Indicates Matter Stricken
Indicates New Matter

Pursuant to the provisions of S. 838, the Sine Die Resolution, the Senate assembled at 12:00 Noon, 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:

As the prophet, Hosea, urges: " 'Come, let us return to the Lord'."
(Hosea 6:1)

Please join me as we bow in prayer, friends:
  Gracious God, we thank You for being there with us in all the moments of our life: when we find time to relax and unwind, when we discover the world as we experience it to be unraveling around us, when we gather together to carry out Your work. You are always there, calling us back to serve You faithfully and well. Today these Senators and their staff members have themselves returned to this Chamber, O Lord, to attend to particular tasks that remain for them. Guide these leaders as they strive to determine Your will in the matters before them, doing so for the benefit of all of the citizens of this State we love. In Your name we pray, dear Lord.
Amen.

Pursuant to the provisions of S. 838, the Sine Die Resolution, an invitation was extended to the Honorable Speaker and House of Representatives to appear in the Senate Chamber on June 10, 2008, at 3:30 P.M. and the following Acts and Joint Resolution were ratified:

(R400, S. 96 (Word version)) -- Senators Sheheen and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-4155 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO AMEND THE DEFINITION OF "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; AND TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN FOOD-SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO DEFINE THE TERMS "KITCHEN", "MEAL", AND "PRIMARILY" FOR PURPOSES OF THE SECTION.
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(R401, S. 181 (Word version)) -- Senators Fair, Richardson and Hayes: AN ACT TO AMEND SECTIONS 24-13-210 AND 24-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE; TO AMEND SECTION 24-3-20, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST CONSENT TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-40, RELATING TO THE DISPOSITION OF A PRISONER'S WAGES, SO AS TO PROVIDE THAT THE PROVISIONS THAT APPLY FOR THE DISPOSITION OF WAGES OF PRISONERS HOUSED IN STATE FACILITIES APPLY TO PRISONERS BASED IN LOCAL FACILITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION 24-3-130, RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-131, RELATING TO THE SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-140, RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-160, RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-170, RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-180, RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-190, RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-310, RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISONERS" FOR THE TERM "CONVICT", AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-320, RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-330, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-340, RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-37-370, RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-400, RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-420, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION 24-3-520, RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-540, RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-550, RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-560, RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-570, RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-710, RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION 24-3-720, RELATING TO ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-740, RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-750, RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-760, RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-920, RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-930, RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-940, RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-951, RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-965, RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM "CONTRABAND"; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES ASSUMING CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL TO A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL THE JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION 24-5-110, RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION 24-5-120, RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION 24-5-170, RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAY BE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS 24-5-300, 24-5-310, 24-5-320, 24-5-330, 24-5-350, 24-5-360, 24-5-370, 24-5-380, AND 24-5-390, ALL RELATING TO DEFINITIONS, THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION 24-7-110, RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION 24-7-120, RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION 24-7-155, RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS 24-13-10, 24-13-20, 24-13-30, 24-13-40, 24-13-50, 24-13-80, 24-13-125, 24-13-150, 24-13-210, 24-13-230, 24-13-235, 24-13-260, 24-13-410, 24-13-420, 24-13-430, 24-13-440, 24-13-450, 24-13-460, 24-13-470, 24-13-640, 24-13-660, 24-13-910, 24-13-915, 24-13-940, AND 24-13-1540, ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION PROGRAM" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERM "INMATES" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAY BE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION 16-7-140, RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION 20-7-1350, AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; AND TO REPEAL SECTIONS 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, AND 24-7-150 RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING CHAPTER 5 TO TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 24-21-560, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REUSE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS; AND BY ADDING SECTION 16-17-685 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE STOLEN MONUMENTS, VASES, OR MARKERS THAT COMMEMORATE DECEASED INDIVIDUALS AND TO PROVIDE A PENALTY.
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(R402, S. 530 (Word version)) -- Senator Leatherman: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2008, SO AS TO PROVIDE FOR THE CODIFICATION IN THE CODE OF LAWS OF SOUTH CAROLINA, 1976, OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTION 8-11-193 SO AS TO AUTHORIZE HIGHER EDUCATION FURLOUGH PROGRAMS IN YEARS OF BUDGET CUTS OR ACROSS THE BOARD REDUCTIONS; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE COMMISSION, BY REGULATION, SHALL DEFINE ALTERNATIVE QUALIFICATIONS FOR AN EXCEPTIONALLY GIFTED STUDENT WHO IS A RESIDENT OF SOUTH CAROLINA AND IS ACCEPTED INTO AN INSTITUTION OF HIGHER LEARNING WITHOUT HAVING ATTENDED OR GRADUATED FROM HIGH SCHOOL; TO AMEND SECTION 59-143-10, RELATING TO THE CHILDREN'S EDUCATION ENDOWMENT, SO AS TO PROVIDE THAT ANY UNSPENT BALANCE IN THE HIGHER EDUCATION SCHOLARSHIP GRANTS ALLOCATION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND MAY BE MADE AVAILABLE FOR NEED-BASED GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS; BY ADDING SECTION 59-111-25 SO AS TO PROVIDE THAT IF A MID-YEAR BUDGET REDUCTION IS IMPOSED BY THE GENERAL ASSEMBLY OR THE STATE BUDGET AND CONTROL BOARD, THE COMMISSION ON HIGHER EDUCATION APPROPRIATIONS FOR THE LIFE SCHOLARSHIP, NEED-BASED GRANTS, AND THE PALMETTO FELLOWS SCHOLARSHIP ARE EXEMPT; TO AMEND SECTION 59-112-70, RELATING TO THE WAIVER OR ABATEMENT OF OUT-OF-STATE TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE WAIVER OF NONRESIDENT TUITION AND FEES FOR CERTAIN INTERNATIONAL STUDENTS; TO AMEND SECTION 59-112-20, RELATING TO HIGHER EDUCATION TUITION AND FEES, SO AS TO PROVIDE FOR IN-STATE RATES FOR CERTAIN GEORGIA RESIDENTS UNDER SPECIFIED CONDITIONS; BY ADDING SECTION 59-112-120 SO AS TO PROVIDE THAT TECHNICAL COLLEGES MAY OFFER IN-STATE RATES TO RESIDENTS OF BORDERING NORTH CAROLINA AND GEORGIA COMMUNITIES IF A RECIPROCAL AGREEMENT IS IN EFFECT WITH THE TWO-YEAR COLLEGES IN THESE NEIGHBORING REGIONS OR WHEN STUDENTS FROM THESE OUT-OF-STATE COMMUNITIES ARE EMPLOYED BY SOUTH CAROLINA EMPLOYERS WHO PAY SOUTH CAROLINA TAXES; BY ADDING SECTION 59-112-130 SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING WITH A LAW SCHOOL MAY OFFER FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE LAW SCHOOL STUDENT BODY; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ADD ADDITIONAL CRITERIA IN DEFINING "CRITICAL GEOGRAPHICAL AREAS" FOR THE CANCELLATION OF STUDENT LOANS AND ACCRUED INTEREST FOR PERSONS RECEIVING SUCH LOANS TO BECOME CERTIFIED TEACHERS IN AREAS OF CRITICAL NEED; BY ADDING SECTION 59-18-1130 SO AS TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED FOR PROFESSIONAL DEVELOPMENT OF EDUCATORS; TO AMEND SECTION 59-18-710, RELATING TO THE STATE ACCREDITATION SYSTEM, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE RECOMMENDATIONS REGARDING THE STATE'S ACCREDITATION SYSTEM TO THE STATE BOARD OF EDUCATION; TO AMEND SECTION 59-18-930, RELATING TO SCHOOL AND SCHOOL DISTRICT REPORT CARDS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THESE REPORT CARDS; BY ADDING SECTION 59-18-950 SO AS TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE MAY BASE RATINGS FOR SCHOOL DISTRICTS AND HIGH SCHOOLS ON CRITERIA THAT INCLUDE GRADUATION RATES, EXIT EXAMINATION PERFORMANCE, AND OTHER CRITERIA IDENTIFIED BY TECHNICAL EXPERTS AND APPROPRIATE GROUPS OF EDUCATORS AND WORKFORCE ADVOCATES; BY ADDING SECTION 59-113-47 SO AS TO PROVIDE THAT HIGHER EDUCATION TUITION GRANT FUNDS ARE EXEMPT FROM MID-YEAR BUDGET REDUCTIONS; TO AMEND SECTION 59-123-115, RELATING TO THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM, SO AS TO FURTHER PROVIDE FOR THE USE AND EXPENDITURE OF FUNDING FOR THE STATEWIDE FAMILY PRACTICE RESIDENCY SYSTEM; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO SUBSTITUTION OF PRESCRIPTION MEDICATIONS, SO AS TO PROVIDE THAT A MEDICAID RECIPIENT WHOSE PRESCRIPTION IS REIMBURSED BY THE SOUTH CAROLINA MEDICAID PROGRAM IS DEEMED TO HAVE CONSENTED TO THE SUBSTITUTION OF A LESS COSTLY EQUIVALENT GENERIC DRUG PRODUCT; BY ADDING SECTION 44-6-725 SO AS TO MAKE A PROMISSORY NOTE RECEIVED BY A MEDICAID APPLICANT, RECIPIENT, OR HIS SPOUSE IN EXCHANGE FOR ASSETS WHICH IF RETAINED BY THE APPLICANT, RECIPIENT, OR HIS SPOUSE WOULD CAUSE THE APPLICANT OR RECIPIENT TO BE INELIGIBLE FOR MEDICAID BENEFITS, FOR MEDICAID ELIGIBILITY PURPOSES, SHALL BE DEEMED TO BE FULLY NEGOTIABLE UNDER THE LAWS OF THIS STATE UNLESS IT CONTAINS LANGUAGE PLAINLY STATING THAT IT IS NOT TRANSFERABLE UNDER ANY CIRCUMSTANCES; BY ADDING ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND RESPONSIBILITIES; TO REENACT SECTION 44-1-215 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY RETAIN CERTAIN FUNDS; TO AMEND SECTION 44-7-570, RELATING TO THE MONITORING AND REGULATION OF AGREEMENTS UNDER THE HEALTH CARE COOPERATION ACT, SO AS TO PROVIDE THAT THE FEE THE DEPARTMENT IS AUTHORIZED TO CHARGE EXTENDS TO CERTIFICATES OF PUBLIC ADVANTAGE; BY ADDING SECTION 44-1-300 SO AS TO PROHIBIT THE DEPARTMENT FROM USING CERTAIN APPROPRIATIONS FOR ENFORCEMENT WHICH WOULD PROHIBIT A CHURCH OR CHARITABLE ORGANIZATION FROM PREPARING AND SERVING FOOD TO THE PUBLIC ON THEIR OWN PREMISES AT NOT MORE THAN ONE FUNCTION A MONTH OR NOT MORE THAN TWELVE FUNCTIONS A YEAR; TO AMEND SECTION 44-56-160, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO REVISE THE USE OF INTEREST ACCRUING IN THE FUND; TO AMEND SECTION 44-7-2440, RELATING TO HOSPITAL INFECTIONS DISCLOSURE ACT, SO AS TO PROVIDE THAT THE DEPARTMENT MAY PHASE-IN CERTAIN REPORTING REQUIREMENTS OF THIS ACT; BY ADDING SECTION 44-56-215 SO AS TO PROVIDE FOR THE MANNER IN WHICH FEES SHALL BE ASSESSED AGAINST HAZARDOUS WASTE GENERATORS; TO AMEND SECTION 43-26-90, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS PERTAINING TO THE COMMISSION FOR THE BLIND, SO AS TO PROVIDE THAT PROPERTY OF THE PATRIOTS POINT DEVELOPMENT AUTHORITY ALSO IS EXEMPT FROM THESE PROVISIONS; TO AMEND SECTION 46-21-40, RELATING TO LICENSES TO HANDLE SEEDS, SO AS TO REVISE THE MANNER IN WHICH THE FEES FOR THESE LICENSES ARE DETERMINED; BY ADDING SECTION 46-3-270 SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY WAIVE THE REMITTANCE OF INDIRECT COST RECOVERIES FOR THE SPECIALTY CROP GRANT SUPPORTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE COMMODITY CREDIT CORPORATION; TO AMEND SECTION 39-9-68, RELATING TO THE FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION IN REGARD TO WEIGHTS AND MEASURES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL CHARGE A FEE OF FORTY-FIVE DOLLARS AN HOUR BASED ON A FEE SCHEDULE FOR ALL CALIBRATIONS PERFORMED FOR PRIVATE SECTOR ENTITIES BY THE METROLOGY LABORATORY; BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN AND EXPEND ONE HUNDRED THOUSAND DOLLARS OF THE INTEREST FROM THE GRAIN HANDLERS GUARANTY FUND TO COVER THE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM; BY ADDING SECTION 50-9-515 SO AS TO PROVIDE THAT ANY MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS A RESIDENT OF SOUTH CAROLINA STATIONED OUTSIDE OF THE STATE, UPON PRESENTATION OF HIS OFFICIAL FURLOUGH OR LEAVE PAPERS, SHALL BE ALLOWED TO FISH AND HUNT WITHOUT PURCHASING A FISHING OR HUNTING LICENSE; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE FEE FOR CERTAIN LICENSES; TO AMEND SECTION 56-3-4510, RELATING TO SPECIAL COMMEMORATIVE LICENSE PLATES FOR THE "NONGAME WILDLIFE AND NATURAL AREAS FUND", SO AS TO REVISE THE TERMS AND CONDITIONS PERTAINING TO THE ISSUANCE OF THESE PLATES; BY ADDING SECTION 51-3-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL MAINTAIN THE FEE STRUCTURE FOR THE MAINTENANCE AND OPERATION OF THE STATE PARK SYSTEM INCLUDING DISCOUNTS WHICH MAY BE OFFERED; BY ADDING SECTION 1-7-160 SO AS TO PROVIDE THAT A DEPARTMENT OR AGENCY OF STATE GOVERNMENT MAY NOT HIRE A CLASSIFIED OR TEMPORARY ATTORNEY AS AN EMPLOYEE EXCEPT UPON THE WRITTEN APPROVAL OF THE ATTORNEY GENERAL AND AT COMPENSATION APPROVED BY HIM; BY ADDING SECTION 1-7-170 SO AS TO PROVIDE THAT A DEPARTMENT OR AGENCY OF STATE GOVERNMENT MAY NOT ENGAGE ON A FEE BASIS AN ATTORNEY AT LAW EXCEPT UPON THE WRITTEN APPROVAL OF THE ATTORNEY GENERAL AND UPON A FEE AS MUST BE APPROVED BY HIM; BY ADDING SECTION 1-7-85 SO AS TO PROVIDE THAT THE OFFICE OF THE ATTORNEY GENERAL MAY OBTAIN REIMBURSEMENT FOR ITS COSTS IN REPRESENTING THE STATE IN CRIMINAL PROCEEDINGS AND IN REPRESENTING THE STATE AND ITS OFFICERS AND AGENCIES IN CIVIL AND ADMINISTRATIVE PROCEEDINGS; BY ADDING SECTION 14-1-217 SO AS TO PROVIDE THAT THE STATE OR A PERSON ACTING ON BEHALF OF THE STATE IS NOT REQUIRED TO PAY FILING FEES IN PROCEEDINGS BROUGHT PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT; TO DESIGNATE SECTIONS 17-22-10 THROUGH 17-22-170 OF THE 1976 CODE AS THE "PRETRIAL INTERVENTION PROGRAM"; BY ADDING ARTICLE 3 TO CHAPTER 22 OF TITLE 17 SO AS TO AUTHORIZE CIRCUIT SOLICITORS TO ESTABLISH A WORTHLESS CHECK UNIT AND TO PROVIDE FOR THE OPERATION OF THE UNIT; BY ADDING SECTION 14-1-213 SO AS TO PROVIDE THAT IN ADDITION TO ALL OTHER ASSESSMENTS AND SURCHARGES REQUIRED TO BE IMPOSED BY LAW, A ONE HUNDRED DOLLAR SURCHARGE IS ALSO LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR OR FELONY DRUG OFFENSES AND TO PROVIDE THAT THESE SURCHARGES SHALL BE USED TO ESTABLISH DRUG TREATMENT COURT PROGRAMS; TO AMEND SECTION 23-6-50, RELATING TO AUDITS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO FURTHER PROVIDE THESE AUDITS AND THE USE BY THE DEPARTMENT OF CERTAIN REVENUE; BY ADDING SECTIONS 23-6-185, 23-6-187, 23-6-191, 23-6-193, AND 23-6-195 ALL SO AS TO PROVIDE FOR VARIOUS FUNDING AND ADMINISTRATIVE MATTERS OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 12-6-1140, RELATING TO SUBSISTENCE ALLOWANCES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCREASE THE ALLOWANCE; TO AMEND SECTION 56-19-420, RELATING TO THE USE OF A CERTAIN PORTION OF MOTOR VEHICLE CERTIFICATE OF TITLE FEES, SO AS TO REVISE THE USES; BY ADDING SECTION 23-6-190 SO AS TO PROVIDE THAT ALL MONIES COLLECTED IN THE DEPARTMENT OF PUBLIC SAFETY BUILDING FUND ABOVE A SPECIFIED LIMIT MUST BE UTILIZED BY THE DEPARTMENT TO SUPPORT THE HIGHWAY PATROL; TO AMEND SECTION 56-3-840, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DELINQUENCY FEES, SO AS TO REVISE THE USE OF A CERTAIN PORTION OF THESE FUNDS; BY ADDING SECTION 56-1-550 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY COLLECT A FEE NOT TO EXCEED TWENTY DOLLARS PER DOCUMENT TO EXPEDITE A REQUEST FOR COPIES OF DOCUMENTS AND RECORDS IT MAINTAINS AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION 56-3-1290, RELATING TO FEES TO TRANSFER A LICENSE PLATE, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR ITS USE; TO AMEND SECTION 56-3-620, RELATING TO REGISTRATION FEES FOR HANDICAPPED PERSONS AND OTHER REGISTRATION FEES, SO AS TO PROVIDE THAT ANNUAL LICENSE PLATE VALIDATION STICKERS WHICH ARE ISSUED FOR NONPERMANENT LICENSE PLATES ON CERTIFIED SOUTH CAROLINA PUBLIC LAW ENFORCEMENT VEHICLES MUST BE ISSUED WITHOUT CHARGE; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO QUALIFICATIONS FOR A DRIVER'S LICENSE, SO AS TO FURTHER PROVIDE FOR THE FEES FOR A COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO FEES FOR A DUPLICATE DRIVER'S LICENSE IF ONE IS LOST OR DESTROYED, SO AS TO INCREASE THE FEE AND FURTHER PROVIDE FOR THE USE OF THE REVENUE; TO AMEND SECTION 56-3-2010, RELATING TO PRIVATE PASSENGER AND PERSONALIZED LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE EXPIRATION DATE FOR CERTAIN PERSONALIZED PLATES; BY ADDING 24-1-252 SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO RETAIN PROCEEDS FROM THE SALE OF SURPLUS PRODUCTS PRODUCED BY ITS FARM PROGRAM AND TO PROVIDE FOR THE USE OF THESE FUNDS; TO AMEND SECTION 24-3-920, RELATING TO REWARDS FOR THE CAPTURE OF ESCAPED CONVICTS, SO AS TO INCREASE THE AMOUNT OF THE AWARD AND HOW FUNDS TO SUPPORT THESE AWARDS MAY BE GENERATED; TO AMEND SECTION 24-1-250, RELATING TO THE SALE OF TIMBER BY THE DEPARTMENT OF CORRECTIONS FROM ITS LANDS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH SALES, THE USE OF THE PROCEEDS, AND FOR HORTICULTURAL PRODUCT SALES BY THE DEPARTMENT; BY ADDING SECTION 24-3-45 SO AS TO PROVIDE FOR THE DEDUCTIONS FROM WAGES OF PRISONERS ENGAGED IN WORK AT PAID EMPLOYMENT IN THE COMMUNITY, AND THE MANNER IN WHICH THESE DEDUCTIONS MUST BE USED; TO AMEND SECTION 24-1-110, RELATING TO EMPLOYMENT WITHIN THE PRISON SYSTEM BY THE DIRECTOR, SO AS TO PERMIT THE DIRECTOR TO EXTEND CERTAIN SERVICES AT NO COST OR REDUCED COST TO CORRECTIONAL OFFICERS PAID FOR WITH NONAPPROPRIATED FUNDS FOR THE PURPOSE OF RETENTION; TO AMEND SECTION 24-21-480, RELATING TO THE RESTITUTION CENTER PROGRAM OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE AMOUNT PAID BY THE OFFENDER FOR HOUSING AND FOOD PER DAY; BY ADDING SECTION 24-21-87 SO AS TO PROVIDE THAT THE DEPARTMENT MAY CHARGE OFFENDERS A FEE BASED ON THE NUMBER OF MILES AND LENGTH OF TIME REQUIRED TO PERFORM AN EXTRADITION; TO AMEND SECTION 24-21-960, RELATING TO PARDONS, SO AS TO INCREASE THE PARDON APPLICATION FEE; TO AMEND SECTION 37-16-30, RELATING TO PREPAID LEGAL SERVICES SOLICITATIONS, SO AS TO INCREASE THE FEE FOR THE REQUIRED FILINGS WITH THE DEPARTMENT OF CONSUMER AFFAIRS; TO AMEND SECTION 37-2-305, RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CREDIT SALES, SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION 37-3-305, RELATING TO A CREDITOR'S MAXIMUM RATE SCHEDULE FILED WITH THE DEPARTMENT PERTAINING TO CONSUMER LOANS SO AS TO INCREASE THE FILING FEE AND PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; TO AMEND SECTION 37-6-203, RELATING TO CERTAIN NOTIFICATIONS REQUIRED TO BE FILED WITH THE DEPARTMENT BY PERSONS ENGAGED IN SPECIFIED CONSUMER ACTIVITIES, SO AS TO INCREASE THE ANNUAL FEE, AND TO PROVIDE FOR THE USE OF A PORTION OF THE FUNDS GENERATED; BY ADDING SECTION 40-7-285 SO AS TO PROVIDE THAT A PERSON LICENSED AS A COSMETOLOGIST, ESTHETICIAN, OR MANICURIST MAY PRACTICE, WITHIN THE SCOPE AUTHORIZED BY THE PERSON'S LICENSE, IN A BARBERSHOP; BY ADDING SECTION 23-10-20 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION IS AUTHORIZED TO PURCHASE AND ISSUE CLOTHING TO THE STAFF OF THE STATE FIRE ACADEMY; BY ADDING SECTION 1-23-670 SO AS TO PROVIDE THAT EACH REQUEST FOR A CONTESTED CASE HEARING, NOTICE OF APPEAL, OR REQUEST FOR INJUNCTIVE RELIEF BEFORE THE ADMINISTRATIVE LAW COURT MUST BE ACCOMPANIED BY A FILING FEE EQUAL TO THAT CHARGED IN CIRCUIT COURT FOR FILING A SUMMONS AND COMPLAINT, AND TO PROVIDE FOR THE USE OF THE FUNDS RECEIVED; BY ADDING SECTION 1-23-680 SO AS TO PROVIDE THAT THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT IS NOT REQUIRED TO REIMBURSE THE SOUTH CAROLINA LEGISLATIVE COUNCIL FOR THE COST OF THE CODE OF LAWS, CODE SUPPLEMENTS, OR CODE REPLACEMENT VOLUMES DISTRIBUTED TO THE COURT; TO AMEND SECTION 23-3-115, RELATING TO CRIMINAL RECORD SEARCHES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO INCREASE THE FEE AND PROVIDE FOR THE USE OF THE REVENUE COLLECTED, AND TO PROVIDE A REDUCED FEE FOR SEARCHES CONDUCTED FOR A CHARITABLE ORGANIZATION; BY ADDING SECTION 23-3-55 SO AS TO PROVIDE THAT ALL REVENUE GENERATED BY THE STATE LAW ENFORCEMENT DIVISION FROM THE SALE OF VEHICLES, VARIOUS EQUIPMENT, AND GASOLINE, AND INSURANCE CLAIMS DURING THE PRIOR FISCAL YEAR MAY BE RETAINED, CARRIED FORWARD, AND EXPENDED FOR THE PURPOSE OF PURCHASING LIKE ITEMS; TO AMEND SECTION 23-31-216, RELATING TO CONCEALABLE WEAPON APPLICATIONS, SO AS TO AUTHORIZE SLED TO EXPEND FEES ASSOCIATED WITH CONCEALED WEAPON APPLICATIONS; BY ADDING SECTION 1-11-495 SO AS TO PROVIDE PROCEDURES TO BE FOLLOWED BY THE STATE BUDGET AND CONTROL BOARD IN REGARD TO OPERATING DEFICITS; TO AMEND SECTION 8-11-165, AS AMENDED, RELATING TO AGENCY HEADS AND THE AGENCY HEAD SALARY COMMISSION, SO AS TO EXEMPT EMPLOYEES OF HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES FROM CERTAIN SALARY RANGE REQUIREMENTS OF THE COMMISSION; TO AMEND SECTION 8-7-90, AS AMENDED, RELATING TO LEAVE OF PUBLIC OFFICERS IN THE NATIONAL GUARD OR RESERVES, SO AS TO PROVIDE THAT A STATE EMPLOYEE IN A FULL TIME POSITION WHO SERVES ON ACTIVE DUTY IN A COMBAT ZONE AND WHO HAS EXHAUSTED ALL AVAILABLE LEAVE FOR MILITARY PURPOSES IS ENTITLED TO RECEIVE UP TO THIRTY ADDITIONAL DAYS OF MILITARY LEAVE IN ANY ONE YEAR; BY ADDING SECTION 8-1-155 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN A STATE AGENCY, OTHER THAN AN INSTITUTION OF HIGHER LEARNING, OR IF AN AGENCY ACTS TO FILL A NEW POSITION, THE AGENCY SHALL GIVE PREFERENCE TO A RESIDENT OF THIS STATE, IF THE APPLICANTS ARE EQUALLY QUALIFIED FOR THE VACANCY OR NEW POSITION; BY ADDING SECTION 1-11-497 SO AS TO PROVIDE THAT IF THE STATE BUDGET AND CONTROL BOARD OR THE GENERAL ASSEMBLY MANDATES AN ACROSS-THE-BOARD REDUCTION, STATE AGENCIES ARE ENCOURAGED TO REDUCE GENERAL OPERATING EXPENSES BEFORE REDUCTIONS ARE MADE TO PROGRAMS, SPECIAL LINE ITEMS, OR LOCAL PROVIDER SERVICES CRITICAL TO AN AGENCY'S MISSION; BY ADDING SECTION 1-1-1610 SO AS TO PROVIDE THAT AN ADMINISTRATIVE STATE AGENCY PERFORMING ADMINISTRATIVE HEARINGS WITHIN THIS STATE MAY MAKE USE OF EXISTING VIDEO CONFERENCING CAPABILITIES AND TO REQUIRE EVIDENCE THAT A COST SAVINGS WILL BE RECOGNIZED BY USING VIDEO CONFERENCING, AS OPPOSED TO HOLDING AN ADMINISTRATIVE HEARING WHERE ALL PARTIES MUST BE IN ATTENDANCE AT ONE PARTICULAR LOCATION; TO AMEND SECTION 8-21-320, RELATING TO MOTION FEES IN THE CIRCUIT AND FAMILY COURTS, SO AS TO PROVIDE FOR THE USE OF THE REVENUES GENERATED FROM THESE FEES; BY ADDING SECTION 8-17-375 SO AS TO PROVIDE THAT CERTAIN EXECUTIVE DEPARTMENT EMPLOYEES WHOSE APPOINTMENT OR EMPLOYMENT IS SUBJECT TO SENATE CONFIRMATION MAY NOT BE REASSIGNED, TERMINATED, OR HAVE THEIR COMPENSATION REDUCED, EXCEPT BY MAJORITY VOTE OF THEIR GOVERNING BOARD AND APPROVAL BY THE SENATE UPON ADVICE AND CONSENT PRIOR TO THE ACTION BEING TAKEN OR AN INTERIM APPOINTMENT BEING MADE; BY ADDING SECTION 1-11-725 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD'S EXPERIENCE RATING OF ALL LOCAL DISABILITIES AND SPECIAL NEEDS PROVIDERS MUST BE RATED AS A SINGLE GROUP WHEN RATING ALL OPTIONAL GROUPS PARTICIPATING IN THE STATE EMPLOYEE HEALTH INSURANCE PROGRAM; BY ADDING SECTION 12-4-388 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY CHARGE PARTICIPANTS A FEE TO COVER THE COST OF EDUCATION AND TRAINING PROGRAMS, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE PARTICIPANTS IN TAXPAYER EDUCATION AND INFORMATION PROGRAMS, TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A SIXTY DOLLAR FEE FOR THE ISSUANCE OF EACH CERTIFICATE OF COMPLIANCE AND A THIRTY-FIVE DOLLAR FEE FOR EACH INFORMAL NONBINDING LETTER CONCERNING ELIGIBILITY FOR INFRASTRUCTURE CREDITS AGAINST THE LICENSE TAX, AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FORTY-FIVE DOLLAR FEE FOR ENTERING INTO INSTALLMENT AGREEMENTS FOR THE PAYMENT OF TAX LIABILITIES TO DEFRAY ADMINISTRATIVE EXPENSES; BY ADDING SECTION 12-4-377 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL MAINTAIN ADEQUATE RECORDS ACCOUNTING FOR THE RECEIPT OF FUNDS FROM THE SALE OF CONFISCATED ALCOHOLIC BEVERAGES, AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED FROM THESE SALES; BY ADDING SECTION 12-4-379 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY INCUR AND PAY THE EXPENSE OF CERTAIN REQUIRED FEES FOR THE FEDERAL REFUND OFFSET PROGRAM; BY ADDING SECTION 12-4-393 SO AS TO PROVIDE THAT THE DEPARTMENT MAY CONTRACT WITH PRIVATE ENTITIES TO ESTABLISH DATA MINING AND DATA WAREHOUSING CAPABILITIES WITHIN THE DEPARTMENT TO ENHANCE COMPLIANCE AND COLLECTIONS; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY ALCOHOLIC LIQUOR PERMITS UPON A REFERENDUM VOTE SO AS TO PROVIDE THAT TEMPORARY PERMITS ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION MAY BE ISSUED IN ALL PARTS OF A MUNICIPALITY IF ANY PART OF THE MUNICIPALITY IS LOCATED IN A COUNTY WHERE THE ISSUANCE OF THESE PERMITS IS ALLOWED; BY ADDING SECTION 12-4-375 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY RETAIN AND EXPEND CERTAIN FUNDS IN EACH FISCAL YEAR FROM ITS BANKRUPTCY OPERATIONS TO DEFRAY ITS ADMINISTRATIVE COSTS, INCLUDING STAFF; BY ADDING SECTION 12-6-3930 SO AS TO PROVIDE THAT NO INTEREST, PENALTIES, OR OTHER SANCTIONS MAY BE IMPOSED ON THE ACTIVE DUTY INCOME OF MEMBERS OF THE NATIONAL GUARD AND RESERVES ACTIVATED AS A RESULT OF THE CONFLICT IN IRAQ AND THE WAR ON TERRORISM WITH REGARD TO UNDERPAYMENT OF STATE ESTIMATED INDIVIDUAL INCOME TAX PAYMENTS OF THE ACTIVE DUTY INCOME IF THE FEDERAL GOVERNMENT IS UNABLE TO WITHHOLD STATE INCOME TAXES DUE ON SUCH PAY; BY ADDING SECTION 12-4-387 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL USE AVAILABLE PERSONNEL TO CONDUCT AUDITS INVOLVING ALL TAXES TO PROMOTE VOLUNTARY COMPLIANCE AND TO COLLECT REVENUES FOR THE STATE; BY ADDING SECTION 8-13-120 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CHARGE A TEN DOLLAR FEE TO OFFSET THE COSTS OF PROGRAMS AND RELATED EXPENSES; BY ADDING SECTION 8-13-130 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO LEVY A FEE ON A PERSON WHO HAS VIOLATED THE "ETHICS, GOVERNMENT ACCOUNTABILITY AND CAMPAIGN REFORM ACT OF 1991"; BY ADDING SECTION 8-13-140 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO RETAIN FUNDS DERIVED FROM ASSESSMENTS ASSOCIATED WITH LATE FILING FEES AND TO CARRY FORWARD UNEXPENDED FUNDS INTO THE CURRENT FISCAL YEAR; BY ADDING SECTION 8-13-150 SO AS TO ALLOW THE STATE ETHICS COMMISSION TO CARRY FORWARD LOBBYIST AND PRINCIPAL REGISTRATION FEES INTO THE CURRENT FISCAL YEAR AND TO USE THE FUNDS FOR THE SAME PURPOSE; BY ADDING SECTION 22-3-330 SO AS TO PROVIDE FOR AN ASSESSMENT OF TWENTY-FIVE DOLLARS FOR SUMMONS AND COMPLAINT FILINGS IN MAGISTRATES COURT AND AN ASSESSMENT OF TEN DOLLARS ON ALL OTHER CIVIL FILINGS IN MAGISTRATES COURT, EXCEPTING RESTRAINING ORDERS, AND TO PROVIDE FOR THEIR REMITTANCE AND ALLOCATION; TO AMEND SECTION 14-1-204, AS AMENDED, RELATING TO DISTRIBUTION OF THE FILING FEE FOR COMPLAINTS AND PETITIONS IN CIVIL COURT, SO AS TO IMPOSE AN ADDITIONAL FEE OF FIFTY DOLLARS AND TO PROVIDE FOR ITS ALLOCATION; BY ADDING SECTION 14-1-210 SO AS TO PROVIDE A PROCEDURE BY WHICH THE STATE AUDITOR SHALL AUDIT AT RANDOM TREASURERS, COURTS, AND CLERKS OF COURT AUTHORIZED TO COLLECT ASSESSMENTS IN FAMILY, CIRCUIT, MAGISTRATES, AND MUNICIPAL COURTS, TO IMPOSE REPORTING REQUIREMENTS, AND TO PROVIDE FOR TRAINING FOR THE COLLECTION AND DISTRIBUTION OF SUCH ASSESSMENTS; TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY GENERAL SESSIONS COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A GENERAL SESSIONS COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION 14-1-207, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MAGISTRATES COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MAGISTRATES COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY MUNICIPAL COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT IMPOSED BY A MUNICIPAL COURT THAT A PERSON MUST PAY, AND TO REVISE THE METHOD BY WHICH THE BALANCE OF THE ASSESSMENTS IS ALLOCATED; BY ADDING SECTION 14-1-218 SO AS TO ALLOCATE THREE MILLION TWO HUNDRED THOUSAND DOLLARS TO SPECIFIED AGENCIES IN SPECIFIED AMOUNTS FROM DEPOSITS MADE FROM ASSESSMENTS FROM GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS; BY ADDING SECTION 17-3-55 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS INCURRED AND RECEIVED FOR PAYMENT AND TO PAY THESE OBLIGATIONS FROM APPROPRIATED FUNDS IN THE NEXT YEAR'S BUDGET; BY ADDING SECTION 17-3-45 SO AS TO PROVIDE FOR AN AFFIDAVIT BY WHICH A PERSON WHO HAS BEEN PROVIDED COUNSEL MUST DISCLOSE HIS ASSETS, TO PROVIDE FOR A FORTY DOLLAR APPLICATION FEE FOR APPOINTED COUNSEL SERVICES AND FOR THE ALLOCATION OF SUCH FEE REVENUE, TO PROVIDE FOR THE EXECUTION OF THE AFFIDAVIT BY A JUVENILE'S PARENT ON BEHALF OF THE JUVENILE, AND TO PROVIDE FOR A CLAIM AGAINST THE ASSETS OF THE PERSON WHO IS PROVIDED COUNSEL FOR THE COSTS OF THE PROVIDED COUNSEL; BY ADDING SECTION 43-1-710 SO AS TO MAKE AVAILABLE THE NAMES OF PERSONS BENEFITING FROM ASSISTANCE PAYMENTS FROM THE DEPARTMENT OF SOCIAL SERVICES TO OTHER STATE AGENCIES; BY ADDING SECTION 43-1-715 SO AS TO PROVIDE THAT A COUNTY MAY NOT SUPPLEMENT THE SALARY OF DEPARTMENT OF SOCIAL SERVICES EMPLOYEES; BY ADDING SECTION 43-1-720 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL ESTABLISH AND COLLECT ACCOUNTS RECEIVABLE IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS; BY ADDING SECTION 20-7-1641 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES MAY PAY THE COST OF FINGERPRINT REVIEWS FOR CERTAIN FOSTER CARE FAMILIES FROM FUNDS APPROPRIATED FOR FOSTER CARE; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 3, CHAPTER 11, TITLE 8, SO AS TO EXEMPT STAFF OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTION OF CERTAIN PERSONS FROM ARTICLE 5, CHAPTER 17, TITLE 8, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR FROM THE ARTICLE, UPON CERTAIN CONDITIONS; TO AMEND CHAPTER 21 OF TITLE 43, RELATING TO THE DIVISION AND ADVISORY COUNCIL ON AGING, SO AS TO PLACE THE COUNCIL WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA RETIREMENT SYSTEM CHAPTER, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO DESIGNATE THE OFFICE ON AGING AS BEING PART OF THE OFFICE OF THE LIEUTENANT GOVERNOR; TO AMEND SECTION 57-5-720, RELATING TO STANDARDS OF CONSTRUCTION, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM, AND TO PROVIDE THAT THOSE RELAXED STANDARDS DO NOT GIVE RISE TO LIABILITY; TO AMEND SECTION 57-3-130, RELATING TO SPECIAL PERMITS TO OPERATE VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS AND FEES ASSOCIATED WITH SUCH PERMITS, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION 57-3-150, RELATING TO MULTIPLE AND ANNUAL TRIP PERMITS, SO AS TO REVISE THE FEE FOR SUCH PERMITS; BY ADDING SECTION 23-23-120 SO AS TO DESIGNATE HOW MISCELLANEOUS REVENUE COLLECTED DURING CRIMINAL JUSTICE ACADEMY PROGRAMMING AND RETAINED BY THE CRIMINAL JUSTICE ACADEMY MUST BE EXPENDED; TO AMEND SECTION 20-7-6850, RELATING TO INTERDEPARTMENTAL AGREEMENTS, SO AS TO PROVIDE THAT REVENUE GENERATED FROM SPECIFIED AGENCIES, GRANTS, AND OTHER FUNDING MEASURES MAY BE RETAINED AND EXPENDED BY THE DEPARTMENT OF JUVENILE JUSTICE ACCORDING TO APPLICABLE REGULATIONS; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF A CHILD TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE FOR THE RELEASE OF THE CHILD PRIOR TO THE EXPIRATION OF THE DETERMINATE PERIOD UPON CERTAIN CONDITIONS, AND TO PROVIDE THAT JUVENILES DETAINED IN A TEMPORARY HOLDING FACILITY OR JUVENILE DETENTION CENTER WHO ARE SUBSEQUENTLY COMMITTED SHALL RECEIVE CREDIT TOWARDS THEIR DATE OF RELEASE OR PAROLE DEADLINE FOR TIME SPENT IN SUCH FACILITIES; TO AMEND SECTION 20-7-6855, RELATING TO SPECIAL SCHOOL DISTRICT DESIGNATION FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE AMOUNT OF FUNDS THAT THE DEPARTMENT OF JUVENILE JUSTICE RECEIVES FOR EDUCATION UNDER THE EDUCATION FINANCE ACT MUST TAKE INTO ACCOUNT THE DEPARTMENT'S TWELVE-MONTH CALENDAR AND TWO HUNDRED AND THIRTY FIVE INSTRUCTIONAL DAYS; TO AMEND SECTION 20-7-8005, RELATING TO EXCLUSIVE CARE OF CHILDREN BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A LOCAL GOVERNMENT USING DETENTION SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE MUST PAY A PER DIEM OF FIFTY DOLLARS A DAY PER CHILD, AND TO DESIGNATE THE WAY IN WHICH THESE FUNDS MUST BE EXPENDED; TO AMEND SECTION 27-18-180, RELATING TO REPORT OF UNCLAIMED PROPERTY AND NOTICES TO APPARENT OWNERS, SO AS TO FURTHER PROVIDE FOR THE NOTICE THE STATE TREASURER IS REQUIRED TO PUBLISH; TO AMEND SECTION 11-5-120, RELATING TO THE PUBLICATION OF QUARTERLY STATEMENTS BY THE OFFICE OF STATE TREASURER, SO AS TO REVISE THE WAY IN WHICH THE STATE TREASURER MUST PUBLISH BALANCE INFORMATION; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO THE REGISTRATION OF FERTILIZER, SO AS TO REVISE THE FEE SCHEDULE FOR REGISTRATION; TO AMEND SECTION 46-25-820, AS AMENDED, RELATING TO REGISTRATION FEES AND INSPECTION TAXES ON CERTAIN PACKAGES OF FERTILIZER, SO AS TO REVISE THE AMOUNT OF THE TAXES AND FEES; TO AMEND SECTION 46-26-50, AS AMENDED, RELATING TO DISTRIBUTORS OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE TO OBTAIN A PERMIT TO BECOME A DISTRIBUTOR; TO AMEND SECTION 46-26-60, AS AMENDED, RELATING TO REGISTRATION OF AGRICULTURAL LIMING MATERIALS, SO AS TO REVISE THE FEE FOR REGISTERING SUCH MATERIALS; TO AMEND SECTION 46-13-50, RELATING TO THE LICENSING OF PESTICIDE DEALERS, SO AS TO REVISE THE LICENSE APPLICATION FEE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO REVISE THE APPLICATION FEE FOR A PRIVATE APPLICATOR'S LICENSE AND A PESTICIDE APPLICATOR'S LICENSE; BY ADDING SECTION 46-25-825 SO AS TO PROVIDE FOR THE ANNUAL REGISTRATION OF FERTILIZERS AND APPLICATION AND REGISTRATION FEE PROVISIONS; TO AMEND SECTION 12-10-95, AS AMENDED, RELATING TO CREDIT AGAINST WITHHOLDING FOR RETRAINING, SO AS TO ESTABLISH AN ANNUAL RENEWAL FEE OF FIVE HUNDRED DOLLARS; TO AMEND SECTION 12-10-100, RELATING TO CRITERIA FOR DETERMINATION AND SELECTION OF QUALIFYING ENTITIES AND APPLICATION FEE SCHEDULE, SO AS TO REVISE THE FEE SCHEDULE; TO AMEND SECTION 13-1-50, AS AMENDED, RELATING TO THE ANNUAL AUDIT OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERGO A PROCEDURES AUDIT INSTEAD OF HAVING AUDITED FINANCIAL STATEMENTS, AND TO PROVIDE RELATED PROVISIONS FOR THE AUDIT; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE PURPOSE AND USE OF THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE THAT THE COUNCIL MAY RETAIN UP TO FIVE PERCENT OF THE REVENUE RECEIVED FROM THE FUND FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN UNEXPENDED OR UNCOMMITTED FUNDS AND MAY EXPEND THE FUNDS IN SUBSEQUENT FISCAL YEARS; BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT ALL STATE AGENCIES, INSTITUTIONS, COLLEGES, AND UNIVERSITIES MUST REMIT TO THE GENERAL FUND ALL REVENUE OBTAINED FROM THE ALLOWANCE OF PAY TELEPHONES ON PUBLIC PROPERTY, TO DEFINE PUBLIC PROPERTY FOR PURPOSES OF THIS SECTION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 23-1-60, RELATING TO APPOINTMENT, COMPENSATION, REMOVAL, AND TERMS OF CERTAIN LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A VOLUNTARY DEPUTY, CONSTABLE, SECURITY GUARD, OR DETECTIVE MUST BE INCLUDED UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION LAWS ONLY WHILE PERFORMING DUTIES IN CONNECTION WITH HIS APPOINTMENT, AND TO PROVIDE FOR THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS; BY ADDING SECTION 14-1-212 SO AS TO PROVIDE A TWENTY-FIVE DOLLAR SURCHARGE ON PENALTIES IMPOSED IN THE GENERAL SESSIONS, MAGISTRATES, OR MUNICIPAL COURTS FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS, TO PROVIDE A SCHEDULE BY WHICH TO ALLOCATE THESE REVENUES, AND TO ALLOW THE STATE AUDITOR TO EXAMINE THE RECORDS OF ANY JURISDICTION THAT DOES NOT TIMELY TRANSMIT THESE REVENUES; BY ADDING SECTION 6-9-135 SO AS TO PROVIDE THAT COASTAL COUNTIES AND MUNICIPALITIES MAY ADOPT THE PROVISIONS OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; TO AMEND AN ACT OF 2008 BEARING RATIFICATION NUMBER 293, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2008-2009, BY DELETING TWO PARAGRAPHS RELATING TO THE ORGANIZATION AND OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUE OF SPECIAL LICENSE PLATES, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR SUCH PLATES.
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(R403, S. 577 (Word version)) -- Senator Sheheen: AN ACT TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES COURTS IN ASSAULT AND BATTERY AND OTHER BREACH OF THE PEACE OFFENSES, SO AS TO INCREASE THE MAGISTRATES COURTS' JURISDICTION FOR ALL ASSAULT AND BATTERY OFFENSES AGAINST SPORTS OFFICIALS AND COACHES TO PROVIDE FOR A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH; BY ADDING SECTION 17-15-90 SO AS TO CREATE THE OFFENSE OF WILFUL FAILURE TO APPEAR AND PROVIDE PENALTIES BASED ON THE UNDERLYING CHARGE; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE; AND TO AMEND SECTION 22-5-110, RELATING TO MAGISTRATES' POWERS TO CAUSE THE ARREST OF CERTAIN OFFENDERS, SO AS TO REQUIRE THE ISSUANCE OF A COURTESY SUMMONS TO PERSONS CHARGED WITH A MISDEMEANOR OFFENSE REQUIRING A WARRANT SIGNED BY NONLAW ENFORCEMENT PERSONNEL.
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(R404, S. 605 (Word version)) -- Senator Grooms: AN ACT TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE; TO AMEND SECTIONS 56-3-3800, 56-3-4100, 56-3-4310, 56-3-4410, 56-3-4800, 56-3-5400, AS AMENDED, 56-3-6000, 56-3-7100, 56-3-7360, 56-3-7780, AS AMENDED, 56-3-7860, 56-3-8000, AS AMENDED, 56-3-8300, AS AMENDED, 56-3-9300, AND 56-3-9500, RELATING TO THE ISSUANCE OF AMERICAN LEGION SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, SHRINERS SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, WORLD WAR II VETERANS SPECIAL LICENSE PLATES, UNITED WE STAND SPECIAL LICENSE PLATES, AND GOD BLESS AMERICA SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THESE LICENSE PLATES TO OWNERS OF MOTORCYCLES REGISTERED IN THEIR NAMES; TO AMEND SECTIONS 56-3-8000 AND 56-3-8100, BOTH AS AMENDED, RELATING TO THE ISSUANCE OF NONPROFIT SPECIAL LICENSE PLATES AND PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY AFTER JANUARY 1, 2006, SO AS TO PROVIDE THAT EACH NEW CLASSIFICATION OF SPECIAL LICENSE PLATE CREATED PURSUANT TO EITHER OF THESE PROVISIONS MUST MEET THE REQUIREMENTS CONTAINED IN BOTH PROVISIONS, TO AMEND SECTION 56-3-8800, AS AMENDED, RELATING TO THE ISSUANCE OF WORLD WAR II SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY BE ISSUED FOR MOTORCYCLES, AND TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO IS ISSUED THIS LICENSE PLATE TO BE ASSESSED A SPECIAL BIENNIAL FEE OF TWENTY DOLLARS IN ADDITION TO THE REGULAR MOTOR VEHICLE REGISTRATION FEE; TO AMEND SECTION 56-1-130, RELATING TO BASIC AND CLASSIFIED DRIVER'S LICENSES THAT ALLOW A LICENSEE TO OPERATE CERTAIN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER WHOSE LICENSE CONTAINED IN THIS PROVISION IS RESTRICTED FROM OPERATING VEHICLES THAT EXCEED CERTAIN GROSS VEHICLE WEIGHT RATINGS INSTEAD OF GROSS VEHICLE WEIGHTS; TO AMEND SECTIONS 56-3-2540, 56-3-3500, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4600, 56-3-7300, 56-3-7750, AS AMENDED, 56-3-7780, AS AMENDED, 56-3-7910, 56-3-8000, AS AMENDED, 56-3-8600, 56-3-8710, 56-3-9000, 56-3-9100, 56-3-9400, 56-3-9500, 56-3-9600, AS AMENDED, AND SECTION 56-3-9910, RELATING TO "CONSERVE SOUTH CAROLINA" LICENSE PLATES, "PENN CENTER" LICENSE PLATES, "SOUTH CAROLINA ELKS ASSOCIATION" LICENSE PLATES, "CAROLINA PANTHERS" LICENSE PLATES, "SHARE THE ROAD" LICENSE PLATES, "HOMEOWNERSHIP: THE AMERICAN DREAM" LICENSE PLATES, "SALTWATER FISHING" LICENSE PLATES, FRATERNITY AND SORORITY LICENSE PLATES, "VIETNAM VETERANS" LICENSE PLATES, "H. L. HUNLEY SUBMARINE" LICENSE PLATES, TAX EXEMPT ORGANIZATIONS LICENSE PLATES, "DUCKS UNLIMITED" LICENSE PLATES, "NASCAR" LICENSE PLATES, "SERTOMA INTERNATIONAL" LICENSE PLATES, "SOUTH CAROLINA TECHNOLOGY ALLIANCE" LICENSE PLATES, "MORRIS ISLAND LIGHTHOUSE" LICENSE PLATES, "GOD BLESS AMERICA" LICENSE PLATES, "NO MORE HOMELESS PETS" LICENSE PLATES, AND "GOLD STAR FAMILY" LICENSE PLATES, SO AS TO PROVIDE THAT EACH OF THESE LICENSE PLATES MAY BE ISSUED TO OWNERS OF ANY VEHICLE CLASSIFIED AS A PASSENGER MOTOR VEHICLE AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUED COMMERCIAL ADVERTISEMENT BENCH PERMITS.
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(R405, S. 669 (Word version)) -- Senator Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT AN INSURER THAT IS RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM; SECTION 43-7-410, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 43-7-420, RELATING TO THE ASSIGNMENT OF RIGHTS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO PROVIDE THAT APPLYING FOR OR RECEIVING MEDICAID BENEFITS CREATES A REBUTTABLE PRESUMPTION THAT THE PERSON WAS INFORMED OF THE ASSIGNMENT OF HIS RIGHT TO THE DEPARTMENT TO RECOVER FROM A THIRD PARTY AMOUNTS PAID BY MEDICAID; TO AMEND SECTION 43-7-430, RELATING TO SUBROGATION TO THE DEPARTMENT OF THE RIGHT TO RECOVER FROM THIRD PARTIES AMOUNTS PAID BY MEDICAID, SO AS TO DELETE OBSOLETE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF AND SUPERIORITY OF THE DEPARTMENT'S SUBROGATION RIGHTS, SO AS TO DELETE OBSOLETE REFERENCES AND MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-7-460, AS AMENDED, RELATING TO RECOVERY FROM ESTATES OF MEDICAID RECIPIENTS AMOUNTS PAID FOR SERVICES THROUGH MEDICAID, SO AS TO DELETE OBSOLETE LANGUAGE, MAKE TECHNICAL CORRECTIONS, AND TO REVISE THE DEFINITION OF "IMMEDIATE FAMILY MEMBER" TO INCLUDE GRANDCHILDREN; TO AMEND SECTION 38-79-130, RELATING TO THE POWERS OF SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, INCLUDING THE POWER TO ISSUE MEDICAL MALPRACTICE POLICIES, SO AS TO AUTHORIZE THE ASSOCIATION TO INCREASE ITS POLICY LIMITS UP TO ONE MILLION DOLLARS PER CLAIM AND THREE MILLION DOLLARS FOR ALL CLAIMS IN ANY ONE YEAR UPON APPROVAL OF THE BOARD; TO AMEND SECTION 38-79-420, AS AMENDED, RELATING TO THE CREATION OF THE PATIENTS' COMPENSATION FUND, INCLUDING PAYMENT OF MEDICAL MALPRACTICE CLAIMS IN EXCESS OF POLICY LIMITS, SO AS TO AUTHORIZE THIS FUND TO ALSO MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; TO AMEND SECTION 38-79-430, RELATING TO THE CREATION OF THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 39-79-480, RELATING TO ACTIONS FOR DAMAGES ARISING OUT OF THE RENDERING OF MEDICAL SERVICES, SO AS TO PROVIDE THAT THE PATIENTS' COMPENSATION FUND ALSO MAY MAKE PAYMENTS AS OTHERWISE PROVIDED FOR IN LAW; AND TO AMEND SECTION 38-29-40, RELATING TO INSURANCE POLICIES, ANNUITY CONTRACTS, AND OTHER CONTRACTS TO WHICH THIS CHAPTER, THE "SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION", DOES OR DOES NOT APPLY, SO AS TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO POLICIES OR CONTRACTS TO THE EXTENT THAT REQUIRED ASSESSMENTS OF MEMBERS OF THE ASSOCIATION ARE PREEMPTED BY FEDERAL OR STATE LAW.
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(R406, S. 987 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-21-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT AND THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS; TO AMEND SECTION 50-21-130, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; TO AMEND SECTION 50-21-175, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES; AND TO AMEND SECTION 23-28-100, AS AMENDED, RELATING TO UNIFORMS AND EQUIPMENT OF RESERVE POLICE OFFICERS, SO AS TO PROVIDE THAT, IN THE DISCRETION OF THE CHIEF, A RESERVE OFFICER MAY WEAR PLAIN CLOTHES OR ANOTHER UNIFORM THAT IS CONSISTENT WITH HIS DUTIES.
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(R407, S. 1131 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO DELETE LIMITED LINE CREDIT INSURANCE AS A LINE OF INSURANCE WHICH AN INSURANCE PRODUCER MAY RECEIVE QUALIFICATION FOR A LICENSE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAYMENT OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; BY ADDING SECTION 38-73-1097 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTIONS 38-73-1095(C) AND 38-75-755 DO NOT APPLY UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
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(R408, S. 1376 (Word version)) -- Senators Hayes, Peeler, Gregory and Short: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R409, H. 3033 (Word version)) -- Reps. Clemmons, Mahaffey and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
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(R410, H. 3094 (Word version)) -- Reps. Brady, Haskins, Cotty, Mahaffey, Funderburk, Viers, Erickson, Hutson, Clemmons, Mulvaney, Harvin and Bedingfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-535 SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER WHO HAS BEEN CONVICTED OF CERTAIN CRIMES TO RESIDE IN CERTAIN AREAS, TO PROVIDE IF A LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT A SEX OFFENDER HAS VIOLATED THIS PROVISION, THE AGENCY MUST PROVIDE THE SEX OFFENDER WITH A LIST OF AREAS IN WHICH HE IS NOT PERMITTED TO RESIDE AND THAT HE MUST VACATE HIS RESIDENCE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE WHOSE PENALTIES EXCEED OR ARE LESS LENIENT THAN THE PENALTIES CONTAINED IN THIS SECTION, TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE CERTAIN INFORMATION REGARDING SEX OFFENDERS OR THE SEX OFFENDER REGISTRY TO THE PARENTS OR GUARDIANS OF ITS STUDENTS OR ON THE SCHOOL DISTRICT'S WEB SITE, TO PROVIDE THAT LOCAL LAW ENFORCEMENT AGENCIES MUST DETERMINE WHETHER EACH SCHOOL DISTRICT COMPLIES WITH THIS PROVISION, AND TO PROVIDE A PENALTY FOR SCHOOL DISTRICTS THAT FAIL TO COMPLY WITH THIS PROVISION; AND AMEND SECTION 23-3-470, RELATING TO A SEX OFFENDER'S FAILURE TO REGISTER AS A SEX OFFENDER, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE VIOLATION OF THIS PROVISION.
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(R411, H. 3212 (Word version)) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS BY A RESIDENT OF A RECIPROCAL STATE MUST BE HONORED IF THE RECIPROCAL STATE REQUIRES A CRIMINAL BACKGROUND CHECK AND A FIREARM TRAINING AND SAFETY COURSE AND TO DELETE THE REQUIREMENT THAT SLED DETERMINE WHICH STATES MEET THIS STANDARD.
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(R412, H. 3309 (Word version)) -- Reps. Owens, Ballentine, Duncan, Leach, Kirsh, Simrill, Gullick, Limehouse, McLeod, Witherspoon, Mahaffey, Alexander, Dantzler, Edge, Hamilton, Hayes, Jennings, Kelly, E.H. Pitts, Rice, R. Brown, Huggins, Anthony, Shoopman, Littlejohn, Harvin, Agnew, Whitmire, Moss, Pinson, Parks, Merrill, M.A. Pitts, Scarborough, Miller, Phillips, Bedingfield and Taylor: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-415 SO AS TO PROHIBIT THE PAYMENT, IMPOSITION, OR COLLECTION OF A FRANCHISE FEE WITH RESPECT TO ELECTRICAL POWER PROVIDED TO THE STATE BY A UTILITY UNDER THE "STATELINE ACCOUNTS" AND TO REQUIRE A UTILITY TO EXCLUDE SALES REVENUE ACCRUED FROM "STATELINE ACCOUNTS" WHEN CALCULATING A FRANCHISE FEE OWED TO A MUNICIPALITY.
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(R413, H. 3575 (Word version)) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
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(R414, H. 3623 (Word version)) -- Rep. Thompson: AN ACT TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTION 23-28-20, AS AMENDED, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE THEM WITH REFERENCES TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE THEM WITH REFERENCES TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE "LAW ENFORCEMENT TRAINING COUNCIL" AND TO REPLACE IT WITH A REFERENCE TO THE "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-23-10, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO DELETE THE TERM "LAW ENFORCEMENT TRAINING COUNCIL" AND REPLACE IT WITH THE TERM "CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-23-20, RELATING TO THE PURPOSE OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES; TO AMENDED SECTION 23-23-80, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY, SO AS TO DELETE THE TERM "DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL"; TO AMEND SECTION 23-3-540, AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO REVISE THE DEFINITION OF THE TERM "ACTIVE ELECTRONIC MONITORING DEVICE"; TO AMEND SECTION 23-3-430, RELATING TO THE ESTABLISHMENT OF THE STATE'S SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER WHO RECEIVES A PARDON FOR AN OFFENSE WHICH REQUIRED HIM TO REGISTER AS AN OFFENDER, OR FILES A PETITION FOR HABEAS CORPUS OR A MOTION FOR A NEW TRIAL MUST REGISTER ANNUALLY FOR THE REMAINDER OF HIS LIFE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-11-110, RELATING TO A SHERIFF'S QUALIFICATIONS, SO AS TO DELETE A REFERENCE TO SECTION 23-6-400(D)(1) AND REPLACE IT WITH A REFERENCE TO SECTION 23-23-60; TO AMEND SECTION 16-3-655, AS AMENDED, RELATING TO THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE ELEMENTS OF THE OFFENSE OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE; TO AMEND SECTION 23-23-90, RELATING TO REPORTS, DOCUMENTS, STATEMENTS, AND OTHER COMMUNICATIONS MADE OR DELIVERED PURSUANT TO THE ADMINISTRATION OF CERTAIN DUTIES OF THE LAW ENFORCEMENT TRAINING COUNCIL AND THE CRIMINAL JUSTICE ACADEMY, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THESE REPORTS, DOCUMENTS, STATEMENTS, AND COMMUNICATIONS MUST NOT BE THE SUBJECT OF OR BASIS FOR ANY ACTION, AND TO REVISE THE LIST OF PARTIES WHOSE COMMUNICATIONS ARE PROTECTED BY THIS PROVISION; AND TO AMEND SECTION 23-3-540, AS AMENDED, RELATING TO THE ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO DELETE THE PROVISION THAT ALLOWS CERTAIN INFORMATION GATHERED BY A PROBATION AGENT PURSUANT TO HIS DUTIES AS A COMMUNITY CONTROL CENTER TO BE ADMISSIBLE IN A CRIMINAL PROSECUTION.
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(R415, H. 3798 (Word version)) -- Rep. G.R. Smith: AN ACT TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO AUTHORIZE THE CHIEF OR SPIRITUAL LEADER OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO PERFORM MARRIAGE CEREMONIES.
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(R416, H. 3812 (Word version)) -- Reps. G.M. Smith, Weeks and Ceips: AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.
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(R417, H. 3912 (Word version)) -- Reps. White and Bales: AN ACT TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN'S CONSIDERATION IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT WHEN PROVIDING DOCUMENTATION OF RESIDENCY TRAINING FOR LICENSURE, A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA IS ONLY REQUIRED TO HAVE BEEN ACTIVELY LICENSED FOR THE PRECEDING FIVE YEARS, RATHER THAN THE PRECEDING TEN YEARS, AND TO PROVIDE THAT SEVENTY-FIVE PERCENT OF CONTINUING MEDICAL EDUCATION MUST BE IN A BOARD CERTIFIED APPLICANT'S AREA OF SPECIALTY IN ORDER FOR THE APPLICANT TO OBTAIN LICENSURE WITHOUT HAVING TO PASS AN EXAMINATION; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF PHYSICIANS, INCLUDING THE DEFINITION OF THE PRACTICE OF MEDICINE, SO AS TO PROVIDE THAT RENDERING A DETERMINATION OF MEDICAL NECESSITY OR A DECISION AFFECTING THE DIAGNOSIS OR TREATMENT OF A PATIENT IS NOT, UNDER CERTAIN CIRCUMSTANCES, THE PRACTICE OF MEDICINE WHEN SUCH DETERMINATION OR DECISION IS A COVERAGE DECISION DENYING HEALTH CARE SERVICES OR COVERAGE FOR A COVERED BENEFIT OR APPROVING A COVERED BENEFIT; AND BY ADDING SECTION 38-59-25 SO AS TO FURTHER SPECIFY THOSE CIRCUMSTANCES UNDER WHICH RENDERING A DETERMINATION OR MAKING A DECISION DENYING OR APPROVING HEALTH CARE SERVICES OR BENEFITS IS NOT THE PRACTICE OF MEDICINE.
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(R418, H. 4320 (Word version)) -- Reps. Whipper, Clyburn, R. Brown and Hosey: AN ACT TO AMEND SECTION 59-63-31, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO ADD THE RESIDENCE OF A CHILD IN A PARTICULAR SCHOOL DISTRICT AS A RESULT OF A PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT; BY ADDING SECTION 59-63-35 SO AS TO ALLOW NONRESIDENT MILITARY PERSONNEL TO ENROLL IN A PROGRAM TO AWARD A SOUTH CAROLINA HIGH SCHOOL DIPLOMA AND TO PROVIDE THAT NEITHER THE STATE NOR THE LOCAL SCHOOL DISTRICT SHALL BEAR THE COST OF ENROLLMENT; AND TO PROVIDE THAT A NONRESIDENT MEMBER OF THE ARMED FORCES WHO HAS MAINTAINED CERTAIN SIGNIFICANT CONTACTS WITH THE STATE IS CONSIDERED A RESIDENT FOR PURPOSES OF TITLE 59.
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(R419, H. 4344 (Word version)) -- Reps. M.A. Pitts and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 37 SO AS TO ESTABLISH THE PALMETTOPRIDE NONPROFIT CORPORATION, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO REQUIRE THAT FUNDS APPROPRIATED TO THE PROGRAM PASS THROUGH THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND BE USED FOR LITTER CONTROL AND OTHER AUTHORIZED PURPOSES.
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(R420, H. 4511 (Word version)) -- Rep. Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-187 SO AS TO ENACT "TYLER'S LAW", TO PROVIDE A CIVIL PENALTY FOR A PARENT OR GUARDIAN WHO KNOWINGLY AND WILFULLY PERMITS HIS DEPENDENT TO OPERATE A MOTOR VEHICLE WITHOUT A LEARNER'S PERMIT OR IN VIOLATION OF PERMIT RESTRICTIONS, TO PROVIDE RELATED ENFORCEMENT PROCEDURES, EXEMPTIONS, AND LIMITS ON ADMISSIBILITY OF A FINE IMPOSED UNDER THIS SECTION FOR CERTAIN OTHER PURPOSES; AND TO REPEAL SECTION 56-1-1750, RELATING TO A PHOTOGRAPH OF AN APPLICANT FOR A MOPED DRIVER'S LICENSE.
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(R421, H. 4554 (Word version)) -- Reps. Cobb-Hunter and Bedingfield: AN ACT TO AMEND SECTION 6-1-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE IMPOSITION OR INCREASE OF A BUSINESS LICENSE TAX, SO AS TO LIMIT THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE UPON REAL ESTATE LICENSEES, WITH CERTAIN EXCEPTIONS, TO PROVIDE THAT THE TAX OR FEE SHALL PERMIT THE BROKER-IN-CHARGE AND THE BROKER'S AFFILIATED ASSOCIATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS TO ENGAGE IN ALL OF THE BROKERAGE ACTIVITY DESCRIBED IN CHAPTER 57 OF TITLE 40 WITHOUT FURTHER LICENSING OR TAXING OTHER THAN STATE LICENSES, TO PROHIBIT THE REQUIREMENT OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON CERTAIN REAL ESTATE PROFESSIONALS FOR GROSS RECEIPTS UPON WHICH A TAX OR FEE HAS ALREADY BEEN PAID, TO PROVIDE THAT BROKERED TRANSACTIONS OR REAL PROPERTY IN COUNTIES OR MUNICIPALITIES OTHER THAN THOSE IN WHICH THE BROKER-IN-CHARGE MAINTAINS A PRINCIPAL OR BRANCH OFFICE CREATES A NEXUS FOR THE IMPOSITION OF A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ONLY WITH RESPECT TO GROSS RECEIPTS DERIVED FROM TRANSACTIONS OF PROPERTY LOCATED IN THAT COUNTY OR MUNICIPALITY, TO PROHIBIT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY FROM IMPOSING A LICENSE, OCCUPATION, OR PROFESSIONAL TAX OR FEE ON THE GROSS PROCEEDS OF AN AUCTIONEER LICENSED UNDER THE PROVISIONS OF CHAPTER 6, TITLE 40 FOR THE FIRST THREE AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE COUNTY OR MUNICIPALITY, UNLESS THE AUCTIONEER MAINTAINS A PRINCIPAL OR BRANCH OFFICE IN THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 5-7-30, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT IF THE PERSON OR BUSINESS TAXED PAYS A BUSINESS LICENSE TO A COUNTY OR TO ANOTHER MUNICIPALITY WHERE THE INCOME IS EARNED, THE GROSS INCOME FOR THE PURPOSE OF COMPUTING THE TAX MUST BE REDUCED BY THE AMOUNT OF GROSS INCOME TAXED IN THE OTHER COUNTY OR MUNICIPALITY; TO AMEND SECTION 40-57-180, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT ALL CERTIFIED COMMERCIAL INVESTMENT MEMBER (CCIM) DESIGNATION COURSES APPROVED BY THE CCIM INSTITUTE AND ALL GRADUATE REALTOR INSTITUTE (GRI) DESIGNATION COURSES APPROVED BY THE NATIONAL ASSOCIATION OF REALTORS MUST BE APPROVED FOR POST-LICENSING AND CONTINUING EDUCATION CREDIT UPON APPLICATION ACCOMPANIED BY APPLICABLE FEES, TO PROVIDE THAT INSTRUCTORS HOLDING CCIM DESIGNATIONS ARE APPROVED FOR INSTRUCTION IN ALL COMMERCIAL REAL ESTATE COURSES UPON APPLICATION ACCOMPANIED BY THE APPLICABLE FEES, AND TO REQUIRE THE COMMISSION TO ALLOW FOR ELECTRONIC DELIVERY INCLUDING, BUT NO LIMITED TO, THE INTERNET, VIDEOCONFERENCE, OR OTHER INTERACTIVE ELECTRONIC MEANS, OF ALL COURSES APPROVED FOR CONTINUING EDUCATION.
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(R422, H. 4745 (Word version)) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS AND TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT; AND TO ADD SECTION 6-21-185 SO AS TO PROVIDE FOR A SPECIAL PURPOSE DISTRICT TO GIVE A MORTGAGE TO SECURE A BOND OR LOAN UNDER SPECIFIC CIRCUMSTANCES.
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(R423, H. 4747 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 4 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.
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(R424, H. 4754 (Word version)) -- Reps. G.R. Smith and Hamilton: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY, THE GOVERNING BODY OF THE COUNTY, AND THE LEGISLATIVE DELEGATION OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES.
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(R425, H. 4867 (Word version)) -- Reps. Cato, Harrell, Haley and Viers: AN ACT TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO ENGAGE IN THE PRACTICE OF ACCOUNTANCY, TO RENDER CERTAIN ACCOUNTING SERVICES, AND TO USE CERTAIN ACCOUNTANCY TITLES, SO AS TO PROVIDE THAT OUT-OF-STATE LICENSEES WHO QUALIFY FOR A PRACTICE PRIVILEGE AND OUT-OF-STATE FIRMS THAT MEET CERTAIN REQUIREMENTS MAY ALSO RENDER SPECIFIED ACCOUNTING SERVICES AND USE CERTAIN TITLES WITHOUT BEING LICENSED OR REGISTERED IN THIS STATE; TO AMEND SECTION 40-2-35, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO REQUIRE ONE YEAR, RATHER THAN TWO YEARS, OF ACCOUNTING EXPERIENCE; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN ACCOUNTING SERVICES WITHOUT BEING REGISTERED; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN OUT-OF-STATE LICENSEE TO OBTAIN ACCOUNTANCY PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
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(R426, H. 4899 (Word version)) -- Reps. Edge, Ott, Crawford, Whipper, Huggins, Alexander, Anthony, Bales, Barfield, Battle, Bedingfield, Brady, Branham, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Duncan, Erickson, Funderburk, Gambrell, Govan, Gullick, Hardwick, Hayes, Hosey, Jennings, Leach, Limehouse, Mack, Mahaffey, McLeod, Moss, Mulvaney, J.H. Neal, Parks, Perry, Pinson, M.A. Pitts, Rice, Sandifer, Scott, Sellers, Shoopman, Simrill, G.M. Smith, G.R. Smith, W.D. Smith, Stavrinakis, Talley, Taylor, Thompson, Viers, White, Witherspoon and Mitchell: A JOINT RESOLUTION TO CREATE A COMMITTEE TO EXAMINE THE DELIVERY OF BEHAVIORAL HEALTH CARE SERVICES IN SOUTH CAROLINA, AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2010.
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(R427, H. 4950 (Word version)) -- Rep. Cooper: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 SO AS TO ENACT A NEW "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" AND PROVIDE THE DEFINITIONS AND ELIGIBILITY REQUIREMENTS FOR TAX CREDITS ALLOWED BY THIS CHAPTER; AND TO REPEAL CHAPTER 32 OF TITLE 6, THE FORMER "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT".
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(R428, H. 4953 (Word version)) -- Reps. Cooper, Harrell and Bingham: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 151 SO AS TO ESTABLISH THE SOUTH CAROLINA LIGHTRAIL CONSORTIUM, TO PROVIDE FOR THE GOVERNANCE OF THE CONSORTIUM, AND FOR ITS FUNDING, DUTIES, AND POWERS.
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The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
At-Large:
Gerald W. Barron, Jr., 20 Farrell Kirk Lane, Greenville, SC 29615

Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Thomas L. Harvin, Jr., 37 Woodlake Drive, Manning, SC 29102 VICE Joseph Postel

Reappointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2008, and to expire March 15, 2010
Lyman Wayne Davis, 608 North Weston Street, Fountain Inn, SC 29644

Initial Appointment, Richland County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Tomothy C. Edmond, 217 Pointer Dr., Hopkins, SC 29061 VICE Valarie Stoman-Boyd

Initial Appointment, Savannah River Site Redevelopment Authority, with the term to commence October 21, 2006, and to expire October 21, 2010
Allendale County:
Sara Louise O'Neal, P. O. Box 646, Fairfax, SC 29827 VICE Dan Cannady

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

Document No. 3213
Agency: Department of Insurance
SUBJECT: Annual Audited Financial Reporting Regulation
Received by Lieutenant Governor June 13, 2008
Referred to Banking and Insurance Committee
Legislative Review Expiration May 20, 2009

On motion of Senator PEELER, at 12:05 P.M., Senator RYBERG was granted a leave of absence for today.

On motion of Senator PEELER, at 12:05 P.M., Senator CLEARY was granted a leave of absence for today.

On motion of Senator SETZLER, at 12:05 P.M., Senator SHORT was granted a leave of absence for today.

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

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

Senators PEELER, McCONNELL, LAND, and MATTHEWS addressed the Senate with remarks.

On motion of Senator PEELER, with unanimous consent, S. 1424 was published.

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.

Whereas, for twenty-three years, the Honorable Kay Patterson has represented the citizens of District 19 in Richland County with consistent integrity in the Senate of this great State, in addition to his prior eleven years of service in the South Carolina House of Representatives, for a total of thirty-four years as a legislator; and

Whereas, born in Darlington County on January 11, 1931, the son of James and Leila Patterson, Senator Patterson was reared in Darlington and Sumter counties by his grandmothers, Mrs. Meta Patterson and Mrs. Emma Joseph. In 1949, he graduated from Lincoln High School in Sumter and began preparing himself for a long and multifaceted career, beginning with two years of work at Claflin College, where he joined Omega Psi Phi Fraternity and Edisto Lodge No. 39 Prince-Hall Masons; and

Whereas, following two years of service in the United States Marine Corps as a buck sergeant, he earned a bachelor's degree at Allen University and pursued additional education at Temple University, also attending an NDEA Institute in Black History at Atlanta University in 1963; and

Whereas, Senator Patterson received his master's degree in education from South Carolina State College in 1971, and, in more recent years, he received honorary doctor of laws degrees from both South Carolina State University and the University of South Carolina; and

Whereas, he taught for fourteen years at W.A. Perry Middle School, C.A. Johnson High School, and Benedict College and served for sixteen years as a UniServ representative for the South Carolina Education Association, from which he retired in 1986; and

Whereas, outspoken and fiery in the advocacy of causes he believes in, this long-time public servant began his career at the State House in 1974 with election to the South Carolina House of Representatives, capturing a seat he filled until 1985, when he was elected to the Senate. In 1983, he was elected by the South Carolina House Education and Public Works Committee to serve on the University of South Carolina Board of Trustees, the first African-American to be so honored since Reconstruction. In 1990, he served as chairman of the South Carolina Legislative Black Caucus; and

Whereas, Senator Patterson presently lends his expertise to five Senate committees: Banking and Insurance, Corrections and Penology, Education, Finance, and Invitations. He also serves as chairman of the Richland County Legislative Delegation and was honored in the BellSouth 2003 South Carolina African-American History Calendar; and

Whereas, married to Jean James of Pinewood, he is the father of Eric (deceased) and Pamela, as well as proud grandfather of Eric, Jr., Ashley, and Courtland. Senator Patterson is a member of St. Luke's Episcopal Church, where he has served as senior warden, secretary, and treasurer of the vestry. He is active in many civic and community organizations and is a life member of the NAACP; and

Whereas, Kay Patterson's colleagues in the Senate, understanding that he will not seek re-election, wish to express their deepest gratitude for his dedicated service to the people of District 19, as well as their sincere wishes for enjoyable challenges in the years ahead. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate, by this resolution, commend the Honorable Kay Patterson, of Richland County, for his twenty-three years of faithful service to the citizens of Senate District 19, and wish him happiness and fulfillment in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to our distinguished colleague, the Honorable Kay Patterson.

"Mr. PRESIDENT, Members of the Senate, I want you to think about your mama just for a minute. More specifically, think about your mama's cooking. I think your wives won't like this, but you'll have to agree, nobody cooks like your mama. Nobody. Everybody's mama, no matter what they cook, has a specialty. Something special that they cook that's just a little bit better than anything else they cook. For my mama, it's red velvet cake. She can cook the best red velvet cake that you've ever tasted in your life. If you sit down at the table for a piece of Sally Peeler's red velvet cake and a glass of sweet milk, everything is right with the world. So, you can just imagine when my mama called me one day and said, 'Son, I want you to stop by the house on the way down to Columbia. I've got something I want you to take.' I said, 'Ok.' So, I stopped by there and sittin' on the kitchen table was the most beautiful red velvet cake you've ever seen. I thought it was for me. 'Cause, see, it's all about me. I said, 'mama, thank you.' She said, 'I want you to take that to Columbia.' I said, 'For what?' She said, 'I want you to take that to Senator PATTERSON.' I said, 'Why?' She said, 'Because deep down inside, Senator PATTERSON loves you and Bob.' I said, 'Well, what's that got to do with me taking red velvet cake to Columbia?' She said, 'I want you to take that to Senator PATTERSON and don't you touch it on the way down there. You give it to him'."

"So, Senator PATTERSON, she was right. I know, deep down inside, you love Bob and me. And, you know, deep down inside, we love you."

"Senator Patterson, you have taken this podium time and time again. I listened to you and sometimes you made me laugh and sometimes you made me mad. But, every time, you made me think. Every time you took this podium, you made me think. And, as Senator STROM THURMOND would say: 'Really and truly, you are a credit to your community'."

"Thank you for your service."

I can tell you, from the Senator from Greenwood and myself--who have both served in the PRESIDENT Pro Tempore's position--there have been those moments--and you can recall when we have needed your advice, Senator PATTERSON--and you gave it. There have been some very difficult moments along the way; but, one of the things I think is very telling about Senator PATTERSON is that he loves this institution. How many times has he stood up for the Senate and when we got into rough moments, he would stand up and say, "Gentlemen, we need to stop and think."

One time I remember when Senator DRUMMOND was trying to get something accomplished and we were not together, Senator PATTERSON got up and said, "All he is asking you to do is to do the following." And, Senator PATTERSON explained it in a tone and a way that made us listen, because we know he sits over there in that seat, and he keeps his South Carolina Policy Council score.

You monitor every vote to make sure we know the right way to vote on specific issues. I'm always inspired by your BIPEC ratings, which have always been below the zero or minus. I think on one year, I got down there with you, and I got concerned. I said, "Senator, I am approaching your ratings in the BIPEC."

We are going to miss that. We are going to miss your humor. We are going to miss your generosity. We are going to miss your spirit here and the cohesive nature of your role in this body. I'm going to miss you, especially when I get up to criticize The State editorials, your favorite newspaper--you are always there to inspire me on.

I have served in this Senate with some greats--JOHN DRUMMOND and others. I count you as one of those people in that "great" category. You are one who came here and became part of this institution. You have loved this institution, protected it, and enriched it. This State is a better State because of your service here. We wish you the best. We are going to miss you. I hope somebody is going to get up and ask where is the Policy Council on this, because we could always depend on you for that. But I just want you to know that your great spirit is to be admired. You are about the Senate, about the people of South Carolina, and about lifting people upward.

God bless you, and we wish you good health and the best in the years to come.

Thank you.

Mr. PRESIDENT, Ladies and Gentlemen of the Senate, this is really a sad day for me because Senator PATTERSON and I were elected to the House of Representatives in 1974, and took our seats over there together in 1975. We took our seats over in the South Carolina House of Representatives, and we didn't know a thing; but, we thought we knew everything. We had a long learning experience--twenty-four years with service in the House and Senate. Senator, I want you to know that I have learned a great deal from you. You have taught me so much.

I think I speak for every member of the General Assembly who has worked with you when I say that you have been a total gentlemen the entire time you have served. You have been an enlightenment to all of us in the way you have conducted yourself. What has impressed me more than anything about the Senator from Richland--Senator PATTERSON--is that he has always been true to himself as to what he believed, and he always had the intestinal fortitude to say it--no matter if he was the only one or he had the unanimous backing of this Senate. He always had the courage to tell it like it was. And Senator, when you told it like it was, there was always a benefit for South Carolina because some of us were not strong enough to stand up and tell it like it was. You have been true to yourself, to the people of South Carolina, and as the Senator from Charleston just said, we are truly a better State because we had your guidance and your participation for twenty-four years in this General Assembly. I just don't know of another person who has added as much to the growth of South Carolina from a social standpoint.

As you know, when we came here in 1975, we were not the State we are today. We did not treat people like all of us were South Carolinians. We treated them differently. We didn't educate them like we do now. We treated certain people in this society differently than we do now. You lived through all of that, and you brought the two sides together to make one South Carolina, and you are to be commended for that. You are so important to this State and to this institution by your service - I just cannot say enough about what you have done.

As I said about Senator DRUMMOND when we talked about the Confederate flag and the decision that we made in doing that--that was hard, because men of goodwill on both sides of the issue saw that it was something that was not moving South Carolina forward and was actually causing us to be divided when we needed to be in unity with one another. You, along with the others, sat down, and we came to terms, some with tears in our eyes, but we came to terms, and we made a compromise. With the strength of your convictions and watching you move this State forward in difficult times and we do, Senator from Charleston, live in a better State because Senator KAY PATTERSON chose public service and served in this House and this Senate.

I thank you and the people of South Carolina thank you. God bless you.

It's a great day for our State but it's a sad day for me personally. Senator PATTERSON and I came to the South Carolina Senate together. I always tell people that I have many acquaintances but only three friends; and one of those friends is KAY PATTERSON. Through the last 24 years of serving with him in the Senate, sitting together you can really get to know somebody when you're listening to filibusters and long debates. We talked to each other about our hopes, our sadness, the things we want for our State. But you know, Senator PATTERSON has taught us all a great lesson--that you should stand up for what you believe. Sometimes what you believe in might not be as popular as what other members of the Senate believe in, but Senator PATTERSON stood his ground. And history will record that he has been the conscience of this Senate. When things have gone wrong, he stood up. When things have gone bad or good, whatever the side was, he served as the conscience of our Senate. And so I think that history will record that he will be one of the greatest Senators that has ever served this body.

One day KAY and I were talking and I said, "KAY, I'm taking these vitamins and I'm feeling good now. I think I might stay a little while longer." KAY said, "Man, I've had enough of this. I'm going home. Things have changed." I said, "KAY, sometimes the agenda that you and I brought here together to try and bring about change and our goal to make this State one South Carolina is hard. But, it's worth fighting for. Because when we get to the point that this is one South Carolina, all of us will be better off." And KAY said, "Keep on fighting, brother, but I'm going home."

But I can see progress, Senator, from where we used to be to where we are. And I think the leadership of this Senate will miss you; the State will miss you; and I will miss you, my friend. I will always be here and I'll be looking forward to meeting with you and talking to you. I told KAY the other day that I know when he gets home, he is going to get lonely. So I'm going to save him a page spot in my office so he can come back and legitimately be here.

So, Senator, as you go to your retirement, remember this... you will be missed; the people of this State will always miss you for your service. There is no better tribute I can say to a fellow man than this: the greatest thing that you can leave for anybody--your children, your community or your church--is an example. This gentleman, KAY PATTERSON, will leave an example of what a Senator ought to be about. Senator PATTERSON, my friend, I love you. I'll miss you; and along with the citizens of the State of South Carolina, we thank you.

Senator PATTERSON addressed the Senate.

Thank you, Mr. PRESIDENT, members of the Senate, ladies and gentlemen. My immediate family is here with me and I want to introduce them: my wife, Jean James of Pine Wood. Please stand. Oh, don't be ashamed of your husband. Stand up. My daughter, Pamela Patterson Lackey, and my sister-in-law, Audrey Snead. That's my immediate family. Thank you very much.

I guess the first thing I ought to do is let you know that I'm glad to be here. When you've reached seventy-seven years of age--pacemaker, breast cancer survivor--hell, it's good to be anywhere! I used to hear blues from Count Basie. Joe Williams would sing it and it has a part in there that says, "Nobody loves me but my momma. And she could be jivin', too!" So, I'm going to let you Senators know just like Harry Truman said, "Up here, if you want a friend, you better buy you a dog." Because nobody loves you but your momma, and she could be jivin', too!

Those are some nice things you all said about me. It kind of makes you feel like you're at your own funeral. My friend, Matt Perry, and I have been to a lot of these things where they're honoring Matt and they're honoring me. And so, Matt pulled me aside one night. He said, "Kay, you know, these things sound like funerals, don't they?" I said, "They sure as hell do!" But it's good to be here. And I noticed a lot of my friends are here, even the Supreme Court came over here. I thought you all had something to do at 2:30 today. Well, I'm going to talk until 2:30 so you better.... I see the Chief Justice, the Honorable Jean Toal, who I refer to affectionately as 'Missy.' Missy and I served in the House together one hundred years ago. Then another fellow, I served in the House with--JOHNNIE WALLER, I mean, I used to call him "Mr. Johnnie." And he called me "Mr. Kay." And we teased each other. Then my other man from Spartanburg, Don Beatty--he was in the House with me. All of you all came out of the House. But you never did make it to the real body. I mean...that's a fail area--they don't want any part...

But one of my favorite people is Frederick Douglass. Frederick Douglass was a black slave up in Maryland. And with a little bit of help from a white woman, taught himself how to read and write. He went on to become one of the spellbinding orators in America. And this is about two paragraphs, if you'd bear with me. I'll tell you something that Frederick Douglass said and I got this from The Life and Writings of Frederick Douglass. It's just two paragraphs. He said,
Let me give you a word of the philosophy of reform. The whole history of the progress of human liberty shows that all concessions yet made to her august claims, have been born of earnest struggle. The conflict has been exciting, agitating, all-absorbing, and all the time being, putting all other tumults to silence. It must do this or it does nothing. If there is no struggle then there is no progress. And any person that professes to love freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want the rain without the thunder... or the ...lightning. And They want the ocean without the...roar of its many waters.

And he goes on to say this: "It must do this or it does nothing." He goes on to say that "we want things that really sometimes we should not want and really don't realize what we're wanting." And he says,
This struggle may be a moral one, or it may be a physical one, and it may be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress. He said In the light of these ideas, Negroes will be hunted in the North, and held and flogged in the South so long as they submit to those devilish outrages, and make no resistance, either moral or physical. Men may not get all they pay for in this world, but they will certainly pay for all they get. If we ever get free from the oppressions and wrongs heaped on us, we must pay for their removal.

And this is the last line he gave us. He said: "We must do this by labor, by suffering, by sacrifice, and if needs be, by our lives and the lives of others."

These are things that we must instill into our children. My Grandmomma had raised me in Darlington County, up in the Pee Dee, Mr. Chairman of the Finance Committee. You know where the Pee Dee is. She instilled this into me, and we must instill it into our children--and that service to our country is a noble cause. I remember going into the Marine Corps back in September 1951, at Paris Island and served for two years, '51-'53. And during that time Harry Truman, my President, sent us everywhere in the world, except Korea. He didn't send us there. That's the only place he didn't send us. Sent us all up by Russia into the Black Sea, the Caspian Sea. We were on an aircraft carrier, the Midway--and later the Coral Sea. He sent us all down to Cuba to Guantanamo Bay--the boys call it "Git-mo." You read about it today--Guantanamo Bay is where they have the prisoners of war--and how they are treating the prisoners of war is against all the principles that the United States of America stands for. But that's the way we are treating them. And as I travel throughout the world, I realize, after going all over the world, that America is the best country in the world in which to live. We have people breaking into America from Canada and Mexico trying to enjoy our way of living and our lifestyle. And that's a tribute to America. And many of our legislators now who have enjoyed all of the benefits of America, they get old like me and they forget from whence they come. As James Baldwin said in The Fire Next Time, "Know from whence you come, because if you know from whence you come then there are no limits to where you can go." And they have forgotten where they came from.

Let me read something to you that I got out of the paper. This is old stuff here. This came from "The State," my favorite newspaper. I'll get to them later. This came from "The State" of Wednesday, December 12, 1984--a long time ago. And it's an article about a former senator, Steven Young of Ohio--a very conservative senator, a good man. And this is what he said. I'm going to read this to you because I can't recite all of this. It says, "One of my...favorite stories of Senator Young...was the senator's response to a constituent who complained of federal 'handouts' to the poor." The constituent is complaining. Now he'd enjoyed every handout in the world but he'd gotten old like me and had a little bit of money and a farm and he'd forgotten where he came from. And he'd started talking about handouts to the poor. "A young man lived with his parents in a low-cost public housing development." Now that's what we call the projects. That's where he lived with his parents, in Hamilton County. This is in Ohio.

He attended public-schools, rode the free school bus, enjoyed the free-lunch program. Following graduation from high school, he entered the Army and upon discharge kept his National Service Life Insurance. He then enrolled at an Ohio university, receiving his GI checks. Upon graduation, he married a public-health nurse, and bought a farm in southern Ohio with an FHA loan. Later going into the feed and hardware business -- I know somebody in here in the feed and hardware business up in Laurens. Don't I Senator Verdin? Going into the feed and hardware business in addition to farming he secured help from the Small Business Administration when his business faltered. His first baby was born in the county hospital, built in part with Hill-Burton federal funds. Then he put part of his land under the Soil bank Program and used the payments for not growing crops to help pay his debts.

His parents, elderly by now, were living comfortably in the smaller of his two farm homes, using their Social Security and Old Age Assistance checks. Medicare covering most of their doctor and hospital bills.

The senator's story had the young man receiving help from the Rural Electrification Administration, the Farmers Home Administration, the Federal Housing Administration, federal banks... National Student Loan Program, which finances children's college education. Then, a little later it was rumored that he had joined a cell of the John Birch Society and also the liberty lobby, both right-wing extremist groups. He wrote his congressman denouncing excessive government spending, Medicare, big government, the United Nations, high taxes, etc, etc.

And these are the last few lines. He said,

I believe in rugged individualism. People should stand on their own two feet, and not expect...government aid. I stand on my own two feet. I oppose all those socialistic trends you have been voting for and demand return to the free-enterprise system of our forefathers.

He had enjoyed everything that the Lord could send, and then started criticizing it. And I'm just saying, don't forget from whence we come. Don't forget.

I listened to the news last night and a couple of days ago my little sweet wife who never engages in politics, said, "Daddy, I sure hope JAKIE KNOTTS wins his seat." I said, "Well, I ain't never heard you talking about me winning a seat before." I said, "What you and JAKIE got going on?" So I joined my wife. I, too, as I hugged JAKIE this morning... I know I'm getting old now hugging a white boy but, I hugged him, because I'm glad to see him. Because he's a man of integrity and honor. And I personally don't like the idea of any outsiders sending money from New York--and Mr. Rich, sending money down here to influence elections and elect whoever they want to elect. It just kind of rubs me the wrong way. Some of you all are going home involuntarily. That's why I'm glad I can walk out of here on my own steam. You've got to "know when to hold 'em and know when to fold 'em." And I know it's time for me to fold 'em now. So I'm going home. And I hope I've done or said some things for you during my thirty-four years of service that'll help you all get along with your fellow man a little bit better next week and the weeks thereafter. So this is my last time coming through here.

It is written somewhere that, "I expect to pass through this world but once; and any good thing therefore that I can do or any kindness that I can show to any fellow creature, let me do it now. Let me not defer or neglect it, for I shall not pass this way again."

I want you all to learn to be kind to each other. To be gentlemen; or as my man who is a former senator, a long time ago, Senator Howell Heflin out of Alabama, when he was leaving the Congress he said, "We must set a new course in this Congress and across the land...a course of moderation, tolerance, responsibility and compassion. We need to return to the traditional value of being just plain neighborly." One of my favorite artists is Willie Nelson--I love to hear Willie Nelson and I know that's a surprise to some of you all in here. Oh, I know that. But you see, that's just going to my other side of the family. I got two sides you know. Obama ain't got nothing on me. That's my Kervin side coming out. I was in Darlington one time and I told them I'm a Kervin and of all those Kervins, there ain't but one Kervin that I don't ever cross who's been kind of friendly. Now I don't know her name, but she's a lady used to teach school, Senator from Darlington. She used to teach over there in Hartsville. She was Louise "something;" but she was very nice to me and someone asked me one time, said, "You a Kervin?" I said, "Well, in a sense you would say I'm a Kervin." They said, "Oh, so you're one of Granddaddy's outside children?" I said, "No, I'm one of your Grandmomma's outside children." But Willie Nelson said, "Now that the preaching is over, let the sermon of life begin." You can preach all you want, but once the preaching is over, you leave church, you ought to live it, you know. You've got to live that stuff. Ain't no need of preaching, you know, nobody wants to hear you talking about it; they want to see you living it. And that's what I tried to do. I tried to kind of keep you all in check; make you live a little bit of it, too. I remember they used to get me and want me to come to prayer meetings with them over in that little prayer room in the Gressette. I said, "No, I ain't going over there." They said, "Well, why?" I said, "Why am I going to prayer meeting with you? You all go to prayer meeting. Then you come back over here and I can't get you to vote for Mother's Day, you know?" You know, I don't need that. You don't jive me!

But these are things we ought to at least think about. At least think about them. How you treat your fellow man and try to get along with them. And you all have been nice to me. You've been nice, very nice and cordial and friendly.

I don't see my sister. Where is my sister from Chester, Senator SHORT? She ain't coming today? Got her white flowers on her desk. And my other sister, Senator CEIPS, got white flowers. I'm one of "the sisters," since my first name is KAY, K-A-Y. So, I'm one of the sisters, too. I noticed I didn't get any flowers--white flowers. So they asked me, "Why are you wearing a white suit?" I said I'm honoring my good white folks here today. As Malcolm X would say, "I'm here with my friends." One of them said, "We're sure going to miss you when you're gone." I said, "I sure as hell ain't gonna miss you." I can get along without the Senate myself, but the thing is, can the Senate get along without me? That's where you may run into a problem.

But I've enjoyed it. It's been fun. All thirty-four years. It's been fun. And they said, "Well, why are you leaving?" I said, "Well, I've just had enough of it. I'm going." I guess you can say I was pushed out. I don't know, but I think I'm leaving. Just like when I was teaching school. I enjoyed every minute, every day I saw. I enjoyed it. And I mean--I had some hoodlums, too, that I was teaching. I didn't have those nice children. I didn't have none of them. I had them hoodlums in my classroom. They said, "Well, why did you leave if you loved it so much?" I said, "Well, I did leave." I said, "I didn't drop-out. I was pushed out." They said, "What happened?" I said, "Y'all remember when the 'Thang' came?" They said, "What's the 'Thang'?" I said, "That's integration." I said, "When it came, they transferred some of the teachers to other schools." I said, "They transferred me from W. A. Perry where I taught for fourteen years to Hand Middle School." Now at Perry, we had all those hell-raisers at Perry--them hoodlums. Over at Hand we had the little nice children, you know. They were sweet. So they sent me to Hand. Well at Perry, I was the business manager, which meant I wrote all the checks upon the instruction of the principal; and I kept the books. I didn't have a homeroom assignment. I didn't have extracurricular activities. I taught around two subjects a day. So I had it made--business manager; so they sent me to Hand. So I went over to Hand that summer. Mr. Overton was the principal, Mrs. Chief Justice. Mr. Overton. So I went over there. I said