CERTAIN REQUIREMENTS MAY ALSO RENDER SPECIFIED ACCOUNTING SERVICES AND USE CERTAIN TITLES WITHOUT BEING LICENSED OR REGISTERED IN THIS STATE; TO AMEND SECTION 40-2-35, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO REQUIRE ONE YEAR, RATHER THAN TWO YEARS, OF ACCOUNTING EXPERIENCE; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN ACCOUNTING SERVICES WITHOUT BEING REGISTERED; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN OUT-OF-STATE LICENSEE TO OBTAIN ACCOUNTANCY PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.

(R426, H. 4899 (Word version)) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2010.

(R427, H. 4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".

(R428, H. 4953 (Word version)) -- Reps. Cooper, Harrell and Bingham: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 5012 (Word version), R. 398, for the same reason I vetoed H. 3632, R. 217, earlier this year and S. 910, R. 356, in 2006. In both of those cases, the vetoes were sustained, and I've taken the liberty of including my reasoning once again this time in hopes that this veto will once again be sustained for what would now be a third time.

Although this bill is well intentioned, I am vetoing it because I still believe wherever possible government should resist the urge to place mandates on private business. This bill mandates that a licensed nurse must be clearly identified by wearing an identification badge at least one inch by three inches in size. The only difference between this bill and the two bills already vetoed is that this one allows the badge can bear either the nurse's first or last name, or both and title.

Government mandates on the private sector have a cost. As just stated, we believe only in the event of an overwhelming societal need should we use the force of government to compel private action. In 2005, I reluctantly allowed a bill to go into law (Lewis Blackman Hospital Safety Act) that mandated ID tags for certain medical personnel in hospitals. I did so because the bill's proponents made a compelling case that patients and their families needed to be able to immediately identify the various medical personnel during emergencies in public hospitals.

This bill, by contrast, requires more than 58,000 nurses statewide to wear an ID tag, even though many nurses operate in non-emergency settings. In fact, a sizeable proportion of these nurses work almost exclusively in private practices, and many people in these settings have longstanding relationships with their caregivers. In such places, the public utility of a name tag is negligible, and in those settings, we believe name tag arrangements should be decided not by government mandates - but by patient demand in the nursing marketplace. We believe that a demand by patients and their families can be met by individual nurses and nursing businesses, and that all of these parties are capable of figuring the appropriate times and venues in which to wear an appropriately sized name tag.

In our view, a wiser course is to leave these regulations to professional organizations such as the South Carolina Medical Association or the South Carolina Nurses' Association. However valuable name tags may or may not be in specific situations, we simply believe it is not Columbia's place to impose them.

For these reasons, I am returning H. 5012, R. 398, without my signature.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 4982 (Word version), R. 395.

This bill sets and appropriates millage for educational purposes in Dillon County. I did not sign this bill because it only furthers what we consider to be a flawed and bizarre governance model over Dillon County Schools.

In simple terms, let me explain how the current process shreds the notion of Home Rule, and the idea of allowing working people to have a voice in how their local schools are run. Rather than do as every other county in the state does, and having a local board decide local school funding - in this county, one person is the proverbial "king" of funding. The board is chosen by the House member from Dillon County and the two Senators who represent, but do not reside in Dillon County. To further highlight the bizarre nature of the governance, the appointing authority is also the head football coach and athletic director at Dillon High School - giving him power over the people who employ him and set his salary.

Earlier this year, I vetoed H. 4844 which changed the terms of a referendum that had already been approved by the Dillon County voters. It came as no surprise that the veto was overridden in the House by a 1-0 vote as only the bill's sponsor was expected to vote.

It defies logic that the state legislative process should be used to perform functions that are routinely handled by the local citizenry in 45 other counties around the state. Even when the voters are granted input, their wishes are overruled by legislative fiat - as evidenced in the case of H. 4844. We have long advocated for some uniformity in structure and governance of school boards to provide greater accountability and transparency to the communities they serve. However, we hold Dillon County out as the single greatest example of the need for such a reform.

In the specific case of Dillon County, we believe the time has come for Columbia to let go of the control it exercises over the school district. While the General Assembly does play a very important role in education - both in policy and funding - it should be at a statewide level. With Dillon County schools, the members of the Board of Education are appointed by the legislative delegation and school taxes are set by legislation.

For the reasons stated above, I am vetoing H. 4982, R. 395.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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 signature H. 4815, R. 392.

H. 4815 (Word version) transfers the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism. Even though I have vetoed this bill, the transfer will still take place as a result of S. 1171, which I have allowed to become law without my signature. We believe that the film incentive program in its current form, unfortunately, has a negative effect on the state's economy and does not produce the return that taxpayers should see. Consequently, we write to encourage reform.

Let me begin by saying that we have long been advocates of growing the film industry in South Carolina. It needs to be remembered that this Administration was an initial proponent of film incentive legislation based on our shared belief with others in the General Assembly that a piece of something is better than all of nothing. Given what was happening in other states, we felt we needed to enact film incentives that increased our competitiveness with not only other states - but also other countries - in recruiting films to South Carolina. We have unsurpassed opportunity to be a major player in the film industry given our diverse physical geography. Outside of Southern California there is essentially no other place in the United States where you can go from the mountains to the coast in such a short time. Also, in some cases, our weaknesses in South Carolina give us a competitive advantage over other states because of the way impoverished areas of our state can provide a backdrop for films set in the past. These areas can be reinvigorated with a film crew coming to town and providing significant economic impact without producing some of the wastes or requiring some of the infrastructure demands associated with many other industries.

For these and other reasons, we have supported growing the film industry in our state, but this support needs to be provided in a way that, at the end of the day, produces a positive rate of return for the taxpayer. This bill does not do so in two ways.

First, S. 1171 and H. 4815 provide only superficial change to the system by moving it from the Department of Commerce to the Department of Parks, Recreation and Tourism. This type of cosmetic change of simply moving a program from one agency to another does nothing to improve a program's performance for the taxpayers of this state.

Second, S. 1171 and H. 4815 continue the current practice of being too generous in providing wage rebates for out-of-state workers rather than focusing on jobs for South Carolinians. A recent study conducted by economist Frank Hefner of the College of Charleston for the South Carolina Coordinating Council for Economic Development shows that providing the current incentives results in a loss of $0.81 to the state's general revenue for every dollar invested. No one I have talked to believes it makes sense to continue a system that loses $0.81 for every dollar invested. We believe that directing wage rebates to South Carolina residents who obtain film-related jobs will have a more significant and longer lasting economic impact for the state and, consequently, the state's taxpayers.

We ask that the General Assembly consider ways to improve the film incentives program, and we support several senators' call for hearings to be held this summer to study the effectiveness of the program. Accordingly, it makes sense to wait on this bill's passage until after these hearings take place. In the meantime, we encourage the General Assembly to review Mr. Hefner's study to ensure that we make the most out of our economic incentive dollars.

For these reasons, I am vetoing H. 4815, R. 392.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 4773 (Word version), R. 390, a bill that grants the Employee Security Commission (ESC) permission to expend $8.6 million in federal funds for capital improvement projects and technology upgrades at offices around the state.

The bulk of the $8.6 million is going to fund a new ESC office in Spartanburg County, in addition to supplementing existing funds to begin construction on an ESC office in Dorchester County. Instead of putting millions of dollars toward brick and mortar, we believe the money should be put toward desperately needed and long overdue technology upgrades.

Imagine this: a mill worker who has just been laid off in Spartanburg walks into a sparkling new $5 million building and instead of inputting his information into a computer, he has to hand write his personal information multiple times on several different applications, as is currently the case. We should focus on bringing the existing antiquated system into the 21st century as other states like Virginia have done.

The old-fashioned database at ESC has been an issue for years, and we believe it is past time to get on board with a modern-day approach to keeping records. While we applaud the fact that $750,000 of the requested funds would go to create automated payment systems for specific ESC programs and for technology upgrades for the Employment and Training and Administrative Divisions, we think this process is happening too slow.

Furthermore, it is not financially fair or responsible for the taxpayers of this state to fund dozens upon dozens of staff positions to maintain a hand-written system of record-keeping. Within this bill, $1.3 million would be spent on administrative funding for the Unemployment Insurance program. While much of these requested funds are due to federal budget cuts, we still believe that resources and staff positions could be consolidated by upgrading to an automated payment system.   This Administration believes that ESC's priority should be bringing its database up to today's technological standards, which would improve customer satisfaction and make for a more efficient system to connect employers with the unemployed. The current system has separate databases for Unemployment Insurance, for a job database, and for aptitude assessments provided by the Department of Commerce. Not having a central, consolidated database causes issues with records being incomplete or unmatched from one database to another. The longer we drag our feet on this, the longer it will take for the unemployed to truly get the help that they need.
For these reasons, I am vetoing and returning without my approval H. 4773, R. 390.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 4743 (Word version), R. 386.

H. 4743 contains two separate and unrelated provisions. The first provision expands the definition of redevelopment projects that can be funded through tax increment financing (TIF) to include affordable housing projects. The second provision allows rural water districts to provide sewer service within their respective boundaries.

We view this bill in the same way we view the underlying law, as an encroachment on property rights. The Founding Fathers believed that at the core government should protect life and
liberty - and that one of the foremost keys to protecting liberty rested in protecting the physical manifestation of one's accumulated efforts as a fee man - property. We believe that condemnation rights are one of the most awesome powers of any government and should be used sparingly, if at all. As a result of the TIF law passed three years ago, there have been efforts to erode property rights in Aiken County. Therefore, accordingly, we veto this bill on several grounds, all tied to the larger theme of individual property rights - and its close association to the freedoms that make the American system special.

First, we are vetoing H. 4743 because we believe that the TIF portion of the bill threatens individual property rights. On June 1, 2005, we vetoed S. 97, a bill that amended the TIF Law by expanding the types of "blighted" property that could be subject to redevelopment through TIF. Our veto was based on the concern that S. 97 would empower local governments to use their powers of eminent domain to condemn private property that could be used for infrastructure to encourage private redevelopment. Unfortunately, the General Assembly overrode that veto and enacted legislation that, in our view, diminishes property rights.

H. 4743 continues the degradation of property rights by expanding the purposes for which local governments can undertake redevelopment projects using TIF. Expanding the type of projects that can be funded through TIF will only encourage local governments to undertake more redevelopment projects. In many cases, this may require local governments to condemn and take property that is needed for the redevelopment, despite the interests and rights of property owners. While we believe that providing affordable housing is often a laudable goal for government, we do not think that government should be subverting individual property rights to accomplish this goal.

Second, we are vetoing H. 4743 because it perpetuates and expands the domain of special purpose districts. Last year, we vetoed H. 3115 which allowed special purpose districts to finance the construction of lateral sewer collection lines, because the advent of home rule and the growth of county and municipal governments have rendered special purpose districts unnecessary. As we explained in that letter, special purposes districts create multiple layers of government that increase costs and reduce accountability.

H. 4743 further multiplies the inefficiency of government and reduces accountability by providing one more governmental entity the power to provide sewer services. If this legislation is enacted, then four governmental entities - counties, municipalities, special purpose districts, and rural water districts - could provide sewer services. This level of duplication is completely unnecessary because counties are very well equipped to provide sewer services to the areas served by rural water districts. At a time when South Carolinians spend roughly 130 percent of the national average on government, we should be looking for ways to increase government efficiency rather than duplicating government services as this bill does.

Third, we are vetoing this bill because the provisions of H. 4743 dealing with rural water districts are unrelated to the TIF provisions in the bill and were only added on the floor of the Senate just days before this bill was ratified. As we explained last year in our veto message regarding the Nursing Initiative Act, the South Carolina Constitution requires that legislation pertain to one subject and not include unrelated items. This bill is a classic example of unconstitutional bobtailing because the unrelated rural water district provisions of this bill were added as an 11th hour attempt to circumvent the legislative process at the end of the legislative session. This legislation is unconstitutional and will surely invite a legal challenge, thereby further increasing the costs of government by forcing the state to incur legal bills.

For these reasons, we are vetoing H. 4743, R. 386.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 4470 (Word version), R. 385. H. 4470 gives local governments the option of providing a property tax credit to property owners who install fire sprinklers equal to 25 percent of the cost of installation. This bill also creates a matching 25 percent state income tax credit for fire sprinkler installation costs when the local government implements the property tax credit.

While we applaud the bill's intent to reduce fire deaths and damage, it should come as no surprise that we are vetoing this legislation since this Administration has been clear to members of the House and Senate in correspondence throughout this legislative session regarding its position regarding fire sprinklers and tax subsidies. In correspondence dated February 13th of this year, we outlined this Administration's reluctance to support a fire sprinkler tax credit that was so large as to essentially amount to a near total taxpayer subsidy.

The tax consequences of this bill is smaller than the one originally proposed, and, in that regard, we give the General Assembly credit; however, it still creates a taxpayer-funded subsidy of 50 percent of the total cost of installation incurred by property owners who install fire sprinklers. It has been our position that taxpayers should represent the minority of investment in additions to a privately held concern like a hotel, restaurant or warehouse and, as just mentioned, this bill would involve the taxpayer joining as an equal partner.

Public investing at this level may well bring with it several unintended consequences. First, things get more expensive when someone else is picking up the tab. If the costs are largely paid by a third party as they are in this proposal, competitive pricing becomes a secondary concern and, in this regard, taxpayers suffer.

Second, we fear that the discriminatory nature of this legislation makes it constitutionally suspect. The South Carolina Constitution and the Fourteenth Amendment of the United States Constitution requires that no person "be denied equal protection of the laws." H. 4470 potentially denies the citizens equal protection because it does not make the income tax credit available to all South Carolina citizens. Some in legal circles have argued it makes no sense to make a distinction as to who is entitled to a tax credit based on the actions of their local government. In this sense, this legislation is similar to the property tax exemption that was struck down by the United States Supreme Court in Hooper v. Bernalillo County Assessor because the exemption was not provided on an equal basis.

For these reasons, we are vetoing H. 4470, R. 385.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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. 4339 (Word version), R. 382, which allows National Guard members who joined after June 30, 1993, and have reached the age of 60 and have 20 years of service to receive a monthly pension.

Let me begin by saying that we sincerely respect and appreciate the service of all National Guard members. However, we believe that given the long-term financial uncertainty that our state faces, especially in regard to $20 billion of unfunded promises to retirees in retirement benefits and health insurance, we should not be providing a permanent, recurring obligation for this pension plan as this bill does.

The FY 2007-08 budget included a temporary proviso that allowed for the pension payments provided in H. 4339 and provided $3.9 million in funding for these payments. This year's budget removed the proviso but continued funding in the amount $4 million. H. 4339 will remove the temporary nature of this pension system and will require annually recurring funding of approximately $4 million for the next 28 years based on the actuarial estimates.

As well intended as this proposal is, every soldier lives by the notion of doing first things first, and, accordingly, we believe that the state needs to begin paying off its future unfunded liabilities of $27 billion in retiree and health insurance benefits before it creates another retirement benefit. If the annual $4 million appropriation anticipated over the next 28 years for National Guard pension payments under this bill was dedicated to the retirement reserves, we would be taking a small but meaningful step toward paying down the retirement system's unfunded liabilities. Instead, we are creating another burden on the next generation of taxpayers, many of whom may be soldiers, with a new pension system. We continue to believe that we should not be saddling our children with debts we cannot afford. I have struggled over this bill given my real admiration for members of the Guard, but part of the value system of the Guard is tied to the notion of Honor. Accordingly, I believe we must first honor our existing obligations, indeed, before creating new ones.

For these reasons, I am vetoing H. 4339, R. 382.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 11, 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 vetoing and returning without my approval H. 3993 (Word version), R. 378. This bill designates opening day of the annual major league baseball season each year as "Historic Baseball Leagues Day in South Carolina."

While we appreciate the intent of "Historic Baseball Leagues Day in South Carolina" in reminding each of us of the greatness of what many believe to be indeed America's greatest sport, the value of sports - and even the subtle pleasure of sharing a hot dog in the stands with a loved one, in signing H. 4731, the "Juneteenth Celebration of Freedom Day" earlier this year, we suggested that a moratorium on further "special days" legislation might be appropriate at this time. Just as with hot dogs while in the stands, you can have too much of a good thing.

I offered two reasons. First, by establishing so many days, we dilute the value of the intended recognition. Second, we already have a concurrent resolution process by which members of the public can request the General Assembly to recognize certain days, weeks, or months for special purposes. In the vast majority of cases, it is simply unnecessary to raise these designations to the level of state law.

South Carolina state law currently recognizes 18 "special days," such as "Frances Willard Day," "General Pulaski's Memorial Day," and "POW/MIA Recognition Day," just to name a few. During my time in office, I have signed a number of other "special days" bills - including "Francis Marion Day," "Airborne Heritage Day," and "Fibromyalgia Awareness Day."

We believe the concurrent resolution process would be the more proper channel through which to recognize historic baseball leagues. For this reason, I have vetoed H. 3993, R. 378.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 16, 2008
The Honorable Robert W. Harrell, Jr.
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29201

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 3812 (Word version), R. 416.

This bill grants two additional exceptions to the current cap imposed on local governments' ability to increase millage. First, this bill grants an exception for local governments to raise millage for the purpose of purchasing residential development rights of undeveloped property near a U.S. military base if the property is determined by the local government to be an undesirable encroachment upon the military base. Second, this bill grants an exception for one county - Chesterfield County - to increase millage to purchase capital equipment for the county.

We recognize the value of the exception created in this bill to lessen encroachment on military bases in our State, especially in a city like Sumter that relies on Shaw Air Force as a local economic driver. It is a gross understatement to say that the economic fortunes of the Sumter area very much rest on Shaw Air Force base. As an Administration, we have worked to keep Shaw as a part of the Sumter community, and we will continue to do so. In 2004, we worked with the Military Base Task Force on legislation that would ensure that military bases have a voice in local zoning around the base. H. 3812 allows for the cap to be lifted by the county council in an effort to preserve land around the base. Our bias in this Administration is toward home rule. However, in the case of tax increases, we have always asked that a referendum process be used to give the taxpayers maximum input into the taxes they pay. In this case, given the magnitude of Shaw's impact to the Sumter region we would support bringing back legislation that allowed for the cap to be lifted if that change were approved by local voters rather than limiting this decision to County Council.

The reason we ultimately are vetoing this bill, and my primary objection to H. 3812, lies in the fact that it leads us down a very slippery slope of piercing holes in the limitation on local governments' taxing power. In 1997, the General Assembly, in its wisdom, passed a law to limit local governments' taxing power except in four instances - to pay for expenses incurred as a result of natural disasters, a deficit, a judicial order, and the Education Finance Act requirements.

In 2006, a new exception was carved out to deal with implications of the Property Tax Relief Act. Ultimately, we agree with the General Assembly's original intent to limit the tax burden at the local level, and we believe this legislation undermines their good intentions. As legitimate as the needs are for grading equipment in Chesterfield County, or land around Shaw to protect from encroachment - they also represent a 40 percent increase in the number of exemptions that have traditionally limited local governments' taxing authority. Exemptions have a tendency of growing exponentially as those with a good cause point to an existing exemption and ask, "if they could be exempted, why can't we?"

For these reasons, I am vetoing H. 3812, R. 416.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 16, 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. 4950 (Word version), R. 427.

This bill clarifies the definition of a textile mill in order to qualify for incentives included in the South Carolina Textiles Communities Revitalization Act of 2004.

We are vetoing this bill because it has almost identical language as contained in S. 1171 - a bill that became law on June 12, 2008, thus making H. 4950 redundant.

We also believe, for the record, that the slight difference favored in the earlier bill represents a more responsible approach with regard to incentives. This bill clarifies that incentives can only be approved if a building has last been used as an operating textile mill. This provision would prevent the practice of "double dipping" whereby the same building could receive incentive money over and over just because it had once been a textile mill. This would subvert the original purpose of the legislation, which is to encourage the development of abandoned mills and thus improve the physical appearance of surrounding areas. We believe that without the provisions placed in S. 1171, the original spirit of the Act could and would be abused.

For these reasons, I am vetoing H. 4950, R. 427.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following Veto printed in the Journal:

June 16, 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. 3912 (Word version), R. 417.

This bill revises several provisions of the Physician Practice Act. Although the majority of the bill serves as a clean up to the statute, I have concerns about sections six and seven. These two sections, which were added the last day of session, state "determination of medical necessity of a decision affecting the diagnosis and/or treatment of a patient is not the practice of medicine."

First, our administration has always respected the relationship between a physician and patient and believes that the act of determining medical necessity falls within the practice of medicine. No one can professionally determine what treatment a patient needs without having a license to practice medicine. The physician must establish a medical record, examine the patient, make a diagnosis and document the rationale for treatment.

However, this bill steps between the physician and patient relationship. By stating that the determination of medical necessity is not the practice of medicine, this bill allows insurance company medical directors to tell a physician what treatments patients should have - even with no direct connection to or responsibility for the care of the patient. Additionally, this bill offers no public protection by not requiring a medical director to be licensed to practice medicine in our state and subject to our laws.

Secondly, while patients continue to be faced with ever increasing health insurance costs, a health insurer has a direct financial conflict of interest with regard to the review process - especially in favor of denial of payment. By continuing to deny an ordered medical procedure as "not deemed medically necessary," or "experimental," the insurance company rations health care and undermines the trust placed in physicians by the public.

For these reasons, I am returning H. 3912, R. 417, without my signature.

Sincerely,
Mark Sanford