Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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 Genesis we read:
"And on the seventh day God finished the work that he had done, and he rested on the seventh day from all the work that he had done."
(Genesis 2:2)
Let us pray, please:
Today, O Lord, on this last regular day of the 117th Legislative Session, we lift up to You the many accomplishments of these Senators this year. They have indeed done much-not everything, but much. Soon grant these leaders a measure of rest and renewal, for they deserve it. Equally do we thank You for those who support them in their work. Moreover, we ask You, dear God, to bless all who labor on Your behalf, whatever their job description, wherever they serve: those others who also serve our State government, those in our Armed Forces, those who serve in Washington and in our cities and towns and counties. Bless Your servants, Lord, and give them all your peace. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following entry was incorrectly listed as having received a third reading and being returned to the House. The corrected entry is as follows:
The following Bill 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. 4758 (Word version) -- Reps. Erickson, Bedingfield, Ballentine, Pinson, Bannister, Herbkersman, E.H. Pitts, Sellers, Taylor, Young and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-425 SO AS TO PROVIDE THAT ANY HIGH SCHOOL STUDENT WHO IS THE VICTIM OF PHYSICAL ABUSE, HARASSMENT, OR STALKING BY A CLASSMATE DURING SCHOOL HOURS OR OTHERWISE RESULTING IN A RESTRAINING ORDER BEING GRANTED AGAINST THE CLASSMATE BY A COURT OF COMPETENT JURISDICTION MAY TRANSFER WITH THE CONSENT OF THE STUDENT'S SCHOOL DISTRICT TO ANOTHER HIGH SCHOOL WITHIN OR OUT OF THE DISTRICT, WITHOUT ANY LOSS OF ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES AT THE SCHOOL TO WHICH THE STUDENT TRANSFERS.
At 10:18 A.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
June 5, 2008
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointments listed below:
Respectfully,
Mark C. Sanford
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 15, 2008, and to expire May 15, 2015
2nd Congressional District:
W. Leighton Lord, III, 3628 Devereaux Road, Columbia, SC 29205 VICE Clarence Davis
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2006, and to expire May 19, 2013
6th Congressional District:
Marion H. Newton, 506 West Oakland Avenue, Sumter, SC 29150 VICE J. Calhoun Land IV
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2007, and to expire May 19, 2014
Berkeley:
Peggy H. Pinnell, 1426 Dennis Boulevard, Moncks Corner, SC 29461 VICE Paul G. Campbell
On motion of Senator McCONNELL, the Senate acceded to the Governor's request and the Clerk was directed to return the appointments to the Governor.
The following were received and referred to the appropriate committees for consideration:
Document No. 3214
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Fire Prevention and Life Safety
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3215
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Fire Prevention and Life Safety for Special Occupancies
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3216
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Explosives
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3217
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Portable Fire Extinguishers and Fixed Fire Extinguishing Systems
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3218
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Liquefied Petroleum (LP) Gas
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3219
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Fireworks and Pyrotechnics
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
Document No. 3220
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
SUBJECT: Fire Prevention and Life Safety in Local Detention Facilities
Received by Lieutenant Governor June 5, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 12, 2009
The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 950, R-303.
(R303, S950 (Word version)) -- Senators Hutto and Matthews: AN ACT 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; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
This Bill authorizes the Denmark Technical College Area Commission to enter into a ground lease with a private entity for the purposes of constructing and maintaining a student living facility. I am vetoing the legislation because it is duplicative of the current process already prescribed for private leases.
Under current law, Denmark Technical College can already negotiate this lease agreement and present it to the Budget and Control for approval. The Bill explicitly requires the approval of the Budget and Control Board, consistent with current law. As a result, the legislation in this regard alone makes it duplicative and, accordingly, we veto it because of this administration's belief in the need to avoid redundant lawmaking.
For this reason I am vetoing S. 950, R-303.
Sincerely,
/s/ Mark Sanford
(R303, S950 (Word version)) -- Senators Hutto and Matthews: AN ACT 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; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.303, S. 950 by a vote of 84 to 0:
(R303, S950 (Word version)) -- Senators Hutto and Matthews: AN ACT 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; TO AMEND SECTIONS 59-53-740, 59-117-65, 59-125-130, 59-127-85, 59-130-60, AND 59-133-60, ALL RELATING TO THE AUTHORITY TO ENTER INTO GROUND LEASE AGREEMENTS, SO AS TO PROVIDE THAT TRANSACTIONS ENTERED INTO PURSUANT TO THE RESPECTIVE SECTIONS ARE NOT EXEMPT FROM COMPLIANCE WITH CHAPTER 35 OF TITLE 11; AND BY ADDING SECTION 59-53-290 SO AS TO ALLOW THE AREA COMMISSION OF TRI-COUNTY COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
Speaker of the House
Received as information.
The Honorable André Bauer
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 1022, R-307.
(R307, S1022 (Word version)) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
Last year, I vetoed the same legislation contained in a bill with two other unrelated issues. The majority of this bill is identical to last year's, with the addition of one section that stipulates funds are subject to appropriation by the General Assembly.
While I still believe the "South Carolina Critical Needs Nursing Initiative Act" is well-intentioned, it is also a piecemeal approach to addressing higher education priorities. According to the Office of State Budget, full implementation of this legislation will cost at least $35.9 million - or looked at another way, it would require the Commission on Higher Education to increase its total budget by almost 29 percent. We believe adding this program makes little sense considering today's challenging budgetary environment and the fact that tacking on a new curriculum of this size will likely only prolong our financial problems.
As stated in our last veto message, little has been done to study and ultimately reduce the duplication and overlaps in the higher education system that needlessly consume dollars that could be used to pay for this program. Currently, South Carolina spends the second highest amount on higher education as a percentage of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. Unfortunately, at the same time, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education.
Before heading down the path of adding more programs to our higher education system, we ask the General Assembly to look at ways to reduce duplication and centralize efforts to provide a more affordable education.
For the reasons stated above, I am vetoing S. 1022, R-307, and returning it without my approval.
Sincerely,
/s/ Mark Sanford
(R307, S1022 (Word version)) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
The veto of the Governor was taken up for immediate consideration.
Senator PEELER moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.307, S. 1022 by a vote of 79 to 1:
(R307, S1022 (Word version)) -- Senators Peeler, Setzler, Campbell and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" TO ESTABLISH THE CRITICAL NEEDS NURSING INITIATIVE FUND; TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, TO CREATE NEW FACULTY POSITIONS, TO PROVIDE ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, TO ESTABLISH THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND TO PROVIDE FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES; AND TO PROVIDE THE CHAPTER'S PROVISIONS ARE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.322, H. 3723 by a vote of 77 to 17:
(R322, H3723 (Word version)) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.
Very respectfully,
Speaker of the House
Received as information.
(R322, H3723 (Word version)) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE, SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE, AS DETERMINED BY THE DISTRICT SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE, ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND MAINTAINED, TO PROVIDE THE DISTRICT SHALL DEFINE THE PROGRAM AND THE MANNER IN WHICH IT OPERATES, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WITH RESPECT TO THIS PROGRAM EXCEPT FOR GROSSLY NEGLIGENT ACTS, AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ESTABLISH A STATE CONTRACT FOR THE PROCUREMENT OF AUTOMATED EXTERNAL DEFIBRILLATORS.
The veto of the Governor was taken up for immediate consideration.
Senator HAYES spoke on the veto.
Senator HAYES moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.328, H. 4529 by a vote of 81 to 2:
(R328, H4529 (Word version)) -- Reps. Weeks, Whipper and R. Brown: AN ACT TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE, AND TO DELETE CERTAIN NOTICE PROVISIONS IMPOSED ON THE DEPARTMENT OF CONSUMER AFFAIRS.
Very respectfully,
Speaker of the House
Received as information.
(R328, H4529 (Word version)) -- Reps. Weeks, Whipper and R. Brown: AN ACT TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE, AND TO DELETE CERTAIN NOTICE PROVISIONS IMPOSED ON THE DEPARTMENT OF CONSUMER AFFAIRS.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO spoke on the veto.
Senator HUTTO moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.333, H. 4900 by a vote of 88 to 7:
(R333, H4900 (Word version)) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
Very respectfully,
Speaker of the House
Received as information.
(R333, H4900 (Word version)) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 3, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.319, H. 3028 by a vote of 93 to 2:
(R319, H3028 (Word version)) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.
Very respectfully,
Speaker of the House
Received as information.
(R319, H3028 (Word version)) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO DEFINE "FOOD" OR "FOOD PRODUCT" AND TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THAT A FOOD OR A FOOD PRODUCT IS A PRODUCT OF THE STATE OF SOUTH CAROLINA.
The veto of the Governor was taken up for immediate consideration.
Senator SHEHEEN moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Massey McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
Bryant
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On motion of Senator PEELER, at 11:55 A.M., Senator RITCHIE was granted a leave of absence for today.
The following were introduced:
S. 1452 (Word version) -- Senator O'Dell: A SENATE RESOLUTION TO HONOR THE REVEREND RANDY JACKSON FOR THE COMPLETION OF HIS FIRST YEAR AS PASTOR OF MOUNT CALVARY BAPTIST CHURCH IN ABBEVILLE COUNTY.
l:\council\bills\gm\24319mm08.doc
The Senate Resolution was adopted.
S. 1453 (Word version) -- Senator McGill: A SENATE RESOLUTION TO CONGRATULATE DR. CELESTE A. PRINGLE, GEORGETOWN COUNTY SCHOOL DISTRICT ASSISTANT SUPERINTENDENT FOR LEARNING AND SCHOOL IMPROVEMENT, ON RECEIVING THE PRESTIGIOUS WILLIAM B. HARTLEY ADMINISTRATOR OF THE YEAR AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
l:\council\bills\rm\1525sd08.doc
The Senate Resolution was adopted.
S. 1454 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND CONGRATULATE CAMP BENNETTSVILLE UPON RECEIVING A NATIONAL CHARACTER EDUCATION AWARD.
l:\s-jud\bills\williams\jud0493.km.doc
The Senate Resolution was adopted.
S. 1455 (Word version) -- Senators Rankin, McGill, Elliott and Cleary: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ZANE WILSON, OF HORRY COUNTY, FOR THE ELEVEN YEARS THAT SHE HAS COVERED THE STATEHOUSE FOR THE MYRTLE BEACH SUN NEWS, AND UPON THE OCCASION OF HER RETIREMENT, TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
l:\council\bills\gm\24321ac08.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1456 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE OUTSTANDING COMMUNITY SERVICE OF MR. STACEY GRIFFIN, OF DILLON COUNTY, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN THE YEARS TO COME.
l:\council\bills\rm\1510ac08.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1457 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO REMEMBER THE LIFE OF WYMAN DOUGLAS NETTLES, FORMER MAYOR AND POSTMASTER OF RIDGELAND, AND TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR HIS SERVICE TO THE JASPER COUNTY COMMUNITY.
l:\council\bills\gm\24320ab08.doc
The Senate Resolution was adopted.
S. 1458 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MARQUETTA L. "QUEEN QUET" GOODWINE, AUTHOR, LECTURER, HISTORIAN, AND CHIEFTESS OF THE GULLAH/GEECHEE NATION.
l:\council\bills\rm\1528ahb08.doc
The Senate Resolution was adopted.
H. 5250 (Word version) -- Reps. Allen and F. N. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME LINE ROAD (S-23-807) IN GREENVILLE COUNTY "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DONALD JAMES SAMPSON, ESQUIRE BOULEVARD".
On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.
H. 5274 (Word version) -- Reps. Clemmons, Witherspoon, Edge, Viers and Hardwick: A CONCURRENT RESOLUTION TO CREATE A STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING HOW TO BETTER STRUCTURE AND GOVERN AN AIR TRANSPORT SYSTEM TO BENEFIT THE PUBLIC AND THE GRAND STRAND AREA OF THE STATE AND TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP AND RESPONSIBILITIES.
The Concurrent Resolution was introduced.
Senator RANKIN asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
Senator RANKIN proposed the following Amendment No. 1 (5274R001.LAR), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, by striking lines 38-42, and on page 2, by striking lines 1-42, and inserting:
/ (A) That there is created by the Horry County Legislative Delegation a joint study committee to be known as the "Grand Strand Air Transport Investigative Study Committee", composed of the following fourteen members appointed by the Horry County Legislative Delegation:
(1) four members of the Horry County Council;
(2) two members of the Myrtle Beach City Council;
(3) two members appointed by the Horry County Legislative Delegation, one of whom must be a Senator and one of whom must be a member of the House of Representatives. The two members of the Horry County Legislative Delegation shall serve as chairman and vice-chairman of the committee;
(4) one resident of the City of North Myrtle Beach, who may be an elected official;
(5) one resident of the City of Loris, who may be an elected official;
(6) one resident of the City of Conway, who may be an elected official;
(7) one member appointed of each of the following entities:
(a) the Myrtle Beach Regional Economic Development Corporation;
(b) the Myrtle Beach Golf Holiday; and
(c) the Myrtle Beach Chamber of Commerce; and
(8) one member appointed by the South Carolina Aeronautics Commission.
(B) Committee members serve without compensation.
(C) The committee must submit a report that:
(1) evaluates how best to foster a partnership between the private sector and public sector to accomplish the goals of this act; and
(2) makes recommendations to the Horry County legislative delegation regarding the best form of governance, structure, and operations for a more competitive air transport system in the Grand Strand area and for any necessary legislation to provide for the governance, structure, and operations.
(D) The report must be submitted to all members of the Horry County Legislative Delegation no later than January 15, 2009. /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
The question then was the adoption of the Concurrent Resolution, as amended.
On motion of Senator RANKIN, with unanimous consent, the Concurrent Resolution was adopted, as amended, ordered returned to the House with amendments.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5274 (Word version) -- Reps. Clemmons, Witherspoon, Edge, Viers and Hardwick: A CONCURRENT RESOLUTION TO CREATE A STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING HOW TO BETTER STRUCTURE AND GOVERN AN AIR TRANSPORT SYSTEM TO BENEFIT THE PUBLIC AND THE GRAND STRAND AREA OF THE STATE AND TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4847 (Word version) -- Reps. Cotty, Brady and J.E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, SO AS TO REVISE THESE CONSIDERATIONS; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS IN REGARD TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 50-21-30, RELATING TO THE SCOPE OF CERTAIN PROVISIONS OF LAW RELATING TO THE OPERATION OF VESSELS ON THE WATERS OF THIS STATE, SO AS TO CHANGE CERTAIN REFERENCES AND FURTHER PROVIDE FOR THE SCOPE OF THESE PROVISIONS; BY ADDING SECTION 50-23-10 SO AS TO PROVIDE FOR THE ISSUANCE, TERMS, AND CONDITIONS OF MARINE DEALERS' PERMITS; BY ADDING SECTION 50-23-11 SO AS TO PROVIDE FOR THE USE OF DEALER DEMONSTRATION NUMBERS AND CONDITIONS RELATED TO THEIR USE; TO AMEND SECTION 50-23-20, RELATING TO CERTIFICATES OF TITLE REQUIRED FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER; TO AMEND SECTION 50-23-30, RELATING TO EXEMPTIONS FROM THE TITLING REQUIREMENTS OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR WATERCRAFT AND OTHER DEVICES WHICH ARE NOT REQUIRED TO BE TITLED; BY ADDING SECTION 50-23-55 SO AS TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF TITLE TO A WATERCRAFT OR OUTBOARD MOTOR AND PROVIDE FOR THE MANNER OF THEIR USE AND ISSUANCE; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATIONS FOR A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATIONS; TO AMEND SECTION 50-23-70, RELATING TO AN APPLICATION FOR A WATERCRAFT CERTIFICATE OF TITLE, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A DUPLICATE AND PROVIDE A FEE FOR PROVIDING THE CERTIFICATE AND A DUPLICATE; TO AMEND SECTION 50-23-90, RELATING TO THE CONTENTS OF CERTIFICATES OF TITLE, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 50-23-110, RELATING TO A MANUFACTURER OR IMPORTER'S CERTIFICATE OF ORIGIN, SO AS TO REVISE THE TERM "CERTIFICATE OF ORIGIN" TO "STATEMENT OF ORIGIN" AND FURTHER PROVIDE FOR WHEN THE STATEMENTS OF ORIGIN MUST BE PROVIDED; TO AMEND SECTION 50-23-120, RELATING TO THE ASSIGNMENT AND WARRANTY OF TITLE TO WATERCRAFT OR OUTBOARD MOTORS, SO AS TO REVISE THE TIME WITHIN WHICH A TITLE OR DUPLICATE TITLE MUST BE APPLIED FOR AND TO DELETE CERTAIN PROVISIONS RELATING TO THE RIGHTS AND DUTIES OF A LIENHOLDER; TO AMEND SECTION 50-23-130, RELATING TO TRANSFER OF OWNERSHIP OF A WATERCRAFT ON AN OUTBOARD MOTOR BY OPERATION OF LAW, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS AND OTHER ENCUMBRANCES ON WATERCRAFT, SO AS TO PROVIDE FOR SPECIFIC CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MUST ISSUE A TITLE CLEAR OF A LIEN AND TO REVISE THE TIME IN WHICH A SECURITY INTEREST IS PERFECTED; TO AMEND SECTION 50-23-180, RELATING TO A REPORT OF STOLEN WATERCRAFT AND OUTBOARD MOTORS TO THE DEPARTMENT, SO AS TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE DEPARTMENT IMMEDIATELY OF THE RECOVERY OF ANY STOLEN WATERCRAFT OR OUTBOARD MOTOR AND TO PROVIDE FOR OTHER PROCEDURAL REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS AND OTHER MATTERS RELATING TO THE POSSESSION, OPERATION, OR TRANSFER OF A WATERCRAFT OR AN OUTBOARD MOTOR, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS IN REGARD TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE A REFERENCE; BY ADDING SECTION 50-23-201 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO ATTEMPT TO OBTAIN A CERTIFICATE OF TITLE, CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION OR TO OBTAIN A CERTIFICATE OF TITLE OR CERTIFICATE OF NUMBER OR DECALS BY FRAUD OR MISREPRESENTATION, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE OF WATERCRAFT, SO AS TO REQUIRE CERTAIN NOTICE TO HOLDERS OF A PERFECTED SECURITY INTEREST BEFORE THE WATERCRAFT MAY BE USED OR DISPOSED OF ACCORDING TO LAW; TO AMEND SECTION 50-23-270, RELATING TO WHEN BOAT TITLING PROVISIONS APPLY, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY AND REVISE WHEN CERTAIN PENALTY PROVISIONS APPLY; TO AMEND SECTION 50-23-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN WATERCRAFT PROVISIONS, SO AS TO REVISE A SPECIFIC PENALTY PROVISION; TO AMEND SECTION 50-23-290, RELATING TO CONDITIONAL TITLES, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT MAY ISSUE A CONDITIONAL TITLE; TO AMEND SECTION 50-23-320, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT VESSELS BE NUMBERED, SO AS TO REVISE THE CIRCUMSTANCES WHEN A VESSEL IS NOT REQUIRED TO BE NUMBERED; TO AMEND SECTION 50-23-345, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; TO AMEND SECTION 50-23-370, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED; BY ADDING SECTION 50-23-375 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY A REGISTRATION NUMBER OR VALIDATION DECAL OR AN OUTBOARD MOTOR TITLE DECAL ON ANY WATERCRAFT OR OUTBOARD MOTOR EXCEPT ON THOSE FOR WHICH IT WAS ISSUED; TO AMEND SECTION 50-23-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP, SO AS TO REVISE A REFERENCE; TO AMEND SECTION 50-23-400, RELATING TO NOTICE OF CHANGE OF ADDRESS OF A HOLDER OF A CERTIFICATE OF BOAT NUMBER, SO AS TO REVISE THE TIME WITHIN WHICH THIS NOTICE MUST BE PROVIDED; TO REPEAL SECTION 50-21-35 RELATING TO THE USE OF DEALER DEMONSTRATION NUMBERS FOR WATERCRAFT, SECTION 50-21-60 RELATING TO PERSONNEL, EXPENSES AND SALARIES OF DEPARTMENT EMPLOYEES, SECTIONS 50-23-15, 50-23-40, 50-23-50, 50-23-65, 50-23-100, AND 50-23-160 ALL RELATING TO CERTIFICATES OF TITLE OR MARINE DEALER PERMITS, AND SECTION 50-23-135 RELATING TO NOTICE OF POSSESSION OF AN ABANDONED OR JUNKED WATERCRAFT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5009 (Word version) -- Reps. G.M. Smith, Weeks and Clemmons: A BILL TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 12:05 P.M., Senator MARTIN assumed the Chair.
On motion of Senator PEELER, with unanimous consent, Senator DRUMMOND was escorted to the podium by Senators McCONNELL and LAND upon the occasion of his retirement from the Senate.
Senators PEELER, McCONNELL, LAND, SETZLER, JACKSON, COURSON, RANKIN, SHORT and LEVENTIS addressed the Senate with remarks.
Senator DRUMMOND addressed the Senate.
On behalf of the entire Senate, Senator McCONNELL presented to Senator DRUMMOND a signed framed photograph of the Senate.
On motion of Senator McCONNELL, with unanimous consent, the remarks of Senator PEELER, McCONNELL, LAND, SETZLER, JACKSON, COURSON, RANKIN, SHORT, LEVENTIS and DRUMMOND were ordered printed in the Journal.
At 12:39 P.M., on motion of Senator McCONNELL, the Senate receded from business until 1:00 P.M.
The Senate reassembled at 1:50 P.M. and was called to order by the PRESIDENT Pro Tempore.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
Very respectfully,
Speaker of the House
Received as information.
S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
Senator HUTTO asked unanimous consent to recede in the Senate amendments, ask that proper notation be made on the Bill, and request the House to enroll the Bill for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it the Senate having receded from its amendments on the following Bill and the Bill having been read three times in both houses, it was ordered to be enrolled for ratification.
S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULTS AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
Very respectively,
Speaker of the House
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it the House has receded from its amendments to the following Bill:
H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.
Very respectfully,
Speaker of the House
H. 4899 (Word version) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009.
Ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
asks for a Committee of Conference, and has appointed Reps. Moss, M.A. Pitts and Crawford to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.
Whereupon, Senators RANKIN, MALLOY and LOURIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Clemmons, Crawford and Weeks to the Committee of Conference on the part of the House on:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Senator SHEHEEN explained the Conference Report.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 96 (Word version) -- Senators Sheheen and Fair: TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-4155. (A) As used in this section, 'alcohol without liquid device' means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol without liquid device does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.
(B) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device.
A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of three hundred dollars;
(2) for a second offense, by a fine of seven hundred fifty dollars or imprisonment for not more than six months, or both;
(3) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for not more than two years, or both.
(C) Except as provided in subsection (D) of this section, an alcohol without liquid device must be seized by a law enforcement officer and be taken before any magistrate of the county in which the alcohol without liquid device is seized, the magistrate shall immediately examine it, and if satisfied that it is an alcohol without liquid device, direct that it be destroyed immediately after conviction of the violator.
(D) This section shall not apply to a health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."
SECTION 2. Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"(2) 'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals and that:
(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;
(b) has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and
(c) prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."
SECTION 3. Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection to read:
"( ) For the purpose of this section:
(1) 'Kitchen' means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.
(2) 'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this statute.
(3) 'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Sen. Luke A. Rankin /s/Rep. Alan D. Clemmons /s/Sen. Vincent A. Sheheen /s/Rep. J. David Weeks /s/Sen. Raymond E. Cleary III /s/Rep. Kristopher R Crawford On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE, AND TO PROVIDE PENALTIES AND EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Very respectfully,
Speaker of the House
Received as information.
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
On motion of Senator HUTTO, the Senate insisted upon its amendments to S. 503 and asked for a Committee of Conference.
Whereupon, Senators MARTIN, HUTTO and CAMPSEN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. G. M. Smith, Herbkersman and F. M. Smith to the Committee of Conference on the part of the House on:
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTIONS 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3094 (Word version) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO LIMIT THE LOCATIONS IN WHICH A SEX OFFENDER MAY RESIDE AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3812 (Word version) -- Reps. G.M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3912 (Word version) -- Reps. White and Bales: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4754 (Word version) -- Reps. G.R. Smith and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY AND TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4953 (Word version) -- Reps. Cooper, Harrell and Bingham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
At 2:05 P.M., the PRESIDENT assumed the Chair.
On motion of Senator McCONNELL, with unanimous consent, Senator GREGORY was escorted to the podium.
Senator McCONNELL presented Senator GREGORY with the South Carolina Palmetto Patriot Award.
At 2:06 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 4:15 P.M.
There was no objection and a message was sent to the House accordingly.
S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".
Returned with concurrence.
Received as information.
S. 1383 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH FORK EDISTO RIVER IN ORANGEBURG COUNTY ALONG UNITED STATES HIGHWAY 321 "CARSON BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARSON BRIDGE".
Returned with concurrence.
Received as information.
S. 1439 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS SOUTH OF THE FIVE-MILE MARKER ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY AS A MEMORIAL TO TROOPER FIRST CLASS BRUCE SMALLS, WHO WAS KILLED IN THE LINE OF DUTY ALONG THIS PORTION OF HIGHWAY ON SEPTEMBER 27, 1985.
Returned with concurrence.
Received as information.
S. 1445 (Word version) -- Senators McConnell, Campsen, Cleary and Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME WINGO WAY IN THE TOWN OF MT. PLEASANT FROM HOUSTON NORTHCUTT BOULEVARD TO PATRIOT'S POINT ROAD AS "HARRY HALLMAN BOULEVARD" IN HONOR OF CURRENT MT. PLEASANT MAYOR AND FORMER MEMBER OF THE GENERAL ASSEMBLY, HARRY M. HALLMAN, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC SERVANTS, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS BOULEVARD THAT CONTAIN THE WORDS "HARRY HALLMAN BOULEVARD".
Returned with concurrence.
Received as information.
S. 1448 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 TO ITS INTERSECTION WITH WIX ROAD "DR. RICHARD ALDERMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. RICHARD ALDERMAN ROAD".
Returned with concurrence.
Received as information.
S. 1455 (Word version) -- Senators Rankin, McGill, Elliott and Cleary: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ZANE WILSON, OF HORRY COUNTY, FOR THE ELEVEN YEARS THAT SHE HAS COVERED THE STATEHOUSE FOR THE MYRTLE BEACH SUN NEWS, AND UPON THE OCCASION OF HER RETIREMENT, TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1456 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE OUTSTANDING COMMUNITY SERVICE OF MR. STACEY GRIFFIN, OF DILLON COUNTY, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN THE YEARS TO COME.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill 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:
(R372, H3359 (Word version)) -- Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE, OTHERWISE LAWFUL, THAT IS DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE DUTY TO PROVIDE SPOUSAL SUPPORT THAT WOULD HAVE OTHERWISE EXISTED.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
By prior motion of Senator McCONNELL, with unanimous consent
H. 4344 (Word version) -- Reps. M.A. Pitts and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.
By prior motion of Senator THOMAS, with unanimous consent
H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.
H. 4950 (Word version) -- Rep. Cooper: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO MAKE MISCELLANEOUS CHANGES.
H. 3030 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Spires and Stewart: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-175, SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; AND TO AMEND THE CODE BY ADDING SECTION 6-13-15, SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS.
Senator MALLOY 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 third reading of the Bill.
Senator MALLOY asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.
Senator MALLOY asked unanimous consent to take up Amendment No. 2 for immediate consideration.
Senators McCONNELL and MALLOY proposed the following Amendment No. 2 (JUD3030.021), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
TO ADD SECTION 23-3-615, PROVIDING DEFINITIONS FOR DNA SAMPLE, DNA PROFILE, AND DNA RECORD; TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST, COURTESY SUMMONS, OR DIRECT INDICTMENT FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES AND TO INCREASE FINES AND IMPRISONMENT TERMS FOR WRONGFUL DISCLOSURE OF DNA INFORMATION; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION, AND TO REQUIRE NOTIFICATION TO THE PERSON OF THESE REMEDIES; TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST; AND TO AMEND SECTION 23-3-640, RELATING TO DISPOSITION OF DNA SAMPLES SO AS TO PROVIDE THAT ONCE THE DNA PROFILE IS PLACED INTO THE DNA DATABASE, SLED MUST IMMEDIATELY DESTROY THE DNA SAMPLE.
Whereas, DNA evidence has been called the "fingerprint of the 21st century"; and
Whereas, all fifty states and the federal government now collect DNA samples from convicted offenders; and
Whereas, the federal government now collects DNA samples from persons arrested for violating a federal offense; and
Whereas, the more samples a DNA database contains, the more crimes are solved; and
Whereas, a study from the Chicago Mayor's Office demonstrated that if eight offenders had submitted DNA samples when first arrested for a felony offense, sixty violent crimes, including thirty rapes and twenty-two murders, could have been prevented; and
Whereas, a study from Virginia, which began collecting DNA samples from arrestees in 2003, shows that more than 222 crimes have been solved using the DNA samples from arrestees; and
Whereas, there has been no report of a state or federal agency using the DNA information obtained from arrestees for any other purposes other than those allowed by law. Now, therefore,
The South Carolina Senate Criminal Justice System Task Force finds that the South Carolina laws on DNA sampling and collection must be changed to accommodate new technologies and strategies that convict the guilty and exonerate the innocent.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. This SECTION may be cited as the "South Carolina Protection from Violence Against Women and Children Act".
B. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-615. As used in this article:
(A) 'DNA sample' means the tissue, saliva, blood, or any other bodily fluid taken at the time of arrest from which identifiable information can be obtained;
(B) 'DNA profile' means the results of any testing performed on a DNA sample; and
(C) 'DNA record' means the tissue or saliva samples and the results of the testing performed on the samples."
C. Section 23-3-620 of the 1976 Code is amended to read:
"Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest, the service of a courtesy summons, or a direct indictment for:
(1) a felony offense or an offense that is punishable by a sentence of five years or more; or
(2) eavesdropping, peeping, or stalking, any of which are committed in this State, a person, except for any juvenile, arrested or ordered by a court must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:. Additionally, any person, including any juvenile, ordered to do so by a court, and any juvenile convicted or adjudicated delinquent for an offense contained in items (1) and (2), must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database.
(1) any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample.
(B) A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, sheriff's office that serves a courtesy summons, courthouse where a direct presentment indictment is served, or other location as specified by the sentencing court detention facility at the time the person is booked and processed into the jail or detention facility following the custodial arrest, or other location when the taking of fingerprints is required prior to a conviction. The sample must be submitted to SLED as directed by SLED. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody before providing a DNA sample must provide a DNA sample at a location specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance.
(C)(B) At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004.
(D)(C) An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2) (B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement.
(E)(D) At such time as possible and Unless a sample has already been provided pursuant to the provisions of subsection (A), before release a person is released from confinement or release released from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:
(1) a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for:
(a) eavesdropping or peeping (Section 16-17-470); or
(b) any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004.
(F) A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED.
(G)(E) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination prior to the creation of a DNA record or DNA profile suitable for inclusion in the DNA Database.
(H)(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
D. Section 23-3-630 of the 1976 Code is amended to read:
"Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other an appropriately trained health care worker person may take a sample from which DNA may be obtained.
(B) A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood a sample."
E. Section 23-3-650 of the 1976 Code is amended to read:
"Section 23-3-650. (A) The DNA sample record and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These records and results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample results. However, SLED must not make the DNA record or the DNA profile available to any entity that is not a law enforcement agency unless instructed to do so by order of a court with competent jurisdiction.
(B) To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA Database.
(B)(C) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both.
(C)(D) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred ten thousand dollars or three times the amount of any financial gain realized by the person, whichever is greater, or imprisoned not more than one year five years, or both."
F. Section 23-3-660 of the 1976 Code is amended to read:
"Section 23-3-660. (A) A person whose DNA record or DNA profile has been included in the State DNA Database may request expungement on the grounds that must have his DNA record and his DNA profile expunged if:
(1) the charges pending against the person who has been arrested or ordered to submit a sample:
(a) have been nolle prossed;
(b) have been dismissed; or
(c) have been reduced below the requirement for inclusion in the State DNA Database; or
(2) the person has been found not guilty, or the person's conviction or adjudication has been reversed, set aside, or vacated.
(B) The solicitor in the county in which the person was charged must notify SLED when the person becomes eligible to have his DNA record and DNA profile expunged. Upon receiving this notification, SLED must begin the expungement procedure.
(C) SLED, at no cost to the person, shall must purge DNA and all other identifiable record information and the DNA profile from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:
(1) a document certified:
(a) by a circuit court judge,
(b) by a prosecuting agency, or
(c) by a clerk of court
that must be produced to the requestor at no charge within fourteen days after the request is made and after one of the events in subsection (A) has occurred, and no new trial has been ordered by a court of competent jurisdiction; or
(2) a certified copy of the court order finding the person not guilty, or reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged.
(D) The person's entry in the State DNA Database shall not be removed if the person has another qualifying offense.
(E) The jail intake officer, sheriff's office employee, courthouse employee, or detention facility intake officer shall provide written notification to the person of his right to have his DNA record and DNA profile expunged and the procedure for the expungement pursuant to this section at the time that the person's saliva or tissue sample is taken. The written notification must include that the person is eligible to have his DNA record and his DNA profile expunged at no cost to the person when:
(1) the charges pending against the person are:
(a) nolle prossed;
(b) dismissed; or
(c) reduced below the requirement for inclusion in the State DNA Database; or
(2) when the person has been found not guilty, or the person's conviction has been reversed, set aside, or vacated.
(F) When SLED completes the expungement process, SLED must notify the person whose DNA record and DNA profile have been expunged and inform him, in writing, that the expungement process has been completed."
G. Section 23-3-670 of the 1976 Code is amended to read:
"Section 23-3-670. (A) The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must pay a two hundred and fifty dollar processing fee which may not be waived by the court. However:
(1) If if the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.; and
(2) If if the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.
(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."
H. Section 23-3-120(B) of the 1976 Code is amended to read:
"(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted at the time the person is booked and processed into a jail or detention facility or other location when the taking of fingerprints is required. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information."
I. The provisions of this SECTION take effect on January 1, 2009; however, the implementation of the procedures provided for in this act is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions. Until the provisions of this act are fully funded and executed, implementation of the provisions of this act shall not prohibit the collection and testing of DNA samples by the methods allowed prior to the implementation of this act from persons convicted, adjudicated delinquent, or on probation or parole for those crimes listed in Section 23-3-620.
SECTION 2. A. Section 17-15-30 of the 1976 Code is 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 any other person or the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and 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, including, but not limited to, any charges pending against the accused at the time release is requested;
(2) The court shall consider, if available, 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 States 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.
(C) If a person has previously been released on bail pending trial and during his release is charged with a violent offense as defined by Section 16-1-60, and the court finds that no condition or combination of conditions will reasonably assure the appearance of the person as required or the safety of any other person and the community, then the court shall deny release of the person pending trial."
B. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event, including, but not limited to, any charges pending against the person requesting bail. 'Violent offenses' as used in this section means the offenses contained in Section 16-1-60. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility."
C. This SECTION takes effect upon approval of the Governor.
SECTION 3. A. This SECTION may be cited as the "South Carolina Reduction of Recidivism Act of 2008". It is the intent of the General Assembly of South Carolina to provide law enforcement officers with the statutory authority to reduce recidivism rates of probationers and parolees, apprehend criminals, and protect potential victims from criminal enterprises.
B. Section 20-7-8305(A)(1) of the 1976 Code is amended to read:
"(A)(1) The Board of Juvenile Parole shall meet monthly and at other times as may be necessary to review the records and progress of children committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare. Before a juvenile is conditionally released, the juvenile must agree in writing to be subject to search or seizure, with or without a search warrant, with or without cause, of the juvenile's person, any vehicle the juvenile owns or drives, and any of the juvenile's possessions by: (1) the juvenile's aftercare counselor; (2) any probation agent employed by the Department of Probation, Parole and Pardon Services; or (3) any other law enforcement officer. The residence of the juvenile shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions, and the juvenile must agree in writing that he shall notify the owner of the dwelling where he resides that it shall be subject to search or seizure, with or without a search warrant, based on reasonable suspicions. A juvenile must not be conditionally released by the parole board if he fails to comply with this provision.
A law enforcement officer conducting a search or seizure without a warrant pursuant to this subitem shall report to the law enforcement agency that employs him all of these searches or seizures, which shall include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. The law enforcement agency shall submit this information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. A finding of abuse of the use of searches or seizures without a search warrant shall be reported by the Department of Probation, Parole and Pardon Services to the State Law Enforcement Division for investigation."
C. Section 20-7-8320(A) of the 1976 Code is amended to read:
"(A) A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release. The conditions of release must include the requirement that the juvenile parolee must permit the search or seizure, with or without a search warrant, with or without cause of the juvenile parolee's person, any vehicle the juvenile parolee owns or drives, and any of the juvenile parolee's possessions by: (1) his aftercare counselor; (2) any probation agent em