Indicates Matter Stricken
Indicates New Matter

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

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

The Psalmist proclaims:

"Gladden the soul of your servant, for to you, O Lord, I lift up my soul."         (Psalm 86:4)
  Bow in prayer with me, please:

Gracious God, we ask you to be with each of these servants in very special ways. As they continue to wrestle with matters they hope to resolve during this Session, as they inevitably look to the weeks ahead, weeks of campaigning in some cases (and of simply escaping from these buildings for a time), as they diligently strive to act wisely and conscientiously, guide and bless them all. We are so very grateful, Lord, for the dedication of every individual in this Senate. Continue your blessings upon them all, for the good of this State. We humbly pray this in your name, O Lord.
Amen.

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

Senator DRUMMOND introduced Dr. Gary A. Goforth of Greenwood, S.C., Doctor of the Day, along with his wife. Dr. Goforth was named 2008 Physician of the Year.

On motion of Senator PEELER at 11:05 A.M., Senator VAUGHN was granted a leave of absence for today.

Senator HUTTO rose for an Expression of Personal Interest.

Senator COURSON rose for an Expression of Personal Interest.

Senator SHEHEEN rose for an Expression of Personal Interest.

On motion of Senator PEELER, with unanimous consent, Senator HAWKINS was escorted to the podium by Senators PEELER and LAND upon the occasion of his retirement from the Senate.

Senators PEELER and LAND addressed the Senate with remarks.

Senator HAWKINS addressed the Senate.

Senator PEELER.presented a Resolution to Senator HAWKINS.

On motion of Senator PEELER, with unanimous consent, the remarks of Senator HAWKINS were ordered printed in the Journal.

H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.

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.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

H. 4448 (Word version) -- Reps. Bales, Ballentine, Bingham, Brady, Cotty, Frye, Haley, Harrison, Hart, Howard, Huggins, McLeod, J.H. Neal, Ott, E.H. Pitts, Rutherford, Scott, Spires, J.E. Smith and Toole: A BILL TO AMEND SECTION 55-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF OFFICERS OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO PROVIDE THAT THE CHAIRMANSHIP MUST BE ROTATED AMONG THE THREE PUBLIC MEMBER ENTITIES REPRESENTED ON THE COMMISSION AND THAT THE FREQUENCY OF A MEMBER OF EACH ENTITY SERVING AS CHAIRMAN MUST BE BASED UPON THE PERCENTAGE THAT EACH PUBLIC BODY'S MEMBERSHIP ON THE COMMISSION IS TO THE TOTAL MEMBERSHIP OF THE COMMISSION.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

S. 1424 (Word version) -- Senators McConnell, Anderson, Alexander, 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, Matthews, McGill, O'Dell, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE KAY PATTERSON, OF RICHLAND COUNTY, FOR HIS TWENTY-THREE YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF SENATE DISTRICT 19, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1425 (Word version) -- Senators Sheheen, Malloy and Lourie: A SENATE RESOLUTION TO COMMEND HOWARD ELLIOTT DUVALL, JR., OF RICHLAND COUNTY, FOR HIS SERVICE AS MAYOR IN HIS HOME TOWN OF CHERAW AND FOR HIS YEARS OF SERVICE TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA, AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT AS THE EXECUTIVE DIRECTOR OF THE MUNICIPAL ASSOCIATION.
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The Senate Resolution was adopted.

S. 1426 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 784 OF 1954, AS AMENDED, RELATING TO THE BEAUFORT-JASPER COUNTY WATER AUTHORITY, SO AS TO REAFFIRM THE ACTION OF THE GENERAL ASSEMBLY IN ESTABLISHING THE COMPOSITION OF THE AUTHORITY AND TO PROHIBIT THE COUNTIES OF BEAUFORT AND JASPER FROM CHANGING THE COMPOSITION OF THE AUTHORITY.
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Read the first time and, on motion of Senator PINCKNEY, with unanimous consent, S.1426 was ordered placed on the Statewide Calendar.

S. 1427 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REYNOLDS WILLIAMS AS THE FIRST CHAIRMAN OF THE RETIREMENT SYSTEMS INVESTMENT COMMISSION FOR HIS OUTSTANDING ORGANIZATION, LEADERSHIP, AND SUCCESS IN DIVERSIFYING THE STATE'S PENSION INVESTMENT PORTFOLIOS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1428 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND KENNETH L. SMITH, SR., OF ORANGEBURG COUNTY, FOR HIS DEDICATED SERVICE TO PINEVILLE AND ST. STEPHENS UNITED METHODIST CHURCHES.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1429 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 6-21-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF FEDERAL LOANS AND GRANTS UNDER THE REVENUE BOND ACT FOR UTILITIES, SO AS TO PERMIT MORTGAGES TO FEDERAL AGENCIES IN CERTAIN CIRCUMSTANCES.
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Read the first time and, on motion of Senator ELLIOTT, with unanimous consent, S. 1429 was ordered placed on the Calendar without reference.

S. 1430 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO CONGRATULATE GLORIA L. FREEMAN OF CHAPIN UPON BEING CHOSEN THE 2008 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.
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The Senate Resolution was adopted.

S. 1431 (Word version) -- Senator Alexander: A SENATE RESOLUTION IN MEMORY OF HELEN ANTOINETTE KNOX BUTTS UPON HER DEATH AT THE AGE OF ONE HUNDRED, AND IN RECOGNITION OF HER BEING THE OLDEST RESIDENT OF THE VILLAGE OF NEWRY.
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The Senate Resolution was adopted.

S. 1432 (Word version) -- Senator Bryant: A SENATE RESOLUTION TO HONOR AND CONGRATULATE MR. AND MRS. CLIFFORD W. BRYANT OF ANDERSON COUNTY UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.
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The Senate Resolution was adopted.

S. 1433 (Word version) -- Senators Knotts, Setzler, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. J. FRANKLIN VAIL FOR HIS OUTSTANDING SERVICE TO THE STUDENTS OF LEXINGTON SCHOOL DISTRICT FOUR, GASTON-SWANSEA, AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN SIXTEEN YEARS AS SUPERINTENDENT.
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The Senate Resolution was adopted.

S. 1434 (Word version) -- Senators Knotts, Setzler, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE MRS. DOROTHY JONES HUNDLEY, OF LEXINGTON COUNTY, ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.

S. 1435 (Word version) -- Senator Martin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ACCLAIMED MASTER CRAFTSWOMEN MAXIE MCCONNELL EADES AND JEAN MCCONNELL MOODY, OF PICKENS COUNTY, AND TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA SENATE FOR THEIR SUCCESS IN HELPING TO PRESERVE THE CENTURIES-OLD CRAFTS TRADITION OF THIS GREAT STATE THROUGH THE CREATION OF THEIR BEAUTIFUL WOODEN BOWLS.
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The Senate Resolution was adopted.

H. 3533 (Word version) -- Reps. Talley, Kelly and Bannister: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY OF ESTABLISHING WIND ENERGY PRODUCTION FARMS IN SOUTH CAROLINA, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 5208 (Word version) -- Reps. F. N. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO WISH MASSACHUSETTS SENATOR EDWARD KENNEDY WELL AS HE BEGINS MEDICAL TREATMENT, AND TO OFFER THE PRAYERS OF THE CITIZENS OF SOUTH CAROLINA FOR HIS RECOVERY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5209 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT JULIA MEGAN DIRKS, OF LEXINGTON COUNTY, FOR A MERITORIOUS EXPERIENCE IN SCOUTING, AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR A GOLD AWARD.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5210 (Word version) -- Reps. E. H. Pitts, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT KATIE REBECCA WILSON, OF LEXINGTON COUNTY, FOR A MERITORIOUS CAREER IN SCOUTING, AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5212 (Word version) -- Reps. D. C. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF TONY L. CARR, SR., OF AIKEN COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5214 (Word version) -- Reps. E. H. Pitts, Bingham, Frye, Haley, Huggins, McLeod, Ott, Spires and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GIRL SCOUT SARAH ROSE WEBB, OF LEXINGTON COUNTY, FOR A MERITORIOUS CAREER IN SCOUTING, AND TO CONGRATULATE HER UPON THE SUCCESSFUL COMPLETION OF THE REQUIREMENTS FOR THE GIRL SCOUT GOLD AWARD.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5220 (Word version) -- Reps. Mack, Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE FLOYD BREELAND, OF CHARLESTON, FOR HIS SIXTEEN YEARS OF COMMITTED SERVICE TO THE CITIZENS OF DISTRICT 111 IN CHARLESTON COUNTY, AND TO WISH HIM HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1333 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE LIEUTENANT GOVERNOR'S OFFICE ON AGING TO CONVENE A PURPLE RIBBON ALZHEIMER'S TASK FORCE TO STUDY THE CURRENT AND FUTURE IMPACT OF ALZHEIMER'S IN SOUTH CAROLINA AND TO ASSESS THE RESOURCES FOR AND NEEDS OF PERSONS WITH ALZHEIMER'S AND RELATED DISORDERS SO AS TO DEVELOP A STATE STRATEGY TO ADDRESS THIS HEALTH ISSUE.

S. 1333 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE LIEUTENANT GOVERNOR'S OFFICE ON AGING TO CONVENE A PURPLE RIBBON ALZHEIMER'S TASK FORCE TO STUDY THE CURRENT AND FUTURE IMPACT OF ALZHEIMER'S IN SOUTH CAROLINA AND TO ASSESS THE RESOURCES FOR AND NEEDS OF PERSONS WITH ALZHEIMER'S AND RELATED DISORDERS SO AS TO DEVELOP A STATE STRATEGY TO ADDRESS THIS HEALTH ISSUE.

Senator SETZLER asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (S-1333 AMENDMENT), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 1-34 and inserting:

/       That the South Carolina General Assembly, by this resolution, requests the Lieutenant Governor's Office on Aging to convene a Purple Ribbon Alzheimer's Task Force to assess the current and future impact of Alzheimer's disease in South Carolina, to examine the existing services and resources addressing the needs of persons with Alzheimer's, their families and caregivers, and to develop a comprehensive strategy to provide a state response to this public health crisis.

Be it further resolved that the Purple Ribbon Alzheimer's Task Force is composed of 20 members appointed by the Lieutenant Governor to include;

(1) one member of the South Carolina Senate

(2) one member of the South Carolina House of Representatives

(3) one person with Alzheimer's disease or a related disorder

(4) one caregiver of a person with Alzheimer's disease

(5) one member representing the state at-large

(6) one member from the nursing facility industry

(7) one member from the assisted living industry

(8) one member from the adult day services industry

(9) one member from the medical care provider community

(10) one member from the nursing community

(11) one member who specializes in Alzheimer's disease research

(12) one member representing the Alzheimer's Disease Registry

(13) one member representing the Alzheimer's Association

(14) the director of the SC Department of Mental Health or his designee

(15) the director of the Department of Disabilities and Special Needs or his designee

(16) the director of the Department of Health and Environmental Control or his designee

(17) the director of the Department of Health and Human Services or his designee

(18) the director of the Lieutenant Governor's Office on Aging

(19) one member representing the law enforcement community

(20) one member representing labor and workforce development.

The director of the Lieutenant Governor's Office on Aging shall serve as chairman of the task force. Members of the task force shall service without compensation. The Purple Ribbon Alzheimer's Task Force shall be so named for the color of Alzheimer's disease awareness.

Be it further resolved that the Purple Ribbon Alzheimer's Task Force include in its assessment and recommendations an examination of:

(1)   the Alzheimer's population needs, including but not limited to, state policy and the role of the State in meeting these needs;

(2)   existing services, resources, and capacity, for serving persons with Alzheimer's and related disorders;

(3)   changes needed to state policies and resources, including, but not limited to, providing coordinated services and support to persons and families living with Alzheimer's and related disorders and strategies to address any identified gaps in services.

Be it further resolved that the Purple Ribbon Alzheimer's Task Force is requested to develop a report and date-specific recommendations for responding to the task force findings, which the Office of Aging shall provide to the General Assembly and Governor no later than March 1, 2009, at which time the Office on Aging shall disband the task force.

Be if further resolved that the Office on Aging is requested to monitor the implementation of the recommendations of the Purple Ribbon Alzheimer's Task Force and to keep the General Assembly apprised of the progress of these matters.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3008 (Word version) -- Reps. Ballentine, Haskins, Cotty and Lowe: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OWNED BY A CHARITABLE ORGANIZATION WHICH IS NOT USED FOR THE ORGANIZATION'S MEETINGS OR THE ORGANIZATION'S TAX EXEMPT PURPOSES BUT WHICH IS HELD FOR FUTURE USE BY THE ORGANIZATION IN PURSUIT OF ITS EXEMPT PURPOSES OR WHICH IS HELD BY THE ORGANIZATION FOR INVESTMENT IN PURSUIT OF THE ORGANIZATION'S EXEMPT PURPOSES IF THIS REAL PROPERTY WHILE HELD IS NOT RENTED OR LEASED FOR A PURPOSE UNRELATED TO THE ORGANIZATION'S EXEMPT PURPOSES AND THE USE OF THE REAL PROPERTY DOES NOT INURE TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3975 (Word version) -- Reps. Delleney and Bowers: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO POSTPONE FOR ONE ADDITIONAL YEAR A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM OTHERWISE SCHEDULED FOR IMPLEMENTATION BEGINNING FOR PROPERTY TAX YEAR 2007.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4340 (Word version) -- Reps. Cooper, Clyburn, Battle, Kirsh and Hosey: A BILL TO AMEND SECTION 8-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE DEFERRED COMPENSATION COMMISSION, SO AS TO ADD THE CHIEF INVESTMENT OFFICER OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AS AN EX OFFICIO MEMBER OF THE DEFERRED COMPENSATION COMMISSION.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4470 (Word version) -- Reps. Harrell, Leach, Cato, Hagood, Hamilton, Harrison, Limehouse, Merrill, Scarborough, W.D. Smith, Stavrinakis, Walker, Young, Gambrell, Haley, Bedingfield, Mahaffey, Cotty, McLeod, Owens, Rice, Bowen, Viers and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3680 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR THE PURCHASE, INSTALLATION, OR IMPROVEMENT OF A FIRE SPRINKLER SYSTEM AND TO PROVIDE THE ADMINISTRATION OF THE CREDIT; TO AMEND SECTION 5-31-670, RELATING TO MUNICIPAL AND SPECIAL SERVICE DISTRICT WATER SYSTEMS, SO AS TO LIMIT CHARGES FOR SEPARATE LINES FOR FIRE SPRINKLER SYSTEMS TO ACTUAL COSTS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FIRE SPRINKLER SYSTEMS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FROM COUNTY TAXES FOR FIVE YEARS FOR THE FIRST FIFTY THOUSAND DOLLARS OF THE COST OF ADDING TO AND UPGRADES OF FIRE SPRINKLER SYSTEMS IN MANUFACTURING ESTABLISHMENTS IN EXISTENCE BEFORE JULY 1, 2008; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO DEPRECIATION ALLOWED IN THE VALUATION OF MANUFACTURING PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW A TWENTY PERCENT ANNUAL DEPRECIATION FOR THE ADDITION OR UPGRADE OF A FIRE SPRINKLER SYSTEM INSTALLED OR UPGRADED IN A MANUFACTURING ESTABLISHMENT IN EXISTENCE BEFORE JULY 1, 2008, AND TO ALLOW THIS COST TO BE COMPLETELY DEPRECIATED; AND TO AMEND SECTION 23-9-40, RELATING TO THE DUTIES OF THE STATE FIRE MARSHAL, SO AS TO ADD AUTHORITY RELATING TO FIRE SPRINKLER SYSTEMS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4499 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-60-2545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF REASONABLE ATTORNEY'S FEES IF A TAXPAYER PREVAILS IN THE ASSESSOR'S DENIAL OF AGRICULTURAL USE VALUE OF REAL PROPERTY AND A FINDING BY THE ADMINISTRATIVE LAW COURT THAT THE ASSESSOR'S ACTION WAS UNREASONABLE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO BOTH THE DENIAL OF AN APPLICATION FOR AGRICULTURAL USE VALUE AND AN ACTION BY THE ASSESSOR TO REMOVE REAL PROPERTY FROM THAT STATUS, TO PROVIDE FOR THE PAYMENT OF EXPENSES PLUS ATTORNEY'S FEES, TO PROVIDE FOR THIS REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES AFTER THE TAXPAYER PREVAILS IN ANY FINAL APPEAL OF THE CONTESTED CASE, AND TO ELIMINATE THE REQUIRED FINDING THAT THE ASSESSOR'S DECISION WAS NOT REASONABLE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W.D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F.N. Smith, Talley, Young, Knight and Hodges: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4773 (Word version) -- Reps. W.D. Smith, Walker, Talley, Mahaffey, Moss, Anthony, Kelly, Littlejohn, Mitchell and Phillips: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING AND FURNISHING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, FOR FURNISHINGS, INFORMATION TECHNOLOGY UPGRADES AND EQUIPMENT FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, EXPANDING THE LANCASTER WORKFORCE CENTER, IMPROVING THE SENECA WORKFORCE CENTER PARKING LOT AUTOMATING THE TRADE READJUSTMENT ALLOWANCES PAYMENT SYSTEM, DEVELOPING AN AUTOMATED DISASTER UNEMPLOYMENT ASSISTANCE PAYMENT SYSTEM, PROVIDING COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND PROVIDING ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4815 (Word version) -- Reps. Harrell, Merrill, Thompson, Brady, Stavrinakis, Haley, Ballentine, Cato, Cooper, Delleney, Harrison, Limehouse, Sandifer, Scarborough, Shoopman, Taylor, Viers, Walker, Young, Mahaffey, Neilson, Bales, R. Brown, Herbkersman, Edge, Bingham, Simrill, Whipper, Bedingfield and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT OF 2008", REVISING AND UPDATING TAX INCENTIVES FOR MOTION PICTURE PRODUCTIONS IN THIS STATE BY ADDING AND MODERNIZING DEFINITIONS, MAKING TECHNICAL CORRECTIONS, ELIMINATING THE REBATE OF STATE AND LOCAL SALES TAXES PROVIDED UNDER FORMER LAW, PROVIDING FOR THE CARRY FORWARD OF REBATE FUNDS TO AVOID MULTIPLE APPLICATIONS, CLARIFYING THE WAGE INCENTIVE AND RESIDENT HIRING BONUS, ESTABLISHING A FIVE-YEAR APPRENTICESHIP PROGRAM, INCREASING THE NUMBER OF DAYS STATE PROPERTY MAY BE USED WITHOUT FEE FROM SEVEN TO TEN DAYS, AND PROVIDING ADDITIONAL REQUIREMENTS FOR FILM CREDITS FOR THIS STATE; AND TO REPEAL CHAPTER 62 OF TITLE 12 RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 4942 (Word version) -- Reps. Cotty, Clemmons, Hagood, E.H. Pitts, Sandifer, Brady, Erickson, Huggins, Haskins, Whipper and Edge: A BILL TO AMEND SECTION 12-37-3140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO POSTPONE THE IMPLEMENTATION OF THE TRANSFER VALUE OF A PARCEL OF REAL PROPERTY UNIMPROVED SINCE THE LAST COUNTYWIDE REASSESSMENT PROGRAM UNTIL THE TIME OF IMPLEMENTATION OF THE NEXT COUNTYWIDE REASSESSMENT PROGRAM AND TO REQUIRE THE FIFTEEN PERCENT LIMIT ON INCREASES IN VALUE TO BE CALCULATED SEPARATELY ON LAND AND IMPROVEMENTS; TO AMEND SECTION 12-37-3150, AS AMENDED, RELATING TO THE TIME AN ASSESSABLE TRANSFER OF INTEREST OCCURS, SO AS TO REVISE THE PENALTY FOR FAILURE TO PROVIDE NOTICE OR FAILURE TO PROVIDE ACCURATE NOTICE TO THE ASSESSING AUTHORITY OF BUSINESS ENTITY TRANSFERS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO REQUIRE THE DEED TO PROPERTY HELD IN TRUST TO RECITE THE NAME OF THE BENEFICIARY FOR THE PROPERTY TO QUALIFY AS THE BENEFICIARY'S LEGAL RESIDENCE AND REQUIRE SOCIAL SECURITY NUMBERS OF APPLICANTS FOR THE LEGAL RESIDENCE ASSESSMENT RATIO; AND TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, SO AS TO REVISE THE REQUIREMENT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Columbia, S.C., May 27, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3058 (Word version) -- Reps. W.D. Smith, Haskins, Young, G.R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M.A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 27, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4363 (Word version) -- Reps. Harrison, G.M. Smith, Delleney, Bales, McLeod, Hart and Weeks: A BILL TO AMEND SECTION 1-23-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT, SO AS TO MAKE TECHNICAL CHANGES, DELETE THE PROVISION THAT REQUIRES THE ADMINISTRATIVE LAW COURT TO HIRE AND SUPERVISE A LAW CLERK TO ASSIST THE JUDGES WHO HEAR DEPARTMENT OF MOTOR VEHICLE HEARING APPEALS WITH THE ADMINISTRATION OF THOSE APPEALS, TO PROVIDE THAT IF THE DEPARTMENT OF MOTOR VEHICLES ELECTS TO NOT APPEAR AT CERTAIN HEARINGS, IT WAIVES ITS RIGHT TO APPEAL A FINAL DECISION OF A HEARING OFFICER, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FACILITIES FOR CERTAIN ADMINISTRATIVE HEARINGS, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR THE ENFORCEMENT AND ADMINISTRATION OF CERTAIN APPELLATE COURT RULES AND FOR THE ISSUANCE OF CERTAIN ADVISORY OPINIONS, TO PROVIDE THAT CERTAIN PERSONS MAY ATTEND CERTAIN JUDICIAL-RELATED OR BAR-RELATED FUNCTIONS, AND TO DELETE THE PROVISION THAT ALLOWS THE CHIEF ADMINISTRATIVE LAW JUDGE TO ADJUDICATE CASES UNDER SECTION 1-23-600; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS RELATING TO MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-170, RELATING TO THE ISSUANCE OF RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A HOLDER OF A RESTRICTED DRIVER'S LICENSE IS ENTITLED TO A HEARING UPON A SUSPENSION OR REVOCATION OF HIS LICENSE, AND TO PROVIDE THAT A HOLDER OF THE LICENSE MAY REQUEST A HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-820, RELATING TO A DRIVER'S LICENSE HOLDER'S REQUEST FOR A HEARING AFTER HAVING RECEIVED A NOTICE OF SUSPENSION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO THE REVOCATION OF THE LICENSE OF A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE OFFICE OF MOTOR VEHICLE HEARINGS HAS EXCLUSIVE JURISDICTION TO CONDUCT A HABITUAL OFFENDER DRIVER'S LICENSE REVOCATION HEARING; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE TO A HABITUAL OFFENDER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF CERTAIN DRIVING OFFENSES, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES PERMITS OR DENIES THE RELEASE OF AN IMMOBILIZED VEHICLE, AND WHEREBY AN OWNER OF A VEHICLE MAY SEEK RELIEF FROM A DECISION TO HAVE A VEHICLE IMMOBILIZED; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO REFUSES TO SUBMIT TO TESTING TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST AN ADMINISTRATIVE HEARING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-9-60, AS AMENDED, RELATING TO SELF-INSURER'S FOR MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES RELATING TO THE CANCELLATION OF A SELF-INSURER'S STATUS; TO AMEND SECTION 56-9-363, AS AMENDED, RELATING TO CERTAIN FORMS PRESCRIBED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-510, RELATING TO THE REGISTRATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-10-530, RELATING TO AN UNINSURED VEHICLE INVOLVED IN CERTAIN ACCIDENTS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-15-350 AND SECTION 56-16-180, BOTH AS AMENDED, RELATING TO THE DENIAL OF, THE ISSUANCE OF, SUSPENSION, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 27, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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

Received as information.

Columbia, S.C., April 9, 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. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

On motion of Senator MALLOY, the Senate insisted upon its amendments to S. 144 and asked for a Committee of Conference.

Whereupon, Senators MALLOY, RANKIN and CLEARY 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., May 28, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. G.M. Smith, Kelly and Jennings to the Committee of Conference on the part of the House on:

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott, Fair and Williams: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

At 12:00 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The PRESIDENT announced that elections were in order to elect successors to Boards of Trustees of State Colleges and Universities.

The PRESIDENT announced that nominations were in order to elect a successor to an At-Large position on the Board of Trustees for The Citadel.

Representative Phillips, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Glenn D. Addison had been screened and found qualified to serve.

Representative Phillips placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Glenn D. Addison was elected to a position on the Board of Trustees for The Citadel, At-Large for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the At-Large position on the Board of Trustees for Clemson University.

Representative Phillips, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Pat Black, Jr., Mr. John L. Cote, Jr., Mr. Jack W. Erter, Jr., Mr. Nicky McCarter, Mr. Neil C. Robinson, Jr., Mr. Steven G. Strickland and Mr. Rodney Williams had been screened and found qualified to serve.

On motion of Representative Phillips, with unanimous consent, the names of Mr. Pat Black, Jr., Mr. John L. Cote, Jr., Mr. Jack W. Erter, Jr., Mr. Neil C. Robinson, Jr., and Mr. Steven G. Strickland were withdrawn from consideration.

Representative Phillips placed the names of Mr. Nicky McCarter and Mr. Rodney Williams in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. McCarter:

Campbell               Ceips                  Cleary
Courson                Drummond               Elliott
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Land                   Leventis               Lourie
Malloy                 Massey                 Matthews
McGill                 O'Dell                 Peeler
Pinckney               Reese                  Ritchie
Ryberg                 Setzler                Sheheen
Short                  Verdin                 Williams

The following named Senators voted for Mr. Williams:

Alexander              Bryant                 Campsen
Cromer                 Fair                   Grooms
Leatherman             Martin                 McConnell
Patterson              Rankin                 Thomas

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. McCarter:

Agnew

The following named Representatives voted for Williams:

Allen

Total number of Senators voting         42
Total number of Representatives voting   118
Grand Total                           160
Necessary to a choice                   81
Of which McCarter received             87
Of which Williams received             73

Whereupon, the PRESIDENT announced that the Honorable Nicky McCarter was elected to a position on the Board of Trustees for Clemson University, At-Large for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #2.

Representative Phillips, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert Brimmer had been screened and found qualified to serve and placed his name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert Brimmer was elected to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #2 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 2nd Congressional District, Seat #2.

Representative Phillips, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Donna G. Tinsley had been screened and found qualified to serve and placed her name in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Donna G. Tinsley was elected to a position on the Board of Trustees for Winthrop University, 2nd Congressional District, Seat #2 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:30 P.M., the Senate resumed.

At 12:31 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT.

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:

H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE.

The following House Bills were read the third time and ordered returned to the House with amendments:

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.

H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.

H. 5001 (Word version) -- Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.

H. 4764 (Word version) -- Reps. Witherspoon and Branham: A BILL TO AMEND SECTION 49-3-50 OF THE 1976 CODE, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO WATER RESOURCES PLANNING AND COORDINATING, TO AMEND CHAPTER 23, TITLE 50, RELATING TO WATERCRAFT AND OUTBOARD MOTORS, TO MAKE TECHNICAL CHANGES, PROVIDE FOR MARINE DEALERS PERMITS, TO REQUIRE THE OWNER OF A WATERCRAFT OR OUTBOARD MOTOR TO NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS OF ITS TRANSFER, TO PROVIDE FOR THE TITLING OF CERTAIN WATERCRAFT, TO PROVIDE FOR CERTIFICATES OF BOAT NUMBER, AND TO REPEAL CERTAIN SECTIONS.
(Abbreviated Title)

Senator GREGORY explained the Bill.

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.

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.

H. 3880 (Word version) -- Reps. W.D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.

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

Senator MASSEY made a motion to take up further amendments pursuant to the provisions of Rule 26B.

The motion was adopted.

Senator MASSEY proposed the following amendment (3880R001.ASM), which was adopted:

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

/     SECTION   1.   Article 7, Chapter 56, Title 44 of the 1976 Code is amended to read:

Section 44-56-710.   The purpose of the voluntary cleanup program is to:

(1)   enable the expansion, redevelopment or return to use of industrial and commercial facilities sites whose redevelopment is complicated by real or perceived environmental contamination;

(2)   provide an incentive to conduct response actions at a site by providing nonresponsible parties State CERCLA liability protection a covenant not to sue, contribution protection, and third party liability protection, or by providing responsible parties with a covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports; and

(3)   provide reimbursement to the department for oversight costs.

Section 44-56-720.   As used in this article:

(1)   'CERCLA' means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. 9601, et seq.

(2)   'Contaminant' includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; 'contaminant' does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.

(3)   'Contamination' means impact by a contaminant, petroleum, or petroleum product.

(3)(4)   'Department' means the South Carolina Department of Health and Environmental Control.

(4)(5)   'Nonresponsible party' means any party which is neither:

(i)   a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor

(ii)   a parent, subsidiary of, or successor to a responsible party.

(5)(6)   'Oversight costs' means those costs, both direct and indirect, incurred by the department in implementing the voluntary cleanup program.

(6)(7)   'Petroleum' and 'petroleum product' means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel.

(8)   'Property' means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.

(7)(9)   'Response action' means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.

(8)(10)   'Responsible party' means:

(a)   the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility, as these terms are defined in CERCLA;

(b)   any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA;

(c)   any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and

(d)   any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and

(e)   any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of Section 44-2-80(B) and (C) apply.

(9)(11)   'Site' means all areas where a contaminant, petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; 'site' does not include any consumer product in consumer use or any vessel, as defined in CERCLA Section 101 (28).

(10)(12)   'Voluntary cleanup' means a response action taken under and in compliance with this article.

(11)(13)   'Voluntary cleanup contract' means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup.

Section 44-56-730.   (A)   A site known or perceived to be impacted by a contaminant, petroleum, or a petroleum product is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.

(B)   A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site.

(C)   All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, or return to use of the property are eligible to participate in the voluntary cleanup program.

Section 44-56-740.   (A)(1)   A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at a minimum:

(a)   submission of a work plan, health and safety plan, and provisions from for written progress reports;

(b)   a grant of access to perform and oversee response actions; and

(c)   a legal description of the property.

(2)   A voluntary cleanup contract shall stipulate that it:

(a)   the contract is not a release of or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory not a signatory to the contract;

(b)   the contract does not limit the right of the department to undertake future response actions; and

(c)   the contract becomes null and void if the responsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract;

(d)   the contract is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract; and

(e)   the contract's covenant not to sue must be revoked for a responsible party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   After signing a voluntary cleanup contract, the responsible party shall prepare and submit the appropriate work plans and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.

(4)   A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the responsible party's signatories, parents, successors, assigns, and subsidiaries.

(5)   A voluntary cleanup contract must give the responsible party the department's covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports. The covenant not to sue must be contingent upon the department's determination that the responsible party successfully and completely complied with the contract.

(B)(1)   Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. If the department determines that a responsible party has successfully and completely complied with the contract and has successfully completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:

(a)   provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries;

(b)   indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and

(c)   include a legal description of the site property and the name of the site's property's owner.

(2)   If the department determines that the responsible party has not completed the contract satisfactorily, the department shall notify in writing the responsible party and the current owner of the site property, if different from the responsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.

(3)   The covenant not to sue is revoked for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.

(C)   The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200.

(D)   Public participation procedures for a voluntary cleanup contract entered into by a responsible party shall follow the same guidelines for public participation as those for the State CERCLA program and not inconsistent with the National Contingency Plan.

(E)(1)   The department or the responsible party may terminate a voluntary cleanup contract by giving thirty days advanced written notice to the other. The department may not terminate the contract without cause.

(2)   The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   If, after receiving notice that costs are due and owing, the responsible party does not pay the department oversight costs associated with the voluntary cleanup in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.

(4)   Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.

(F)   The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.

Section 44-56-750.   (A)(1)   Before entering into a voluntary cleanup contract, the nonresponsible party must:

(a)   submit to the department its proposed scope of work a Phase One Environmental Site Assessment conducted in accordance with the all appropriate inquiry standards of CERCLA, or other evidence of conducting all appropriate inquiry in accordance with CERCLA;

(b)   identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract;

(c)   provide a legal description of the property; and

(d)   describe the plan for the expansion, redevelopment, and return to use of the property identify the business activities planned to be carried out on the property.

(2)   Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department that:

(a)   it is not a responsible party at the site;

(b)   it is not a parent, successor, or subsidiary of a responsible party at the site;

(c)   its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and

(d)   it is financially viable to meet the obligations under the contract.

(B)(1)   A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum:

(a)   agreement to conduct the scope of work provided for in the contract and submission of a work plan prepared in accordance with the scope of work required by the department, health and safety plan, and provisions for written progress reports;

(b)   a grant of access to perform and oversee response actions;

(c)   a legal description of the property;

(d)   a provision for the department to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and

(e)   a provision that the department has an irrevocable right of access to the property once the property is acquired by the nonresponsible party. The right of access remains until a complete remediation is accomplished for unrestricted use.

(2)   A voluntary cleanup contract shall stipulate that it:

(a)   is not a release or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory not a signatory to the contract;

(b)   does not limit the right of the department to undertake future response actions;

(c)   is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract;

(d)   does not release the nonresponsible party from liability for any contamination that the nonresponsible party causes or contributes to the site; and

(e)   becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract.

(3)   After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the appropriate work plans, health and safety plan, and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.

(4)   A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the department's sole discretion, provide a measurable benefit to the State, the community, or the department.

(5)   After considering existing and future use or uses of the site property, the department may approve submitted work plans or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a site as long as the response action:

(a)   is consistent and compatible with the proposed future use of the site property;

(b)   will not contribute to or exacerbate discharges, releases, or threatened releases;

(c)   will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases; and

(d)   requires deed notices or restrictions, or both, determined appropriate by the department, to be placed on the property after completion of the work plan.

(6)   A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors. A voluntary cleanup contract executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.

(7)   The voluntary cleanup contract may provide the nonresponsible party protection from claims for contribution under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200, et seq. of the 1976 Code regarding environmental conditions at the site before the signing of the contract. This protection may be granted at the conclusion of the period allowed for comment from the site's potentially responsible parties as identified through a reasonable search.

(C)(1)   Upon completion of the contract, the nonresponsible party must submit a request to the department for a certificate of completion. If the department determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:

(a)   provide the department's covenant not to sue the nonresponsible party for State CERCLA liability for existing contamination, except for releases and consequences that the nonresponsible party causes. This liability protection must not be granted or must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing failure to disclose material information, or failure to satisfactorily complete the approved work plan;

(b)   indicate the proposed future land use and if a restrictive covenant is required, include a copy of the restrictive covenant to be entered into between the department and the nonresponsible party and record the restrictive covenant with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and

(c)   include a legal description of the property and the name of the property's owner.

(2)   If the department determines that the nonresponsible party has not completed the contract satisfactorily, the department shall notify in writing the nonresponsible party and the current owner of the site property, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.

(3)   The State CERCLA covenant not to sue, liability protection, is and contribution protection provided in this section shall be revoked, after reasonable notice and opportunity to cure as provided for by subsections (C)(2) and (F)(1) of this section, for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.

(4)   The covenant not to sue, liability protection, and contribution protection provided in this section may be revoked, after reasonable notice and opportunity to cure as provided for by subsections (C)(2) and (F)(1) of this section, for a party who fails to make material progress toward the expansion, redevelopment, or reuse of the property as provided for in the contract. These activities shall constitute cause to terminate the contract.

(D)   The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200.

(E)(1)   Upon signature of a voluntary cleanup contract by a nonresponsible party, the department shall provide notice and opportunity for public participation. Notification of the proposed contract must be placed in a newspaper in general circulation within the affected community. A comment period must be provided for thirty days from the date of newspaper publication. The public notice period must precede the department's scheduled date for execution of the contract. A public meeting must be conducted upon request to the department's Bureau of Land and Waste Management by twelve residents of South Carolina or an organization representing twelve or more residents of South Carolina. Under any other circumstances, a public meeting may be conducted at the department's discretion.

(2)   Beginning with the thirty-day notice period and continuing through completion of the terms of the contract, the nonresponsible party must post a sign, in clear view from the main entrance to the site property, stating the name, address, and telephone number of a contact person for information describing the site's property's response actions and reuse.

(F)(1)   The department or nonresponsible party may terminate a voluntary cleanup contract by giving thirty days' advance written notice to the other. The department may not terminate the contract without cause.

(2)   The State CERCLA covenant not to sue, liability protection, and contribution protection must be revoked for a party, or its successors, for conducting activities at the site property that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department oversight costs associated with the voluntary cleanup contract in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.

(4)   Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.

(G)   The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.

(H)(1)   A nonresponsible party is not liable to any third party for contribution, equitable relief, or claims for damages arising from a release of contaminants, petroleum, or petroleum products that which is the subject of a response action included in the nonresponsible party voluntary cleanup contract provided for in this section.

(2)   This limitation of liability commences on the date of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party. This limitation of liability applies only to:

(a)   the parties to the nonresponsible party voluntary cleanup contract and to the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors; and

(b)   'existing contamination', as defined in the nonresponsible party voluntary cleanup contract.

This limitation of liability does not apply to any release caused by or attributable to the nonresponsible party or its lenders, signatories, parents, subsidiaries, or successors.

Section 44-56-760.   Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements."

SECTION   2.   Section 12-6-3550(A) of the 1976 Code is amended to read:

"(A)   A taxpayer is allowed a credit against taxes due under Section 12-6-530 for costs of voluntary cleanup activity by a nonresponsible party pursuant to Article 7, Chapter 56 of Title 44, the Brownfields/Voluntary Cleanup Program, in the manner provided in this section."

SECTION   3.   This act takes effect upon approval by the Governor and applies to party voluntary cleanup contracts entered into pursuant to Section 44-56-750 on or after this act's effective date.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4766 (Word version) -- Reps. Lowe, Merrill, Crawford, Ballentine, Cobb-Hunter, Hagood, Harrell, Limehouse, E.H. Pitts, Scarborough, Spires, Young, Brady, R. Brown and Mulvaney: A BILL TO AMEND SECTION 48-52-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY CONSERVATION PLANS FOR STATE AGENCIES, SO AS TO PROVIDE SPECIFIC ENERGY CONSUMPTION REDUCTION GOALS AND REPORTING REQUIREMENTS, TO PROVIDE AN EXEMPTION FROM ANNUAL REPORTING REQUIREMENTS FOR AN AGENCY IMPLEMENTING ALL AVAILABLE, COST-EFFECTIVE ENERGY CONSERVATION MEASURES, AND TO DEFINE THE TERM "ENERGY CONSUMPTION"; TO AMEND SECTION 48-52-640, RELATING TO PURCHASE OF ENERGY CONSERVATION PRODUCTS BY A STATE AGENCY, SO AS TO PROVIDE THAT THE STATE ENERGY OFFICE MAY CERTIFY FOR PROCUREMENT ONLY A PRODUCT THAT MEETS OR EXCEEDS FEDERAL ENERGY STAR STANDARDS, AND TO REQUIRE REPLACEMENT OF AN INCANDESCENT LIGHT BULB USED BY A STATE AGENCY WITH A COMPACT FLUORESCENT BULB WHEN THE INCANDESCENT BULB NEEDS REPLACING, AMONG OTHER THINGS.

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

Senator VERDIN made a motion to take up further amendments pursuant to the provisions of Rule 26B.

The motion was adopted.

Senator VERDIN proposed the following amendment (4766R002.DBV), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   A.   (1)   There is created the Wind Energy Production Farms Feasibility Study Committee. This committee shall review, study, and make recommendations regarding the feasibility of windmill farms in the State including, but not limited to, whether South Carolina is a suitable site for wind production on land or in offshore areas, the economic and environmental impact to the State, and the cost of wind farm installation and operation in the State.

(2)   The committee is composed of:

(a)   two members of the public at-large appointed by the Governor;

(b)   two members of the Senate appointed by the President Pro Tempore;

(c)   two members of the House of Representatives appointed by the Speaker of the House of Representatives;

(d)   one member of the Senate appointed by the Chairman of the Senate Committee on Agriculture and Natural Resources;

(e)   one member of the House of Representatives appointed by the Chairman of the House Committee on Agriculture, Natural Resources, and Environmental Affairs;

(f)   the Director of the State Energy Office of the Budget and Control Board, or his designee;

(g)   the Director of the Department of Health and Environmental Control, or his designee; and

(h)   The Secretary of the Department of Commerce, or his designee.

(3)   At the first meeting of the committee, the members shall elect a chairperson from among the committee members.

(4)   A vacancy occurring on the committee must be filled in the same manner as the original appointment.

(5)   The staffing for the committee must be provided by the State Energy Office and the appropriate committees of the Senate and House of Representatives that oversee energy policy in the State.

(6)   The committee shall submit its report to the General Assembly and Governor before January 1, 2010, at which time the Wind Energy Production Farms Feasibility Study Committee is abolished.

B.   Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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

H. 4816 (Word version) -- Reps. Bingham, Ballentine, Frye, Haley, Huggins, McLeod, Ott, E.H. Pitts, Spires and Toole: A BILL TO AMEND ACT 378 OF 2004, AS AMENDED, RELATING TO THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, SO AS TO REVISE THE METHOD BY WHICH THE PROPERTY TAX CREDIT ALLOWED PURSUANT TO THIS ACT APPLIES WITH RESPECT TO THE NONSCHOOL-RELATED PROPERTY TAX LIABILITY OF AN OWNER-OCCUPIED RESIDENCE.

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

There was no objection.

The Bill was read the second time and ordered placed on the third reading Calendar.

H. 4982 (Word version) -- Rep. Hayes: A BILL TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.

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

There was no objection.

The Bill was read the second time.

On motion of Senator ELLIOTT, H. 4982 was ordered to receive a third reading on Thursday, May 29, 2008.

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.

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

Senator RYBERG proposed the following amendment (4867R001.WGR), which was adopted:

Amend the bill, as and if amended, SECTION 5, page 8, by striking lines 20 through 25 and inserting:

/           (c)   possess the appropriate experience pursuant to Section 40-2-35(4)(a); or       /

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/     SECTION   ___.   Section 40-2-35(4)(a) of the 1976 Code is amended to read:

"(a)   at least two years one year of accounting experience satisfactory to the board in public, governmental, or private employment under the direct supervision and review of a certified public accountant or public accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia; or"     /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

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

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.

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

Senator RITCHIE proposed the following amendment (JUD4747.003), which was adopted:

Amend the Judiciary Committee amendment bearing Document Number (L:\S-JUD\AMEND\JUD4747.002.DOC), as and if amended, by adding the following at the end to read:

/   Amend the bill further, as and if amended, page 78, by striking lines 26-29 in their entirety and inserting:

//   (C)   Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the filing date to determine whether intervention is necessary.     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4747.002), which was adopted:

Amend the bill, as and if amended, page 10, by striking lines 3-17 and inserting:

/   (D)   In actions initiated by the department pursuant to Section 63-7-1650 or 63-7-1660, the court, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or if the defendant is qualified for court appointment in accordance with Section 63-7-1620. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases.       /

Amend the bill further, as and if amended, pages 256-258, by striking Section 63-17-730 in its entirety and inserting:

/   Section 63-17-730.   The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that:

(1)   the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support;

(2)   the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:

(a)   fails to appear for the negotiation conference as scheduled in the notice;

(b)   fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or

(c)   fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later;

(3)   the obligor may request a court hearing within thirty days after the receipt of the notice of financial responsibility pursuant to Section 63-17-780;

(4)   the order of default must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides; that as soon as the order of the default is filed, it shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court;

(5)   no court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund;

(6)   the name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child;

(7)   the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 63-17-470 and 43-5-580;

(8)   the division may issue an administrative subpoena to obtain income information from the obligor;

(9)   the amount of any arrearage which has accrued under an administrative or court order from support;

(10)   the costs of collections may be assessed against and collected from the obligor;

(11)   the obligor may assert the following objections in the negotiation conference and that, if the objects are not resolved, the division shall schedule a court hearing pursuant to Section 63-17-750(C):

(a)   that the dependent child has been adopted by a person other than the obligor;

(b)   that the dependent child is emancipated; or

(c)   that there is an existing court or administrative order for support as to the monthly support obligation;

(12)   the duty to provide medical support must be established under this article in accordance with the state child support guidelines;

(13)   an order issued pursuant to this article or an existing order of a court also may be modified under this article in accordance with the Uniform Interstate Family Support Act;

(14)   the obligor is responsible for notifying the division of any change of address or employment within ten days of the change;

(15)   if the obligor has any questions, the obligor should telephone or visit the division;

(16)   the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference;

(17)   other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.   /

Amend the bill further, as and if amended, page 280, by striking line 16 and inserting:

/   purpose of imposing and enforcing income withholding under Section 63-17-1410.   /

Amend the bill further, as and if amended, page 326, by striking line 40 in its entirety.

Amend the bill further, as and if amended, page 408, by striking line 39 in its entirety and inserting:

/   _________ in the action, on the ___ day of __________, 20__, [in     /

Amend the bill further, as and if amended, page 409, by striking line 4 in its entirety and inserting:

/   statutory rate from the ___ day of ___________, 20__, together with     /

Amend the bill further, as and if amended, page 410, by striking lines 1 through 5 in their entirety and inserting:

/   (a)   who could meet the requirements of this section except for his removal from the home of a relative, specified in this section as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child;   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 3478 (Word version) -- Reps. Spires, Haley, Huggins, Bedingfield, F.N. Smith, Ballentine, Crawford, Frye, Harvin, Jefferson, Knight, Leach, Littlejohn, Mitchell, J.R. Smith, Stavrinakis, Toole, Whipper and Weeks: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WAGE WITHHOLDING FOR THE COLLECTION AND ENFORCEMENT OF CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL ORDER WAGE WITHHOLDING UPON FINDING THAT A PERSON, WHO IS NOT REQUIRED TO PAY THROUGH WAGE WITHHOLDING OR THE FAMILY COURT, IS, OR HAS BEEN, IN ARREARS IN AN AMOUNT EQUAL TO THREE OR MORE MONTH'S SUPPORT OBLIGATION.

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

The Committee on Judiciary proposed the following amendment (JUD3478.004), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-851.   (A)   The Department of Social Services shall establish a State Disbursement Unit for the collection and disbursement of all child, spousal, or child and spousal support payments.

(B)   The State Disbursement Unit shall be operated and administered by either (1) the Child Support Enforcement Division of the Department of Social Services, or (2) a contractor directly responsible to the Department of Social Services.

(C)   Amounts collected through the State Disbursement Unit are subject to court costs pursuant to Section 20-7-1440(C)."

SECTION   2.   Section 20-7-1140(A) of the 1976 Code is amended to read:

"(A)   When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order."

SECTION   3.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1300.   (A)   The federal government mandates that every state must have a centralized statewide disbursement unit which collects and disburses child support payments. The federal requirement will result in substantial changes in how spousal and child support payments are collected and disbursed in this State. The required technical solution cannot practically be deployed in every county at the same time and, as a result, the amendments to Sections 20-7-1315, 20-7-1326, and 20-7-1328 will take effect on a county-by-county basis. The General Assembly finds that the amendments are necessary to comply with the federal requirements.

(B)   To implement procedures that will accompany deployment of the statewide disbursement unit, the Department of Social Services and the Clerks of Court shall provide notice to payors as required in subsection (C) below. The Department of Social Services and the Clerks of Court shall provide general notice to the public showing the date each county will implement the State Disbursement Unit by posting the notice required in subsection (C) on their websites. This posting constitutes notice of the effective date of the amendments to Sections 20-7-1315, 20-7-1326, and 20-7-1328.

(C)   Upon full deployment of the federally mandated single statewide system for child support, the Department of Social Services is authorized to transition to a State Disbursement Unit that will include all child and spousal support, as provided in this Act. The department and the clerks of court shall cooperate fully in developing and implementing a transition plan that meets federal requirements and avoids federal financial penalties. The department shall provide notice to each affected support payor directing the payor to make all future payments, beginning thirty days after the department's notices to the payor, to the State Disbursement Unit.

Section 20-7-1310.   The amendments to Sections 20-7-1315, 20-7-1326, and 20-7-1328 concerning direct payments to the State Disbursement Unit are effective as to all payors receiving the notice specified in Section 20-7-1300 thirty days after the date of the notice, and effective as to all new cases filed in the county after that date."

SECTION   4.   Section 20-7-1315 of the 1976 Code is amended to read:

"Section 20-7-1315.   (A)   As used in this section:

(1)   'Order for support' means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.

(2)   'Delinquency' means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.

(3)   'Arrearage' means the total amount of unpaid support obligations.

(4)   'Court' as used in this section means Family Court.

(5)   'Income' means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes:

(a)   amounts required to by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions;

(b)   amounts exempted by federal law;

(c)   public assistance payments. Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.

(6)   'Obligor' means an individual who is required to make payments pursuant to order for support.

(7)   'Obligee' means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.

(8)   'Payor' means any payor of income to an obligor. For purposes of this section, the South Carolina Employment Security Commission is not considered to be a payor.

(B)(1)   For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effective date of the order without the requirement that an arrearage accumulate. However, income is not subject to withholding if:

(a)   one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or

(b)   a written agreement is reached between both parties which provides for an alternative arrangement.

(2)   All orders for support entered or modified in the State before October 1, 1996, if not otherwise subject to wage withholding, are subject to withholding if a delinquency occurs without the need for a judicial or administrative hearing. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; however, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.

(3)   Income withholding must be initiated in all Title IV-D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this subsection, notice of the request must be provided to the obligor by the clerk of court, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court shall implement immediate income withholding.

(4)   If an obligor, whose wages are not withheld and who is not required to pay through the family court, is found to be, or is found to have been, delinquent pursuant to an order for support in an amount equal to three or more month's support obligation, the clerk of court must order the obligor's wages enrolled for wage withholding to begin immediately for the payment of the obligor's support obligation, even if the arrearage has been fully or partially paid at the time of the hearing.   (C)(1)   An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.

(2)   Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor during the period of withholding must pay this support through the court State Disbursement Unit.

(D)(1)   If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.

(2)   The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this subsection, the obligor may be served as prescribed for service in civil actions.

(3)   The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 20-7-1316, unless the obligor files a petition to stay service in accordance with subsection (E).

(E)(1)   The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 20-7-1316 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.

(2)   Filing of a petition to stay service within the ten days required under this subsection prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.

(3)   If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.

(4)   Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (E)(1), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.

(F)(1)   Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 20-7-1316.

(2)   The notice to withhold shall:

(a)   direct any payor to withhold at the obligor's regularly scheduled pay periods an amount which over the period of one month would constitute one month's support obligation plus applicable fees pursuant to this section and costs as provided by Section 20-7-1440;

(b)   direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; however, amounts to be withheld under this item and item (2)(a) may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));

(c)   direct any payor to notify the clerk if health insurance is available to the obligor for the benefit of children for whom child support is being withheld;

(d)   state the rights, responsibilities, and liabilities of the payor under this section.

(3)   The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court payment to the State Disbursement Unit with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.

(4)   If there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b)). If the payor cannot