.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

In the writings of the prophet, Ezekiel, we read:

"A new heart I will give you, and a new spirit I will put within you..."     (Ezekiel 36:26a)
  Let us pray:
  Holy God, here on this day when many people reflect upon love and life, we find ourselves struggling here in this Senate to meet the needs of the residents of this State. We pray that You will be with the leaders of this Body as these Senators strive in varying ways to mold a new spirit of hope and promise, as they seek to make whole those things that might be broken, as they struggle to move South Carolina forward. Fill their hearts with a new spirit of determination and resolve, all to Your glory. In Your name we pray, Lord.
Amen.

In the Journal of Wednesday, February 13, 2008, the following Amendment should have been reflected as having been adopted in order to conform some conflicting Code sections in S. 392.

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)

Senators RITCHIE and CROMER proposed the following Amendment (392), which was adopted:

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

/   SECTION   1.   This act may be cited as the "South Carolina Illegal Immigration Reform Act".

SECTION   2.   Section 1-31-40(A) of the 1976 Code is amended to read:

"(A)   The commission shall:

(1)   provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;

(2)   work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;

(3)   provide for publication of a statewide statistical abstract on minority affairs;

(4)   provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;

(5)   provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community;

(6)   determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;

(7)   establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;

(8)   act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;

(9)   seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;

(10)   promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and

(11)   establish and maintain a twenty-four hour toll free telephone number and electronic website in accordance with Section 8-30-10; and

(11)(12)   perform other duties necessary to implement programs."

SECTION   3.   Title 8 of the 1976 Code is amended by adding:

Section 8-14-10.   (A)   As used in this article, the term:

(1)   'Contractor' means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars.

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

(3)   'End product' means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.

(4)   'Federal work authorization program' means the E-Verify Program or one of the electronic verification of work authorization programs operated by the United States Department of Homeland Security, or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, or an electronic verification of work authorization program operated by a private entity and approved by the Attorney General.

(5)   'Public employer' means every department, agency, or instrumentality of the State or a political subdivision of the State.

(6)   'Service contract' means a contract that involves the physical performance of manual labor, if the total cost of such labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price. The term does not include:

(a)   a contract with a public employer, other than a political subdivision, with a total value of less than twenty-five thousand dollars, or a contract with a political subdivision with a total value of less than fifteen thousand dollars;

(b)   a contract primarily for the acquisition of an end product; and

(c)   a contract that is predominantly for the performance of professional or consultant services.

(7)   'Subcontractor' means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor.

(8)   'Sub-subcontractor' means any person having a services contract with a subcontractor.

(9)   'Private employer' means any person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person, and any person for whom an individual performs a service, of whatever nature, as an employee, as defined in Section 12-8-10.

Section 8-14-20.   (A)   On or after January 1, 2009, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(B)   A public employer may not enter into a services contract with a contractor for the physical performance of services within this State unless the contractor agrees:

(1)   to register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or

(2)   to employ only workers who:

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

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or

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

(C)   A public employer and contractor must not divide work or duties that would otherwise constitute a single service contract into separate contracts for the purpose of avoiding the requirements of this chapter.

(D)   Subsection (B) applies as follows:

(1)   on and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees;

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

(3)   on and after January 1, 2010, with respect to all other contractors, subcontractors or sub-subcontractors.

(E)   Private employers shall comply with the provisions of Chapter 8, Title 41.

Section 8-14-30.   The provisions of this article are enforceable without regard to race, religion, gender, ethnicity, or national origin. Section 11-35-4210 provides the exclusive remedy for violations of this article for any contract governed by Title 11, Chapter 35. A pre-award protest process appearing in a procurement ordinance adopted by a political subdivision pursuant to Section 11-35-50 or Section 11-35-70 provides the exclusive remedy for violations of this article for any contract governed by that procurement ordinance.

Section 8-14-40.   A public employer complies with this article if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of this article and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of this article to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with this article by the contractor and any subcontractor or sub-subcontractor. A public employer need not audit or independently verify a contractor's compliance with this article.

Section 8-14-50.   A contractor or public employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 8-14-60.   A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 8-14-70.   A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article.

Section 8-14-80.   Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations deemed necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

SECTION   4.   Title 8 of the 1976 Code is amended by adding:

Section 8-28-10.   (A)   The chief of the South Carolina Law Enforcement Division is authorized and directed to negotiate the terms of a memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, training, and investigations in the State of South Carolina to enhance cooperation and communication between federal and state law enforcement agencies in the area of immigration enforcement.

(B)   The memorandum of understanding negotiated pursuant to subsection (A) of this section shall be signed on behalf of the State by the chief of the South Carolina Law Enforcement Division and the Governor, or as otherwise required by the appropriate federal agency.

(C)   The chief of the South Carolina Law Enforcement Division shall designate appropriate law enforcement officers to be trained pursuant to the memorandum of understanding provided for in subsections (A) and (B) of this section. The training may be funded pursuant to the federal Homeland Security Appropriations Act of 2006, or any other source of funding. The provisions of this section become effective upon the securing of this funding.

(D)   The director of the South Carolina Department of Corrections, the sheriff of any county, and the governing body of any municipality that maintains a paid police department may enter into the memorandum of understanding between the State of South Carolina and the United States Department of Justice or Department of Homeland Security as a party, and, subject to the availability of funds provided for in subsection (C) of this section, provide corrections officers and local law enforcement officers for training in accordance with the memorandum of understanding.

(E)   A law enforcement officer certified as trained in accordance with the memorandum of understanding as provided in this section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties."

SECTION   5.   Title 8 of the 1976 Code is amended by adding:

Section 8-29-10.   (A)   Except as provided in subsection (C) of this section or where exempted by federal law, on or after July 1, 2008, every agency or political subdivision of this State shall verify the lawful presence in the United States of any natural person eighteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that are administered by an agency or a political subdivision of this State.

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

(C)   Verification of lawful presence pursuant to the provisions of this article is not required for:

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

(2)   assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in the Social Security Act (42 U.S.C. 1396 et seq.), of the person involved and are not related to an organ transplant procedure;

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

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

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

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

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

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

(6)   for prenatal care;

(7)   for postsecondary education, whereby the Department of Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including, but not limited to, public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623; or

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

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

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

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

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

(F)   A person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to this section shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both. In addition, a person convicted pursuant to this section must disgorge any benefit received or make restitution, or both, to the agency or political subdivision of this State that administered the benefit or entitlement program. It shall constitute a separate violation of this section each time a person receives a public benefit based on such a statement or representation. A conviction and fine charged pursuant to this section shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers an ascertainable loss of money or property, real or personal, as a result of the actions of anyone convicted of a violation of this subsection may bring an action, individually, or in a representative capacity, to recover actual damages. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary and proper. Upon a finding by the court of a violation, the court shall award to the person bringing the action under this section reasonable attorney's fees and costs.

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

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

(I)   It shall be unlawful for any agency or a political subdivision of this State to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this section.

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

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

(L)   A local government may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this article."

SECTION   6.   Title 8 of the 1976 Code is amended by adding:

Section 8-30-10.   (A)   The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of any laws or regulations by any non-United States citizen or immigrant, and allegations of violations of any laws or regulations against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.

(B)   The executive director, or a designee, shall establish and maintain a centralized tracking database consisting of all information received through the twenty-four hour toll free telephone number and electronic website, and shall report all alleged violations to the appropriate law enforcement, administrative, executive, or regulatory agency or political subdivision having law enforcement or regulatory control over the subject matter.

Section 8-30-20.   The executive director is authorized to hire personnel necessary to carry out the duties prescribed in Section 8-30-10. The General Assembly shall provide for the funds in the annual appropriations act."

SECTION   7.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-1175.   (A)   As used in this section, the term:

(1)   'Authorized employee' means any individual authorized for employment in the United States as defined in the Immigration Reform and Control Act of 1986.

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

(B)   On or after January 1, 2009, no wages or remuneration for labor services to an individual of six hundred dollars or more per annum may be claimed and allowed as a deductible business expense for state income tax purposes by a taxpayer unless such individual is an authorized employee. The provisions of this subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(C)   This section shall not apply to a business domiciled in this State that is exempt from compliance with federal employment verification procedures under federal law that makes the employment of unauthorized persons unlawful.

(D)   This section shall not apply to an individual hired by the taxpayer prior to January 1, 2009.

(E)   This section shall not apply to a taxpayer where the individual being paid is not directly compensated or employed by said taxpayer.

(F)   This section shall not apply to wages or remuneration paid for labor services to any individual who: (1) holds and presents to the taxpayer a valid license or identification card issued by the South Carolina Department of Motor Vehicles; (2) is eligible to obtain a South Carolina driver's license or identification card in that he meets the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or (3) possesses a valid driver's license or identification card from another state where the license requirements are as strict or stricter than those in South Carolina, as determined by the Attorney General.

(G)   No taxpayer shall be held liable for failing to comply with the provisions of this section if, based on a reasonable investigation of the individual, the taxpayer did not know or should not have known that the individual was not an authorized employee. For purposes of this subsection, a taxpayer shall be deemed to have conducted a reasonable investigation if the individual met the requirements of subsection (F), and the information provided by the individual to the taxpayer was facially correct.

(H)   The director of the South Carolina Department of Revenue is authorized to prescribe forms and promulgate regulations deemed necessary in order to administer and effectuate this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(I)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION   8.   Chapter 8, Title 12 of the 1976 Code is amended by adding:

"Section 12-8-595.   (A)   A withholding agent, as defined in Section 12-8-10, shall withhold state income tax at the rate of seven percent of the amount of compensation paid to an individual that is reported on Form 1099 and with respect to which the individual has:

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

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

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

(B)   A withholding agent who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless the withholding agent is exempt from federal withholding with respect to the individual pursuant to a properly filed Internal Revenue Service Form 8233 and has provided a copy of the form to the commissioner.

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

(D)   The executive director of the South Carolina Employment Security Commission shall send written notice of this section to all South Carolina employers no later than July 1, 2008."

SECTION   9.   Article 5, Chapter 9, Title 16 of the 1976 Code is amended by adding:

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

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

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

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

(E)   Subsections (A) and (B) do not apply to programs, services, or assistance including soup kitchens, crisis counseling and intervention; churches or other religious institutions that are recognized as a 501(c)(3) organizations by the Internal Revenue Service; and short-term shelters specified by the United States Attorney General, in the United States Attorney General's sole discretion after consultation with appropriate federal agencies and departments, which:

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

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

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

SECTION   10.   Chapter 13, Title 16 of the 1976 Code is amended by adding:

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

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

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

(D)(1)   It is unlawful for a person to display, cause or permit to be displayed, or have in his possession a false, fictitious, fraudulent, or counterfeit green card or other document including, but not limited to, a driver's license or social security card for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law.

(2)   A person who violates the provisions of this section:

(a)   for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days; and

(b)   for a second offense or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years.

(E)   A violation of the provisions of this section is considered a separate criminal offense and does not preclude prosecution for perjury pursuant to Section 16-9-10 in addition to prosecution pursuant to the provisions of this section."

SECTION   11.   Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-1100.   (A)   If a person is charged with a criminal offense and is confined for any period in a jail of the State, county, or municipality, or a jail operated by a regional jail authority, a reasonable effort shall be made to determine whether the confined person is lawfully present in the United States.

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

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

(D)   Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider the lawful presence in the United States of the person charged.

(E)   The State Law Enforcement Division shall promulgate regulations to comply with the provisions of this section in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws."

SECTION   12.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-30.   (A)   There is a civil right of action for wrongful termination against an employer who discharges an employee authorized to work in the United States for the purpose of replacing that employee with a person the employer knows or should reasonably know is not lawfully present and authorized to work in the United States.

(B)   An aggrieved employee must show:

(a)   the replacement occurred within sixty days of the date of the employee's termination, and

(b)   the replacement worker was not authorized to work in the United States at the time of the replacement; and

(c)   the employer knew or reasonably should have known of the replacement worker's status; and

(d)   the replacement worker filled duties and responsibilities the employee vacated.

(C)   This section does not create an employment contract for either a public or private employer.

(D)   An employee who brings a civil suit pursuant to this section is limited to the following recovery:

(1)   reinstatement to his former position; and

(2)   actual damages, to include lost wages.

(E)   There is a rebuttable presumption that the employer did not wrongfully terminate an employee if the employer demonstrates compliance with the provisions of Section 8-14-20.

(F)   Any cause of action arising pursuant to this section is equitable in nature and must be brought within one year of the date of the alleged violation.

(G)   For any action brought pursuant to this section, the court may award attorney fees to the prevailing party."

SECTION   13.   Title 40 of the 1976 Code is amended by adding:

Section 40-83-10.   This act shall be cited as the 'Registration of Immigration Assistance Service Act'.

Section 40-83-20.   As used in this chapter, the term:

(A)   'Compensation' means money, property, services, promise of payment, or anything else of value.

(B)   'Director' means the Director of the South Carolina Department of Labor, Licensing and Regulation, or his designee.

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

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

(E)   'Immigration matter' means a proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under:

(1)   immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(2)   action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice.

Section 43-83-30.   (A)   A person who provides or offers to provide immigration assistance service shall perform only the following services:

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

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

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

(4)   securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;

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

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

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

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

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

(10)   conducting English language and civics courses; and

(11)   performing such other services that the director determines by rule may be appropriately performed by such persons in light of the purposes of this chapter.

(B)   The following persons are exempt from this chapter:

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

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

(3)   a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a), to include, but not be limited to, religious, charitable, social service, or similar organizations, and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(C)   Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal law.

(D)   A person performing such services shall obtain a license from the director and as may be required by a local governing authority.

(E)   A person who provides or offers immigration assistance service and is not exempted under this chapter shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least twelve inches by seventeen inches and shall contain the following statement:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

(F)   Each person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, must include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous font size, if in writing, and shall state:

'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.'

If an advertisement is by radio or television, the statement may be modified but must include substantially the same information.

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

(H)   A person engaged in providing immigration services who is not exempted under this chapter must not do any of the following:

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

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

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

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

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

(I)   Violations of this chapter may result in a civil penalty of up to one thousand dollars per violation and the revocation of the business license of the immigration assistance service. A fine charged pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal penalties to include disgorgement and restitution.

(J)   Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or anyone who aids or abets a person in knowingly and willfully making a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter, or who solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed as part of the provision of immigration assistance services in an immigration matter pursuant to this chapter shall be guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. In addition, a person convicted of this subsection must disgorge any benefit received or make restitution, or both, to the agency or political subdivision that administered the benefit or entitlement program. It shall constitute a separate violation of this subsection each time a person knowingly and willfully makes, aids, or abets in the making of, or solicits or conspires to make a false, fictitious, or fraudulent statement or representation in any document prepared or executed pursuant to this subsection. A criminal charge pursuant to this chapter shall not preempt or preclude additional appropriate civil or criminal charges or penalties. A person who suffers any ascertainable loss of money or property, real or personal, as a result of a conviction or plea to a violation of this subsection may bring an action individually, or in a representative capacity, to recover actual damages from any person convicted of the violation of this subsection. If the court finds that a violation has been established, the court shall award three times the actual damages sustained and may provide such other relief as it considers necessary or proper. Upon the finding by the court of a violation, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

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

(L)   The director shall promulgate regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

(M)   This chapter shall not apply to anyone employed by or working for an educational institution who is registered as a designated school official with the SEVIS program, or a successor program, operated by the United States Department of Homeland Security."

SECTION   14.   Section 14-7-1630(A), as amended by Act 82 of 2007, is further amended to read:

"Section 14-7-1630.   (A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)   a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)   a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(4)   a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(5)   a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)   involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)   appears to be intended to:

(i)     intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occurs primarily within the territorial jurisdiction of this State;

(6)   a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;

(7)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16 or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity; and

(8)   a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal under federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section.;

(9)   a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding a person's lawful presence in the United States, as defined in Section 8-29-10, if the number of violations exceeds twenty, or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)   a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars; and

(11)   a crime involving the knowing and willful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined in Section 40-83-30, if the number of violations exceeds twenty, or if the benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars."

SECTION   15.   Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.   (A)   It is unlawful for a person who is not lawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

(B)   If a person is not lawfully present in the United States, it is unlawful to sell, offer to sell, deliver, lease, rent, barter, exchange, or transport into this State a firearm to that person knowingly or in reckless disregard of the fact that the person is not lawfully present in the United States.

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

(D)   A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."

SECTION   16.   Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:

"Section 17-15-30.   (A)   In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:

(1)   family ties,;

(2)   employment,;

(3)   financial resources,;

(4)   character and mental condition,;

(5)   the length of his residence in the community,;

(6)   his record of convictions,; and

(7)   his record of flight to avoid prosecution or failure to appear at other court proceedings.

(B)   The court shall consider:

(1)   the accused's criminal record, if any. The court shall consider, if available,;

(2)   all incident reports generated as a result of the offense charged, if available; and

(3)   whether the accused is not lawfully present in the United Sta tes in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration, and poses a substantial flight risk due to this status."

SECTION   17.   Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-430.   (A)   A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified.

(B)   A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."

SECTION   18.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-170.   (A)   For purposes of this section, 'political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

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

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

(D)   A city, county, municipality, or other local government or political subdivision may not enact any ordinance, regulation, or other legislation pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal law or that is in conflict with state law. An enactment found to be in conflict with federal or state law is void."

SECTION   19.   Title 41 of the 1976 Code is amended by adding:

Section 41-8-10.   (A)   On and after July 1, 2009, all private employers of one hundred or more employees must:

(1)   register and participate in the federal work authorization program to verify information of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification of information of all new employees; or

(2)   timely and properly complete both the employer and employee portions of the federal Form I-9 documents on each employee, and maintain those documents in accordance with federal law; or

(3)   employ only workers who:

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

(b)   are eligible to obtain a South Carolina driver's license or identification card in that they meet the requirements set forth in S.C. Code Ann. Section 56-1-40 through 56-1-90; or

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

(B)   The provisions of subsection (A) apply to all private employers of less than one hundred employees on and after January 1, 2010.

(C)   The Employment Security Commission may provide private employers with technical advice and electronic access to the federal work authorization program's website for the sole purpose of registering and participating in the program.

Section 41-8-20.   The provisions of this chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin.

Section 41-8-30.   A private employer shall not knowingly or intentionally employ a person who is not lawfully present in the United States.

Section 41-8-40.   A private employer who in good faith complies with the requirements of this article may not be sanctioned or subjected to any civil or administrative action for employing an individual not authorized for employment in the United States.

Section 41-8-60.   A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.

Section 41-8-70.   A local government must not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce the provisions of this chapter.

Section 41-8-80.   Except as otherwise provided in this section, the director shall prescribe all forms and promulgate regulations deemed necessary for the application of this article to contracts or agreements and may publish these regulations on the Budget and Control Board's website in accordance with the provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws.

Section 41-8-90.   Nothing in this chapter shall be construed to abrogate a private employer's obligation to comply with federal immigration law, to include the proper completing and maintaining of federal Employee Eligibility Verification Forms I-9."

SECTION   20.   All requirements of this act concerning immigration or the classification of immigration status must be construed in conformity with federal immigration law.

SECTION   21.   If any subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Section 19 is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the Section, the General Assembly hereby declaring that it would have passed this act, and each and every subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   22.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact t hat any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   23.   This act takes effect upon approval by the Governor.       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The Bill was ordered returned to the House, as amended.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Senator LEATHERMAN introduced Dr. Conyers O' Bryan, Jr. of Florence, S.C., Doctor of the Day.

The following co-sponsors were added to the respective Bills:
S. 732 (Word version)       Sen. Ford
S. 967 (Word version)       Sen. Ford
S. 1018 (Word version)     Sen. Matthews
S. 1072 (Word version)     Sens. Fair, Alexander

The following were introduced:

S. 1103 (Word version) -- Senator Malloy: A SENATE RESOLUTION IN RECOGNITION AND APPRECIATION OF THE TREMENDOUS TALENT AND WORK OF ARTIST JONATHAN GREEN AND THANKING HIM FOR HIS POWERFUL INSPIRATION TO INDIVIDUALS AND COMMUNITIES THROUGHOUT THE STATE OF SOUTH CAROLINA, THE UNITED STATES, AND THE WORLD.
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The Senate Resolution was adopted.

S. 1104 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1105 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III AND SECTION 7, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST SPECIAL LAWS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ENACT SPECIAL LAWS IF THOSE LAWS ARE NECESSARY TO IMPLEMENT TRADITIONAL STATE FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, OR CONCERN CERTAIN ACTIONS REGARDING ENTITIES CREATED BY LEGISLATIVE ENACTMENTS PASSED PRIOR TO MARCH 7, 1973, AND PROVIDE FOR A CHANGE IN THE BOUNDARIES OR SERVICE AREA OF THE ENTITY, CHANGE IN THE MEMBERSHIP OR COMPOSITION OF THE BOARD GOVERNING THE ENTITY, DISSOLUTION OF THE ENTITY, OR DEVOLUTION OF ALL POWERS, DUTIES, AND RESPONSIBILITIES THAT AFFECT THE ENTITY UPON THE LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.

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

S. 1107 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3178, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1108 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA BIRTH DEFECTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3151, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1109 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1110 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL ELECTRONIC REPORTING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3149, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1111 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1112 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL AREAS OF THE COASTAL ZONE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1113 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO WEIGHTS AND MEASURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1114 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

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

S. 1116 (Word version) -- Senators Leventis, Land, Anderson, Ford, Hutto, Malloy, Matthews, Williams, Peeler, Short, Ceips, Drummond, Jackson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-315 SO AS TO PROVIDE CIRCUMSTANCES AND CONDITIONS FOR A HIGH SCHOOL DIPLOMA IN REGARD TO EXIT AND END-OF-COURSE EXAMINATIONS FOR STUDENTS WHO ARE DEPENDENTS OF MILITARY PERSONNEL ON ACTIVE DUTY STATUS TRANSFERRED TO SOUTH CAROLINA, IF THE STUDENT ENROLLS IN A SCHOOL OF THIS STATE AFTER THE REQUIRED SOUTH CAROLINA EXIT OR END-OF-COURSE EXAMINATIONS HAVE BEEN GIVEN TO THE OTHER STUDENTS IN THE SAME CLASS.
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Read the first time and referred to the Committee on Education.

S. 1117 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE UNITED STATES ARMED SERVICES VETERANS SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.

S. 1118 (Word version) -- Senators Leventis and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO COLLECT AND PUBLISH INFORMATION, BY COUNTY, ON THE NUMBER OF ELECTORS WHO VOTE A STRAIGHT PARTY TICKET.
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Read the first time and referred to the Committee on Judiciary.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3140 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.

Ordered for consideration tomorrow.

S. 1101 (Word version) -- Senators Ryberg and Massey: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008 AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.

Returned with concurrence.

Received as information.

S. 1102 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE BILL COTTY FOR HIS YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF DISTRICT NUMBER 79 IN KERSHAW AND RICHLAND COUNTIES, AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

H. 4630 (Word version) -- Reps. Scott and Hart: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE'S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANG-RELATED ACTIVITY IN THE STATE.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 524 (Word version) -- Senators Leatherman and Campsen: A BILL TO AMEND SECTION 6-1-760 OF THE 1976 CODE, RELATING TO REVENUE BONDS, TO PROVIDE THAT THE PROCEEDS OF ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY.

By prior motion of Senator LAND, with unanimous consent

S. 1075 (Word version) -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.

S. 1092 (Word version) -- Senator Short: A BILL TO AMEND ARTICLE 17, CHAPTER 23, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-23-835, TO PROVIDE THAT THE MANAGEMENT OF THE MEDIAN AND ROADSIDE VEGETATION ON INTERSTATE HIGHWAY 77 AT EXIT 65 IN CHESTER COUNTY IS DEVOLVED UPON THE CHESTER COUNTY GOVERNING AUTHORITY.

By prior motion of Senator SHORT, with unanimous consent

The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 970 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.

H. 4598 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO GASOLINE, LUBRICATING OILS AND OTHER PETROLEUM PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1099 (Word version) -- Senators Martin, Ford, Ritchie, Malloy, Cromer, Ceips and Setzler: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO REVIEW THE CRIMINAL DOMESTIC VIOLENCE LAWS OF THE STATE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING ANY PROPOSED CHANGES, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 2009, AT WHICH TIME THE STUDY COMMITTEE MUST BE DISSOLVED.

By prior motion of Senator MARTIN, with unanimous consent

S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The Committee on Medical Affairs proposed the following amendment (S-1005 AMENDMENT), which was adopted:

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

/   SECTION   1.   Section 44-43-20 of the 1976 Code, as last amended by Act 334 of 2006, is further amended to read:

"Section 44-43-20.   It is lawful for a person seventeen years old or older to donate his blood without the consent of his parents or guardian. However, it is unlawful for a person under the age of eighteen years to sell his blood without the consent of a parent or guardian. (A)   A person may lawfully donate blood if he is:

(1)   at least seventeen years of age; or

(2)   sixteen years of age and has the written consent of his parent or guardian.

(B)   A person under eighteen years of age may not sell blood."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator LOURIE, with unanimous consent, S. 1005 was ordered to receive a third reading on Friday, February 15, 2007.

S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.

On motion of Senator HUTTO, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)

Senator MARTIN moved to make the Bill a Special Order.

The Bill was made a Special Order.

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

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 398 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-480 SO AS TO CREATE THE CRIME OF ENGAGING IN THE BUSINESS OF DEFERRED PRESENTMENT IN THIS STATE, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY; AND TO REPEAL CHAPTER 39 OF TITLE 34 RELATING TO THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator HAYES spoke on the Bill.

Senator MARTIN asked unanimous consent to make a motion to take up Amendment No. 2 for immediate consideration.

There was no objection.

Senators RITCHIE, HAYES, LAND, McCONNELL, O'DELL, REESE, FORD, JACKSON, CLEARY, CEIPS, MARTIN, BRYANT, McGILL, FORD, CAMPBELL, SHORT, and DRUMMOND proposed the following amendment (398R005.JHR):

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

SECTION   1.   Chapter 39 of Title 34 is amended by adding:

"Section 34-39-175.   (A)   The Consumer Finance Division of the Board of Financial Institutions shall implement a common database with real-time access through an internet connection for deferred presentment providers, as provided in this subsection. The board is authorized to enter into a contract with a single source private vendor to develop and operate the database. The database must be accessible to the board and the deferred presentment providers to verify if deferred presentment transactions are outstanding for a particular person. Deferred presentment providers shall submit that data before entering into a deferred presentment transaction and once a deferred presentment transaction has been paid in full, in a format the board requires by rule including the drawer's name, social security number or employment authorization alien number, address, driver's license number, amount of the transaction, date of transaction, the date that the transaction is closed, and additional information required by the board. The board may impose a fee not to exceed one dollar for each transaction for data required to be submitted by a licensee. A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database. The board may adopt rules to administer and enforce the provisions of this section and to ensure that the database is used by licensees in accordance with this section.

(B)   The information provided in the database is limited for the use in determining if a customer is eligible or ineligible to enter into a new deferred presentment transaction and to describe the reason for the determination of eligibility or ineligibility."

SECTION   2.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

"Section 34-39-270.   (A)   A licensee may not enter into a deferred presentment transaction with a person:

(1)   who has one or more outstanding deferred presentment transactions that are equal to the maximum loan amount permitted by this chapter;

(2)   who has entered into an extended payment play agreement as provided in Section 34-39-280 which has not been paid in full or terminated; or

(3)   sooner than the second business day after the date upon which the person last closed out a deferred presentment transaction with any licensee;

(B)   Before entering into a deferred presentment transaction with a person, a licensee shall verify whether the person is eligible to enter into the transaction by inquiring of the person, checking the licensee's records, and accessing the deferred presentment transaction database established pursuant to subsection (C).

(C)   The board shall contract with a single third party database provider to establish and operate a deferred presentment transaction database for the purpose of verifying whether a person is eligible to enter into a deferred presentment transaction. The board shall supervise the establishment and operation of the database and shall ensure that the database provider establishes and operates the database pursuant to the provisions of this section. The board shall have full access to the database and all records related to the database for purposes of supervising the establishment and operation of the database. If the database provider violates a provision of this section, the board shall terminate the contract. The database must have real-time access through an internet connection and be accessible at all times to the board and licensees. The database provider shall establish and maintain a process for responding to transaction verification requests when technical difficulties prevent the licensee from accessing the database through the internet including, but not limited to, verification by telephone. The database must be set up so as to notify the board if a licensee or a person enters into a transaction in violation of the provisions of this section.

(D)   To conduct an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, a licensee shall submit to the database provider such information as the board may require. The response to an inquiry to the database provider by a licensee must state only that a person is eligible or ineligible to enter into a transaction and describe the reason for that determination. The person seeking to enter into the transaction may make a direct inquiry to the database provider to request a more detailed explanation of the basis for the database provider's determination that the person is ineligible to enter into the transaction.

(E)   A licensee shall notify the database provider immediately when the licensee enters into a deferred presentment transaction with a person. The licensee shall submit to the database provider such information as the board requires. When the transaction is closed, the licensee shall designate the transaction as closed and immediately notify the database provider. When the database provider receives notification that the transaction is closed, the database provider immediately shall designate the transaction as closed in the database.

(F)   A licensee shall notify a person seeking to enter into a deferred presentment transaction that the licensee shall access the database to verify whether the person is eligible to enter into a transaction. The licensee also shall notify the person that information related to a new transaction must be entered into the database.

(G)   The database provider may charge a database verification fee to a licensee for an inquiry as to whether a person is eligible to enter into a deferred presentment transaction, if that transaction is consummated by the licensee. The fee must be established by the board and may not exceed the actual cost of verifying a person's eligibility. A licensee may charge a person seeking to enter into a deferred presentment transaction one-half of the actual cost of the verification fee.

(H)   Except as otherwise provided in this section, all personally identifiable information regarding a person contained within or obtained by way of the database is strictly confidential and is exempt from disclosure under the Freedom of Information Act. The database provider and licensees shall use the information collected pursuant to this section only as prescribed in this section and for no other purpose.

(I)   A licensee may rely on the information contained in the database as accurate and is not subject to any administrative penalty or civil liability as a result of relying on inaccurate information contained in the database.

Section 34-39-280.   (A)   Subject to the terms and conditions contained in this section, a customer may pay any outstanding deferred presentment transaction by means of an extended payment plan.

(B)   A licensee must enter into a written plan agreement with the customer if the customer, on or before the deferred presentment transaction's due date, requests a plan and signs an amendment to the written agreement that memorializes the plan's terms and must enter the information into the database established in Section 34-29-175 that the customer has an extended payment plan.

(C)   The plan's terms must allow the customer, at no additional cost, to repay the deferred presentment transaction in substantially equal installments over not less than sixty days. Each plan installment must coincide with a date on which the customer receives regular income. The customer may prepay a plan in full at any time without penalty. If the customer fails to pay any plan installment when due, the plan is terminated and the licensee immediately may accelerate and collect the unpaid transaction balance. The licensee may, with each payment under the plan by a customer, provide for the return of the customer's prior held check and require a new check for the remaining balance under the plan.

(D)   A licensee must notify the customer of his plan rights by displaying the following statement, in at least 12-point bold type, on the first page of the written agreement:

'You should use a deferred presentment transaction only for a short-term credit need. If you have a long-term credit need, you should consider a less costly way to borrow money or seek the advice of a nonprofit credit counselor. You may repay this contract through an extended payment plan. If you choose this right, then you must, on or before the date this contract is due, ask for an extended payment plan. You will be asked to sign a new agreement for this extended payment plan. The extended payment plan must let you repay this contract in substantially equal installments over the next sixty days. There will be no additional cost. Each extended payment plan installment must match with a date on which you receive regular income. You may prepay an extended payment plan in full at any time without penalty. If you fail to pay an extended payment plan installment when due, the extended payment plan will end and we may collect immediately the unpaid contract balance.'

Section 34-29-290.   Based upon data provided by the database vendor, the Board of Financial Institutions annually shall report to the General Assembly the following information for loans made in South Carolina in the previous reporting year, specifically the number of:

(1)   loans made in South Carolina by loan amount and the dollar amount of fees collected by loan amount;

(2)   individual borrowers by loan amount and the number of borrowers by the number of times each borrower took out a loan;

(3)   borrowers who chose to pay off their loans through an Extended Payment Plan by loan amount;

(4)   loans that were not paid off in the previous year by loan amount; and

(5)   loans on which the lender submitted the check for collection by loan amount and the number of loans on which the lender took action for collection."

SECTION   2.   Section 34-39-130 of the 1976 Code is amended by adding at the end:

"(C)   A person may not engage in the business of deferred presentment services with a customer residing in this State, whether or not that person has a location in South Carolina, except in accordance with the provisions of this chapter and without having first obtained a license pursuant to this chapter.

(D)(1)   A licensee pursuant to this chapter may not offer, arrange, act as an agent for, or assist a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations including this chapter.

(2)   This prohibition does not apply to the arranger, agent, or assistant to a state or federally chartered bank, thrift, savings association, or credit union if, upon review of the entire circumstances, the state or federally chartered bank, thrift, savings association, or credit union:

(a)   initially advanced the loan proceeds to the customer;

(b)   maintained a preponderant economic interest in the loan after its initiation; and

(c)   developed the deferred deposit transaction product or products on its own without involvement of the licensee.

(3)   If a licensee offers, arranges, acts as an agent for, or assists a state or federally chartered bank, thrift, savings association, or credit union in the making of a deferred deposit transaction and the licensee demonstrates that the standards in item (2)(a), (b), and (c) are met, the licensee must comply with all other provisions of this chapter to the extent that they are not preempted by other federal or state law."

SECTION   3.   Section 34-39-150(C) and (D) of the 1976 Code is amended to read:

"(C)   The application must be accompanied by payment of an application fee of two hundred fifty dollars five hundred dollars and an investigation fee of five hundred dollars. These fees are not refundable or abatable. If the license is granted, however, payment of the application fee satisfies the fee requirement for the first license year or its remainder.

(D)   A license expires annually and may be renewed upon payment of a license fee of two hundred fifty dollars five hundred dollars. The annual license renewal fee for an applicant with more than one location is two hundred fifty five hundred dollars for the first location and fifty one hundred dollars for each additional location. The Board of Financial Institutions shall disburse one-half of the license fees collected to the South Carolina Attorney General's Office to establish and maintain a division to enforce the provisions of this chapter."

SECTION   4.   Section 34-39-160 of the 1976 Code is amended to read:

"To qualify for a license issued pursuant to this chapter, an applicant shall have:

(1)   a minimum net worth, determined in accordance with generally accepted accounting principles, of at least twenty-five one hundred thousand dollars available for the operation of each location; and

(2)   the financial responsibility, character, experience, and general fitness so as to command the confidence of the public and to warrant belief that the business is operated lawfully, honestly, fairly, and efficiently."

SECTION   5.   Section 34-39-180 of the 1976 Code, as added by Act 433 of 1998, is amended to read:

"Section 34-39-180.   (A) A licensee may defer the presentment or deposit of a check. for up to thirty-one days pursuant to the provisions of this section.

(B)(A)   The total amount advanced by all licensees to any customer for deferred presentment or deposit may not exceed the lesser of twenty five percent of the customer's gross income during the term of the loan or five hundred dollars, exclusive of the fees allowed in Section 34-39-180(E). A licensee may not advance to a customer an amount for deferred presentment or deposit which causes this limit to be exceeded by that customer.

(B)   Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee. The written agreement also must contain plain language developed by the board which sufficiently informs the customer regarding the nature of deferred presentment services, the deferred presentment service process, the customer's rights pursuant to this chapter, information to file complaints with the South Carolina Department of Consumer Affairs and the South Carolina Attorney General's Office, and other information the board may require.

(C)   The board shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement with a customer.

(D)   A licensee shall may not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the face amount of the check advanced for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may be is imposed only once for each written agreement.

(E)   A check accepted for deferred presentment or deposit pursuant to this chapter may must not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee shall may not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer. A licensee shall not enter into a deferred presentment agreement with a customer who has entered into an extended payment plan agreement with any licensee as provided in Section 34-39-280.

(F)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall may not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.

(G)   If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty."

SECTION   6.   Section 34-39-200 of the 1976 Code is amended to read:

"Section 34-39-200.   A person required to be licensed pursuant to this chapter may not:

(1)   charge fees in excess of those authorized by this chapter;

(2)   engage in the business of:

(i)     making loans of money or extension of credit;

(ii)   discounting notes, bills of exchange, items, or other evidences of debt; or

(iii)   accepting deposits or bailments of money or items, except as expressly provided by Section 34-39-180;

(3)   use or cause to be published or disseminated advertising communication which contains false, misleading, or deceptive statements or representations;

(4)   conduct business at premises or locations other than locations licensed by the board;

(5)   engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;

(6)   alter or delete the date on a check accepted by the licensee;

(7)   accept an undated check or a check dated on a date other than the date on which the licensee accepts the check;

(8)   require a customer to provide security for the transaction or require the customer to provide a guaranty from another person;

(9)   engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, provided, however except, that a sale of money orders, or postage stamps, and the payment of utility bills with no additional a fee to the customer that does not exceed one percent of the bill being paid, vending machines for food or beverage, facsimile services, Western Union wire transfer or money transmitter services, or rental of postal boxes at rates not higher than allowed by the United States Postal Service is are not the sale sales of goods or services prohibited by this subsection;

(10)   be licensed pursuant to Section 12-21-2720(a)(3) to operate a video poker machine; or

(11)   permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter. ; or

(12)   broker or arrange a deferred presentment transaction on behalf of a third-party lender, unless the transaction complies with the provisions of this chapter and is not preempted by federal law."

SECTION   7.   Chapter 39, Title 34 of the 1976 Code is amended by adding:

"Section 39-34-205.   On-premises advertising by a licensee may not contain false, misleading, or deceptive statements or representations. The board must promulgate regulations necessary to administer and enforce this section."

SECTION   8.   This act takes effect January 1, 2009.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator RITCHIE explained the amendment.

At 12:13 P.M., on motion of Senator RITCHIE, the Senate receded from business not to exceed ten minutes.

At 12:25 P.M., the Senate resumed.

Senator RITCHIE explained the amendment.

On motion of Senator RITCHIE, the Bill was carried over.

Senator MARTIN moved that the Senate revert to the Motion Period.

There was no objection.

THE SENATE REVERTED TO THE MOTION PERIOD

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.

Senator LEATHERMAN moved that the deadline to return the Bill to the Senate Calendar for consideration be extended until Wednesday, March 5, 2008.

There was no objection and the deadline to return the Bill to the Senate Calendar for consideration was extended until Wednesday, March 5, 2008.

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

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

Initial Appointment, Southern Drought Response Committee, with the term to commence March 1, 2006, and to expire March 1, 2010
Public Service Districts:
Oscar P. Black, Sr., 10558 Dorchester Road, Summerville, SC 29484 VICE Steve W. Kinard

Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2004, and to expire March 1, 2008
Agricultural:
Joseph C. Johnson, 900 East Wilson Street, Dillion, SC 29536 VICE James L. McColl

Reappointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Agricultural:
Joseph C. Johnson, 900 East Wilson Street, Dillion, SC 29536

Initial Appointment, South Carolina Mining Council, with the term to commence June 30, 2006, and to expire June 30, 2010
DHEC:
Susan G. Turner, SCDHEC Region 2 EQC 301 University Ridge, Suite 5800, Greenville, SC 29601 VICE Harold S. Snyder

Initial Appointment, Southern Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Commission of Public Works:
Andrew W. Fairey, 821 Robert E. Lee Boulevard, Charleston, SC 29412 VICE John B. Cook

Initial Appointment, South Carolina Mining Council, with the term to commence June 30, 2005, and to expire June 30, 2009
DHEC:
Curtis M. Joyner, 4022 Laurelwood Drive, Charleston, SC 29414 VICE Patrick Walker

Reappointment, Southern Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Soil and Water Conservation Districts:
Marion L. Rizer, 2778 Confederate Highway, Lodge, SC 29082

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

Reappointment, South Carolina State Commission on Higher Education, with the term to commence July 1, 2008, and to expire July 1, 2012
At-Large:
Kenneth B. Wingate, 4936 Hillside Road, Columbia, SC 29206

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2007, and to expire June 30, 2010
At-Large:
Elizabeth Ann Brasington Sowards, 315 Quail Walk Trail, Chapin, SC 29036 VICE Virginia S. Brennan

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2008, and to expire June 30, 2011
At-Large:
Henry Horowitz, 1 Collins Crest Court, Greenville, SC 29601

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2008, and to expire June 30, 2011
At-Large:
Barbara R. Nwokike, Naval Facilities Engineering Command, South East 4130 Faber Place Drive, Suite 202, North Charleston, SC 29405

Having received a favorable report from the Fish, Game and Forestry Committee, the following appointments were confirmed in open session:

Reappointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2008, and to expire July 1, 2012
6th Congressional District:
John P. Evans, 8257 Old State Road, Cameron, SC 29030

Reappointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2008, and to expire July 1, 2012
4th Congressional District:
Norman F. Pulliam, 812 East Main Street, Spartanburg, SC 29302

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

Initial Appointment, South Carolina Commission on Women, with the term to commence October 19, 2006, and to expire October 19, 2010
At-Large:
Lenna F. Neill, 312 Greenview Circle, Greenville, SC 29609 VICE Mary B. Waters

Initial Appointment, Chief of the South Carolina Law Enforcement Division, with the term to commence January 31, 2006, and to expire January 31, 2012
Reginald I. Lloyd, 39 Ole Still Lane, Elgin, SC 29045 VICE Robert M. Stewart, Sr.

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

Initial Appointment, Disciplinary Panel for Massage/Bodywork Therapy, with the term to commence June 30, 2007, and to expire June 30, 2009
Therapist:
Lou F. Hastings, 133 Clearview Circle, Travelers Rest, SC 29690

Initial Appointment, Advisory Panel for Massage/Bodywork Therapy, with the term to commence June 30, 2005, and to expire June 30, 2009
Therapist:
Janet W. Shaw, 802 Pinedale Road, West Columbia, SC 29170 VICE Kim Brewer

Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2006, and to expire July 27, 2009
2nd Congressional District:
Roger B. Whaley, 133 Gregg Parkway, Columbia, SC 29206 VICE Peter Brown

Initial Appointment, South Carolina State Housing Finance, and Development Authority, with the term to commence August 15, 2006, and to expire August 15, 2010
At-Large:
Felicia D. Morant, P. O. Box 290416 1108 Waverly Place Drive, Columbia, SC 29229 VICE Brenda L. Martin

Reappointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2006, and to expire November 27, 2010
LISW:
Jane A. Anker, 155 Jefferson Place, Columbia, SC 29212

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2006, and to expire June 30, 2010
6th Congressional District:
Bryan H. Dowd, BHD Builders, Inc. 1931 Osprey Drive, Florence, SC 29501 VICE John C. Curl

Initial Appointment, South Carolina State Housing Finance, and Development Authority, with the term to commence August 1, 2006, and to expire August 1, 2010
At-Large:
Mary L. Thomas, 321 Merrival Lane, Spartanburg, SC 29301 VICE Charles Small

Reappointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2007, and to expire June 30, 2011
3rd Congressional District:
Tim W. Roberts, 2907 Rambling Path, Anderson, SC 29621

Initial Appointment, South Carolina State Housing Finance, and Development Authority, with the term to commence August 15, 2004, and to expire August 15, 2008
At-Large:
John S. Hill, 140 Aspen Trail, Columbia, SC 29206 VICE Samuel W. Howell

Reappointment, South Carolina State Housing Finance, and Development Authority, with the term to commence August 15, 2008, and to expire August 15, 2012
At-Large:
John S. Hill, 140 Aspen Trail, Columbia, SC 29206

Initial Appointment, Advisory Panel for Massage/Bodywork Therapy, with the term to commence June 30, 2005, and to expire June 30, 2009
Therapist:
Charles V. Strickland, 330 Cabrill Drive, Charleston, SC 29414 VICE April D. O'Shields

Reappointment, Jobs Economic Development Authority, with the term to commence July 27, 2006, and to expire July 27, 2009
5th Congressional District:
C. Hampton Atkins, 1502 Jack White Drive, Rock Hill, SC 29732

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2007, and to expire May 31, 2010
Real Estate Broker:
Ann R. King, 3901 South Breckridge Circle, Florence, SC 29505 VICE Nancy Johnson

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

Reappointment, South Carolina Advisory Council on Aging, with the term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Jean R. Bridges, 1101 Saluda Chase, West Columbia, SC 29169

Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Interested Party:
Pamela J. Farley, 359 Royal Assembly Drive, Charleston, SC 29492 VICE New Seat

Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Pee Dee - Recipient/Donor/Family:
William H. Crosby, Jordon Properties 2913 South Ocean Blvd., Myrtle Beach, SC 29577 VICE George Sawyer, Jr.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2008, and to expire June 30, 2012
2nd Congressional District:
William F. Bishop, 2501 Fairview Road, Leesville, SC 29070 VICE Mary Katherine Bagnal

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2006, and to expire June 1, 2010
Speech-Language Pathologist:
Sarah E. Hamrick, 20 West Tallulah Drive, Greenville, SC 29605 VICE Elizabeth Dove

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with the term to commence June 30, 2008, and to expire June 30, 2012
Audiologist:
Gwendolyn D. Wilson, Ed.D., 2215 Hoffman Dr.Northwest, Orangeburg, SC 29118

Reappointment, South Carolina Mental Health Commission, with the term to commence March 21, 2007, and to expire March 21, 2012
4th Congressional District:
H. Lloyd Howard, Howard Law Firm, P. O. Box 578, Landrum, SC 29356

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2005, and to expire June 30, 2009
3rd Congressional District:
John Michael Powell, 2164 Pickens Highway, West Union, SC 29696 VICE Ronald Forest

On motion of Senators SHEHEEN, SETZLER, LAND, HUTTO, RANKIN, DRUMMOND, SHORT, ANDERSON, ELLIOTT, FORD, JACKSON, LEVENTIS, LOURIE, MALLOY, MATTHEWS, McGILL, PATTERSON, PINCKNEY, REESE and WILLIAMS with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary Atkinson Fields, affectionately known as "Miss Mary", 84, of McBee, S.C., loving widow of Mr. James Payton Fields, beloved mother of Mr. James P. Fields, Jr., former Clerk of the Senate and Attorney to the Judiciary Committee, and devoted grandmother.

At 1:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Thursday, February 14, 2008 at 4:11 P.M.