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					                                            NO. 84




                   JOURNAL

                      OF THE


                    SENATE

                      OF THE


      STATE OF SOUTH CAROLINA




REGULAR SESSION BEGINNING TUESDAY, JANUARY 11, 2011

                     _________


               TUESDAY, JUNE 14, 2011
                        Tuesday, June 14, 2011
                         (Statewide Session)

Indicates Matter Stricken
Indicates New Matter

  The Senate assembled at 12:00 Noon pursuant to the provisions of
H. 4195, the Sine Die Resolution, 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:

We read that David said to his son, Solomon:
   “ „You have many workmen: stonecutters, masons and carpenters, as
well as men skilled in every kind of work in gold and silver, bronze and
iron -- craftsmen beyond number. Now begin the work, and the Lord
will be with you.‟ ”     (I Chronicles 22:15-16)
   Let us bow in prayer before the Lord:
   Gracious Lord, how diverse and talented are Your servants here in
the Senate of South Carolina. We give You thanks, O God, for the
various strengths they bring to their task of providing leadership in this
State. As they continue their work in this place today, give each of
these Senators and their staff members Your richest blessings. Help
them all to know how grateful we are for their many gifts and for their
determination to honor and serve You, as well as the people of this
State we love. In Your holy name we pray, Lord.
Amen.

                 ADDENDUM TO THE JOURNAL
  The following remarks by Senator PEELER were ordered printed in
the Journal of April 6, 2011:

                   Remarks by Senator PEELER
  Thank you, Mr. PRESIDENT and members of the Senate.
  The Corinth Community is a community that‟s located in Cherokee
County. It‟s a community south of Gaffney between Gaffney and
Union. Like thousands of communities throughout the great State of
South Carolina it‟s filled with good, hardworking people. It‟s a small
community that has a school named Corinth Elementary School where
my mother got her first teaching job. She taught sixth grade at Corinth
Elementary School. In that community, also, is Corinth Baptist
Church. Reverend Dwight Easler is the preacher at that church.


[SJ]                                1
   This past Saturday a group from that church left Gaffney and went
over to Spartanburg to Cleveland Park to enjoy a beautiful spring day.
A group was riding a miniature train there and for some reason, the
train crashed. Reverend Easler‟s son, Benji, 6-years old, was killed
during that crash and several dozen folks were injured. The day of
happiness turned into sadness. On behalf of the Corinth community,
the greater Gaffney community, Cherokee County and Spartanburg
County I want to thank you and thank the people of the great State of
South Carolina for their condolences, prayers and continued prayers for
the families that were touched by this tragic event this past Saturday at
Cleveland Park in Spartanburg County.
   I would ask, please Mr. PRESIDENT, if you would allow the Senate
to stand for a moment of silence for Benji, his family and all the other
families that were touched by this tragic, tragic event. Please don‟t
forget the gentleman who was supposed to inspect the train. I can only
imagine the grief that is going through everyone that has been affected
by this. So, Mr. PRESIDENT, if we could stand for a moment of
silence.
   Now, Mr. PRESIDENT, I ask unanimous consent that we adjourn in
memory of Benji Easler, 6-year old from Cherokee County.
                                  ***

                ADDENDUM TO THE JOURNAL
  The following remarks by Senators McCONNELL and LOURIE
were ordered printed in the Journal of April 7, 2011:

                 Remarks by Senator McCONNELL
   Mr. PRESIDENT and members of the Senate.
   The Senator from Richland got up here and very eloquently stated
that I intended to get up and comment on the ceremony for the Fallen
Soldiers but, as I told my staff earlier, I was waiting on Senator
KNOTTS.
   I want to go a step further and tell you that you need to be sitting
where Senator LEATHERMAN and I are as they are reading those
Resolutions. You can see the sorrow in the faces and the tears from the
sorrow. Yet, when the moment comes and there is a token of
remembrance of them, you also can see the tears of joy that somebody
took the time to say, “Thank you” and to remember their sacrifice.
These are people who made the ultimate sacrifice. That is no easy
thing to have done. This is not the first ceremony that Senator
KNOTTS has put on. He not only did this for the Senate, but he did it
for South Carolina and it is something that we all should be very proud
of. He took the time -- and it was very unselfish of him. He rounded

[SJ]                               2
up the resources, he made the effort and he followed it through. At the
moment that he read the Resolution, I watched the faces of the
respective family, as well as the family whose soldier lost the pet
companion that died. You just have to be there at that moment to
experience the tears, the tissues, the looks on those faces. They
communicate a thousand words in seconds to you about the suffering
that family has gone through over that loss.
   It was a trying moment when they came to the Pledge of Allegiance
and those young children stood up there and led that Pledge after their
respective fathers or mothers. We were there because their father or
mother had died in service to this country. I was telling somebody as
we watched it, that the Pledge of Allegiance, at that moment, with those
young people leading the Senators that it was just a message that hope
is alive, and that‟s where they were moving from.
   And, so Senator KNOTTS, I want to tell you on behalf of the people
of this State -- not just those of us here in this Senate but every single
South Carolinian -- you made this State proud. You did what should
have been done -- extended a compassionate hand to those families.
It‟s just something that nothing can buy, and you just reached out to
them. These are people who made the ultimate sacrifice for freedom
and for this country, and you just made us as South Carolinians proud.
What you did embodies what is so great about this State and its people
and the Senator from Richland is correct. It is emotion in there
communicated silently through tears and through the thanks afterwards
from the families. You just have to be there. Senator from Richland,
you saw it in their faces in that balcony yesterday, and I didn‟t want to
say anything to Senator KNOTTS yesterday with the families here; but
again, Senator, it is a tremendous thing that you did at the ceremony --
with the flags, the documents and the programs. The families really
appreciated it. And in their sorrow, you gave them comfort and pride,
and this State just owes you. It‟s just a tremendous thing that you
would take the time to do that; and I want to say, “Thank you. I‟m,
proud to know you.”
   Thank you.




[SJ]                                3
                     Remarks by Senator LOURIE
   Members of the Senate.
   Senator KNOTTS, I just want to say to you, “Thank you.” For those
of you that have never attended his Fallen Soldiers Ceremony, this is
something our friend the Senator from Lexington started on his own
initiative several years ago. The PRESIDENT Pro Tempore Senator
McCONNELL and the Chairman of Senate Finance both participate.
   If you have ever had a chance to see what Senator KNOTTS does at
this ceremony and to feel the emotion he feels and expresses, it is a
heart-warming experience. Senator from Lexington, we owe you a
debt of gratitude. I sat near the front yesterday and I could feel the
emotions you were feeling. It is really the only way we recognize the
families who have lost a loved one in the war. It means so much to
them to come down to the Summit Club where Senator KNOTTS and
his staff do an excellent job. They manage this from beginning to end.
It is a very special few hours and I hope you will join me expressing a
real debt of gratitude to Senator KNOTTS. There is not a man who
cares more about the men and women in the Armed Services. Please
join me in expressing our gratitude.
                                  ***

                ADDENDUM TO THE JOURNAL
  The following remarks by Senators THOMAS and ALEXANDER
were ordered printed in the Journal of April 26, 2011:

                     Remarks by Senator THOMAS
   Mr. PRESIDENT and members of the Senate, you can find more
information on Other Funds under the Recapitulation Section of the
budget. It's the blue page about halfway through the budget. If you
turn there, you'll see toward the end of the Recapitulation Section the
totals. In the totals you'll see the General Fund numbers are $5.353
billion. Federal funds are $8.4 billion. So you can see the number,
how much the Other Funds are greater than the General Funds. That's
what we're here for today -- to deal with the General Funds. What the
chairman of Finance Committee did a couple years ago is appoint me to
begin looking into this. Finally, a joint committee has now been
appointed with the Senator from Lexington as Chairman and we have a
co-chair from the House. We at least have started the process of
review. Already I can tell you that we're getting significant results
because this is not a rubber stamp committee.
   It's a fine grid committee. A lot of these agencies have gone away
with a keen awakening that we're closely watching what they're doing
with the taxpayers‟ money. This is taxpayers‟ money; this category

[SJ]                              4
called "Other Funds." I expect to see more attention paid to this
category since it continues to grow relatively faster than the General
Fund is growing. The General Fund is taking a hit. It was at $7 billion
two years ago, through the recession, then it dropped. So that will give
you an idea of a smaller percentage of that with the General Fund. But
I'm so pleased that now the General Assembly has actually taken up
this matter.
   The Senator from Greenville, Senator FAIR, and I have had a joint
committee that we have been working from. Our staffer is more than
capable of managing that and the Other Funds Joint Committee that I
mentioned a second ago. The good news in the joint committee that
Senator FAIR and I have is that basically, the committees that we had
matched the House funding plan. Some agencies were held at their
current funding level with no cuts and no increases. There were a few
with increases.
   The Judicial Department, for instance, has a healthy Other Funds
category of funding. The Chief Justice came to us and did not request
the electronic filing system that was granted by the House. That is a $5
million system that she hopes to ultimately pay for by fees on an on-
going basis so that when a lawsuit is filed, you pay for the electronic
filing as an additional fee on top of whatever lawsuits were being put
into effect. The goal is to ultimately establish an e-file system. The $5
million the House put in, we went ahead and adopted. The Chief
Justice wanted to be immune from meatier cuts. My question to her
was, if she's immune that means other agencies could come with the
same argument. The counter-argument is she's a branch of government
just like the Governor is.
   I think there's going to be an amendment that we perhaps should
keep intact all the salaries, and they should be immune. So we protect
that department to some degree. The Attorney General's office, we
change the DOC; DJJ is the video conferencing technology. That's a
million dollars that has been put there. That will save them money and
the Attorney General also. It can be used in the PCR cases. So this
ultimately is a cost saving thing. Everybody knows that the ALJ, the
ALC division -- Administrative Law Division is obviously part of the
judicial system but not under the unified state system. There's an
argument that should be made that the ALC should be made part of the
system and then we truly would have a unified system. You can keep
that as part of a package. I'd go on to that. There are some arguments
against, many arguments for. We did try to keep the ALC -- help them
out by adding some positions because they were down so much. So
much had been added to that department. I appreciate the fact that the
Senator from Clarendon, Senator LAND, has been a stalwart on that.

[SJ]                               5
   For the Prosecution Coordination Commission we appropriated
funding for the implementation of the alcohol education program.
These funds will pay for the technology necessary to allow the
solicitor's office to electronically transfer data to a central repository at
SLED so that offenders may participate only one time in the statewide
Alcohol Education Program.
   For the Commission on Indigent Defense we were able to provide
some funding for the Civil Appointment Fund to provide representation
for children, vulnerable adults, and other indigent citizens who cannot
afford representation in the courts. We also appropriated funding for
technology needs associated with docket management, electronic filing,
and case management. We're very familiar, of course, that indigent
defense needs to keep as much a pace with prosecution as possible.
   In addition, the General Reserve Fund, Capital Reserve Fund and
debt service are funded at the required statutory and constitutional
levels.
   For the Election Commission, you'll be pleased to know that
$533,000 which was vetoed and sustained last year for county
registration board members has been restored. Many of us had
problems; many around the State had problems with board members
actually resigning just before the General Election in November. So
this has been dealt with by supplying those funds ($533,000), funding
the 2012 statewide primaries at $4 million, and including a proviso to
allow the Election Commission to contract with the political parties to
fund the presidential preference primaries. This will allow the
presidential primaries to be held using the state umbrella; they will
have the authority then to proceed legally according to state law.
   The Budget and Control Board -- the SCEIS project is finally
completed and this should take us into the 21st Century. We were well
behind, and computer systems differed from agency to agency. I have
had my doubts about any kind of computer. But I brought the
computer gurus from the agency -- the new crowd to appear before us.
They assured me they are on top of it. It's not going to become like the
old Phoenix System that we are familiar with and with which we had
all kinds of problems. That was the concern that I had. This has been
about a seven or eight-year project. And within a short period of time,
everybody‟s gotten onboard with this system this year. So finally,
everything has come together on this, Mr. Chairman. I know you'll be
pleased by that. Each agency won't be trained for $5 million -- $7
million.
   We're all familiar with the Retirement System. We did increase the
Retirement System's investment monies.                 This is somewhat
controversial. They wanted $3 million out of Other Funds to increase

[SJ]                                 6
the individuals that were involved in helping them so that they could
save money on fees that they have to pay outside. They manage now
currently -- I guess the value is $26 billion. But some say its $19
billion. Every time I see $26 billion, the Senator from Aiken, Senator
RYBERG, corrects me and says it's really $19 billion. So they started
out with $29 billion and they have some number "x." I don't quite like
the direction it's going. We had a lot of questions in full committee
about this as well as subcommittee. The Senator from Lexington asked
many of those questions about oversight. I think we have to really
maintain some oversight of that investment group. I questioned the
committee and the subcommittee. I questioned the Treasurer about his
oversight. He believes he has an oversight position here, Senator from
Lexington. I know you had questions if that was true or not. But I
want the whole group to know as far as the investment -- I'm not
talking about whether the retirement -- this is very much intermixed
with the retirement, with whether there are sufficient monies for
retirement. Obviously, they are in the retirement department fund
because these investment funds concepts are intertwined, intermixed
irrevocably. So we have to look at both at the same time. That
oversight is something that I think you're going to hear a lot about.
   Thank you.

                  Remarks by Senator ALEXANDER
   Thank you, Mr. PRESIDENT, and Members of the Senate. I rise to
give the subcommittee report for the Health and Human Services
subcommittee of the Finance committee. Senator O‟DELL, the Senator
from Anderson and Abbeville Counties, and Senator PINCKNEY from
Jasper County are also on the subcommittee. I would also like to
recognize our able staff, Angie Stoner. We appreciate the great job she
and all Senate Finance staff do for the committee.
   I have to also consider the theme we have heard this afternoon, given
the circumstances. The House acted as reasonably as they could in a lot
of the areas including the health area of the budget. So, the
subcommittee worked from that aspect.
   The Senate Finance Committee, after the recommendation of the
subcommittee, funded the Department of Health and Human Services‟
request for their maintenance efforts. Their new director, Mr. Tony
Keck, has been very much involved with us throughout this process and
he is interested in pursuing healthy outcomes. I have confidence in the
direction he has taken the agency and appreciate his efforts. And in
dealing with the Department of Disabilities and Special Needs, we are
providing $35 million in recurring funding to maintain their existing
programs.

[SJ]                               7
   In the area of mental health, we are providing $1 million to the
Department of Mental Health for crisis stabilizations. Most of the time
the crisis stabilizations are in hospital emergency rooms across the
State of South Carolina. We are also committing $3.4 million to help
them with their agency cuts. They will have a tremendous challenge
ahead of them at the Department of Mental Health.
   At DHEC, while they have agency reductions, we have dedicated $6
million to help the local health departments in the area of critical health
service, which is the front line for many of our citizens across the State
of South Carolina. We are trying to help stabilize and plug some of the
critical concerns that they have.
   The $600,000 in funding to the Human Affairs Commission is to
maintain the state EEOC program in lieu of the federal program that
would be in place if it were not for the state providing that service.
   We are also restoring some recurring funding to our special schools,
and by those special schools I mean the South Carolina School for the
Deaf and Blind, the Wil Lou Gray Opportunity School, and John de la
Howe School. The funding allows them to maximize the capacity at
each school. So many times we have seen their budget reduced. There
are certain costs associated with serving a number of students. If we
can provide them funding, they will be able to maximize their facilities
and take care of their needs at the same time. In the area of Aging in
the Lieutenant Governor‟s office, the meals program assures that the
number of senior citizens served remains level with what we are
providing in the current fiscal year. From that standpoint, we are also
providing for children‟s vaccine purchases by allotting some $1.6
million that when combined with other funding will total about $4.2
million.
   We are providing an additional $2 million to the AIDS Drug
Assistance Program. The waiting list is over 600 individuals for the
current year. Also, $2.8 million will be provided for infectious disease
prevention including $800,000 that will be provided for faith-based
initiatives. Finally we are providing $100,000 to continue the
Hemophilia Assistance Program to help offset the extremely high cost
those individuals experience.         This is -- in a snapshot-- the
subcommittee report that we submit to the Senate this afternoon in the
budget deliberations.
                                  ***

                 ADDENDUM TO THE JOURNAL
  The following remarks by Senators BRYANT and SHEHEEN were
ordered printed in the Journal of April 27, 2011:


[SJ]                                8
                     Remarks by Senator BRYANT
   Thank you, Mr. PRESIDENT and members of Senate.
   When I‟m not doing this, I‟m doing this -- counting pills. I have an
illustration y'all will find interesting. This is a name brand called
Prevacid. If you have heartburn, reflux, or an ulcer, you need
something like this. As a matter of fact, when I first got out of
pharmacy school, folks were getting operations on ulcers all the time.
They don't do that because of drugs like this. Prevacid is manufactured
by Tekeda. When you open the container, there are black and fuchsia
capsules which have the name Prevacid on each one. If Medicaid pays
for 30 capsules, the reimbursement would be in the neighborhood of
$187. There is a generic for Prevacid labeled Sandos, but, the fine print
says manufactured by, guess who? Tekeda and the name Prevacid is on
the generic capsule. If Medicaid covers for 30 generic capsules, it
would be $52.
   Nobody in their right mind, if I showed them this -- nobody in their
right mind would say I would rather spend $187. Nobody would.
They would say give me the generic. I see this a lot where brand name
companies will put their drug out. Then, when the patent expires, they
still have the brand name with high-dollar prices and they manufacture
the generic and put it in a different bottle. Not all the time, but it
happens very often.
   The Senator from Oconee, Senator ALEXANDER, has an
amendment and I will put up something which strikes the proviso
altogether. I think that is the best way to go and here is why. There are
certain times when a manufacturer will come to Medicaid and offer a
rebate. Sometimes these rebates make it cheaper to get the brand name.
Tekeda may say if we will give you a rebate to cut this $52 down to
$45 sometimes they do that.
   You have heard of the cancer patches? It is a strong narcotic. If you
need that, you need the relief. Medicaid covers the patch because the
rebate makes it cheaper than the generic patch. If we delete the proviso
altogether, that is probably the best way to go so Medicaid can take
these into consideration.
   So, Mr. PRESIDENT, I would like to move that we carry over this
amendment and take up Senator ALEXANDER's amendment. I think
his amendment gets us to where we all want to go. I got into the race
for the Senate because I want to see these things that waste money in
the pharmacy subside and so we can use that that money to provide
more services and to make our dollar be spent more wisely in the
Medicaid system.
   Thank you.
                                    ***

[SJ]                               9
                     Remarks by Senator SHEHEEN
    I know there‟s a lot of undercurrent about how long we will meet. I
appreciate the attempt to have us adjourn, Senator. Talking to some of
the members -- I won‟t say older members, but those that have been
here longer -- seasoned members, I said to them, “Do you know how
long y‟all used to spend on the budget?” Pretty much everybody said,
“We used to spend a couple of weeks.” In fact, somebody said,
“Sometimes we spent three weeks.” I appreciate the work the Senate
Finance Committee has done, especially the Chairman.
    I don‟t want us to feel like we have to give the budget second
reading today. I don‟t want us to say for some arbitrary reason we have
to finish tomorrow. If we take our time and debate this thing like it
should be debated and talk about various amendments, and if we go
into next Tuesday and Wednesday and pass a budget or don‟t, or
whatever, maybe we will get a better product. Maybe we‟ll know a
little more about the document we passed so that some of us don‟t end
up sitting on committees next year, looking into what happened and
didn‟t happen, and people saying they knew this or they didn‟t know
that.
     I just want to say this very briefly. Yes, let‟s work hard. I would
urge the body. We started at 9:00 A.M. Nobody is going to say we
didn‟t put in time today. I‟m happy to start at 9:00 A.M. tomorrow
morning. Let‟s not say we have to be here until midnight or 1:00 A.M.
or 2:00 A.M., when we make bad decisions or do things we really
probably should be doing. Let‟s try to do orderly work and finish in a
reasonable amount of time.
                                    ***

                ADDENDUM TO THE JOURNAL
  The following remarks by Senator BRYANT were ordered printed in
the Journal of May 18, 2011:

                     Remarks by Senator BRYANT
   Thank you, Mr. PRESIDENT and members of the Senate. When I
look over this amendment and what we've heard about this amendment
-- I want to tell you a little story about my older brother who had a very
successful used car business. He sold some of these cars on credit --
some paid by the week, some by the month or whatever. One of those
individuals was really behind on making his payments. He called my
brother and said, “Craig, I'm going to be in tomorrow to make my
payment.” My brother's response was, “I‟m going to be the blue man
in the corner holding my breath waiting on that payment to come in.”

[SJ]                               10
   Mr. PRESIDENT and members of the Senate, when I was told that
this amendment would lead to a tax cut for business, my response was
that I‟m going to be the blue guy back there waiting on the tax cut to
come. My side is hurting. That's the best joke I‟ve heard on this
Senate floor. There is no way that this amendment is going to lead to a
tax cut for small business, or any business. If we wanted to cut taxes
on business, then we need to cut taxes on business. I want to remind
the body that with the $100 million we're paying off debt. We're doing
the responsible thing when we found that extra money. We're doing
what every one of you would do sitting at your kitchen table, if you
budgeted, and you found some extra money and you owed nearly a
billion dollars.
   We need to put that $100 million, in my opinion, toward debt. We
could put it toward some of these unfunded liabilities, which is a tax
cut for the future. We could put it toward paying off the deficit in the
prepayment tuition plan. I'm told we could close that account for good.
Wouldn't you like to go home to your district and say, “Not only did we
pay off debt, we retired one.” We closed an account, never to come
back again. That's what we could do. When we put that $100 million
toward federal debt on the unemployment insurance, we're going to see
an 18% tax cut to every employer in this State. Every employer in this
State will see an 18% unemployment tax cut.
    If we were to put this $105 million toward that same federal debt,
just think of the relief that all the employers that we represent would
see. That would be a tax cut, I would guess -- that would be close to
30%. What happens when you cut taxes on business? When you cut
taxes on business, you increase their ability to hire. We need to
remember when we say “no” in the Senate, we're saying “yes” to the
taxpayer at home. The taxpayer can't send lobbyists down here to sit
at the trough and ask for a line item in the budget. They‟re working
every day -- working hard, trying to pay their bills. A lot of our
constituents are out of work. Close to 10% of South Carolinians are
looking for work.
   What would happen if we took some of this money or all of this
money and applied it to the debt that we owe the federal government on
unemployment? What would happen? We are guaranteed -- we're
guaranteed a tax cut to business. I would rather do something like that
than to spend this money, cross our fingers, close our eyes and wait on
this biscuit that will never come. The businesses in South Carolina will
never get a tax cut as a result of this amendment. I'm reminded that
$100 million in this budget to cut taxes for business, for every dollar
we spend, doesn't even come up to half a penny in tax relief. In a 20-


[SJ]                              11
plus billion dollar budget for every dollar we have, a half a penny goes
toward tax cuts. That is absurd.
   We represent two groups of people here. Basically, we represent the
taxpayer and we represent those who want us to spend the money. And
I think we just forget about those at the trough. We‟ve got the trough
dwellers. Every time we say “no” to the trough dweller, we're saying
“yes” to the taxpayer, and it's about time we say “yes” to the taxpayer.
Senator DAVIS has amendments that have one-time tax relief. He has
amendments that lift off that cap. If we lift off the cap, we're going to
get close to the 30% unemployment tax relief that every employer in
this State will see. Some call that a bailout. I can't imagine how a
general tax cut to every employer in this State is a bailout. That makes
no sense to me.
   Thank you.
                                  ***

                  ADDENDUM TO THE JOURNAL
   The following remarks by Senator ALEXANDER were ordered
printed in the Journal of May 26, 2011:

                  Remarks by Senator ALEXANDER
   Thank you, Mr. PRESIDENT and members of the Senate.
   This Thursday, hopefully, we will be going home. We'll have the
opportunity to celebrate Memorial Day weekend back in our districts.
As the Chaplain said in his special prayer and as he talked about those
that have gone before us, I can't help but think here on this Thursday
before Memorial Day that we owe a special debt of gratitude to our
veterans and to those who have served and are serving in uniform -- the
men and women who are giving so many sacrifices. We need to
remember especially on Memorial Day those who gave the ultimate
sacrifice -- those who gave the ultimate sacrifice for the freedoms we
enjoy.
   There are a couple of things I wanted to say in conjunction with
Memorial Day and to those that we'll be recognizing this weekend.
The first item is from Red Skelton. Looking around this Chamber, most
of us are old enough to remember Red Skelton and his being a
comedian. What you may not realize and I didn‟t realize was that he
was a great artist, a colorful artist as well until our family had some
clowns that he'd actually drawn. He did some portraits and writings that
I want to share with you. We recite our Pledge of Allegiance and take
it very seriously. I thought it would be appropriate to read you
something that Red Skeleton wrote or at least commented on.


[SJ]                               12
   Mr. Skelton said, “I remember this one teacher. To me, he was the
greatest teacher, a real sage of my time. He had such wisdom. We
were all reciting the Pledge of Allegiance, and he walked over. Mr.
Lasswell was his name… he said, “I‟ve been listening to you boys and
girls recite the Pledge of Allegiance all semester and it seems as though
it is becoming monotonous to you. If I may, may I recite it and try to
explain to you the meaning of each word?
   I -- me, an individual, a committee of one.
   Pledge -- dedicate all of my worldly goods to give without self-pity.
   Allegiance -- my love and my devotion.
   To the Flag -- our standard, Old Glory, a symbol of freedom.
Wherever she waves, there is respect because your loyalty has given
her a dignity that shouts freedom is everybody‟s job.
   Of the United -- that means that we have all come together.
   States -- individual communities that have united into 48 great
states. 48 individual communities with pride and dignity and purpose,
all divided with imaginary boundaries, yet united to a common
purpose, and that‟s love for country.
   Of America.
   And to the Republic -- a state in which sovereign power is invested
in representatives chosen by the people to govern. And government is
the people and it‟s from the people to the leaders, not from the leaders
to the people.
   For which it stands.
   One nation -- meaning, so blessed by God.
   Indivisible -- incapable of being divided.
   With liberty -- which is freedom and the right of power to live one‟s
own life without threats or fear or some sort of retaliation.
   And Justice -- the principle or quality of dealing fairly with others.
   For all -- which means it‟s as much your country as it is mine.

Since I was a small boy, two states have been added to our country and
two words have been added to the Pledge of Allegiance -- „Under
God‟.” [Red Skelton]

  I thought that would be appropriate because it is our military that
serves under our flag that represents America -- our individual states
but united as one. I would like to conclude my remarks by reading this
poem to show my appreciation to those who have served, who are
serving, who will serve and who gave that ultimate sacrifice. I do not
know the author.

  “It is the veteran

[SJ]                               13
  Not the preacher
  That has given us freedom of religion,

  It is the veteran
  Not the reporter
  That has given us freedom of press.

  It is the veteran
  Not the Poet
  That has given us the freedom of speech.

  It is the veteran
  Not the campus organizer
  That has given us the freedom to assemble.

  It is the veteran
  Not the lawyer
  That has given us the right to a fair trial.

  It is the veteran
  Not the politician
  That has given us the right to vote.

  It is the veteran
  That salutes the flag
  And it is the veteran
  Who serves under the flag.”

   So, as we go about doing our work, may we give thanks for all the
veterans and those that gave the ultimate sacrifice for their willingness
to stand for America, for the great love we love and care about as we
go into this Memorial Day weekend.
   Thank you, Mr. PRESIDENT.
                                 ***

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

             MESSAGE FROM THE GOVERNOR
Columbia, S.C., June 7, 2011

Mr. President and Senators:
    I am vetoing and returning without my approval S. 211, R 57:

[SJ]                                 14
  (R57, S211) -- Senators Matthews, Land, Leatherman, Leventis,
Hutto, Williams, Ford and McGill: AN ACT TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 54 TO TITLE 11 SO AS TO ESTABLISH THE “I-95
CORRIDOR AUTHORITY ACT” AND TO PROVIDE FOR THE
COMPOSITION, DUTIES, AND POWERS OF THE AUTHORITY.
Respectfully submitted,
Nikki R. Haley
Governor
  Received as information.

  The veto was ordered placed on the Calendar for consideration
tomorrow.

             MESSAGE FROM THE GOVERNOR
Columbia, S.C., June 7, 2011

Mr. President and Senators:
    I am vetoing and returning without my approval S. 877, R 72:
    (R72, S877) -- Senator Pinckney: AN ACT TO AUTHORIZE
THE BOARD OF TRUSTEES OF HAMPTON COUNTY SCHOOL
DISTRICT NO. 2 OF HAMPTON COUNTY TO ISSUE GENERAL
OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS
CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, TO
DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND
RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT
FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE
CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED
AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE
EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT
OF THE BONDS.
Respectfully submitted,
Nikki R. Haley
Governor
  Received as information.

  The veto was ordered placed on the Calendar for consideration
tomorrow.

             MESSAGE FROM THE GOVERNOR
  The following appointments were transmitted by the Honorable
Nikki Randhawa Haley:


[SJ]                          15
                      Local Appointments
  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Nancy Devine, 121 Wilson Rd., Williamston, SC 29697

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Wynee D. Eubanks, 107 Hillandale Rd., Pendleton, SC 29670

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Denise Malone, 803 Concord Ave., Anderson, SC 29621

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Jerry C. Mulliken, 2301 Six & Twenty Road, Pendleton, SC 29670

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  William D. Sharp, 2404 East North Avenue, Anderson, SC 29625

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  S. Thompson Tucker III, 230 Grace Lane, Piedmont, SC 29623

  Initial Appointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  J. Wesley White, 606 Glenwood Avenue, Anderson, SC 29625 VICE
Sammy Buchanan

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Ronald W. Whitman, 2601 Saxony Drive, Anderson, SC 29621

  Reappointment, Charleston County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Jacquetta Porter Jones, 5868 Octavia Avenue, Ravenel, SC 29470

  Initial Appointment, Florence County Magistrate, with the term to
commence April 30, 2010, and to expire April 30, 2014
  Tommy George Mourounas, 607 Beaverdam Drive, Florence, SC
29501 VICE John Floyd, Jr. (resigned)


[SJ]                            16
  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Harold W. Copeland, 2961 Hurricane Church Road, Clinton, SC
29325

  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Thomas L. Copeland, 112 Edgewood Circle, Clinton, SC 29325

  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Paul D. Lyles, 3538 Hwy. 221 South, Laurens, SC 29360

                          Leave of Absence
  On motion of Senator LOURIE, at 12:05 P.M., Senator SHEHEEN
was granted a leave of absence for the week.

                     Leave of Absence
 On motion of Senator CAMPSEN, at 12:05 P.M., Senator
CAMPBELL was granted a leave of absence for today and tomorrow.

                          Leave of Absence
  At 1:45 P.M., Senator DAVIS requested a leave of absence
beginning at 3:00 P.M. and lasting until 10:00 A.M. in the morning.

                          Leave of Absence
  On motion of Senator BRYANT, at 3:00 P.M., Senator GREGORY
was granted a leave of absence for the remainder of the week.

                         Leave of Absence
  At 5:30 P.M., Senator SETZLER requested a leave of absence until
10:00 A.M. in the morning.

                         Leave of Absence
  At 5:30 P.M., Senator KNOTTS requested a leave of absence until
10:00 A.M. in the morning.

                         Leave of Absence
  At 6:00 P.M., Senator JACKSON requested a leave of absence until
11:00 A.M. in the morning.




[SJ]                            17
                         Leave of Absence
  At 7:05 P.M., Senator SCOTT requested a leave of absence from
10:00 A.M. - 1:00 P.M. tomorrow.

                Expression of Personal Interest
  Senator SCOTT rose for an Expression of Personal Interest.

               Expression of Personal Interest
  Senator MASSEY rose for an Expression of Personal Interest.

                          OBJECTION
  H. 3066 -- Reps. G.R. Smith, Daning, Ballentine, Harrison, Allison,
Hamilton, G.M. Smith, Bingham, Long, Henderson, Erickson, Horne,
Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D.C. Moss,
Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge: A
BILL TO ENACT THE “SOUTH CAROLINA RESTRUCTURING
ACT OF 2011” INCLUDING PROVISIONS TO AMEND SECTION
1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE AGENCIES OF THE
EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING
THE DEPARTMENT OF ADMINISTRATION; BY ADDING
SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT
OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE
BRANCH OF STATE GOVERNMENT TO BE HEADED BY A
DIRECTOR APPOINTED BY THE GOVERNOR UPON THE
ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND
TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT
CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET
AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND
OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL
AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE
ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO
PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE
DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO
BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO
AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55,
1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90,
1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250,
1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS
AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435,
2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED,
10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS
AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610,

[SJ]                             18
11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS
AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS
AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED,
44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40,
48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460;
AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS
AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM
THEM TO THE ABOVE PROVISIONS PERTAINING TO THE
NEW DEPARTMENT OF ADMINISTRATION OR TO
SUPPLEMENT SUCH PROVISIONS.
   Senator SHANE MARTIN asked unanimous consent to be granted
leave to include the Bill in the matters that could be considered under
H. 4195, the Sine Die Resolution.
   Senator KNOTTS objected.

               Expression of Personal Interest
  Senator LEATHERMAN rose for an Expression of Personal Interest.

               Expression of Personal Interest
  Senator KNOTTS rose for an Expression of Personal Interest.

                        Remarks to be Printed
  On motion of Senator LOURIE, with unanimous consent, the
remarks of Senator KNOTTS, when reduced to writing and made
available to the Desk, would be printed in the Journal.

       INTRODUCTION OF BILLS AND RESOLUTIONS
  The following were introduced:

   S. 957 -- Senators Matthews, Grooms and Pinckney: A SENATE
RESOLUTION TO RECOGNIZE AND HONOR COUNCILMAN
FRED E. "TED" PARKER, FORMER MAYOR PRO TEMPORE OF
WALTERBORO, UPON THE OCCASION OF HIS RETIREMENT
FROM THE WALTERBORO CITY COUNCIL AND TO
COMMEND HIM FOR HIS MANY YEARS OF FAITHFUL AND
DEDICATED SERVICE TO THE CITIZENS OF THE CITY OF
WALTERBORO.
l:\council\bills\rm\1267cm11.docx
   The Senate Resolution was adopted.

  S. 958 -- Senators Matthews, Grooms and Pinckney: A SENATE
RESOLUTION TO RECOGNIZE AND HONOR COUNCILMAN
FRANKLIN R. SMALLS UPON THE OCCASION OF HIS

[SJ]                              19
RETIREMENT FROM THE WALTERBORO CITY COUNCIL AND
TO COMMEND HIM FOR HIS MANY YEARS OF FAITHFUL
AND DEDICATED SERVICE TO THE CITIZENS OF THE CITY
OF WALTERBORO.
l:\council\bills\rm\1266cm11.docx
   The Senate Resolution was adopted.

   S. 959 -- Senator L. Martin: A CONCURRENT RESOLUTION TO
RECOGNIZE AND COMMEND PENDLETON DISTRICT
COMMISSION ON THE OCCASION OF THEIR FORTY-FIFTH
YEAR OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
l:\s-res\lam\026pend.mrh.lam.docx
   The Concurrent Resolution was adopted, ordered sent to the House.

   S. 960 -- Senators Jackson, Courson, Scott and Lourie: A SENATE
RESOLUTION TO RECOGNIZE AND HONOR P. MICHAEL
CINNAMON FOR THIRTY-SIX YEARS OF SERVICE TO THE
CITIZENS OF RICHLAND COUNTY.
l:\council\bills\gm\24877htc11.docx
   The Senate Resolution was adopted.

   S. 961 -- Senators Lourie, Alexander, Anderson, Bright, Bryant,
Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis,
Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts,
Land, Leatherman, Leventis, Malloy, L. Martin, S. Martin, Massey,
Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney,
Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman,
Thomas, Verdin and Williams: A SENATE RESOLUTION TO
CONGRATULATE SOUTH CAROLINA SENATOR LUKE
ALLSBROOK RANKIN AND HIS BRIDE, LINDSEY GIBSON
BONDS, ON THEIR RECENT WEDDING CEREMONY OF MAY
28, 2011, AND TO EXTEND BEST WISHES TO THE COUPLE FOR
A JOYFUL MARRIED LIFE TOGETHER.
l:\council\bills\rm\1226cm11.docx
   The Senate Resolution was adopted.

  S. 962 -- Senators McConnell, Hayes, L. Martin, Alexander, Ryberg,
Campsen, Courson, Bright, Bryant, Rose, S. Martin, Thomas,
Leatherman and Peeler: A CONCURRENT RESOLUTION TO
PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF
THE CONSTITUTION OF THIS STATE, 1895, EACH HOUSE
AGREES,       BY     THE    VOTE       REQUIRED        BY      THIS
CONSTITUTIONAL PROVISION, TO RECEDE FROM THE

[SJ]                            20
OTHER HOUSE FOR LESS THAN OR MORE THAN THIRTY
DAYS AS THE CASE MAY BE, THAT EACH HOUSE AGREES
TO EXTEND THE 2011 REGULAR SESSION TO CONSIDER
CERTAIN MATTERS DURING CERTAIN TIME PERIODS, AS
PROVIDED BY THIS RESOLUTION, AND IF NOT ADJOURNED
EARLIER, EACH HOUSE SHALL STAND ADJOURNED SINE DIE
DECEMBER 1, 2011.
l:\s-res\gfm\004sine.mrh.gfm.docx
   Senator McCONNELL spoke on the Resolution.

  The Concurrent Resolution was introduced and referred to the
Committee on Judiciary.

   S. 963 -- Senator Matthews: A SENATE RESOLUTION TO
RECOGNIZE AND HONOR THE ACCOMPLISHMENTS OF
JOANN LOVELESS, AND TO CONGRATULATE HER UPON HER
REELECTION AS GRAND BASILEUS OF SIGMA GAMMA RHO
SORORITY, INC.
l:\council\bills\gm\24879sd.docx
   The Senate Resolution was adopted.

   S. 964 -- Senator S. Martin: A SENATE RESOLUTION TO
EXPRESS THE PROFOUND SADNESS OF THE MEMBERS OF
THE SOUTH CAROLINA SENATE UPON LEARNING OF THE
LOSS OF MR. ROBERT LANCASTER SMITH, AND TO EXTEND
THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY
FRIENDS.
l:\s-res\srm\014smit.mrh.srm.docx
   The Senate Resolution was adopted.

             REPORT OF STANDING COMMITTEE
  Senator MALLOY from the Committee on Judiciary submitted a
favorable with amendment report on:
  S. 815 -- Senators McConnell, Ford, L. Martin, Hutto, Malloy,
Cleary and Shoopman: A BILL TO AMEND SECTION 1-1-715,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ADOPTION OF THE UNITED STATES CENSUS, SO AS TO
ADOPT THE UNITED STATES CENSUS OF 2010 AS THE TRUE
AND CORRECT ENUMERATION OF INHABITANTS OF THIS
STATE; TO ADD SECTION 2-1-70, SO AS TO ESTABLISH
ELECTION DISTRICTS FROM WHICH MEMBERS OF THE
SOUTH CAROLINA SENATE ARE ELECTED COMMENCING
WITH THE 2012 GENERAL ELECTION; TO REPEAL SECTION

[SJ]                          21
2-1-75 RELATING TO ELECTION DISTRICTS FROM WHICH
MEMBERS OF THE SENATE WERE FORMERLY ELECTED;
AND TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE
SENATE AS THE APPROPRIATE OFFICIAL OF THE
SUBMITTING AUTHORITY TO MAKE THE REQUIRED
SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO
THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE
VOTING RIGHTS ACT.
  Ordered for consideration tomorrow.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it refuses
to concur in the amendments proposed by the Senate to:
   S. 30 -- Senators McConnell, Leventis and Ford: A BILL TO
AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATED TO MAGISTRATES‟ POWERS AND
DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS
AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO
ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF
A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW
ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL
CAPACITY; AND TO PROVIDE THAT IF AN ARREST
WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW
ENFORCEMENT OFFICER, THE COURT MUST ISSUE A
COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS
SEEKING AN ARREST WARRANT FOR ANY OFFENSE
AGAINST THE BUSINESS OR A PERSON IS SEEKING AN
ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE
FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE
AT THE TIME THE WARRANT IS SOUGHT.
Very respectfully,
Speaker of the House
   Received as information.

       S. 30--SENATE INSISTS ON ITS AMENDMENTS
          CONFERENCE COMMITTEE APPOINTED
 S. 30 -- Senators McConnell, Leventis and Ford: A BILL TO
AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATED TO MAGISTRATES‟ POWERS AND
DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS

[SJ]                             22
AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO
ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF
A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW
ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL
CAPACITY; AND TO PROVIDE THAT IF AN ARREST
WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW
ENFORCEMENT OFFICER, THE COURT MUST ISSUE A
COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS
SEEKING AN ARREST WARRANT FOR ANY OFFENSE
AGAINST THE BUSINESS OR A PERSON IS SEEKING AN
ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE
FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE
AT THE TIME THE WARRANT IS SOUGHT.
  On motion of Senator McCONNELL, the Senate insisted upon its
amendments to S. 30 and asked for a Committee of Conference.

  Whereupon, Senators HUTTO, MASSEY and SHOOPMAN were
appointed to the Committee of Conference on the part of the Senate and
a message was sent to the House accordingly.

                      Message from the House
Columbia, S.C., June 14, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it has
appointed Reps. Bannister, Tallon and Rutherford to the Committee of
Conference on the part of the House on:
  S. 30 -- Senators McConnell, Leventis and Ford: A BILL TO
AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATED TO MAGISTRATES‟ POWERS AND
DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS
AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO
ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF
A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW
ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL
CAPACITY; AND TO PROVIDE THAT IF AN ARREST
WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW
ENFORCEMENT OFFICER, THE COURT MUST ISSUE A
COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS
SEEKING AN ARREST WARRANT FOR ANY OFFENSE
AGAINST THE BUSINESS OR A PERSON IS SEEKING AN
ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE


[SJ]                             23
FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE
AT THE TIME THE WARRANT IS SOUGHT.
Very respectfully,
Speaker of the House
  Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it refuses
to concur in the amendments proposed by the Senate to:
   S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen,
Knotts, O‟Dell, S. Martin, Ford and McGill: A BILL TO AMEND
ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE,
RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING,
BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH
PUBLIC INSTITUTION OF HIGHER LEARNING MUST
MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL
FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER
ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION
OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS
CREDIT CARD STATEMENTS AND THE CREDIT CARD
STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC
OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO
AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO
REPORTING OF EXPENDITURES OF STATE APPROPRIATED
FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE
LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL
STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET
WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR
POSTING ON ITS INTERNET WEBSITE THE AGENCY‟S,
DEPARTMENT‟S, OR INSTITUTION‟S MONTHLY STATE
PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS
CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME
INFORMATION CONTAINED IN THE MONTHLY STATE
PROCUREMENT CARD STATEMENTS.
Very respectfully,
Speaker of the House
   Received as information.




[SJ]                             24
        S. 172--SENATE INSISTS ON ITS AMENDMENTS
            CONFERENCE COMMITTEE APPOINTED
  S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen,
Knotts, O‟Dell, S. Martin, Ford and McGill: A BILL TO AMEND
ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE,
RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING,
BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH
PUBLIC INSTITUTION OF HIGHER LEARNING MUST
MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL
FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER
ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION
OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS
CREDIT CARD STATEMENTS AND THE CREDIT CARD
STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC
OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO
AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO
REPORTING OF EXPENDITURES OF STATE APPROPRIATED
FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE
LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL
STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET
WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR
POSTING ON ITS INTERNET WEBSITE THE AGENCY‟S,
DEPARTMENT‟S, OR INSTITUTION‟S MONTHLY STATE
PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS
CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME
INFORMATION CONTAINED IN THE MONTHLY STATE
PROCUREMENT CARD STATEMENTS.
  On motion of Senator COURSON, the Senate insisted upon its
amendments to S. 172 and asked for a Committee of Conference.
  Whereupon, Senators COURSON, JACKSON and ROSE were
appointed to the Committee of Conference on the part of the Senate and
a message was sent to the House accordingly.

                      Message from the House
Columbia, S.C., June 14, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it has
appointed Reps. Owens, Brannon and Quinn to the Committee of
Conference on the part of the House on:
  S. 172 -- Senators Rose, Fair, Leatherman, Bright, Bryant, Campsen,
Knotts, O‟Dell, S. Martin, Ford and McGill: A BILL TO AMEND
ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE,

[SJ]                             25
RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING,
BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH
PUBLIC INSTITUTION OF HIGHER LEARNING MUST
MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL
FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER
ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION
OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS
CREDIT CARD STATEMENTS AND THE CREDIT CARD
STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC
OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO
AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO
REPORTING OF EXPENDITURES OF STATE APPROPRIATED
FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE
LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL
STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET
WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR
POSTING ON ITS INTERNET WEBSITE THE AGENCY‟S,
DEPARTMENT‟S, OR INSTITUTION‟S MONTHLY STATE
PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS
CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME
INFORMATION CONTAINED IN THE MONTHLY STATE
PROCUREMENT CARD STATEMENTS.
Very respectfully,
Speaker of the House
  Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it insists
upon the amendments proposed by the House to:
  H. 3700 -- Ways and Means Committee: A BILL TO MAKE
APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET
THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR
THE FISCAL YEAR BEGINNING JULY 1, 2011, TO
REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO
FURTHER PROVIDE FOR THIS OPERATION OF STATE
GOVERNMENT DURING THIS FISCAL YEAR AND FOR
OTHER PURPOSES.
asks for a Committee of Conference, and has appointed Reps. Cooper,
White and Battle to the committee on the part of the House.


[SJ]                            26
Very respectfully,
Speaker of the House
  Received as information.

      H. 3700--CONFERENCE COMMITTEE APPOINTED
  H. 3700 -- Ways and Means Committee: A BILL TO MAKE
APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET
THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR
THE FISCAL YEAR BEGINNING JULY 1, 2011, TO
REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO
FURTHER PROVIDE FOR THIS OPERATION OF STATE
GOVERNMENT DURING THIS FISCAL YEAR AND FOR
OTHER PURPOSES.
  Whereupon, Senators LEATHERMAN, PEELER and MATTHEWS
were appointed to the Committee of Conference on the part of the
Senate and a message was sent to the House accordingly.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it insists
upon the amendments proposed by the House to:
  H. 3701 -- Ways and Means Committee: A JOINT RESOLUTION
TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE
FUND FOR FISCAL YEAR 2010-2011.
asks for a Committee of Conference, and has appointed Reps. Cooper,
White and Battle to the committee on the part of the House.
Very respectfully,
Speaker of the House
  Received as information.

      H. 3701--CONFERENCE COMMITTEE APPOINTED
  H. 3701 -- Ways and Means Committee: A JOINT RESOLUTION
TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE
FUND FOR FISCAL YEAR 2010-2011.
  Whereupon, Senators LEATHERMAN, PEELER and MATTHEWS
were appointed to the Committee of Conference on the part of the
Senate and a message was sent to the House accordingly.




[SJ]                            27
                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it has
continued the Bill:
  S. 391 -- Senators Campsen, Scott and Rose: A BILL TO AMEND
SECTION 7-13-35, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE NOTICE OF GENERAL, MUNICIPAL,
SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE
TIME IN WHICH ABSENTEE BALLOTS MAY BE OPENED
FROM 2:00 P.M. TO 9:00 A.M., AND TO PROVIDE FOR A DATE
ON WHICH AN ELECTION WILL BE HELD IN THE EVENT
THAT IT IS POSTPONED; TO AMEND SECTION 7-13-40,
RELATING TO THE TIME OF PARTY PRIMARY,
CERTIFICATION          OF     NAMES,       VERIFICATION      OF
CANDIDATES‟ QUALIFICATIONS, AND THE FILING FEE, SO
AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL
FIFTH; TO AMEND SECTION 7-13-190, RELATING TO SPECIAL
ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO ADD A
SUBSECTION THAT PROVIDES FOR THE DATE OF AN
ELECTION WHEN THE GOVERNOR DECLARES A STATE OF
EMERGENCY FOR A JURISDICTION; AND TO AMEND
SECTION 7-13-350, RELATING TO THE CERTIFICATION OF
CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO
AS TO CHANGE THE CERTIFICATION DATE FOR
CANDIDATES FOR PRESIDENT AND VICE PRESIDENT FROM
SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING
THE FIRST MONDAY OF SEPTEMBER.
Very respectfully,
Speaker of the House
  Received as information.

  Senator SCOTT spoke on the Message.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it concurs
in the amendments proposed by the Senate to:
   S. 594 -- Senators Grooms and Verdin: A BILL TO AMEND
SECTION 56-5-1536, CODE OF LAWS OF SOUTH CAROLINA,

[SJ]                             28
1976, RELATING TO DRIVING IN A TEMPORARY WORK ZONE,
SO AS TO CLARIFY THAT A TEMPORARY WORK ZONE AREA
CAN BE ON OR ADJACENT TO A ROADWAY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
  Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it concurs
in the amendments proposed by the Senate to:
   H. 3249 -- Reps. G.M. Smith, Taylor and G.R. Smith: A BILL TO
AMEND SECTION 61-6-4020, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF
ALCOHOLIC LIQUORS IN A MOTOR VEHICLE, SO AS TO
CLARIFY THAT THE LUGGAGE COMPARTMENT OR CARGO
AREA IN WHICH ONE MAY LAWFULLY TRANSPORT A
CONTAINER OF ALCOHOLIC LIQUOR WITH A BROKEN OR
OPENED SEAL OR CAP IS NOT LIMITED TO A CLOSED TRUNK
THAT IS ACCESSIBLE ONLY FROM THE EXTERIOR OF THE
VEHICLE SO LONG AS THE LUGGAGE COMPARTMENT OR
CARGO AREA IS SEPARATE AND DISTINCT FROM THE
DRIVER‟S AND PASSENGERS‟ COMPARTMENTS; AND TO
PROVIDE THAT A PERSON‟S DRIVER‟S LICENSE MAY NOT
BE SUSPENDED FOR A VIOLATION OF THIS SECTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
   Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it concurs
in the amendments proposed by the Senate to:
   H. 3584 -- Reps. Sandifer and Gambrell: A BILL TO AMEND
SECTION 58-37-50, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE FINANCING AGREEMENTS FOR THE
INSTALLATION OF CERTAIN ENERGY-EFFICIENCY AND

[SJ]                             29
CONSERVATION IMPROVEMENTS, SO AS TO CORRECT AN
ERRONEOUS CROSS-REFERENCE, AND TO PROVIDE WHERE
AN ELECTRICITY OR NATURAL GAS PROVIDER CONTRACTS
WITH A THIRD PARTY TO PERFORM CERTAIN FUNCTIONS,
THE LIABILITY OF THE THIRD PARTY IS LIMITED IN A
SPECIFIC MANNER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
  Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it concurs
in the amendments proposed by the Senate to:
   H. 3713 -- Reps. Merrill, J.R. Smith, Ryan, Hamilton, G.R. Smith,
Bedingfield, Barfield, Sandifer, McCoy, Horne, Stavrinakis,
Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson,
G.M. Smith, Hixon, Pinson, Viers and Henderson: A BILL TO
AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 12-37-3135 SO AS TO PROVIDE THAT WHEN
A PARCEL OF REAL PROPERTY AND IMPROVEMENTS
THEREON PREVIOUSLY SUBJECT TO PROPERTY TAX
UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST AND
THE VALUE OF THE PARCEL AS DETERMINED AT THE TIME
OF THE ASSESSABLE TRANSFER OF INTEREST IS GREATER
THAN THE VALUE OF THE PARCEL USED IN THE PROPERTY
TAX ASSESSMENT ON THE PARCEL FOR THE MOST
RECENTLY COMPLETED PROPERTY TAX YEAR, THERE IS
ALLOWED AN EXEMPTION OF AN AMOUNT OF THE FAIR
MARKET VALUE OF THE PARCEL SUFFICIENT TO
ELIMINATE ANY INCREASE IN THE VALUE OF THE PARCEL;
TO AMEND SECTION 12-37-3140, AS AMENDED, RELATING TO
DETERMINING FAIR MARKET VALUE, SO AS TO MAKE A
CONFORMING CHANGE; AND TO AMEND SECTION 12-60-30,
AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE
PROCEDURES ACT, SO AS TO CLARIFY THE DEFINITION OF
PROPERTY TAX ASSESSMENT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

[SJ]                             30
  Received as information.

                      Message from the House
Columbia, S.C., June 2, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it concurs
in the amendments proposed by the Senate to:
   H. 3375 -- Reps. Harrell, Lucas, Cooper, Hardwick, Harrison,
Owens, Sandifer, White, Bingham, Atwater, Parker, Crawford, Loftis,
Bowen, G.R. Smith, Bedingfield, Toole, Sottile, V.S. Moss, Forrester,
Bikas, Huggins, Brady, Allison, Pinson, Frye, Whitmire, Skelton,
Nanney, Henderson, Limehouse, Corbin, Barfield, Battle, Clemmons,
Cole, Crosby, Daning, Gambrell, Hamilton, Hiott, Hixon, Horne,
Lowe, D.C. Moss, Murphy, Norman, Patrick, Simrill, G.M. Smith,
J.R. Smith, Spires, Taylor, Willis, Young, Herbkersman, Ballentine,
Thayer, Bannister, McCoy, Tallon, Stringer, Long, Hayes, Ott,
J.M. Neal, Vick, G.A. Brown, Branham, Anthony, Bowers, Sellers,
Quinn, Hearn, Edge, Anderson, Erickson, Knight, Chumley, Butler
Garrick and Bales: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, SO AS TO ENACT THE “SOUTH
CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2011” BY
AMENDING ARTICLE 5, CHAPTER 32, TITLE 15, RELATING TO
PUNITIVE DAMAGES, SO AS TO PROVIDE LIMITS ON THE
AWARD OF PUNITIVE DAMAGES AND TO PROVIDE FOR
CERTAIN PROCEDURES AND REQUIREMENTS RELATING TO
THE AWARD OF THESE DAMAGES; BY ADDING SECTIONS
1-7-750 AND 1-7-760 SO AS TO ENACT THE “PRIVATE
ATTORNEY RETENTION SUNSHINE ACT” TO GOVERN THE
RETENTION OF PRIVATE ATTORNEYS BY THE ATTORNEY
GENERAL OR A SOLICITOR AND TO PROVIDE TERMS AND
CONDITIONS GOVERNING THE RETAINER AGREEMENT
INCLUDING LIMITS ON THE COMPENSATION OF OUTSIDE
COUNSEL IN CONTINGENCY FEE CASES, AND TO PROVIDE
FOR THE SUSPENSION OF THE LIMITATIONS UNDER
CERTAIN EXCEPTIONAL CIRCUMSTANCES; TO AMEND
SECTION 15-3-670, RELATING TO LIMITATIONS ON ACTIONS
BASED ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO
REAL PROPERTY, SO AS TO PROVIDE THAT THE VIOLATION
OF A BUILDING CODE DOES NOT CONSTITUTE PER SE
FRAUD, GROSS NEGLIGENCE, OR RECKLESSNESS BUT MAY
BE ADMISSIBLE AS EVIDENCE; TO AMEND SECTION 18-9-130,
AS AMENDED, RELATING TO THE EFFECT OF A NOTICE OF

[SJ]                             31
APPEAL ON THE EXECUTION OF JUDGMENT, SO AS TO
PROVIDE LIMITS FOR APPEAL BONDS; AND TO AMEND
SECTION 56-5-6540, AS AMENDED, RELATING TO THE
PENALTIES FOR THE MANDATORY USE OF SEATBELTS, SO
AS TO DELETE THE PROVISION THAT PROVIDED THAT A
VIOLATION FOR FAILURE TO WEAR A SEATBELT IS NOT
NEGLIGENCE PER SE OR COMPARATIVE NEGLIGENCE AND
IS NOT ADMISSIBLE IN A CIVIL ACTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
  Received as information.

                      Message from the House
Columbia, S.C., June 14, 2011

Mr. President and Senators:
  The House respectfully informs your Honorable Body that it has sent
the following veto to the Senate:
  (R79, H4149) -- Reps. Hodges and R.L. Brown: AN ACT TO
AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL
DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL
OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS
CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR
MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN
REINVESTMENT AND RECOVERY ACT FUNDS AND
EDUCATION FINANCE ACT FUNDS TO THE SCHOOL
DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH
THE BONDS MAY BE ISSUED AND THE PURPOSES FOR
WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE
PROVISION FOR THE PAYMENT OF THE BONDS.
Respectfully submitted,
Speaker of the House
  Received as Information

  The veto was ordered placed on the Calendar for consideration
tomorrow.




[SJ]                             32
                      Message from the House
Columbia, S.C., June 14, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it has
returned the following Bill to the Senate with amendments:
   H. 3660 -- Reps. Ott, Bales, McLeod, Brantley, Battle, Whipper,
G.A. Brown, Parker, Anderson, J.M. Neal, Hodges, Bowers, Hosey,
Alexander, Branham, Funderburk, Harrison, King, Dillard, Butler
Garrick and Jefferson: A BILL TO AMEND SECTION 16-11-523,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING         TO    OBTAINING          NONFERROUS       METALS
UNLAWFULLY, SO AS TO REVISE THE PENALTIES FOR
VIOLATIONS OF THIS PROVISION; TO AMEND SECTION
16-17-680, AS AMENDED, RELATING TO THE PURCHASE OF
NONFERROUS METALS, PROCEDURES AND REQUIREMENTS
FOR PURCHASE OF NONFERROUS METALS, AND
EXCEPTIONS,         SO      AS     TO     PROVIDE      ADDITIONAL
RESTRICTIONS RELATED TO THE SALE OF COPPER; TO
AMEND SECTION 16-17-685, RELATING TO THE UNLAWFUL
TRANSPORTATION OF NONFERROUS METALS, SO AS TO
INCREASE THE PENALTIES FOR CERTAIN VIOLATIONS OF
THIS PROVISION; AND BY ADDING CHAPTER 40 TO TITLE 40
SO AS TO REQUIRE SECONDARY METALS RECYCLERS TO
REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING
AND REGULATION, AND TO PROVIDE REGISTRATION AND
RENEWAL REQUIREMENTS.
Respectfully submitted,
Speaker of the House
   Received as information.

  The Bill was ordered placed on the Calendar for consideration
tomorrow.

                      Message from the House
Columbia, S.C., June 14, 2011

Mr. President and Senators:
   The House respectfully informs your Honorable Body that it has
returned the following Bill to the Senate with amendments:
   H. 3178 -- Reps. Pitts, Limehouse, Hixon and Long: A BILL TO
AMEND SECTION 61-4-550, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS

[SJ]                           33
FOR THE SALE OF BEER AND WINE, SO AS TO REMOVE
SPECIFIC REFERENCES TO NONPROFIT ORGANIZATIONS.
Respectfully submitted,
Speaker of the House
  Received as information.

  The Bill was ordered placed on the Calendar for consideration
tomorrow.

                     RATIFICATION OF ACTS
   Pursuant to the provisions of H. 4195, the Sine Die Resolution and
an invitation the Honorable Speaker and House of Representatives
appeared in the Senate Chamber on June 8, 2011, at 3:45 P.M. and the
following Acts and Joint Resolutions were ratified:

  (R80, S. 241) --  Senators Rose and Leventis: A JOINT
RESOLUTION TO CREATE THE SOUTH CAROLINA DYSLEXIA
TASK FORCE, TO PROVIDE FOR THE COMPOSITION OF THE
TASK FORCE, AND TO PROVIDE THAT THE TASK FORCE
SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
L:\COUNCIL\ACTS\241DG11.DOCX

  (R81, S. 588) -- Senators Jackson, Hayes, O‟Dell, Rose, Ford and
Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ENACTING THE “STROKE PREVENTION
ACT OF 2011” BY ADDING ARTICLE 6 TO CHAPTER 61, TITLE
44 SO AS TO ESTABLISH A STATEWIDE SYSTEM OF STROKE
CARE; TO REQUIRE THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL TO RECOGNIZE HOSPITALS
THAT ARE CERTIFIED TO BE PRIMARY STROKE CENTERS
AND TO AUTHORIZE RECOGNITION OF ACUTE STROKE
CAPABLE CENTERS; TO ESTABLISH A STROKE SYSTEM OF
CARE ADVISORY COUNCIL AND TO PROVIDE FOR ITS
MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE
DEPARTMENT TO DISTRIBUTE TO EMERGENCY MEDICAL
SERVICES PROVIDERS A LIST OF PRIMARY STROKE
CENTERS,      STROKE       ENABLED       CENTERS       THROUGH
TELEMEDICINE, AND OTHER CERTIFIED PROGRAMS, AS
THEY COME AVAILABLE, AND TO POST THIS LIST ON THE
DEPARTMENT‟S WEBSITE; TO REQUIRE THE DEPARTMENT
TO     ADOPT       AND      DISTRIBUTE       A     NATIONALLY
STANDARDIZED STROKE-TRIAGE ASSESSMENT TOOL TO
EMERGENCY MEDICAL SERVICES PROVIDERS AND TO POST

[SJ]                             34
THIS LIST ON THE DEPARTMENT‟S WEBSITE; TO REQUIRE
THE DEPARTMENT TO FACILITATE DATA COLLECTION AND
ANALYSIS FOR THE IMPROVEMENT OF STROKE CARE IN
THIS STATE, INCLUDING ESTABLISHING A STROKE
REGISTRY TASK FORCE AS A SUBCOMMITTEE OF THE
ADVISORY COUNCIL; TO PROVIDE THAT THIS ARTICLE MAY
NOT BE USED TO RESTRICT A HOSPITAL‟S AUTHORITY TO
PROVIDE SERVICES; AND TO PROVIDE THAT THE
DEPARTMENT‟S RESPONSIBILITIES PURSUANT TO THIS
ARTICLE ARE CONTINGENT UPON ADEQUATE FUNDING.
L:\COUNCIL\ACTS\588AC11.DOCX

  (R82, S. 594) -- Senators Grooms and Verdin: AN ACT TO
AMEND SECTION 56-5-1536, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DRIVING IN A TEMPORARY
WORK ZONE, SO AS TO CLARIFY THAT A TEMPORARY
WORK ZONE AREA CAN BE ON OR ADJACENT TO A
ROADWAY.
L:\COUNCIL\ACTS\594DG11.DOCX


  (R83, S. 694) -- Senator Bryant: AN ACT TO AMEND SECTION
41-15-520, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976 RELATING TO REMEDIES FOR EMPLOYEES
CHARGING DISCRIMINATION, SO AS TO PROVIDE FOR
REFERRAL TO THE UNITED STATES DEPARTMENT OF
LABOR ALLEGATIONS MADE BY A PRIVATE SECTOR
EMPLOYEE OF A VIOLATION OF SECTION 41-15-510 AND TO
PROVIDE FOR CIVIL REMEDIES.
L:\COUNCIL\ACTS\694AB11.DOCX

  (R84, S. 785) -- Senator Land: AN ACT TO AUTHORIZE THE
BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL
DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF
THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT
LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT
TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE
ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE
CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED
AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE
EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT
OF THE BONDS.

[SJ]                       35
L:\COUNCIL\ACTS\785BH11.DOCX

  (R85, H. 3249) -- Reps. G.M. Smith, Taylor and G.R. Smith: AN
ACT TO AMEND SECTION 61-6-4020, CODE OF LAWS OF
SOUTH      CAROLINA,       1976,    RELATING        TO      THE
TRANSPORTATION OF ALCOHOLIC LIQUORS IN A MOTOR
VEHICLE, SO AS TO CLARIFY THAT THE LUGGAGE
COMPARTMENT OR CARGO AREA IN WHICH ONE MAY
LAWFULLY TRANSPORT A CONTAINER OF ALCOHOLIC
LIQUOR WITH A BROKEN OR OPENED SEAL OR CAP IS NOT
LIMITED TO A CLOSED TRUNK THAT IS ACCESSIBLE ONLY
FROM THE EXTERIOR OF THE VEHICLE SO LONG AS THE
LUGGAGE COMPARTMENT OR CARGO AREA IS SEPARATE
AND DISTINCT FROM THE DRIVER‟S AND PASSENGERS‟
COMPARTMENTS; AND TO PROVIDE THAT SECTIONS
61-6-4290 AND 61-6-4300 DO NOT APPLY TO VIOLATIONS OF
THIS SECTION.
L:\COUNCIL\ACTS\3249ZW11.DOCX

  (R86, H. 3375) -- Reps. Harrell, Lucas, Cooper, Hardwick,
Harrison, Owens, Sandifer, White, Bingham, Atwater, Parker,
Crawford, Loftis, Bowen, G.R. Smith, Bedingfield, Toole, Sottile,
V.S. Moss, Forrester, Bikas, Huggins, Brady, Allison, Pinson, Frye,
Whitmire, Skelton, Nanney, Henderson, Limehouse, Corbin, Barfield,
Battle, Clemmons, Cole, Crosby, Daning, Gambrell, Hamilton, Hiott,
Hixon, Horne, Lowe, D.C. Moss, Murphy, Norman, Patrick, Simrill,
G.M. Smith, J.R. Smith, Spires, Taylor, Willis, Young, Herbkersman,
Ballentine, Thayer, Bannister, McCoy, Tallon, Stringer, Long, Hayes,
Ott, J.M. Neal, Vick, G.A. Brown, Branham, Anthony, Bowers, Sellers,
Quinn, Hearn, Edge, Anderson, Erickson, Knight, Chumley, Butler
Garrick and Bales: AN ACT TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, SO AS TO ENACT THE “SOUTH
CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2011” BY
ADDING ARTICLE 5, CHAPTER 32 TO TITLE 15 SO AS TO
PROVIDE LIMITS ON THE AWARD OF PUNITIVE DAMAGES
AND TO PROVIDE FOR CERTAIN PROCEDURES AND
REQUIREMENTS RELATING TO THE AWARD OF THESE
DAMAGES; BY ADDING SECTION 1-7-750 SO AS TO
AUTHORIZE CIRCUIT SOLICITORS TO EMPLOY OUTSIDE
COUNSEL UNDER CERTAIN CIRCUMSTANCES; BY ADDING
SECTION 38-77-250 SO AS TO REQUIRE EVERY INSURER
PROVIDING AUTOMOBILE INSURANCE COVERAGE IN THE
STATE TO PROVIDE CERTAIN INSURANCE COVERAGE

[SJ]                            36
INFORMATION WHEN A WRITTEN REQUEST IS MADE BY A
CLAIMANT‟S ATTORNEY AND TO AUTHORIZE SANCTIONS
BY THE COURT FOR NONCOMPLIANCE; TO AMEND SECTION
15-3-670, RELATING TO LIMITATIONS ON ACTIONS BASED
ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO REAL
PROPERTY, SO AS TO PROVIDE THAT THE VIOLATION OF A
BUILDING CODE DOES NOT CONSTITUTE PER SE FRAUD,
GROSS NEGLIGENCE, OR RECKLESSNESS BUT MAY BE
ADMISSIBLE AS EVIDENCE; AND TO AMEND SECTION
18-9-130, AS AMENDED, RELATING TO THE EFFECT OF A
NOTICE OF APPEAL ON THE EXECUTION OF JUDGMENT, SO
AS TO PROVIDE LIMITS FOR APPEAL BONDS.
L:\COUNCIL\ACTS\3375AHB11.DOCX

  (R87, H. 3378) -- Reps. Crawford and McLeod: AN ACT TO
AMEND ARTICLE 3, CHAPTER 31, TITLE 44, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF
TUBERCULOSIS PATIENTS, SO AS TO PROVIDE FOR AN
EMERGENCY ORDER ISSUED BY THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL OR AN ORDER
ISSUED BY THE PROBATE COURT FOR THE DETENTION,
EXAMINATION, ISOLATION, AND TREATMENT OF A PERSON
WITH TUBERCULOSIS WHO POSES A RISK TO THE PUBLIC;
TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH AN
EMERGENCY ORDER MAY BE ISSUED AND THE SCOPE OF
AN EMERGENCY ORDER; TO PROVIDE REVIEW AND APPEAL
PROCEDURES FOR AN EMERGENCY ORDER; TO AUTHORIZE
THE COURT TO WAIVE NOTICE REQUIREMENTS UNDER
CERTAIN CIRCUMSTANCES; TO PROHIBIT STAYING A
COMMITMENT ORDER PENDING APPEAL; TO PROVIDE THAT
INVOLUNTARY EXAMINATION OF A PERSON WITH
SUSPECTED TUBERCULOSIS IS NOT COMPULSORY
TREATMENT; AND TO DELETE PROVISIONS PERTAINING TO
THE ESTABLISHMENT OF TUBERCULOSIS FACILITIES AT
THE STATE PARK HEALTH CENTER AND THAT THE
ENFORCEMENT OF THIS ARTICLE IS CONTINGENT UPON
THE AVAILABILITY OF FACILITIES FOR HOSPITALIZATION.
L:\COUNCIL\ACTS\3378AC11.DOCX

  (R88, H. 3431) -- Rep. G.M. Smith: AN ACT TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO
ENACT “JOHN‟S LAW” BY ADDING SECTION 57-1-80 SO AS
TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO

[SJ]                      37
PUBLISH ON ITS WEBSITE THE LIST OF ALL PUBLIC
RAILROAD CROSSINGS AND THE LIST OF RAILROAD
CROSSINGS PROGRAMMED FOR UPGRADE, AND TO DIRECT
THE DEPARTMENT TO INCREASE THE NUMBER OF
INSTALLATIONS OF RAILROAD SIGNALS OR CROSSING
ARMS, OR BOTH AT DANGEROUS RAILROAD CROSSINGS
CONTINGENT UPON THE RECEIPT OF ADDITIONAL FUNDS
FOR THE INSTALLATION OF PUBLIC RAILROAD SIGNALS
AND GATES.
L:\COUNCIL\ACTS\3431CM11.DOCX

  (R89, H. 3582) -- Reps. Harrison and Weeks: AN ACT TO
AMEND SECTION 17-22-320, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A TRAFFIC
EDUCATION PROGRAM, SO AS TO PROVIDE THAT A PERSON
MAY BE CONSIDERED FOR THE PROGRAM IF HE HAS NO
SIGNIFICANT HISTORY OF TRAFFIC VIOLATIONS.
L:\COUNCIL\ACTS\3582AHB11.DOCX

  (R90, H. 3584) -- Reps. Sandifer and Gambrell: AN ACT TO
AMEND SECTION 58-37-50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE FINANCING
AGREEMENTS FOR THE INSTALLATION OF CERTAIN
ENERGY         EFFICIENCY         AND      CONSERVATION
IMPROVEMENTS, SO AS TO CORRECT AN ERRONEOUS
CROSS-REFERENCE, TO MAKE A TECHNICAL CHANGE, TO
PROVIDE WHERE AN ELECTRICITY OR NATURAL GAS
PROVIDER CONTRACTS WITH A THIRD PARTY TO PERFORM
CERTAIN FUNCTIONS, THE LIABILITY OF THE THIRD PARTY
IS LIMITED IN A SPECIFIC MANNER, AND TO PROVIDE AN
EXCEPTION TO THE LIMITATIONS OF THE APPLICABILITY
OF THIS SECTION.
L:\COUNCIL\ACTS\3584AB11.DOCX

  (R91, H. 3713) -- Reps. Merrill, J.R. Smith, Ryan, Hamilton,
G.R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Horne,
Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson,
G.M. Smith, Hixon, Pinson, Viers and Henderson: AN ACT TO
AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 12-37-3135 SO AS TO ALLOW A PROPERTY
TAX EXEMPTION EQUAL TO TWENTY-FIVE PERCENT OF THE
FAIR MARKET VALUE OF A PARCEL OF REAL PROPERTY
AND IMPROVEMENTS THEREON UNDERGOING AN

[SJ]                             38
ASSESSABLE TRANSFER OF INTEREST AFTER 2010, WHICH IS
CURRENTLY SUBJECT TO PROPERTY TAX, AND SUBJECT TO
THE SIX PERCENT ASSESSMENT RATIO, TO PROVIDE THAT
THIS EXEMPTION MAY NOT REDUCE THE VALUE OF THE
PARCEL BELOW ITS CURRENT FAIR MARKET VALUE AS
REFLECTED ON THE BOOKS OF THE PROPERTY TAX
ASSESSOR, TO PROVIDE THAT THE FIFTEEN PERCENT CAP
ON INCREASES IN VALUE ATTRIBUTABLE TO A
COUNTYWIDE REASSESSMENT PROGRAM IS CALCULATED
ON THE VALUE OF THE PARCEL AS REDUCED BY THIS
EXEMPTION, TO REQUIRE NOTICE TO THE ASSESSOR TO
CLAIM THIS EXEMPTION WHICH SERVES FOR SO LONG AS
THE PROPERTY REMAINS SUBJECT TO THE SIX PERCENT
ASSESSMENT RATIO, AND TO PROVIDE DEFINITIONS
APPLICABLE FOR THE ADMINISTRATION OF THIS
EXEMPTION; TO AMEND SECTION 6-1-320, AS AMENDED,
RELATING TO THE LIMIT ON ANNUAL INCREASES ON
PROPERTY TAX MILLAGE IMPOSED FOR OPERATING
PURPOSES, SO AS TO ALLOW A POLITICAL SUBDIVISION,
INCLUDING A SCHOOL DISTRICT, TO IMPOSE MILLAGE
INCREASES ALLOWED BUT NOT IMPOSED FOR THE THREE
PRECEDING PROPERTY TAX YEARS AND TO EXEMPT FROM
THE CAP MILLAGE IMPOSED FOR OPERATING PURPOSES BY
A SPECIAL TAX DISTRICT; AND TO AMEND SECTION
12-37-251, AS AMENDED, RELATING TO THE CALCULATION
OF ROLLBACK MILLAGE, SO AS TO REVISE THE METHOD OF
CALCULATING ROLLBACK MILLAGE AND PROVIDE FOR
THE CALCULATION OF AN EQUIVALENT MILLAGE RATE IN
A MUNICIPALITY LOCATED IN MORE THAN ONE COUNTY
WHEN THOSE COUNTIES HAVE DIFFERENT SCHEDULES FOR
IMPLEMENTING      A    COUNTYWIDE     REASSESSMENT
PROGRAM.
L:\COUNCIL\ACTS\3713HTC11.DOCX

  (R92, H. 3748) -- Reps. Owens, Bowen, Erickson, Daning,
Whitmire, Spires, McCoy, Loftis, Gambrell, Lucas, Skelton, Bingham,
Thayer, Hardwick, Harrell, Crosby, Battle, Sottile, Patrick, Clemmons,
Cole, Forrester, Hamilton, Henderson, Hixon, Huggins, Murphy,
J.M. Neal, Pinson, Pope, G.R. Smith, Stringer, Tallon, White, Willis
and Taylor: AN ACT TO AMEND SECTION 59-59-30, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
IMPLEMENTATION OF THE EDUCATION AND ECONOMIC


[SJ]                             39
DEVELOPMENT ACT, SO AS TO EXTEND THE DATE BY
WHICH THE ACT MUST BE IMPLEMENTED FULLY.
L:\COUNCIL\ACTS\3748BH11.DOCX

  (R93, H. 3762) -- Reps. Cooper, White, Bowen, Gambrell, Thayer,
Sandifer, D.C. Moss, McLeod, Viers and Clemmons: AN ACT TO
AMEND SECTION 41-31-5, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING
THE RATE OF CONTRIBUTIONS TO THE UNEMPLOYMENT
TRUST FUND, SO AS TO MODIFY THE METHOD OF
COMPUTATION; TO AMEND SECTION 41-31-20, AS AMENDED,
RELATING TO EMPLOYERS‟ ACCOUNTS, SO AS TO PROVIDE
THAT THE DEPARTMENT OF EMPLOYMENT AND
WORKFORCE SHALL MAINTAIN A SEPARATE ACCOUNT FOR
EACH EMPLOYER AND SHALL ACCURATELY RECORD THE
DATA USED TO DETERMINE AN EMPLOYER‟S EXPERIENCE
FOR THE PURPOSE OF RATE ASSIGNMENT; TO AMEND
SECTION 41-31-40, AS AMENDED, RELATING TO BASE RATE
COMPUTATION PERIODS, SO AS TO LOWER THE NEW
EMPLOYER TAX CLASS FROM THIRTEEN TO TWELVE; TO
AMEND SECTION 41-31-50, AS AMENDED, RELATING TO
BASE RATE DETERMINATIONS, SO AS TO CLARIFY
EXCLUSIONS TO TAXABLE WAGES AND TO PROVIDE THAT
FOR CALENDAR YEAR 2011 AND SUBSEQUENT CALENDAR
YEARS, VOLUNTARY PAYMENTS ARE NOT PERMITTED FOR
THE PURPOSE OF OBTAINING A LOWER RATE OF REQUIRED
CONTRIBUTIONS; TO AMEND SECTION 41-31-60, AS
AMENDED, RELATING TO BASE RATES WHERE A
DELINQUENT REPORT IS RECEIVED, SO AS TO CHANGE
REFERENCES TO TAX RATES; TO AMEND SECTION 41-31-70,
AS AMENDED, RELATING TO A PROHIBITION ON THE
TERMINATION OF THE ACCOUNT OF AN EMPLOYER, SO AS
TO DELETE A BENEFIT RATIO CALCULATION; TO AMEND
SECTION 41-31-125, AS AMENDED, RELATING TO THE
ASSIGNMENT OF AN EMPLOYMENT BENEFIT RECORD UPON
ACQUISITION OR REORGANIZATION OF AN EXISTING
EMPLOYMENT UNIT, SO AS TO PROVIDE IF THE EXPERIENCE
RATING ACCOUNT OF A PREDECESSOR IS EQUAL TO OR
EXCEEDS TAX CLASS THIRTEEN, THIS EXPERIENCE RATING
ACCOUNT MUST BE TRANSFERRED TO THE SUCCESSOR
EMPLOYER; TO AMEND SECTION 41-31-140, AS AMENDED,
RELATING TO LIMITS ON THE TRANSFER OF AN
EXPERIENCE         RATING       ACCOUNT         IN    CERTAIN

[SJ]                           40
CIRCUMSTANCES, SO AS TO CLARIFY TIME LIMITS OF
APPLICABILITY AND TO PROVIDE FOR FUTURE LIMITS ON
TRANSFERS FOR AN EXPERIENCE RATING ACCOUNT; TO
AMEND SECTION 41-31-670, AS AMENDED, RELATING TO
SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE
CONTRIBUTIONS PRIOR TO 1969, SO AS TO UPDATE
REFERENCES TO APPLICABLE TAX FORMULAS AND TO
PROVIDE FOR THE MANAGEMENT OF AN ACCOUNT IF THE
ORGANIZATION TERMINATES THE ELECTION AVAILABLE
UNDER THIS SECTION; TO AMEND SECTION 41-35-125, AS
AMENDED, RELATING TO BENEFITS FOR INDIVIDUALS
UNEMPLOYED AS A RESULT OF DOMESTIC ABUSE, SO AS TO
REDEFINE THE TERM “DISABILITY”; TO AMEND SECTION
41-35-130, AS AMENDED, RELATING TO PAYMENTS NOT
CHARGEABLE TO A FORMER EMPLOYER, SO AS TO MAKE
THE SECTION APPLICABLE TO BENEFITS PAID AS A RESULT
OF A NATURAL DISASTER DECLARED BY THE PRESIDENT
OF THE UNITED STATES; TO AMEND SECTION 41-39-30, AS
AMENDED, RELATING TO LIMITS ON FEES, SO AS TO
ELIMINATE THE REQUIREMENT THAT A PERSON
APPEARING AT A HEARING PURSUANT TO THIS SECTION
MUST BE REPRESENTED BY AN ATTORNEY; TO AMEND
SECTION 41-41-40, AS AMENDED, RELATING TO THE
RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED
TO BENEFITS, SO AS TO PROVIDE AN ADDITIONAL MEANS
FOR ATTEMPTING A COLLECTION PURSUANT TO THIS
SECTION; TO AMEND SECTION 41-27-260, AS AMENDED,
RELATING TO EXEMPTED EMPLOYMENT, SO AS TO
PROVIDE THE CIRCUMSTANCES BY WHICH SERVICES
PERFORMED BY A DIRECT SELLER ARE EXEMPT FROM
CERTAIN PROVISIONS OF CHAPTERS 27 THROUGH 41, TITLE
41; TO AMEND SECTION 41-31-50, AS AMENDED, RELATING
TO DETERMINATION OF BASE RATES, SO AS TO PLACE A
LIMIT ON THE EMPLOYER BASE TAX RATE FOR TAX YEAR
2011; BY ADDING SECTION 41-31-52 SO AS TO PROVIDE FOR
THE CIRCUMSTANCES BY WHICH A SEASONAL WORKER IS
ELIGIBLE TO RECEIVE BENEFITS; TO AMEND SECTION
41-35-50, RELATING TO ANNUAL MAXIMUM POTENTIAL
BENEFITS, SO AS TO REDUCE A POTENTIAL MAXIMUM
FROM TWENTY-SIX TIMES THE WEEKLY BENEFIT AMOUNT
TO TWENTY TIMES THE WEEKLY BENEFIT AMOUNT; TO
AMEND SECTION 41-29-300, AS AMENDED, RELATING TO
THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE

[SJ]                     41
APPELLATE PANEL, SO AS TO DESIGNATE SEAT NUMBERS
ON THE PANEL; TO AMEND SECTION 41-31-330, RELATING
TO PENALTIES FOR ADDITIONAL CONTRIBUTIONS DUE, SO
AS TO SET AN INTEREST RATE FOR 2011; AND TO DIRECT
THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE TO
RECALCULATE PREMIUM RATES AND TO APPLY CERTAIN
APPROPRIATIONS TO THE UNEMPLOYMENT INSURANCE
TRUST FUND.
L:\COUNCIL\ACTS\3762DG11.DOCX

  (R94, H. 3772) -- Reps. Hardwick, Vick and Hixon: AN ACT TO
AMEND CHAPTER 26, TITLE 46, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE REGULATION OF
AGRICULTURAL LIMING MATERIALS, SO AS TO PROVIDE
FOR REGULATION OF LANDPLASTER, TO REVISE CERTAIN
REPORTING REQUIREMENTS, AND TO REVISE THE
PROVISIONS RELATING TO THE PAYMENT OF ASSESSMENTS
LEVIED BY THE STATE CROP PEST COMMISSION.
L:\COUNCIL\ACTS\3772CM11.DOCX

  (R96, H. 4119) -- Rep. G.A. Brown: AN ACT TO AMEND
SECTION 39-5-38, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING       TO     DECEPTIVE      OR    MISLEADING
ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO
AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE
CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.
L:\COUNCIL\ACTS\4119AB11.DOCX

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

                           Motion Adopted
  On motion of Senator McCONNELL, the Senate agreed that, when
the Senate adjourns today, it stand adjourned to meet at 10:00 A.M. on
Wednesday, June 15, 2011.

                               RECESS
  At 1:51 P.M., on motion of Senator McCONNELL, the Senate
receded from business until 3:00 P.M.


[SJ]                             42
                    AFTERNOON SESSION
  The Senate reassembled at 3:10 P.M. and was called to order by the
PRESIDENT.

                       Point of Quorum
  At 3:10 P.M., Senator LARRY MARTIN made the point that a
quorum was not present. It was ascertained that a quorum was not
present.

                         Call of the Senate
  Senator LARRY MARTIN moved that a Call of the Senate be made.
The following Senators answered the Call:
Alexander              Anderson             Bright
Bryant                 Campsen              Cleary
Coleman                Courson              Elliott
Fair                   Ford                 Grooms
Hayes                  Hutto                Jackson
Knotts                 Land                 Leatherman
Leventis               Lourie               Malloy
Martin, Larry          Martin, Shane        Massey
Matthews               McConnell            McGill
Nicholson              O'Dell               Peeler
Pinckney               Rankin               Reese
Rose                   Ryberg               Scott
Setzler                Shoopman             Thomas
Verdin                 Williams

  A quorum being present, the Senate resumed.

HAVING DISPENSED WITH THE MOTION PERIOD, THE
SENATE PROCEEDED TO A CONSIDERATION OF BILLS
AND RESOLUTIONS RETURNED FROM THE HOUSE.

               HOUSE AMENDMENTS AMENDED
                   RETURNED TO THE HOUSE
  S. 20 -- Senators Grooms, McConnell, Thomas, Alexander,
Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler,
L. Martin, Fair, Ryberg, Cromer, Campsen, Davis, Shoopman, Rankin
and Bright: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE
1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT
WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE
SUSPICION THAT A PERSON STOPPED, DETAINED, OR
ARRESTED BY LAW ENFORCEMENT IS AN ALIEN

[SJ]                            43
UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS
AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY
HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5,
CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO
PROVIDE THAT IT IS UNLAWFUL FOR A PERSON
UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR
ATTEMPT TO SOLICIT WORK, AND TO PROVIDE
PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
  The Senate proceeded to a consideration of the Bill, the question
being the adoption of Amendment No. P1-2B (20R015.CBH) proposed
by Senator HUTTO and previously printed in the Journal of June 1,
2011.

  On motion of Senator LARRY MARTIN, with unanimous consent,
the Amendment No. 2B was substituted with Amendment No. 2C.

                           Motion Adopted
  On motion of Senator SHANE MARTIN, with unanimous consent,
Senators PEELER, REESE, BRIGHT and SHANE MARTIN were
granted leave to attend a meeting and were granted leave to vote from
the balcony.

                        Amendment No. P1-2C
   Senator HUTTO proposed the following amendment (20R015.CBH),
which was laid on the table:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, beginning on
page 2, by striking Section 8-14-20(B) and inserting:
   / “(B) A public employer may not enter into a services contract with
a contractor for the physical performance of services within this State
unless the contractor agrees:
     (1) to register and participate in the federal work authorization
program to verify the employment authorization of all new employees
and require agreement from its subcontractors, and through the
subcontractors, the sub-subcontractors, to register and participate in the
federal verification of the employment authorization of all new
employees; or
     (2) to employ only workers who possess a valid South Carolina
driver‟s license or identification card issued by the South Carolina
Department of Motor Vehicles.          /
   Renumber sections to conform.
   Amend title to conform.


[SJ]                               44
  Senator LARRY MARTIN explained the amendment.
  Senator FORD spoke on the amendment.
  Senator HUTTO explained the amendment.
  Senator LARRY MARTIN spoke on the amendment.

   Senator LARRY MARTIN moved to lay the amendment on the
table.

  The amendment was laid on the table.

                        Amendment No. P2-2C
   Senator HUTTO proposed the following amendment (20R016.CBH),
which was tabled:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, on page 3, by
striking Section 8-14-20(D) and inserting:
   / (D) Subsection (B) applies as follows:
      (1) on and after January 1, 2012, with respect to contractors,
subcontractors, or sub subcontractors of five hundred or more
employees;
      (2) on and after July 1, 2013, with respect to contractors,
subcontractors, or sub subcontractors of one hundred or more
employees but less than five hundred employees; and
      (3) on and after January 1, 2014 with respect to all other
contractors, subcontractors, or sub subcontractors. /
   Renumber sections to conform.
   Amend title to conform.

  Senator HUTTO explained the amendment.
  Senator LARRY MARTIN spoke on the amendment.

   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 22; Nays 18

                               AYES
Alexander              Bright                 Bryant
Campsen                Cleary                 Courson
Fair                   Grooms                 Hayes
Knotts                 Martin, Larry          Martin, Shane

[SJ]                            45
Massey                  McConnell                O'Dell
Peeler                  Rankin                   Rose
Ryberg                  Shoopman                 Thomas
Verdin

                               Total--22

                                NAYS
Anderson                Coleman                  Elliott
Ford                    Hutto                    Jackson
Land                    Leventis                 Lourie
Malloy                  Matthews                 McGill
Nicholson               Pinckney                 Reese
Scott                   Setzler                  Williams

                               Total--18

  The amendment was laid on the table.

                        Amendment No. P3-2C
   Senator HUTTO proposed the following amendment (20R017.CBH),
which was adopted:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, on page 14,
by inserting a new sentence at the end of Section 41-8-50(D)(1) to read:
   / An employer that is placed on probation for one year must be
listed on the department‟s website as having failed to comply with the
provisions of this chapter. The employer must be listed on the website
for six months.     /
   Renumber sections to conform.
   Amend title to conform.

  Senator HUTTO explained the amendment.
  Senator LARRY MARTIN spoke on the amendment.

  The amendment was adopted.

                        Amendment No. P5-2C
  Senator HUTTO proposed the following amendment (20R019.CBH),
which was laid on the table:
  Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, beginning on
page 14, by striking Section 41-8-50(D)(2) in its entirety and inserting:

[SJ]                               46
  / (2) for a first occurrence involving a violation of Section
41-8-30, a the private employer‟s license is must be suspended, and
must remain suspended for at least ten days but not more than thirty
days. During the period of suspension, a the private employer may not
engage in business, open to the public, employ an employee, or
otherwise operate. After the period of suspension, a the private
employer‟s license must be reinstated, permitting the private employer
to engage in business and to employ an employee, if the private
employer:
       (i) demonstrates that he the private employer has terminated
the unauthorized alien; and
       (ii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars;          /
  Amend title to conform.

  Senator HUTTO explained the amendment.
  Senator LARRY MARTIN spoke on the amendment.

   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 21; Nays 18

                                AYES
Alexander               Bright                  Bryant
Campsen                 Cleary                  Courson
Fair                    Grooms                  Hayes
Martin, Larry           Martin, Shane           Massey
McConnell               O'Dell                  Peeler
Rankin                  Rose                    Ryberg
Shoopman                Thomas                  Verdin

                              Total--21

                               NAYS
Anderson                Coleman                 Elliott
Ford                    Hutto                   Jackson
Knotts                  Land                    Leventis
Lourie                  Malloy                  Matthews
McGill                  Nicholson               Reese

[SJ]                              47
Scott                  Setzler                 Williams

                              Total--18

  The amendment was laid on the table.

                        Amendment No. P6-2C
   Senator HUTTO proposed the following amendment (20R021.CBH),
which was tabled:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, by striking
Section 41-8-10(E)(1) and inserting:
   / (E) „Private employer‟ means any:
     (1) individual or type of organization that transacts business in
this State, is required to have a license issued by an agency in this
State, and employs twenty five or more employees in this State, as
defined in Section 12-8-10;     /
   Renumber sections to conform.
   Amend title to conform.

  Senator HUTTO explained the amendment.
  Senator LARRY MARTIN spoke on the amendment.
  Senator CAMPSEN spoke on the amendment.

  Senator CAMPSEN moved to lay the amendment on the table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 21; Nays 19

                               AYES
Alexander              Bright                  Bryant
Campsen                Cleary                  Courson
Fair                   Grooms                  Hayes
Knotts                 Martin, Larry           Martin, Shane
Massey                 McConnell               O'Dell
Peeler                 Rose                    Ryberg
Shoopman               Thomas                  Verdin

                              Total--21




[SJ]                             48
                              NAYS
Anderson               Coleman                 Elliott
Ford                   Hutto                   Jackson
Land                   Leventis                Lourie
Malloy                 Matthews                McGill
Nicholson              Pinckney                Rankin
Reese                  Scott                   Setzler
Williams

                              Total--19

  The amendment was laid on the table.

                        Amendment No. P7-2C
   Senator HUTTO proposed the following amendment (20R020.CBH),
which was tabled:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, by striking
Section 41-8-10(E)(1) and inserting:
   / (E) „Private employer‟ means any:
     (1) individual or type of organization that transacts business in
this State, is required to have a license issued by an agency in this
State, and employs ten or more employees in this State, as defined in
Section 12-8-10; /
   Renumber sections to conform.
   Amend title to conform.

  Senator HUTTO explained the amendment.

                            Objection
  With Senator HUTTO retaining the floor, Senator LOURIE asked
unanimous consent to make a motion that the Senate stand adjourned.
  Senator LARRY MARTIN objected.

   Senator LARRY MARTIN spoke on the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 19; Nays 20



[SJ]                             49
                             AYES
Alexander             Bright                 Bryant
Campsen               Courson                Fair
Grooms                Hayes                  Martin, Larry
Martin, Shane         Massey                 McConnell
O'Dell                Peeler                 Rose
Ryberg                Shoopman               Thomas
Verdin

                            Total--19

                             NAYS
Anderson              Cleary                 Coleman
Elliott               Ford                   Hutto
Jackson               Knotts                 Land
Leventis              Lourie                 Malloy
Matthews              McGill                 Nicholson
Pinckney              Rankin                 Reese
Setzler               Williams

                            Total--20

  The Senate refused to table the amendment. The question then was
the adoption of the amendment.

   Senator LARRY MARTIN spoke on the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 21; Nays 15

                              AYES
Alexander             Bright                 Bryant
Campsen               Cleary                 Courson
Fair                  Grooms                 Hayes
Martin, Larry         Martin, Shane          Massey
McConnell             O'Dell                 Peeler
Rankin                Rose                   Ryberg
Shoopman              Thomas                 Verdin

                            Total--21

[SJ]                             50
                                  NAYS
Coleman                 Elliott                  Ford
Hutto                   Jackson                  Land
Leventis                Lourie                   Malloy
Matthews                McGill                   Nicholson
Reese                   Scott                    Williams

                               Total--15

  The amendment was laid on the table.

                        Amendment No. P8-2C
   Senator CAMPSEN proposed the following amendment
(20R022.GEC), which was adopted:
   Amend Amendment No. 2C, bearing file path L:\S-JUD\
AMEND\JUD0020.018.DOCX, as and if amended, page 18, SECTION
12, by adding an appropriately lettered new subsection at the end of
Section 41-8-50 to read:
   / ( ) A license suspension or revocation pursuant to this section:
     (1) does not constitute a dissolution, liquidation, or a winding
down process; or a transfer, or other taxable event for tax purposes,
including, but not limited to, taxes imposed or authorized by Title 12;
and
     (2) does not affect protections against personal liability provided
in Title 33.” /
   Renumber sections to conform.
   Amend title to conform.

  Senator CAMPSEN explained the amendment.

  The amendment was adopted.

                        Amendment No. P9-2C
  Senator HUTTO proposed the following amendment (20R023.CBH),
which was laid on the table:
  Amend Amendment No. 2B, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, beginning on
page 3, by striking Section 8-14-20(B) and inserting:
  / “(B) A public employer may not enter into a services contract with
a contractor for the physical performance of services within this State
unless the contractor agrees:


[SJ]                               51
     (1) to register and participate in the federal work authorization
program to verify the employment authorization of all new employees
and require agreement from its subcontractors, and through the
subcontractors, the sub-subcontractors, to register and participate in the
federal verification of the employment authorization of all new
employees;
     (2) to employ only workers who possess a valid South Carolina
driver‟s license or identification card issued by the South Carolina
Department of Motor Vehicles; or
     (3) possesses a valid driver‟s license or identification card from
another state where the license requirements are at least as strict as
those in South Carolina.        /
   Renumber sections to conform.
   Amend title to conform.

   Senator HUTTO explained the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 19; Nays 16

                                 AYES
Alexander                Bright                   Bryant
Campsen                  Cleary                   Courson
Fair                     Grooms                   Hayes
Martin, Larry            Martin, Shane            Massey
McConnell                O'Dell                   Peeler
Rose                     Ryberg                   Shoopman
Thomas

                               Total--19

                                 NAYS
Coleman                  Elliott                  Ford
Hutto                    Jackson                  Land
Leventis                 Lourie                   Malloy
McGill                   Nicholson                Pinckney
Rankin                   Reese                    Scott
Williams

                               Total--16

[SJ]                               52
  The amendment was laid on the table.

                      Amendment No. P11A-2C
   Senator MALLOY proposed the following amendment
(20R027.GM), which was laid on the table:
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, by striking
Section 41-8-10(E)(1) and inserting:
   / (E) „Private employer‟ means any:
     (1) person or entity that transacts business in this State, is
required to have a license issued by an agency, department, board,
commission, or political subdivision of this State that issues licenses
for the purposes of operating a business in this State, and who has
regularly employed in service more than four employees in the same
business within the State or who had a total annual payroll during the
previous calendar year of more than three thousand dollars regardless
of the number of persons employed during that period;
   Renumber sections to conform.
   Amend title to conform.

   Senator MALLOY explained the amendment.
   Senator LARRY MARTIN spoke on the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 18; Nays 19

                                AYES
Alexander               Bright                  Bryant
Campsen                 Cleary                  Courson
Fair                    Grooms                  Hayes
Martin, Larry           Martin, Shane           McConnell
Peeler                  Rose                    Ryberg
Shoopman                Thomas                  Verdin

                              Total--18

                              NAYS
Anderson                Coleman                 Elliott
Ford                    Hutto                   Jackson

[SJ]                              53
Land                  Leventis               Lourie
Malloy                Matthews               McGill
Nicholson             O'Dell                 Pinckney
Rankin                Reese                  Scott
Williams

                             Total--19

  The Senate refused to table the amendment. The question then was
the adoption of the amendment.

  Senator THOMAS spoke on the amendment.
  Senator THOMAS moved to lay the amendment on the table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                        Ayes 21; Nays 14

                              AYES
Alexander             Bright                 Bryant
Campsen               Cleary                 Courson
Fair                  Grooms                 Hayes
Martin, Larry         Martin, Shane          Massey
McConnell             O'Dell                 Peeler
Rankin                Rose                   Ryberg
Shoopman              Thomas                 Verdin

                             Total--21

                              NAYS
Coleman               Elliott                Hutto
Land                  Leventis               Lourie
Malloy                Matthews               McGill
Nicholson             Pinckney               Reese
Scott                 Williams

                             Total--14

  The amendment was laid on the table.

                    Amendment No. P12-2C
  Senators KNOTTS and VERDIN proposed the following amendment
(20R026.JKL), which was tabled:

[SJ]                             54
   Amend Amendment No. 2C, bearing document file path L:\S-
JUD\AMEND\JUD0020.018.DOCX, as and if amended, by adding to
the end of Section 41-8-10(E)(1) two sentences to read to read:
   / Private employer does not mean a person who employs only
members of his immediate family. For the purposes of this item
„immediate family‟ means spouse, parent, brother, sister, child, mother-
in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or
grandchild.                /
   Renumber sections to conform.
   Amend title to conform.

   Senator THOMAS spoke on the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 21; Nays 13

                                AYES
Alexander               Bright                   Bryant
Campsen                 Cleary                   Courson
Fair                    Grooms                   Hayes
Martin, Larry           Martin, Shane            Massey
McConnell               O'Dell                   Peeler
Rankin                  Rose                     Ryberg
Shoopman                Thomas                   Verdin

                               Total--21

                                NAYS
Coleman                 Elliott                  Hutto
Land                    Leventis                 Lourie
Malloy                  McGill                   Nicholson
Pinckney                Reese                    Scott
Williams

                               Total--13

  The amendment was laid on the table.




[SJ]                              55
                        Amendment No. P14-2C
  Senator REESE proposed the following amendment (MS\
7578AHB11), which was tabled:
  Amend the bill, as and if amended, SECTION 3, by deleting Section
8-14-20(A) in its entirety and inserting:
  / (A) On or after January 1, 2009, Every public employer shall
register and participate in the federal work authorization program to
verify the employment authorization of all new employees through the
use of a mandatory nonkeyable barcode required to be embedded in the
forehead of every potential employee. /
  Renumber sections to conform.
  Amend title to conform.

   Senator REESE explained the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

  The amendment was laid on the table.

  The question then was the adoption of Amendment No. 2C.

                           Amendment No. 2C
  Senators LARRY MARTIN and CAMPSEN proposed the following
amendment (JUD0020.018), which was adopted:
  Amend the bill, as and if amended, by striking all after the enacting
words, and inserting:
  / SECTION 1. Section 6-1-170 of the 1976 Code is amended by
adding subsection (E) to read:
  “(E)(1) Notwithstanding any other provision of law, a resident of a
political subdivision in this State may bring a civil action in the circuit
court in which the resident and political subdivision are located to
enjoin:
        (a) an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law enforcement
officer, local official, or local government employee from seeking to
enforce a state law with regard to immigration;
        (b) an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law enforcement
officer, local official, or local government employee from
communicating to appropriate federal or state officials regarding the
immigration status of a person within this State; or
        (c) an enactment by the political subdivision of any ordinance,
policy, regulation, or other legislation pertaining to the employment,

[SJ]                                56
licensing, permitting, or otherwise doing business with a person based
upon that person‟s authorization to work in the United States, which
intentionally exceeds or conflicts with federal law or that intentionally
conflicts with state law.
      (2) A person who is not a resident of the political subdivision
may not bring an action against the political subdivision pursuant to
this subsection. The action must be brought against the political
subdivision and not against an employee of the political subdivision
acting in the employee‟s individual capacity.
      (3) If the court finds that the political subdivision has
intentionally violated this section, the court shall enjoin the enactment,
action, policy, or practice, and may enter a judgment against the
political subdivision of not less than one thousand dollars nor more
than five thousand dollars for each day that the enactment, action,
policy, or practice remains or remained in effect. The proceeds from
any such judgment must be used to reimburse the resident‟s reasonable
attorney‟s fees. Any remaining proceeds must be used to cover the
administrative costs of implementing, investigating, and enforcing the
provisions of Chapter 8, Title 41 of the South Carolina Code of Laws.”
   SECTION 2. Section 8-14-10(9) of the 1976 Code is amended to
read:
   “(9) „Private employer‟ means any:
      (a) person or entity that transacts business in this State, is
required to have a license issued by an agency, department, board,
commission, or political subdivision of this State that issues licenses
for the purposes of operating a business in this State, and employs one
or more employees in this State, as defined in Section 12-8-10;
      (b) person or entity carrying on any employment and the legal
representative of a deceased person or the receiver or trustee of any
person, and; or
      (c) any person or entity for whom an individual performs a
service or sells a good, of whatever nature, as an employee, as defined
in Section 12-8-10.”
   SECTION 3. Section 8-14-20 of the 1976 Code is amended to read:
   “Section 8-14-20. (A) On or after January 1, 2009, every Every
public employer shall register and participate in the federal work
authorization program to verify the employment authorization of all
new employees.
   (B) A public employer may not enter into a services contract with a
contractor for the physical performance of services within this State
unless the contractor agrees:
      (1) to register and participate in the federal work authorization
program to verify the employment authorization of all new employees

[SJ]                               57
and require agreement from its subcontractors, and through the
subcontractors, the sub-subcontractors, to register and participate in the
federal verification of work authorization program to verify the
employment authorization of all new employees; or
     (2) to employ only workers who:
        (a)    possess a valid South Carolina driver‟s license or
identification card issued by the South Carolina Department of Motor
Vehicles;
        (b) are eligible to obtain a South Carolina driver‟s license or
identification card in that they meet the requirements set forth in
Sections 56-1-40 through 56-1-90; or
        (c) possess a valid driver‟s license or identification card from
another state where the license requirements are at least as strict as
those in South Carolina, as determined by the Executive Director of the
South Carolina Department of Motor Vehicles, or his designee. The
Executive Director of the South Carolina Department of Motor
Vehicles, or his designee, shall publish on its website a list of states
where the license requirements are at least as strict as those in South
Carolina.
  (C) A public employer and contractor must not divide work or
duties that would otherwise constitute a single service contract into
separate contracts for the purpose of avoiding the requirements of this
chapter.
  (D) Subsection (B) applies as follows:
     (1) on and after January 1, 2009, with respect to contractors,
subcontractors, or sub-subcontractors of five hundred or more
employees;
     (2) on and after July 1, 2009, with respect to contractors,
subcontractors, or sub-subcontractors of one hundred or more
employees but less than five hundred employees; and
     (3) on and after January 1, 2010, with respect to all other
contractors, subcontractors, or sub-subcontractors.
  (E) Private employers shall comply with the provisions of Chapter 8,
Title 41.”
  SECTION 4. Section 16-9-460 of the 1976 Code is amended to
read:
  “Section 16-9-460. (A) It is a felony for a person who has come to,
entered, or remained in the United States in violation of law to allow
themselves to be transported, moved, or attempted to be transported
within the State or to solicit or conspire to be transported or moved
within the State with intent to further the person‟s unlawful entry into
the United States or avoiding apprehension or detection of the person‟s
unlawful immigration status by state or federal authorities.

[SJ]                               58
   (A)(B) It is a felony for a person knowingly or in reckless disregard
of the fact that another person has come to, entered, or remained in the
United States in violation of law to transport, move, or attempt to
transport that person within the State or to solicit or conspire to
transport or move that person within the State with intent to further that
person‟s unlawful entry into the United States or avoiding apprehension
or detection of that person‟s unlawful immigration status by state or
federal authorities.
   (C) It is a felony for a person who has come to, entered, or remained
in the United States in violation of law to conceal, harbor, or shelter
themselves from detection or to solicit or conspire to conceal, harbor,
or shelter themselves from detection in any place, including a building
or means of transportation, with intent to further that person‟s unlawful
entry into the United States or avoiding apprehension or detection of
the person‟s unlawful immigration status by state or federal authorities.
   (B)(D) It is a felony for a person knowingly or in reckless disregard
of the fact that another person has come to, entered, or remained in the
United States in violation of law to conceal, harbor, or shelter from
detection or to solicit or conspire to conceal, harbor, or shelter from
detection that person in any place, including a building or means of
transportation, with intent to further that person‟s unlawful entry into
the United States or avoiding apprehension or detection of that person‟s
unlawful immigration status by state or federal authorities.
   (C)(E) A person who violates the provisions of subsection (A) or (B)
of this section is guilty of a felony and, upon conviction, must be
punished by a fine not to exceed five thousand dollars or by
imprisonment for a term not to exceed five years, or both.
   (D)(F) A person who is convicted of, pleads guilty to, or enters into
a plea of nolo contendere to a violation of this section must not be
permitted to seek or obtain any professional license offered by the State
or any agency or political subdivision of the State.
   (E)(G) Subsections (A) and (B) do This section does not apply to
programs, services, or assistance including soup kitchens, crisis
counseling and intervention; churches or other religious institutions that
are recognized as a 501(c)(3) organizations by the Internal Revenue
Service; and short-term shelters specified by the United States
Attorney General, in the United States Attorney General‟s sole
discretion after consultation with appropriate federal agencies and
departments, which:
     (i)deliver in-kind services at the community level, including
through public or private nonprofit agencies;



[SJ]                               59
      (ii) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the individual
recipient‟s income or resources; and
      (iii) are necessary for the protection of life or safety.
   Shelter provided for strictly humanitarian purposes or provided
under the Violence Against Women Act is not a violation of this
section, so long as the shelter is not provided in furtherance of or in an
attempt to conceal a person‟s illegal presence in the United States.
   (F)(H) Providing health care treatment or services to a natural person
who is in the United States unlawfully is not a violation of this
section.”
   SECTION 5. Chapter 17, Title 16 of the 1976 Code is amended by
adding:
   “Section 16-17-750. (A) It is unlawful for a person eighteen years
of age or older to fail to carry in the person‟s personal possession any
certificate of alien registration or alien registration receipt card issued
to the person pursuant to 8 U.S.C. Section 1304 while the person is in
this State.
   (B) A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be fined not more than one hundred dollars
or imprisoned for not more than thirty days, or both.”
   SECTION 6. Chapter 13, Title 17 of the 1976 Code is amended by
adding:
   “Section 17-13-170. (A) If a law enforcement officer of this State
or a political subdivision of this State lawfully stops, detains,
investigates, or arrests a person for a criminal offense, and during the
commission of the stop, detention, investigation, or arrest the officer
has reasonable suspicion to believe that the person is unlawfully
present in the United States, the officer shall make a reasonable effort,
when practicable, to determine whether the person is lawfully present
in the United States, unless the determination would hinder or obstruct
an investigation.
   (B)(1) If the person provides the officer with a valid form of any of
the following picture identifications, the person is presumed to be
lawfully present in the United States:
         (a) a driver‟s license or picture identification issued by the
South Carolina Department of Motor Vehicles;
         (b) a driver‟s license or picture identification issued by another
state;
         (c) a picture identification issued by the United States,
including a passport or military identification; or
         (d) a tribal picture identification.


[SJ]                                60
     (2) It is unlawful for a person to display, cause or permit to be
displayed, or have in the person‟s possession a false, fictitious,
fraudulent, or counterfeit picture identification for the purpose of
offering proof of the person‟s lawful presence in the United States. A
person who violates the provisions of this item:
        (a) for a first offense, is guilty of a misdemeanor, and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days; and
        (b) for a second offense or subsequent offenses, is guilty of a
felony, and, upon conviction, must be fined not more than five hundred
dollars or imprisoned not more than five years.
     (3) If the person cannot provide the law enforcement officer with
any of the forms of picture identification listed in this subsection, the
person may still be presumed to be lawfully present in the United
States, if the officer is able to otherwise verify that the person has been
issued any of those forms of picture identification.
     (4) If the person is operating a motor vehicle on a public highway
of this State without a driver‟s license in violation of Section 56-1-20,
the person may be arrested pursuant to Section 56-1-440.
     (5) If the person meets the presumption established pursuant to
this subsection, the officer may not further stop, detain, investigate, or
arrest the person based solely on the person‟s lawful presence in the
United States.
     (6) This section does not apply to a law enforcement officer who
is acting as a school resource officer for any elementary or secondary
school.
   (C)(1) If the person does not meet the presumption established
pursuant to subsection (B), the officer shall make a reasonable effort,
when practicable, to verify the person‟s lawful presence in the United
States by at least one of the following methods:
        (a) contacting the Illegal Immigration Enforcement Unit
within the South Carolina Department of Public Safety;
        (b) submitting an Immigration Alien Query through the
International Justice and Public Safety Network;
        (c) contacting the United States Immigration and Customs
Enforcement‟s Law Enforcement Support Center; or
        (d) contacting the United States Immigration and Customs
Enforcement‟s local field office.
     (2) The officer shall stop, detain, or investigate the person only
for a reasonable amount of time as allowed by law. If, after making a
reasonable effort, the officer is unable to verify the person‟s lawful
presence in the United States by one of the methods described in
subitem (C)(1), the officer may not further stop, detain, investigate, or

[SJ]                                61
arrest the person based solely on the person‟s lawful presence in the
United States.
      (3) If the officer verifies that the person is lawfully present in the
United States, the officer may not further stop, detain, investigate, or
arrest the person based solely on the person‟s lawful presence in the
United States.
      (4) If the officer determines that the person is unlawfully present
in the United States, the officer shall determine in cooperation with the
Illegal Immigration Enforcement Unit within the South Carolina
Department of Public Safety or the United States Immigration and
Customs Enforcement, as applicable, whether the officer shall retain
custody of the person for the underlying criminal offense for which the
person was stopped, detained, investigated, or arrested, or whether the
Illegal Immigration Enforcement Unit within the South Carolina
Department of Public Safety or the United States Immigration and
Customs Enforcement,as applicable, shall assume custody of the
person. The officer is not required by this section to retain custody of
the person based solely on the person‟s lawful presence in the United
States. The officer may securely transport the person to a federal
facility in this State or to any other point of transfer into federal custody
that is outside of the officer‟s jurisdiction. The officer shall obtain
judicial authorization before securely transporting a person to a point of
transfer that is outside of this State.
   (D) Nothing in this section must be construed to require a law
enforcement officer to stop, detain, investigate, arrest, or confine a
person based solely on the person‟s lawful presence in the United
States. A law enforcement officer may not attempt to make an
independent judgment of a person‟s lawful presence in the United
States. A law enforcement officer may not consider race, color, or
national origin in implementing this section, except to the extent
permitted by the United States or South Carolina Constitution. This
section must be implemented in a manner that is consistent with federal
laws regulating immigration, protecting the civil rights of all persons,
and respecting the privileges and immunities of United States citizens.
   (E) Except as provided by federal law, officers and agencies of this
State and political subdivisions of this State may not be prohibited or
restricted from sending, receiving, or maintaining information related
to the immigration status of any person or exchanging that information
with other federal, state, or local government entities for the following
purposes:
      (1) determining eligibility for any public benefit, service, or
license provided by the federal government, this State, or a political
subdivision of this State;

[SJ]                                62
      (2) verifying any claim of residence or domicile, if determination
of residence or domicile is required under the laws of this State or a
judicial order issued pursuant to a civil or criminal proceeding in this
State;
      (3) determining whether an alien is in compliance with the
federal registration laws prescribed by Chapter 7, Title II of the federal
Immigration and Nationality Act; or
      (4) pursuant to 8 U.S.C. Section 1373 and 8 U.S.C. Section 1644.
   (F) Nothing in this section must be construed to deny a person bond
or from being released from confinement when such person is
otherwise eligible for release. However, pursuant to the provisions of
Section 17-15-30, a court setting bond shall consider whether the
person charged is an alien unlawfully present in the United States.
   (G) No official, agency, or political subdivision of this State may
limit or restrict the enforcement of this section or federal immigration
laws.
   (H) This section does not implement, authorize, or establish, and
shall not be construed to implement, authorize, or establish the federal
Real ID Act of 2005.
   (I) Any time a motor vehicle is stopped by a state or local law
enforcement officer without a citation being issued or an arrest being
made, and the officer contacts the Illegal Immigration Enforcement
Unit within the Department of Public Safety pursuant to this section,
the officer who initiated the stop must complete a data collection form
designed by the Department of Public Safety, which must include
information regarding the age, gender, and race or ethnicity of the
driver of the vehicle. This information may be gathered and
transmitted electronically under the supervision of the Department of
Public Safety, which shall develop and maintain a database storing the
information collected. The Department of Public Safety must
promulgate regulations with regard to the collection and submission of
the information gathered. In addition, the Department of Public Safety
shall prepare a report to be posted on the Department of Public Safety‟s
website regarding motor vehicle stops using the collected information.
The General Assembly shall have the authority to withhold any state
funds or federal pass-through funds from any state or local law
enforcement agency that fails to comply with the requirements of this
subsection.”
   SECTION 7. Section 23-3-1100 of the 1976 Code is amended to
read:
   “Section 23-3-1100. (A) If a person is charged with a criminal
offense and is confined for any period in a jail of the State, county, or
municipality, or a jail operated by a regional jail authority, a reasonable

[SJ]                                63
effort shall be made to determine whether the confined person is an
alien unlawfully present in the United States.
   (B) If the prisoner is an alien, the keeper of the jail or other officer
must make a reasonable effort to verify whether the prisoner has been
lawfully admitted to the United States or if the prisoner is unlawfully
present in the United States. Verification must be made within
seventy-two hours through a query to the Law Enforcement Support
Center (LESC) of the United States Department of Homeland Security
or other office or agency designated for that purpose by the United
States Department of Homeland Security. If the prisoner is determined
to be an alien unlawfully present in the United States, the keeper of the
jail or other officer shall notify the United States Department of
Homeland Security.
   (C) Upon notification to the United States Department of Homeland
Security pursuant to subsection (B), the keeper of the jail must account
for daily expenses incurred for the housing, maintenance,
transportation, and care of the prisoner who is an alien unlawfully
present in the United States and must forward an invoice to the
Department of Homeland Security for these expenses.
   (D) The keeper of the jail or other officer may securely transport the
prisoner who is an alien unlawfully present in the United States to a
federal facility in this State or to any other point of transfer into federal
custody that is outside of the keeper of the jail or other officer‟s
jurisdiction. The keeper of the jail or other officer shall obtain judicial
authorization before securely transporting a prisoner who is unlawfully
present in the United States to a point of transfer that is outside of this
State.
   (E) If a prisoner who is an alien unlawfully present in the United
States completes the prisoner‟s sentence of incarceration, the keeper of
the jail or other officer shall notify the United States Department of
Homeland Security and shall securely transport the prisoner to a federal
facility in this State or to any other point of transfer into federal custody
that is outside of the keeper of the jail or other officer‟s jurisdiction.
The keeper of the jail or other officer shall obtain judicial authorization
before securely transporting a prisoner who is unlawfully present in the
United States to a point of transfer that is outside of this State.
   (D)(F) Nothing in this section shall be construed to deny a person
bond or from being released from confinement when such person is
otherwise eligible for release. However, pursuant to the provisions of
Section 17-15-30, a court setting bond shall consider whether the
person charged is an alien unlawfully present in the United States.
   (E)(G) The State Law Enforcement Division shall promulgate
regulations to comply with the provisions of this section in accordance

[SJ]                                64
with the provisions of Chapter 23 of Title 1 of the South Carolina Code
of Laws.
   (F)(H) In enforcing the terms of this section, no state officer shall
attempt to make an independent judgment of an alien‟s immigration
status. State officials must verify an alien‟s status with the federal
government in accordance with 8 U.S.C. Section 1373(c).”
   SECTION 8 Section 41-8-10 of the 1976 Code is amended to read:
   “Section 41-8-10. As used in this chapter:
   (A) „Agency‟ means any agency, department, board, or commission,
or political subdivision of this State or any political subdivision of this
State that issues a license licenses for the purposes of operating a
business in this State.
   (B) „Director‟ means the Director of the Department of Labor,
Licensing and Regulation or his the director‟s designee.
   (C) „License‟ means an agency permit, certificate, approval,
registration, charter, or similar form of authorization that is required by
law and that is issued by the State, any agency or political subdivision
of this State for the purpose of operating a business engaging in a
profession in this State, to include a South Carolina employment
license excluding professional licenses, but including employment
licenses, articles of organization, articles of incorporation, a certificate
of partnership, a partnership registration, a certificate to transact
business, or similar forms of authorization issued by the South Carolina
Secretary of State, and any transaction privilege tax license.
   (D) „Political subdivision‟ includes counties, cities, towns, villages,
townships, districts, authorities, and other public corporations and
entities whether organized and existing under charter or general law.
   (E) „Private employer‟ means any:
      (1) person or entity that transacts business in this State, is
required to have a license issued by an agency, department, board,
commission, or political subdivision of this State that issues licenses
for the purposes of operating a business in this State, and employs one
or more employees in this State, as defined in Section 12-8-10;
      (2) person or entity carrying on any employment and the legal
representative of a deceased person or the receiver or trustee of any
person, and; or
      (3) any person or entity for whom an individual performs a
service or sells a good, of whatever nature, as an employee, as defined
in Section 12-8-10.
   (F) „Unauthorized alien‟ means an unauthorized alien as defined by
8 U.S.C. Section 1324a(h)(3).”
   SECTION 9. Section 41-8-20 of the 1976 Code is amended to read:


[SJ]                                65
   “Section 41-8-20. (A) All private employers in South Carolina on
or after July 1, 2009, shall be imputed a South Carolina employment
license, which permits a private employer to employ a person in this
State. On and after July 1, 2009, a A private employer may not employ
a person unless his the private employer‟s South Carolina employment
license is and any other applicable licenses as defined in Section 41-8-
10 are in effect and is are not suspended or revoked. A private
employer‟s employment license shall remain in effect provided the
private employer complies with the provisions of this chapter.
   (B) On and after July 1, 2009, all All private employers of one
hundred or more employees who are required by federal law to
complete and maintain federal employment eligibility verification
forms or documents must:
     (1) register and participate in the E-Verify federal work
authorization program, or its successor, to verify information of all new
employees, and verify the work authorization of every new employee
within five three business days after employing a new employee; or
     (2) employ only workers who, at the time of employment:
        (a)    possess a valid South Carolina driver‟s license or
identification card issued by the South Carolina Department of Motor
Vehicles;
        (b) are eligible to obtain a South Carolina driver‟s license or
identification card in that they meet the requirements set forth in
Sections 56-1-40 through 56-1-90; or
        (c) possess a valid driver‟s license or identification card from
another state where the license requirements are at least as strict as
those in South Carolina, as determined by the director. The Executive
Director of the Department of Motor Vehicles, or his designee, shall
determine which states have driver‟s license requirements that are at
least as strict as those in South Carolina, and shall develop and
periodically update a list of the states. The Department of Motor
Vehicles shall provide the director with a copy of the list and all
updates to the list. The director shall publish the list on the Department
of Labor, Licensing and Regulation‟s website. A private employer who
does not comply with the requirements of this subsection violates the
private employer‟s licenses.
   (C) The provisions of subsection (B) apply to all private employers
who employ less than one hundred employees and who are required by
federal law to complete and maintain federal employment eligibility
verification forms or documents on and after July 1, 2010.
   (D)(C) The South Carolina Department of Employment and
Workforce must shall provide private employers with technical advice
and electronic access to the E-Verify federal work authorization

[SJ]                               66
program‟s website for the sole purpose of registering and participating
in the program.
   (E)(D) Private employers who elect to verify a new employee‟s work
authorization in accordance with Section 41-8-20(B)(1) shall
provisionally employ a new employee until his the new employee‟s
work authorization has been verified pursuant to this section. A private
employer who elects to verify a new employee‟s work authorization in
accordance with Section 41-8-20(B)(1) must shall submit a new
employee‟s name and information for verification even if the new
employee‟s employment is terminated less than five three business days
after becoming employed. If a new employee‟s work authorization is
not verified by the federal work authorization program, a private
employer must not employ, continue to employ, or re-employ the new
employee.
   (F)(E) To assist private employers in understanding the requirements
of this chapter, the director shall send written notice of the
requirements of this section, to include a list of states with driver‟s
license requirements at least as strict as those in South Carolina, to all
South Carolina employers no later than January 1, 2009, and shall
publish the information contained in the notice on its website. Nothing
in this section shall create a legal requirement that any private employer
receive actual notice of the requirements of this chapter through written
notice from the director, nor create any legal defense for failure to
receive notice.
   (F) If a private employer is a contractor, the private employer shall
maintain the contact phone numbers of all subcontractors and sub-
subcontractors performing services for the private employer. The
private employer shall provide the contact phone numbers or a contact
phone number, as applicable, to the director pursuant to an audit or
investigation within seventy-two hours of the director‟s request.”
   SECTION 10. Section 41-8-30 of the 1976 Code is amended to
read:
   “Section 41-8-30. A private employer shall not who knowingly or
intentionally employ employs an unauthorized alien violates the private
employer‟s licenses.”
   SECTION 11. Section 41-8-40 of the 1976 Code is amended to
read:
   “Section 41-8-40. For purposes of this chapter, a private employer
who in good faith verifies the immigration status of a new employee
pursuant to subsection (B)(1) of Section 41-8-20 shall must be
presumed to have complied with the provisions of Section 41-8-20 and
Section 41-8-30.”


[SJ]                               67
   SECTION 12. Section 41-8-50 of the 1976 Code is amended to
read:
   “Section 41-8-50. (A) Upon receipt of a written and signed
complaint against a private employer, or upon an investigation initiated
by the director for good cause, if the director finds reasonable grounds
exist that a private employer allegedly violated the provisions of
Section 41-8-20 or Section 41-8-30, the director must shall institute an
investigation of the alleged violation. The director shall verify the
work authorization status of the alleged unauthorized alien with the
federal government pursuant to 8 U.S.C. Section 1373(c). A state,
county, or local official must not attempt to independently determine if
an alien is authorized to work in the United States.
   (B) If, after completing the investigation, and after reviewing any
information or evidence submitted by the private employer
demonstrating compliance with the provisions of this chapter, the
director determines that substantial evidence exists to support a finding
that the private employer has committed a violation of Section 41-8-20
or Section 41-8-30, the director shall:
      (1) notify the United States Immigration and Customs
Enforcement of suspected unauthorized aliens employed by the private
employer;
      (2) notify state and local law enforcement agencies responsible
for enforcing state immigration laws of the employment of suspected
unauthorized aliens by the employer; and
      (3) assess a penalty take appropriate action in accordance with
subsection (D) of this section.
   (C) The director must not bring an action for an occurrence
involving a violation of Section 41-8-20 or Section 41-8-30 against a
private employer of one hundred or more employees prior to July 1,
2009, or against a private employer of less than one hundred employees
prior to July 1, 2010. The director must not bring an action against a
private employer for any employee who has been employed for five
three business days or less at the time of the director‟s inspection or
random audit. A second occurrence involving a violation of this
section must be based only on an employee who is employed by the
private employer after a first action has been brought for a violation of
Section 41-8-20 or Section 41-8-30.
   (D) Upon a finding of an occurrence involving a violation after an
investigation pursuant to subsection (A), or after a random audit
pursuant to Section 41-8-120(B), where the director considered all
information or evidence gathered by the director and any information
or evidence submitted by the private employer demonstrating
compliance with the provisions of this chapter:

[SJ]                               68
      (1)(a) prior to July 1, 2012, for an a first occurrence involving a
violation of Section 41-8-20, the private employer must be assessed a
civil penalty of not less than one hundred dollars and not more than one
thousand dollars for each violation. However, for a first occurrence
involving a violation of Section 41-8-20, if shall, upon notification by
the director of a violation of Section 41-8-20, the private employer
complies swear or affirm in writing that the private employer has
complied with the provisions of 8 U.S.C. Section 1324a from the
effective date of this section to the time the private employer received
notification from the director, and shall comply with the provisions of
Section 41-8-20(B) within seventy-two hours, he must not be assessed
a penalty three business days. Failure to swear or affirm compliance in
writing or failure to comply with Section 41-8-20 within three business
days requires that the private employer be placed on probation for a
period of one year, during which time the private employer shall submit
quarterly reports to the director demonstrating compliance with the
provisions of Section 41-8-20. The director shall provide appropriate
assistance to the private employer to aide the private employer in
complying with Section 41-8-20 within the three business day period.
The director may extend the three business day period, as necessary, if
the director determines that more time is required for compliance. Any
subsequent occurrence involving a violation of Section 41-8-20 by the
private employer shall must result in the assessment of a civil penalty
suspension of the private employer‟s licenses for at least ten days, but
not more than thirty days, by the director, except, if a private employer
has not committed a violation of Section 41-8-20 within the previous
five three years, a subsequent occurrence must be treated as a first
occurrence. If a private employer has ever committed a violation of
Section 41-8-30, he the private employer‟s South Carolina employment
license licenses must be assessed a civil penalty suspended for at least
ten days but not more than thirty days for any violation or subsequent
occurrence involving a violation of Section 41-8-20. The director must
shall verify the work authorization status of the employees with the
federal government pursuant to 8 U.S.C. Section 1373(c) and notify the
private employer of the results. The private employer must shall
immediately terminate an employee whose work authorization was not
verified upon being notified by the director. The director shall notify
federal, state, and local law enforcement officials of any suspected
unlawful unauthorized aliens employed by the private employer,
pursuant to subsections (A) and (B) of this section.
        (b) on or after July 1, 2012, for a first occurrence involving a
violation of Section 41-8-20, the private employer shall, upon
notification by the director of a violation of Section 41-8-20,

[SJ]                               69
immediately comply with the provisions of Section 41-8-20, and the
private employer must be placed on probation for a period of one year,
during which time the private employer shall submit quarterly reports
to the director demonstrating compliance with the provisions of Section
41-8-20. Any subsequent occurrence involving a violation of Section
41-8-20 by the private employer must result in the suspension of the
private employer‟s licenses for at least ten days but not more than thirty
days by the director, except, if a private employer has not committed a
violation of Section 41-8-20 within the previous three years, a
subsequent occurrence must be treated as a first occurrence. If a
private employer has ever committed a violation of Section 41-8-30,
the private employer‟s licenses must be suspended for at least ten days
but not more than thirty days for any violation or subsequent
occurrence involving a violation of Section 41-8-20. The director shall
verify the work authorization status of the employees with the federal
government pursuant to 8 U.S.C. Section 1373(c) and notify the private
employer of the results. The private employer shall immediately
terminate an employee whose work authorization was not verified upon
being notified by the director. The director shall notify federal, state,
and local law enforcement officials of any suspected unauthorized
aliens employed by the private employer.
        (2) for a first occurrence involving a violation of Section
41-8-30, a the private employer‟s license is licenses must be suspended,
and must remain suspended for at least ten days but not more than
thirty days. During the period of suspension, a the private employer
may not engage in business, open to the public, employ an employee,
or otherwise operate. After the period of suspension, a the private
employer‟s license licenses must be reinstated, permitting the private
employer to engage in business and to employ an employee, if the
private employer:
        (i)demonstrates that he the private employer has terminated the
unauthorized alien; and
        (ii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars;
      (3) for a second occurrence involving a violation of Section
41-8-30, a the private employer‟s license is licenses must be suspended,
and must remain suspended for at least thirty days but not more than
sixty days. During the period of suspension, a the private employer
may not engage in business, open to the public, employ an employee,
or otherwise operate. After the period of suspension, a the private
employer‟s license licenses must be reinstated, permitting the private


[SJ]                               70
employer to engage in business and to, open to the public, employ an
employee, and otherwise operate, if the private employer:
        (i)demonstrates that he the private employer has terminated the
unauthorized alien; and
        (ii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars;
     (4) for a third and or subsequent occurrences occurrence
involving a violation of Section 41-8-30, a the private employer‟s
license is licenses must be revoked, and the private employer may not
engage in business, open to the public, employ an employee, or
otherwise operate. For a third occurrence only, after ninety days, a
private employer may petition the director for a provisional license. A
provisional license permits a private employer to engage in business,
open to the public, employ an employee, and otherwise operate. The
director may grant the private employer permission to apply for a
provisional license if the private employer:
        (i)agrees to be on probation for a period of three years, during
which time the private employer must shall submit quarterly reports to
the director demonstrating compliance with the provisions of Sections
41-8-20 and 41-8-30;
        (ii) demonstrates that he the private employer has terminated
the unauthorized alien; and
        (iii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars.
   For all other occurrences where a private employer‟s license is
licenses are revoked, the private employer may not seek reinstatement
of his license the private employer‟s licenses for a period of five years.
After five years, the director may grant reinstatement of a private
employer‟s licenses if the private employer:
        (i)agrees to be on probation for a period of three years, during
which time the private employer must shall submit quarterly reports to
the director demonstrating compliance with the provisions of Sections
41-8-20 and 41-8-30;
        (ii) demonstrates that he the private employer has terminated
the unauthorized alien; and
        (iii) pays a reinstatement fee equal to the cost of investigating
and adjudicating the matter, provided that the reinstatement fee must
not exceed one thousand dollars.
     (5) If a private employer engages in business or employs a new
employee during the period that his license is the private employer‟s
licenses are suspended, the private employer‟s license shall licenses

[SJ]                               71
must be revoked, and shall must not be reinstated for a period of five
years, and only upon a determination by the director that the private
employer has complied with the provisions of item (4) of this section.
   (E) For purposes of this chapter, it shall be a separate violation each
time the private employer fails to verify the immigration status of a
new employee as required by Section 41-8-20.
   (F) In assessing a civil penalty or taking any other disciplinary
action for a violation of Section 41-8-20 or Section 41-8-30, the
director shall base his the director‟s determination on any evidence or
information collected during the investigation or submitted for
consideration by the employer, and shall consider the following factors,
if relevant:
      (1) the number of employees for whom the private employer has
failed to verify their immigration status;
      (2) the prior violations of this chapter by the private employer;
      (3) the size of the private employer‟s workforce;
      (4) any actions taken by the private employer to comply with
federal immigration laws or with the provisions of this chapter;
      (5) any actions taken by the private employer subsequent to the
inspection or random audit to comply with the provisions of this
chapter; and
      (6) the duration of the violation;
      (7) the degree of the violation; and
      (8) the good faith of the private employer.
   (G) Reinstatement fees assessed in accordance with this section
shall must be used to cover the administrative costs of implementing,
investigating, and enforcing the provisions of this chapter.
   (H) The director shall maintain a list of all private employers who
have been assessed a civil penalty pursuant to this chapter, or who had
their license licenses disciplined, or revoked, pursuant to this chapter
and shall publish the list on the agency‟s website. The director shall
remove a private employer from the list who has committed only a first
occurrence pursuant to Section 41-8-20 one year after the private
employer‟s name has been published, if the private employer has not
subsequently had their licenses disciplined, or revoked, pursuant to this
chapter within the one year period.
   (I) If a private employer continues to engage in business after his
license has the private employer‟s licenses have been revoked pursuant
to this chapter, the director must seek an injunction from the
Administrative Law Court to enjoin the private employer from
continuing to operate his the private employer‟s business for which his
license was the private employer‟s licenses were revoked or from
employing new employees.

[SJ]                               72
   (J) The director shall notify the applicable licensing agency or
political subdivision if the director determines that a private employer‟s
license must be suspended or revoked pursuant to this section. The
applicable agency or political subdivision shall immediately suspend or
revoke the private employer‟s license.”
   SECTION 13. Section 41-8-60 of the 1976 Code is amended to
read:
   “Section 41-8-60. (A) In each case where a civil penalty assessed
by the director pursuant to Section 41-8-50(D)(1) is not paid within
sixty days, the director shall bring an action against the assessed
employer for collection of the penalty. An action commenced by the
director shall be brought in accordance with the provisions of Chapter
23 of Title 1 of the South Carolina Code of Laws.
   (B) A private employer may seek review of the director‟s
assessment of a civil penalty or disciplinary action pursuant to Section
41-8-50 with the Administrative Law Court, and the action shall must
be brought in accordance with the provisions of Chapter 23 of Title 1 of
the South Carolina Code of Laws.”
   SECTION 14. Section 41-8-120(A) of the 1976 Code is amended
to read:
   “(A) The director shall promulgate regulations in accordance with the
provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws
to establish a procedure for administrative review of any revocation,
civil penalty, or other disciplinary action assessed against a private
employer or his South Carolina employment license pursuant to this
chapter.”
   SECTION 15. Article 1, Chapter 13, Title 16 of the 1976 Code is
amended by adding:
   “Section 16-13-480. Unless otherwise provided by law, it is
unlawful for a person to make, issue, or sell, or offer to make, issue, or
sell, a false, fictitious, fraudulent, or counterfeit picture identification
that is for use by an alien who is unlawfully present in the United
States. A person who violates this section is guilty of a felony, and,
upon conviction, must be fined twenty-five thousand dollars or
imprisoned for not more than five years, or both.”
   SECTION 16. Section 23-3-80 of the 1976 Code is repealed.
   SECTION 17. Title 23, Chapter 6, Article 1 of the 1976 Code is
amended by adding:
   “Section 23-6-60. (A) There is created an Illegal Immigration
Enforcement Unit within the Department of Public Safety. The
purpose of the Illegal Immigration Enforcement Unit is to enforce
immigration laws as authorized pursuant to federal laws and the laws of
this State.

[SJ]                                73
   (B) The Illegal Immigration Enforcement Unit is under the
administrative direction of the department‟s director. The department‟s
director shall maintain and provide administrative support for the
Illegal Immigration Enforcement Unit. The department‟s director may
appoint appropriate personnel within the department to administer and
oversee the operations of the Illegal Immigration Enforcement Unit.
   (C)(1) The Illegal Immigration Enforcement Unit shall have such
officers, agents, and employees as the department‟s director may deem
necessary and proper for the enforcement of immigration laws as
authorized pursuant to federal laws and the laws of this State.
      (2)(a) The enforcement of immigration laws as authorized
pursuant to federal laws and the laws of this State must be the only
responsibility of the officers of the Illegal Immigration Enforcement
Unit.
         (b) The officers shall be commissioned by the Governor upon
the recommendation of the department‟s director.
         (c) The officers shall have the same power to serve criminal
prossesses against offenders as sheriffs of the various counties and also
the same power as those sheriffs to arrest without warrants and to
detain persons found violating or attempting to violate immigration
laws. The officers also shall have the same power and authority held
by deputy sheriffs for the enforcement of the criminal laws of the State.
         (d) The department must provide the officers with distinctive
uniforms and suitable arms and equipment for use in the performance
of their duties. The officers shall at all times, when in the performance
of their duties, wear complete uniforms with badges conspicuously
displayed on the outside of their uniforms, except officers performing
undercover duties. The department director shall prescribe a unique
and distinctive official uniform with appropriate insignia to be worn by
all officers when on duty and at other times as the department‟s director
shall order, and a distinctive color or colors and appropriate emblems
for all motor vehicles used by the Illegal Immigration Enforcement
Unit except those designated by the director.              No other law
enforcement agency, private security agency, or any person shall wear
a similar uniform and insignia that could be confused with the uniform
and insignia of the Illegal Immigration Enforcement Unit. An emblem
may not be used on a nondepartment motor vehicle, nor may the
vehicle be painted in a color or in any manner that would cause the
vehicle to be similar to an Illegal Immigration Enforcement Unit
vehicle or readily confused with it. The department‟s director shall file
with the Legislative Council for publication in the State Register a
description and illustration of the official Illegal Immigration
Enforcement Unit uniform with insignia and the emblems of the

[SJ]                               74
official Illegal Immigration Enforcement Unit and motor vehicles
including a description of the color of the uniforms and vehicles.
   (D) Notwithstanding any other provision of law, the Illegal
Immigration Enforcement Unit must be funded annually by a specific
appropriation to the Illegal Immigration Enforcement Unit in the state
general appropriations act, separate and distinct from the department‟s
other appropriations.
   (E) The department‟s director shall negotiate the terms of a
memorandum of agreement with the United States Immigration and
Customs Enforcement pursuant to Section 287(g) of the federal
Immigration and Nationality Act as soon as possible after the effective
date of this act.
   (F) Nothing in this section may be construed to prevent other law
enforcement agencies of the State and political subdivisions of the
State, including local law enforcement agencies, from enforcing
immigration laws as authorized pursuant to federal laws and the laws of
this State.
   (G) The department shall develop an illegal immigration
enforcement training program which the department shall offer to all
local law enforcement agencies to assist any local law enforcement
agency wishing to utilize the training program in the proper
implementation, management, and enforcement of applicable
immigration laws.”
   SECTION 18. The repeal or amendment by this act of any law,
whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability
incurred under the repealed or amended law, unless the repealed or
amended provision shall so expressly provide. After the effective date
of this act, all laws repealed or amended by this act must be taken and
treated as remaining in full force and effect for the purpose of
sustaining any pending or vested right, civil action, special proceeding,
criminal prosecution, or appeal existing as of the effective date of this
act, and for the enforcement of rights, duties, penalties, forfeitures, and
liabilities as they stood under the repealed or amended laws.
   SECTION 19. If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this, and
each and every section, subsection, paragraph, subparagraph, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or
more other sections, subsections, paragraphs, subparagraphs, sentences,

[SJ]                                75
clauses, phrases, or words hereof may be declared to be
unconstitutional, invalid, or otherwise ineffective.
   SECTION 20. SECTION 17 of this act takes effect upon funding
of the Illegal Immigration Enforcement Unit by the General Assembly
pursuant to Section 23-6-60(D) and upon granting of Section 287(g) of
the federal Immigration and Nationality Act authority to the
Department of Public Safety pursuant to Section 23-6-60(E). The
remaining provisions of this act take effect on January 1, 2012. /
   Renumber sections to conform.
   Amend title to conform.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                       Ayes 22; Nays 14

                               AYES
Alexander              Bright                  Bryant
Campsen                Cleary                  Courson
Fair                   Grooms                  Hayes
Lourie                 Martin, Larry           Martin, Shane
Massey                 McConnell               O'Dell
Peeler                 Rankin                  Rose
Ryberg                 Shoopman                Thomas
Verdin

                             Total--22

                               NAYS
Coleman                Elliott                 Ford
Hutto                  Land                    Leventis
Malloy                 Matthews                McGill
Nicholson              Pinckney                Reese
Scott                  Williams

                             Total--14

  Amendment No. 2C was adopted.

                   Statement by Senator KNOTTS
  Having been out of the Chamber attending an Amazon welcoming
event at the time the vote was taken, I would have voted in favor of
Amendment No. 2C.


[SJ]                             76
                            Amendment No. 3
   Senator RANKIN proposed the following amendment
(20R030.LAR), which was tabled:
   Amend the bill, as and if amended, by adding an appropriately
numbered new SECTION to read:
   /    SECTION ___. A. Article 1, Chapter 6, Title 23 of the 1976
Code is amended by adding:
   “Section 23-6-65. (A) There is levied the following fees on money
transmission or wire transfers of money by a money transmitter
required by federal regulation to register with the United States
Department of Treasury Financial Crimes Enforcement Network, from
a location within this State to a location outside of the United States:
     (1) a five dollar fee for wire transfers of less than five hundred
dollars; and
     (2) a fee equal to one percent of the amount transferred for wire
transfers of more than five hundred dollars.
   (B) The money transmitter shall collect the fee from the person
making the money transmission or wire transfer of money. The fee
must be remitted to the Department of Revenue in a manner prescribed
by the department.
   (C) This section does not apply to automated clearinghouse
transfers.
   (D) Any South Carolina income tax filer is allowed a refundable
income tax credit for the total amount of the fee paid by the filer during
a tax year.
   (E) All monies collected pursuant to this section remaining after the
credit pursuant to subsection (C) is provided must be transferred
annually to the Department of Public Safety to support the activities of
the Illegal Immigration Enforcement Unit created pursuant to Section
23-6-60.”
   B. This section takes effect January 1, 2012.       /
   Renumber sections to conform.
   Amend title to conform.

   Senator RANKIN explained the amendment.
   Senator LARRY MARTIN spoke on the amendment.
   Senator LARRY MARTIN moved to lay the amendment on the
table.

  The amendment was laid on the table.




[SJ]                               77
                  Clerk’s Conforming Amendment
  The following amendment (20R031.CLERK.docx) incorporates and
conforms all the adopted amendments:

   Amend the bill, as and if amended, by striking all after the enacting
words, and inserting:
   / SECTION 1. Section 6-1-170 of the 1976 Code is amended by
adding subsection (E) to read:
   “(E)(1) Notwithstanding any other provision of law, a resident of a
political subdivision in this State may bring a civil action in the circuit
court in which the resident and political subdivision are located to
enjoin:
        (a) an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law enforcement
officer, local official, or local government employee from seeking to
enforce a state law with regard to immigration;
        (b) an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law enforcement
officer, local official, or local government employee from
communicating to appropriate federal or state officials regarding the
immigration status of a person within this State; or
        (c) an enactment by the political subdivision of any ordinance,
policy, regulation, or other legislation pertaining to the employment,
licensing, permitting, or otherwise doing business with a person based
upon that person‟s authorization to work in the United States, which
intentionally exceeds or conflicts with federal law or that intentionally
conflicts with state law.
      (2) A person who is not a resident of the political subdivision
may not bring an action against the political subdivision pursuant to
this subsection. The action must be brought against the political
subdivision and not against an employee of the political subdivision
acting in the employee‟s individual capacity.
      (3) If the court finds that the political subdivision has
intentionally violated this section, the court shall enjoin the enactment,
action, policy, or practice, and may enter a judgment against the
political subdivision of not less than one thousand dollars nor more
than five thousand dollars for each day that the enactment, action,
policy, or practice remains or remained in effect. The proceeds from
any such judgment must be used to reimburse the resident‟s reasonable
attorney‟s fees. Any remaining proceeds must be used to cover the
administrative costs of implementing, investigating, and enforcing the
provisions of Chapter 8, Title 41 of the South Carolina Code of Laws.”


[SJ]                                78
   SECTION 2. Section 8-14-10(9) of the 1976 Code is amended to
read:
   “(9) „Private employer‟ means any:
     (a) person or entity that transacts business in this State, is
required to have a license issued by an agency, department, board,
commission, or political subdivision of this State that issues licenses
for the purposes of operating a business in this State, and employs one
or more employees in this State, as defined in Section 12-8-10;
     (b) person or entity carrying on any employment and the legal
representative of a deceased person or the receiver or trustee of any
person, and; or
     (c) any person or entity for whom an individual performs a
service or sells a good, of whatever nature, as an employee, as defined
in Section 12-8-10.”
   SECTION 3. Section 8-14-20 of the 1976 Code is amended to read:
   “Section 8-14-20. (A) On or after January 1, 2009, every Every
public employer shall register and participate in the federal work
authorization program to verify the employment authorization of all
new employees.
   (B) A public employer may not enter into a services contract with a
contractor for the physical performance of services within this State
unless the contractor agrees:
     (1) to register and participate in the federal work authorization
program to verify the employment authorization of all new employees
and require agreement from its subcontractors, and through the
subcontractors, the sub-subcontractors, to register and participate in the
federal verification of work authorization program to verify the
employment authorization of all new employees; or
     (2) to employ only workers who:
        (a)    possess a valid South Carolina driver‟s license or
identification card issued by the South Carolina Department of Motor
Vehicles;
        (b) are eligible to obtain a South Carolina driver‟s license or
identification card in that they meet the requirements set forth in
Sections 56-1-40 through 56-1-90; or
        (c) possess a valid driver‟s license or identification card from
another state where the license requirements are at least as strict as
those in South Carolina, as determined by the Executive Director of the
South Carolina Department of Motor Vehicles, or his designee. The
Executive Director of the South Carolina Department of Motor
Vehicles, or his designee, shall publish on its website a list of states
where the license requirements are at least as strict as those in South
Carolina.

[SJ]                               79
   (C) A public employer and contractor must not divide work or
duties that would otherwise constitute a single service contract into
separate contracts for the purpose of avoiding the requirements of this
chapter.
   (D) Subsection (B) applies as follows:
     (1) on and after January 1, 2009, with respect to contractors,
subcontractors, or sub-subcontractors of five hundred or more
employees;
     (2) on and after July 1, 2009, with respect to contractors,
subcontractors, or sub-subcontractors of one hundred or more
employees but less than five hundred employees; and
     (3) on and after January 1, 2010, with respect to all other
contractors, subcontractors, or sub-subcontractors.
   (E) Private employers shall comply with the provisions of Chapter 8,
Title 41.”
   SECTION 4. Section 16-9-460 of the 1976 Code is amended to
read:
   “Section 16-9-460. (A) It is a felony for a person who has come to,
entered, or remained in the United States in violation of law to allow
themselves to be transported, moved, or attempted to be transported
within the State or to solicit or conspire to be transported or moved
within the State with intent to further the person‟s unlawful entry into
the United States or avoiding apprehension or detection of the person‟s
unlawful immigration status by state or federal authorities.
   (A)(B) It is a felony for a person knowingly or in reckless disregard
of the fact that another person has come to, entered, or remained in the
United States in violation of law to transport, move, or attempt to
transport that person within the State or to solicit or conspire to
transport or move that person within the State with intent to further that
person‟s unlawful entry into the United States or avoiding apprehension
or detection of that person‟s unlawful immigration status by state or
federal authorities.
   (C) It is a felony for a person who has come to, entered, or remained
in the United States in violation of law to conceal, harbor, or shelter
themselves from detection or to solicit or conspire to conceal, harbor,
or shelter themselves from detection in any place, including a building
or means of transportation, with intent to further that person‟s unlawful
entry into the United States or avoiding apprehension or detection of
the person‟s unlawful immigration status by state or federal authorities.
   (B)(D) It is a felony for a person knowingly or in reckless disregard
of the fact that another person has come to, entered, or remained in the
United States in violation of law to conceal, harbor, or shelter from
detection or to solicit or conspire to conceal, harbor, or shelter from

[SJ]                               80
detection that person in any place, including a building or means of
transportation, with intent to further that person‟s unlawful entry into
the United States or avoiding apprehension or detection of that person‟s
unlawful immigration status by state or federal authorities.
   (C)(E) A person who violates the provisions of subsection (A) or (B)
of this section is guilty of a felony and, upon conviction, must be
punished by a fine not to exceed five thousand dollars or by
imprisonment for a term not to exceed five years, or both.
   (D)(F) A person who is convicted of, pleads guilty to, or enters into
a plea of nolo contendere to a violation of this section must not be
permitted to seek or obtain any professional license offered by the State
or any agency or political subdivision of the State.
   (E)(G) Subsections (A) and (B) do This section does not apply to
programs, services, or assistance including soup kitchens, crisis
counseling and intervention; churches or other religious institutions that
are recognized as a 501(c)(3) organizations by the Internal Revenue
Service; and short-term shelters specified by the United States
Attorney General, in the United States Attorney General‟s sole
discretion after consultation with appropriate federal agencies and
departments, which:
      (i)deliver in-kind services at the community level, including
through public or private nonprofit agencies;
      (ii) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the individual
recipient‟s income or resources; and
      (iii) are necessary for the protection of life or safety.
   Shelter provided for strictly humanitarian purposes or provided
under the Violence Against Women Act is not a violation of this
section, so long as the shelter is not provided in furtherance of or in an
attempt to conceal a person‟s illegal presence in the United States.
   (F)(H) Providing health care treatment or services to a natural person
who is in the United States unlawfully is not a violation of this
section.”
   SECTION 5. Chapter 17, Title 16 of the 1976 Code is amended by
adding:
   “Section 16-17-750. (A) It is unlawful for a person eighteen years
of age or older to fail to carry in the person‟s personal possession any
certificate of alien registration or alien registration receipt card issued
to the person pursuant to 8 U.S.C. Section 1304 while the person is in
this State.
   (B) A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be fined not more than one hundred dollars
or imprisoned for not more than thirty days, or both.”

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   SECTION 6. Chapter 13, Title 17 of the 1976 Code is amended by
adding:
   “Section 17-13-170. (A) If a law enforcement officer of this State
or a political subdivision of this State lawfully stops, detains,
investigates, or arrests a person for a criminal offense, and during the
commission of the stop, detention, investigation, or arrest the officer
has reasonable suspicion to believe that the person is unlawfully
present in the United States, the officer shall make a reasonable effort,
when practicable, to determine whether the person is lawfully present
in the United States, unless the determination would hinder or obstruct
an investigation.
   (B)(1) If the person provides the officer with a valid form of any of
the following picture identifications, the person is presumed to be
lawfully present in the United States:
        (a) a driver‟s license or picture identification issued by the
South Carolina Department of Motor Vehicles;
        (b) a driver‟s license or picture identification issued by another
state;
        (c) a picture identification issued by the United States,
including a passport or military identification; or
        (d) a tribal picture identification.
     (2) It is unlawful for a person to display, cause or permit to be
displayed, or have in the person‟s possession a false, fictitious,
fraudulent, or counterfeit picture identification for the purpose of
offering proof of the person‟s lawful presence in the United States. A
person who violates the provisions of this item:
        (a) for a first offense, is guilty of a misdemeanor, and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days; and
        (b) for a second offense or subsequent offenses, is guilty of a
felony, and, upon conviction, must be fined not more than five hundred
dollars or imprisoned not more than five years.
     (3) If the person cannot provide the law enforcement officer with
any of the forms of picture identification listed in this subsection, the
person may still be presumed to be lawfully present in the United
States, if the officer is able to otherwise verify that the person has been
issued any of those forms of picture identification.
     (4) If the person is operating a motor vehicle on a public highway
of this State without a driver‟s license in violation of Section 56-1-20,
the person may be arrested pursuant to Section 56-1-440.
     (5) If the person meets the presumption established pursuant to
this subsection, the officer may not further stop, detain, investigate, or


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arrest the person based solely on the person‟s lawful presence in the
United States.
      (6) This section does not apply to a law enforcement officer who
is acting as a school resource officer for any elementary or secondary
school.
   (C)(1) If the person does not meet the presumption established
pursuant to subsection (B), the officer shall make a reasonable effort,
when practicable, to verify the person‟s lawful presence in the United
States by at least one of the following methods:
        (a) contacting the Illegal Immigration Enforcement Unit
within the South Carolina Department of Public Safety;
        (b) submitting an Immigration Alien Query through the
International Justice and Public Safety Network;
        (c) contacting the United States Immigration and Customs
Enforcement‟s Law Enforcement Support Center; or
        (d) contacting the United States Immigration and Customs
Enforcement‟s local field office.
      (2) The officer shall stop, detain, or investigate the person only
for a reasonable amount of time as allowed by law. If, after making a
reasonable effort, the officer is unable to verify the person‟s lawful
presence in the United States by one of the methods described in
subitem (C)(1), the officer may not further stop, detain, investigate, or
arrest the person based solely on the person‟s lawful presence in the
United States.
      (3) If the officer verifies that the person is lawfully present in the
United States, the officer may not further stop, detain, investigate, or
arrest the person based solely on the person‟s lawful presence in the
United States.
      (4) If the officer determines that the person is unlawfully present
in the United States, the officer shall determine in cooperation with the
Illegal Immigration Enforcement Unit within the South Carolina
Department of Public Safety or the United States Immigration and
Customs Enforcement, as applicable, whether the officer shall retain
custody of the person for the underlying criminal offense for which the
person was stopped, detained, investigated, or arrested, or whether the
Illegal Immigration Enforcement Unit within the South Carolina
Department of Public Safety or the United States Immigration and
Customs Enforcement,as applicable, shall assume custody of the
person. The officer is not required by this section to retain custody of
the person based solely on the person‟s lawful presence in the United
States. The officer may securely transport the person to a federal
facility in this State or to any other point of transfer into federal custody
that is outside of the officer‟s jurisdiction. The officer shall obtain

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judicial authorization before securely transporting a person to a point of
transfer that is outside of this State.
   (D) Nothing in this section must be construed to require a law
enforcement officer to stop, detain, investigate, arrest, or confine a
person based solely on the person‟s lawful presence in the United
States. A law enforcement officer may not attempt to make an
independent judgment of a person‟s lawful presence in the United
States. A law enforcement officer may not consider race, color, or
national origin in implementing this section, except to the extent
permitted by the United States or South Carolina Constitution. This
section must be implemented in a manner that is consistent with federal
laws regulating immigration, protecting the civil rights of all persons,
and respecting the privileges and immunities of United States citizens.
   (E) Except as provided by federal law, officers and agencies of this
State and political subdivisions of this State may not be prohibited or
restricted from sending, receiving, or maintaining information related
to the immigration status of any person or exchanging that information
with other federal, state, or local government entities for the following
purposes:
      (1) determining eligibility for any public benefit, service, or
license provided by the federal government, this State, or a political
subdivision of this State;
      (2) verifying any claim of residence or domicile, if determination
of residence or domicile is required under the laws of this State or a
judicial order issued pursuant to a civil or criminal proceeding in this
State;
      (3) determining whether an alien is in compliance with the
federal registration laws prescribed by Chapter 7, Title II of the federal
Immigration and Nationality Act; or
      (4) pursuant to 8 U.S.C. Section 1373 and 8 U.S.C. Section 1644.
   (F) Nothing in this section must be construed to deny a person bond
or from being released from confinement when such person is
otherwise eligible for release. However, pursuant to the provisions of
Section 17-15-30, a court setting bond shall consider whether the
person charged is an alien unlawfully present in the United States.
   (G) No official, agency, or political subdivision of this State may
limit or restrict the enforcement of this section or federal immigration
laws.
   (H) This section does not implement, authorize, or establish, and
shall not be construed to implement, authorize, or establish the federal
Real ID Act of 2005.
   (I) Any time a motor vehicle is stopped by a state or local law
enforcement officer without a citation being issued or an arrest being

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made, and the officer contacts the Illegal Immigration Enforcement
Unit within the Department of Public Safety pursuant to this section,
the officer who initiated the stop must complete a data collection form
designed by the Department of Public Safety, which must include
information regarding the age, gender, and race or ethnicity of the
driver of the vehicle. This information may be gathered and
transmitted electronically under the supervision of the Department of
Public Safety, which shall develop and maintain a database storing the
information collected. The Department of Public Safety must
promulgate regulations with regard to the collection and submission of
the information gathered. In addition, the Department of Public Safety
shall prepare a report to be posted on the Department of Public Safety‟s
website regarding motor vehicle stops using the collected information.
The General Assembly shall have the authority to withhold any state
funds or federal pass-through funds from any state or local law
enforcement agency that fails to comply with the requirements of this
subsection.”
   SECTION 7. Section 23-3-1100 of the 1976 Code is amended to
read:
   “Section 23-3-1100. (A) If a person is charged with a criminal
offense and is confined for any period in a jail of the State, county, or
municipality, or a jail operated by a regional jail authority, a reasonable
effort shall be made to determine whether the confined person is an
alien unlawfully present in the United States.
   (B) If the prisoner is an alien, the keeper of the jail or other officer
must make a reasonable effort to verify whether the prisoner has been
lawfully admitted to the United States or if the prisoner is unlawfully
present in the United States. Verification must be made within
seventy-two hours through a query to the Law Enforcement Support
Center (LESC) of the United States Department of Homeland Security
or other office or agency designated for that purpose by the United
States Department of Homeland Security. If the prisoner is determined
to be an alien unlawfully present in the United States, the keeper of the
jail or other officer shall notify the United States Department of
Homeland Security.
   (C) Upon notification to the United States Department of Homeland
Security pursuant to subsection (B), the keeper of the jail must account
for daily expenses incurred for the housing, maintenance,
transportation, and care of the prisoner who is an alien unlawfully
present in the United States and must forward an invoice to the
Department of Homeland Security for these expenses.
   (D) The keeper of the jail or other officer may securely transport the
prisoner who is an alien unlawfully present in the United States to a

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federal facility in this State or to any other point of transfer into federal
custody that is outside of the keeper of the jail or other officer‟s
jurisdiction. The keeper of the jail or other officer shall obtain judicial
authorization before securely transporting a prisoner who is unlawfully
present in the United States to a point of transfer that is outside of this
State.
   (E) If a prisoner who is an alien unlawfully present in the United
States completes the prisoner‟s sentence of incarceration, the keeper of
the jail or other officer shall notify the United States Department of
Homeland Security and shall securely transport the prisoner to a federal
facility in this State or to any other point of transfer into federal custody
that is outside of the keeper of the jail or other officer‟s jurisdiction.
The keeper of the jail or other officer shall obtain judicial authorization
before securely transporting a prisoner who is unlawfully present in the
United States to a point of transfer that is outside of this State.
   (D)(F) Nothing in this section shall be construed to deny a person
bond or from being released from confinement when such person is
otherwise eligible for release. However, pursuant to the provisions of
Section 17-15-30, a court setting bond shall consider whether the
person charged is an alien unlawfully present in the United States.
   (E)(G) The State Law Enforcement Division shall promulgate
regulations to comply with the provisions of this section in accordance
with the provisions of Chapter 23 of Title 1 of the South Carolina Code
of Laws.
   (F)(H) In enforcing the terms of this section, no state officer shall
attempt to make an independent judgment of an alien‟s immigration
status. State officials must verify an alien‟s status with the federal
government in accordance with 8 U.S.C. Section 1373(c).”
   SECTION 8 Section 41-8-10 of the 1976 Code is amended to read:
   “Section 41-8-10. As used in this chapter:
   (A) „Agency‟ means any agency, department, board, or commission,
or political subdivision of this State or any political subdivision of this
State that issues a license licenses for the purposes of operating a
business in this State.
   (B) „Director‟ means the Director of the Department of Labor,
Licensing and Regulation or his the director‟s designee.
   (C) „License‟ means an agency permit, certificate, approval,
registration, charter, or similar form of authorization that is required by
law and that is issued by the State, any agency or political subdivision
of this State for the purpose of operating a business engaging in a
profession in this State, to include a South Carolina employment
license excluding professional licenses, but including employment
licenses, articles of organization, articles of incorporation, a certificate

[SJ]                                86
of partnership, a partnership registration, a certificate to transact
business, or similar forms of authorization issued by the South Carolina
Secretary of State, and any transaction privilege tax license.
   (D) „Political subdivision‟ includes counties, cities, towns, villages,
townships, districts, authorities, and other public corporations and
entities whether organized and existing under charter or general law.
   (E) „Private employer‟ means any:
      (1) person or entity that transacts business in this State, is
required to have a license issued by an agency, department, board,
commission, or political subdivision of this State that issues licenses
for the purposes of operating a business in this State, and employs one
or more employees in this State, as defined in Section 12-8-10;
      (2) person or entity carrying on any employment and the legal
representative of a deceased person or the receiver or trustee of any
person, and; or
      (3) any person or entity for whom an individual performs a
service or sells a good, of whatever nature, as an employee, as defined
in Section 12-8-10.
   (F) „Unauthorized alien‟ means an unauthorized alien as defined by
8 U.S.C. Section 1324a(h)(3).”
   SECTION 9. Section 41-8-20 of the 1976 Code is amended to read:
   “Section 41-8-20. (A) All private employers in South Carolina on
or after July 1, 2009, shall be imputed a South Carolina employment
license, which permits a private employer to employ a person in this
State. On and after July 1, 2009, a A private employer may not employ
a person unless his the private employer‟s South Carolina employment
license is and any other applicable licenses as defined in Section 41-8-
10 are in effect and is are not suspended or revoked. A private
employer‟s employment license shall remain in effect provided the
private employer complies with the provisions of this chapter.
   (B) On and after July 1, 2009, all All private employers of one
hundred or more employees who are required by federal law to
complete and maintain federal employment eligibility verification
forms or documents must:
      (1) register and participate in the E-Verify federal work
authorization program, or its successor, to verify information of all new
employees, and verify the work authorization of every new employee
within five three business days after employing a new employee; or
      (2) employ only workers who, at the time of employment:
        (a)    possess a valid South Carolina driver‟s license or
identification card issued by the South Carolina Department of Motor
Vehicles;


[SJ]                               87
         (b) are eligible to obtain a South Carolina driver‟s license or
identification card in that they meet the requirements set forth in
Sections 56-1-40 through 56-1-90; or
         (c) possess a valid driver‟s license or identification card from
another state where the license requirements are at least as strict as
those in South Carolina, as determined by the director. The Executive
Director of the Department of Motor Vehicles, or his designee, shall
determine which states have driver‟s license requirements that are at
least as strict as those in South Carolina, and shall develop and
periodically update a list of the states. The Department of Motor
Vehicles shall provide the director with a copy of the list and all
updates to the list. The director shall publish the list on the Department
of Labor, Licensing and Regulation‟s website. A private employer who
does not comply with the requirements of this subsection violates the
private employer‟s licenses.
   (C) The provisions of subsection (B) apply to all private employers
who employ less than one hundred employees and who are required by
federal law to complete and maintain federal employment eligibility
verification forms or documents on and after July 1, 2010.
   (D)(C) The South Carolina Department of Employment and
Workforce must shall provide private employers with technical advice
and electronic access to the E-Verify federal work authorization
program‟s website for the sole purpose of registering and participating
in the program.
   (E)(D) Private employers who elect to verify a new employee‟s work
authorization in accordance with Section 41-8-20(B)(1) shall
provisionally employ a new employee until his the new employee‟s
work authorization has been verified pursuant to this section. A private
employer who elects to verify a new employee‟s work authorization in
accordance with Section 41-8-20(B)(1) must shall submit a new
employee‟s name and information for verification even if the new
employee‟s employment is terminated less than five three business days
after becoming employed. If a new employee‟s work authorization is
not verified by the federal work authorization program, a private
employer must not employ, continue to employ, or re-employ the new
employee.
   (F)(E) To assist private employers in understanding the requirements
of this chapter, the director shall send written notice of the
requirements of this section, to include a list of states with driver‟s
license requirements at least as strict as those in South Carolina, to all
South Carolina employers no later than January 1, 2009, and shall
publish the information contained in the notice on its website. Nothing
in this section shall create a legal requirement that any private employer

[SJ]                               88
receive actual notice of the requirements of this chapter through written
notice from the director, nor create any legal defense for failure to
receive notice.
   (F) If a private employer is a contractor, the private employer shall
maintain the contact phone numbers of all subcontractors and sub-
subcontractors performing services for the private employer. The
private employer shall provide the contact phone numbers or a contact
phone number, as applicable, to the director pursuant to an audit or
investigation within seventy-two hours of the director‟s request.”
   SECTION 10. Section 41-8-30 of the 1976 Code is amended to
read:
   “Section 41-8-30. A private employer shall not who knowingly or
intentionally employ employs an unauthorized alien violates the private
employer‟s licenses.”
   SECTION 11. Section 41-8-40 of the 1976 Code is amended to
read:
   “Section 41-8-40. For purposes of this chapter, a private employer
who in good faith verifies the immigration status of a new employee
pursuant to subsection (B)(1) of Section 41-8-20 shall must be
presumed to have complied with the provisions of Section 41-8-20 and
Section 41-8-30.”
   SECTION 12. Section 41-8-50 of the 1976 Code is amended to
read:
   “Section 41-8-50. (A) Upon receipt of a written and signed
complaint against a private employer, or upon an investigation initiated
by the director for good cause, if the director finds reasonable grounds
exist that a private employer allegedly violated the provisions of
Section 41-8-20 or Section 41-8-30, the director must shall institute an
investigation of the alleged violation. The director shall verify the
work authorization status of the alleged unauthorized alien with the
federal government pursuant to 8 U.S.C. Section 1373(c). A state,
county, or local official must not attempt to independently determine if
an alien is authorized to work in the United States.
   (B) If, after completing the investigation, and after reviewing any
information or evidence submitted by the private employer
demonstrating compliance with the provisions of this chapter, the
director determines that substantial evidence exists to support a finding
that the private employer has committed a violation of Section 41-8-20
or Section 41-8-30, the director shall:
      (1) notify the United States Immigration and Customs
Enforcement of suspected unauthorized aliens employed by the private
employer;


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      (2) notify state and local law enforcement agencies responsible
for enforcing state immigration laws of the employment of suspected
unauthorized aliens by the employer; and
      (3) assess a penalty take appropriate action in accordance with
subsection (D) of this section.
   (C) The director must not bring an action for an occurrence
involving a violation of Section 41-8-20 or Section 41-8-30 against a
private employer of one hundred or more employees prior to July 1,
2009, or against a private employer of less than one hundred employees
prior to July 1, 2010. The director must not bring an action against a
private employer for any employee who has been employed for five
three business days or less at the time of the director‟s inspection or
random audit. A second occurrence involving a violation of this
section must be based only on an employee who is employed by the
private employer after a first action has been brought for a violation of
Section 41-8-20 or Section 41-8-30.
   (D) Upon a finding of an occurrence involving a violation after an
investigation pursuant to subsection (A), or after a random audit
pursuant to Section 41-8-120(B), where the director considered all
information or evidence gathered by the director and any information
or evidence submitted by the private employer demonstrating
compliance with the provisions of this chapter:
      (1)(a) prior to July 1, 2012, for an a first occurrence involving a
violation of Section 41-8-20, the private employer must be assessed a
civil penalty of not less than one hundred dollars and not more than one
thousand dollars for each violation. However, for a first occurrence
involving a violation of Section 41-8-20, if shall, upon notification by
the director of a violation of Section 41-8-20, the private employer
complies swear or affirm in writing that the private employer has
complied with the provisions of 8 U.S.C. Section 1324a from the
effective date of this section to the time the private employer received
notification from the director, and shall comply with the provisions of
Section 41-8-20(B) within seventy-two hours, he must not be assessed
a penalty three business days. Failure to swear or affirm compliance in
writing or failure to comply with Section 41-8-20 within three business
days requires that the private employer be placed on probation for a
period of one year, during which time the private employer shall submit
quarterly reports to the director demonstrating compliance with the
provisions of Section 41-8-20. The director shall provide appropriate
assistance to the private employer to aide the private employer in
complying with Section 41-8-20 within the three business day period.
The director may extend the three business day period, as necessary, if
the director determines that more time is required for compliance. Any

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subsequent occurrence involving a violation of Section 41-8-20 by the
private employer shall must result in the assessment of a civil penalty
suspension of the private employer‟s licenses for at least ten days, but
not more than thirty days, by the director, except, if a private employer
has not committed a violation of Section 41-8-20 within the previous
five three years, a subsequent occurrence must be treated as a first
occurrence. If a private employer has ever committed a violation of
Section 41-8-30, he the private employer‟s South Carolina employment
license licenses must be assessed a civil penalty suspended for at least
ten days but not more than thirty days for any violation or subsequent
occurrence involving a violation of Section 41-8-20. The director must
shall verify the work authorization status of the employees with the
federal government pursuant to 8 U.S.C. Section 1373(c) and notify the
private employer of the results. The private employer must shall
immediately terminate an employee whose work authorization was not
verified upon being notified by the director. The director shall notify
federal, state, and local law enforcement officials of any suspected
unlawful unauthorized aliens employed by the private employer,
pursuant to subsections (A) and (B) of this section.
        (b) on or after July 1, 2012, for a first occurrence involving a
violation of Section 41-8-20, the private employer shall, upon
notification by the director of a violation of Section 41-8-20,
immediately comply with the provisions of Section 41-8-20, and the
private employer must be placed on probation for a period of one year,
during which time the private employer shall submit quarterly reports
to the director demonstrating compliance with the provisions of Section
41-8-20. Any subsequent occurrence involving a violation of Section
41-8-20 by the private employer must result in the suspension of the
private employer‟s licenses for at least ten days but not more than thirty
days by the director, except, if a private employer has not committed a
violation of Section 41-8-20 within the previous three years, a
subsequent occurrence must be treated as a first occurrence. If a
private employer has ever committed a violation of Section 41-8-30,
the private employer‟s licenses must be suspended for at least ten days
but not more than thirty days for any violation or subsequent
occurrence involving a violation of Section 41-8-20. The director shall
verify the work authorization status of the employees with the federal
government pursuant to 8 U.S.C. Section 1373(c) and notify the private
employer of the results. The private employer shall immediately
terminate an employee whose work authorization was not verified upon
being notified by the director. The director shall notify federal, state,
and local law enforcement officials of any suspected unauthorized
aliens employed by the private employer.

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        (2) for a first occurrence involving a violation of Section
41-8-30, a the private employer‟s license is licenses must be suspended,
and must remain suspended for at least ten days but not more than
thirty days. During the period of suspension, a the private employer
may not engage in business, open to the public, employ an employee,
or otherwise operate. After the period of suspension, a the private
employer‟s license licenses must be reinstated, permitting the private
employer to engage in business and to employ an employee, if the
private employer:
        (i)demonstrates that he the private employer has terminated the
unauthorized alien; and
        (ii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars;
      (3) for a second occurrence involving a violation of Section
41-8-30, a the private employer‟s license is licenses must be suspended,
and must remain suspended for at least thirty days but not more than
sixty days. During the period of suspension, a the private employer
may not engage in business, open to the public, employ an employee,
or otherwise operate. After the period of suspension, a the private
employer‟s license licenses must be reinstated, permitting the private
employer to engage in business and to, open to the public, employ an
employee, and otherwise operate, if the private employer:
        (i)demonstrates that he the private employer has terminated the
unauthorized alien; and
        (ii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars;
      (4) for a third and or subsequent occurrences occurrence
involving a violation of Section 41-8-30, a the private employer‟s
license is licenses must be revoked, and the private employer may not
engage in business, open to the public, employ an employee, or
otherwise operate. For a third occurrence only, after ninety days, a
private employer may petition the director for a provisional license. A
provisional license permits a private employer to engage in business,
open to the public, employ an employee, and otherwise operate. The
director may grant the private employer permission to apply for a
provisional license if the private employer:
        (i)agrees to be on probation for a period of three years, during
which time the private employer must shall submit quarterly reports to
the director demonstrating compliance with the provisions of Sections
41-8-20 and 41-8-30;


[SJ]                              92
        (ii) demonstrates that he the private employer has terminated
the unauthorized alien; and
        (iii) pays a reinstatement fee equal to the cost of investigating
and enforcing the matter, provided that the reinstatement fee must not
exceed one thousand dollars.
   For all other occurrences where a private employer‟s license is
licenses are revoked, the private employer may not seek reinstatement
of his license the private employer‟s licenses for a period of five years.
After five years, the director may grant reinstatement of a private
employer‟s licenses if the private employer:
        (i)agrees to be on probation for a period of three years, during
which time the private employer must shall submit quarterly reports to
the director demonstrating compliance with the provisions of Sections
41-8-20 and 41-8-30;
        (ii) demonstrates that he the private employer has terminated
the unauthorized alien; and
        (iii) pays a reinstatement fee equal to the cost of investigating
and adjudicating the matter, provided that the reinstatement fee must
not exceed one thousand dollars.
      (5) If a private employer engages in business or employs a new
employee during the period that his license is the private employer‟s
licenses are suspended, the private employer‟s license shall licenses
must be revoked, and shall must not be reinstated for a period of five
years, and only upon a determination by the director that the private
employer has complied with the provisions of item (4) of this section.
   (E) For purposes of this chapter, it shall be a separate violation each
time the private employer fails to verify the immigration status of a
new employee as required by Section 41-8-20.
   (F) In assessing a civil penalty or taking any other disciplinary
action for a violation of Section 41-8-20 or Section 41-8-30, the
director shall base his the director‟s determination on any evidence or
information collected during the investigation or submitted for
consideration by the employer, and shall consider the following factors,
if relevant:
      (1) the number of employees for whom the private employer has
failed to verify their immigration status;
      (2) the prior violations of this chapter by the private employer;
      (3) the size of the private employer‟s workforce;
      (4) any actions taken by the private employer to comply with
federal immigration laws or with the provisions of this chapter;
      (5) any actions taken by the private employer subsequent to the
inspection or random audit to comply with the provisions of this
chapter; and

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      (6) the duration of the violation;
      (7) the degree of the violation; and
      (8) the good faith of the private employer.
   (G) Reinstatement fees assessed in accordance with this section
shall must be used to cover the administrative costs of implementing,
investigating, and enforcing the provisions of this chapter.
   (H) The director shall maintain a list of all private employers who
have been assessed a civil penalty pursuant to this chapter, or who had
their license licenses disciplined, or revoked, pursuant to this chapter
and shall publish the list on the agency‟s website. The director shall
remove a private employer from the list who has committed only a first
occurrence pursuant to Section 41-8-20 six months after the private
employer‟s name has been published, if the private employer has not
subsequently had their licenses disciplined, or revoked, pursuant to this
chapter within the one year probation period.
   (I) If a private employer continues to engage in business after his
license has the private employer‟s licenses have been revoked pursuant
to this chapter, the director must seek an injunction from the
Administrative Law Court to enjoin the private employer from
continuing to operate his the private employer‟s business for which his
license was the private employer‟s licenses were revoked or from
employing new employees.
   (J) The director shall notify the applicable licensing agency or
political subdivision if the director determines that a private employer‟s
license must be suspended or revoked pursuant to this section. The
applicable agency or political subdivision shall immediately suspend or
revoke the private employer‟s license.
   (K) A license suspension or revocation pursuant to this section:
      (1) does not constitute a dissolution, liquidation, or a winding
down process; or a transfer, or other taxable event for tax purposes,
including, but not limited to, taxes imposed or authorized by Title 12;
and
      (2) does not affect protections against personal liability provided
in Title 33.”
   SECTION 13. Section 41-8-60 of the 1976 Code is amended to
read:
   “Section 41-8-60. (A) In each case where a civil penalty assessed
by the director pursuant to Section 41-8-50(D)(1) is not paid within
sixty days, the director shall bring an action against the assessed
employer for collection of the penalty. An action commenced by the
director shall be brought in accordance with the provisions of Chapter
23 of Title 1 of the South Carolina Code of Laws.


[SJ]                               94
   (B) A private employer may seek review of the director‟s
assessment of a civil penalty or disciplinary action pursuant to Section
41-8-50 with the Administrative Law Court, and the action shall must
be brought in accordance with the provisions of Chapter 23 of Title 1 of
the South Carolina Code of Laws.”
   SECTION 14. Section 41-8-120(A) of the 1976 Code is amended
to read:
   “(A) The director shall promulgate regulations in accordance with the
provisions of Chapter 23 of Title 1 of the South Carolina Code of Laws
to establish a procedure for administrative review of any revocation,
civil penalty, or other disciplinary action assessed against a private
employer or his South Carolina employment license pursuant to this
chapter.”
   SECTION 15. Article 1, Chapter 13, Title 16 of the 1976 Code is
amended by adding:
   “Section 16-13-480. Unless otherwise provided by law, it is
unlawful for a person to make, issue, or sell, or offer to make, issue, or
sell, a false, fictitious, fraudulent, or counterfeit picture identification
that is for use by an alien who is unlawfully present in the United
States. A person who violates this section is guilty of a felony, and,
upon conviction, must be fined twenty-five thousand dollars or
imprisoned for not more than five years, or both.”
   SECTION 16. Section 23-3-80 of the 1976 Code is repealed.
   SECTION 17. Title 23, Chapter 6, Article 1 of the 1976 Code is
amended by adding:
   “Section 23-6-60. (A) There is created an Illegal Immigration
Enforcement Unit within the Department of Public Safety. The
purpose of the Illegal Immigration Enforcement Unit is to enforce
immigration laws as authorized pursuant to federal laws and the laws of
this State.
   (B) The Illegal Immigration Enforcement Unit is under the
administrative direction of the department‟s director. The department‟s
director shall maintain and provide administrative support for the
Illegal Immigration Enforcement Unit. The department‟s director may
appoint appropriate personnel within the department to administer and
oversee the operations of the Illegal Immigration Enforcement Unit.
   (C)(1) The Illegal Immigration Enforcement Unit shall have such
officers, agents, and employees as the department‟s director may deem
necessary and proper for the enforcement of immigration laws as
authorized pursuant to federal laws and the laws of this State.
      (2)(a) The enforcement of immigration laws as authorized
pursuant to federal laws and the laws of this State must be the only


[SJ]                                95
responsibility of the officers of the Illegal Immigration Enforcement
Unit.
         (b) The officers shall be commissioned by the Governor upon
the recommendation of the department‟s director.
         (c) The officers shall have the same power to serve criminal
prossesses against offenders as sheriffs of the various counties and also
the same power as those sheriffs to arrest without warrants and to
detain persons found violating or attempting to violate immigration
laws. The officers also shall have the same power and authority held
by deputy sheriffs for the enforcement of the criminal laws of the State.
         (d) The department must provide the officers with distinctive
uniforms and suitable arms and equipment for use in the performance
of their duties. The officers shall at all times, when in the performance
of their duties, wear complete uniforms with badges conspicuously
displayed on the outside of their uniforms, except officers performing
undercover duties. The department director shall prescribe a unique
and distinctive official uniform with appropriate insignia to be worn by
all officers when on duty and at other times as the department‟s director
shall order, and a distinctive color or colors and appropriate emblems
for all motor vehicles used by the Illegal Immigration Enforcement
Unit except those designated by the director.              No other law
enforcement agency, private security agency, or any person shall wear
a similar uniform and insignia that could be confused with the uniform
and insignia of the Illegal Immigration Enforcement Unit. An emblem
may not be used on a nondepartment motor vehicle, nor may the
vehicle be painted in a color or in any manner that would cause the
vehicle to be similar to an Illegal Immigration Enforcement Unit
vehicle or readily confused with it. The department‟s director shall file
with the Legislative Council for publication in the State Register a
description and illustration of the official Illegal Immigration
Enforcement Unit uniform with insignia and the emblems of the
official Illegal Immigration Enforcement Unit and motor vehicles
including a description of the color of the uniforms and vehicles.
   (D) Notwithstanding any other provision of law, the Illegal
Immigration Enforcement Unit must be funded annually by a specific
appropriation to the Illegal Immigration Enforcement Unit in the state
general appropriations act, separate and distinct from the department‟s
other appropriations.
   (E) The department‟s director shall negotiate the terms of a
memorandum of agreement with the United States Immigration and
Customs Enforcement pursuant to Section 287(g) of the federal
Immigration and Nationality Act as soon as possible after the effective
date of this act.

[SJ]                               96
   (F) Nothing in this section may be construed to prevent other law
enforcement agencies of the State and political subdivisions of the
State, including local law enforcement agencies, from enforcing
immigration laws as authorized pursuant to federal laws and the laws of
this State.
   (G) The department shall develop an illegal immigration
enforcement training program which the department shall offer to all
local law enforcement agencies to assist any local law enforcement
agency wishing to utilize the training program in the proper
implementation, management, and enforcement of applicable
immigration laws.”
   SECTION 18. The repeal or amendment by this act of any law,
whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability
incurred under the repealed or amended law, unless the repealed or
amended provision shall so expressly provide. After the effective date
of this act, all laws repealed or amended by this act must be taken and
treated as remaining in full force and effect for the purpose of
sustaining any pending or vested right, civil action, special proceeding,
criminal prosecution, or appeal existing as of the effective date of this
act, and for the enforcement of rights, duties, penalties, forfeitures, and
liabilities as they stood under the repealed or amended laws.
   SECTION 19. If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this, and
each and every section, subsection, paragraph, subparagraph, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or
more other sections, subsections, paragraphs, subparagraphs, sentences,
clauses, phrases, or words hereof may be declared to be
unconstitutional, invalid, or otherwise ineffective.
   SECTION 20. SECTION 17 of this act takes effect upon funding
of the Illegal Immigration Enforcement Unit by the General Assembly
pursuant to Section 23-6-60(D) and upon granting of Section 287(g) of
the federal Immigration and Nationality Act authority to the
Department of Public Safety pursuant to Section 23-6-60(E). The
remaining provisions of this act take effect on January 1, 2012. /
   Renumber sections to conform.
   Amend title to conform.

  The Clerk‟s conforming amendment was adopted.

[SJ]                                97
  The Bill was ordered returned to the House of Representatives with
amendments.

                     AMENDMENT TABLED
          CONCURRENCE IN HOUSE AMENDMENTS
         ORDERED ENROLLED FOR RATIFICATION
  S. 336 -- Senator Grooms: A BILL TO AMEND SECTION 56-7-30
OF THE 1976 CODE, RELATING TO GENERATING UNIFORM
TRAFFIC CITATIONS WITH AN ELECTRONIC DEVICE, TO
REQUIRE THAT A COPY OF THE CITATION IS HANDED
DIRECTLY TO THE OFFENDER BY THE LAW ENFORCEMENT
OFFICER ISSUING THE TICKET; TO AMEND CHAPTER 7,
TITLE 56, RELATING TO MOTOR VEHICLE TRAFFIC TICKETS,
BY ADDING SECTION 56-7-35 TO PROVIDE THAT A LAW
ENFORCEMENT OFFICER MUST STOP AN OWNER OR
OPERATOR OF A VEHICLE TO ISSUE A TRAFFIC TICKET, TO
PROVIDE THAT THE TRAFFIC TICKET MUST BE HANDED
DIRECTLY TO THE OWNER OR OPERATOR OF THE VEHICLE,
TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY
NOT MAIL OR OTHERWISE SEND A TRAFFIC TICKET TO AN
OFFENDER, TO PROVIDE THAT A TRAFFIC TICKET CANNOT
BE ISSUED BASED IN WHOLE OR IN PART UPON
PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE
CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS
ATTENDED OR UNATTENDED, AND TO PROVIDE THAT THE
PROVISIONS OF THE SECTION DO NOT APPLY TO TOLL
COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO
THE POWER OF LOCAL AUTHORITIES CONCERNING
TRAFFIC LAWS, TO PROVIDE THAT A TRAFFIC TICKET
CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON
PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE
CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS
ATTENDED OR UNATTENDED; TO AMEND SECTION 56-5-70,
AS AMENDED, RELATING TO CERTAIN VEHICLE
REQUIREMENTS BEING SUSPENDED DURING A STATE OF
EMERGENCY, TO CLARIFY THAT UNIFORM TRAFFIC
CITATIONS MAY NOT BE ISSUED IN WHOLE OR IN PART ON
PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE
CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE
PHOTOGRAPHIC           EVIDENCE     WAS   ATTENDED      OR
UNATTENDED AT THE TIME IT CAPTURED THE


[SJ]                            98
PHOTOGRAPHIC EVIDENCE; AND TO DISGORGE ANY FINES
COLLECTED IN VIOLATION OF SECTION 56-5-70.
 The House returned the Bill with amendments.

  The question then was concurrence in the House amendments.

   Senator SHEHEEN proposed the following amendment
(336R007.VAS), which was tabled:
   Amend the bill, as and if amended, page 3, by striking line 35 and
inserting:
   / substances or driving with an unlawful alcohol concentration.
   (E) The provisions contained in this section do not apply when a
law enforcement officer is unable to effect a traffic stop due to exigent
circumstances or due to circumstances beyond the officer‟s control that
make the traffic stop unreasonably dangerous.               Under those
circumstances, the law enforcement agency may utilize the United
States mail, a parcel delivery service, electronic means, or otherwise to
send to the operator or owner of a motor vehicle or motorcycle, as
defined in Section 56-3-20, a uniform traffic citation alleging a
violation of a local ordinance or the traffic laws.” /
   Renumber sections to conform.
   Amend title to conform.

  Senator GROOMS moved to lay the amendment on the table.

  The amendment was laid on the table.

  The question then was concurrence in the House amendments.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                        Ayes 32; Nays 0

                                 AYES
Alexander               Bright                   Bryant
Campsen                 Cleary                   Courson
Fair                    Grooms                   Hayes
Hutto                   Land                     Leventis
Lourie                  Malloy                   Martin, Larry
Martin, Shane           Massey                   Matthews
McConnell               McGill                   Nicholson
O'Dell                  Peeler                   Pinckney
Rankin                  Reese                    Rose

[SJ]                               99
Scott                   Shoopman                 Thomas
Verdin                  Williams

                               Total--32

                                NAYS

                               Total--0

  On motion of Senator GROOMS, the Senate concurred in the House
amendments and a message was sent to the House accordingly.
Ordered that the title be changed to that of an Act and the Act enrolled
for Ratification.

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

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

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

  Initial Appointment, Board of Directors of the South Carolina Public
Service Authority, with the term to commence May 19, 2009, and to
expire May 19, 2016
  Horry County:
  David F. Singleton, 3997 Larkhill Drive, Myrtle Beach, SC 29577
VICE Dr. John Molnar

   On motion of Senator McCONNELL, the question was confirmation
of Mr. Singleton.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                        Ayes 31; Nays 0


[SJ]                             100
                              AYES
Alexander             Bright                 Bryant
Campsen               Cleary                 Courson
Elliott               Ford                   Grooms
Hayes                 Hutto                  Land
Leatherman            Lourie                 Malloy
Martin, Larry         Martin, Shane          Massey
Matthews              McConnell              McGill
Nicholson             Peeler                 Pinckney
Rankin                Reese                  Rose
Scott                 Shoopman               Verdin
Williams

                            Total--31

                              NAYS

                             Total--0

  The appointment of Mr. Singleton was confirmed.

  Reappointment, Board of Directors of the South Carolina Public
Service Authority, with the term to commence May 19, 2006, and to
expire May 19, 2013
  6th Congressional District:
  John Calhoun Land, IV, P. O. Box 138, Manning, SC 29102

   On motion of Senator McCONNELL, the question was confirmation
of Mr. Land.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                               AYES
  Alexander           Bright                 Bryant
  Campsen             Cleary                 Courson
  Elliott             Ford                   Grooms
  Hayes               Hutto                  Land
  Leatherman          Lourie                 Malloy
  Martin, Larry       Martin, Shane          Massey
  Matthews            McConnell              McGill
  Nicholson           Peeler                 Pinckney

[SJ]                           101
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                                Total--0

  The appointment of Mr. Land was confirmed.

  Initial Appointment, Board of Directors of the South Carolina Public
Service Authority, with the term to commence May 19, 2009, and to
expire May 19, 2016
  5th Congressional District:
  James R. Sanders, Jr., 227 Hidden Acres Drive, Gaffney, SC 29341
VICE Rev. James Sanders (deceased)

   On motion of Senator McCONNELL, the question was confirmation
of Mr. Sanders.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31




[SJ]                             102
                                NAYS

                                Total--0

  The appointment of Mr. Sanders was confirmed.

  Initial Appointment, Board of Directors of the South Carolina Public
Service Authority, with the term to commence May 19, 2005, and to
expire May 19, 2012
  3rd Congressional District:
  Kristofer Clark, 2310 Earls Bridge Road, Easley, SC 29640 VICE G.
Dial DuBose

   On motion of Senator McCONNELL, the question was confirmation
of Mr. Clark.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                   Bryant
  Campsen              Cleary                   Courson
  Elliott              Ford                     Grooms
  Hayes                Hutto                    Land
  Leatherman           Lourie                   Malloy
  Martin, Larry        Martin, Shane            Massey
  Matthews             McConnell                McGill
  Nicholson            Peeler                   Pinckney
  Rankin               Reese                    Rose
  Scott                Shoopman                 Verdin
  Williams

                               Total--31

                                NAYS

                                Total--0

  The appointment of Mr. Clark was confirmed.




[SJ]                             103
  Having received a favorable report from the Labor, Commerce and
Industry Committee, the following appointments were confirmed in
open session:

  Initial Appointment, South Carolina State Athletic Commission, with
the term to commence June 30, 2010, and to expire June 30, 2014
  Anthony Quinn Eubanks, 107 Hillandale Road, Pendleton, SC 29670
VICE Mr. Paul Kennemore

 On motion of Senator RYBERG, the question was confirmation of
Mr. Eubanks.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mr. Eubanks was confirmed.


   Initial Appointment, Director of Employment and Workforce, with
term coterminous with Governor
   Abraham J. Turner, 1985 Culpepper Lane, Fayetteville, NC 28304
VICE John L. Finan


[SJ]                            104
 On motion of Senator RYBERG, the question was confirmation of
Mr. Turner.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mr. Turner was confirmed.

  Initial Appointment, South Carolina State Athletic Commission, with
the term to commence June 30, 2010, and to expire June 30, 2014
  1st Congressional District:
  William Edward Lawson, 1220 Pinewood Circle, Conway, SC 29526
VICE George Cox, Jr.

 On motion of Senator RYBERG, the question was confirmation of
Mr. Lawson.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0




[SJ]                            105
                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mr. Lawson was confirmed.

  Initial Appointment, South Carolina State Athletic Commission, with
the term to commence June 30, 2008, and to expire June 30, 2012
  2nd Congressional District:
  William O. Boyte III, 156 Royal Creek Drive, Lexington, SC 29072
VICE Mr. Robert Williams

 On motion of Senator RYBERG, the question was confirmation of
Mr. Boyte.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney

[SJ]                            106
  Rankin               Reese                    Rose
  Scott                Shoopman                 Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mr. Boyte was confirmed.

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

  Initial Appointment, South Carolina Commission on Disabilities and
Special Needs, with the term to commence June 30, 2010, and to expire
June 30, 2014
  5th Congressional District:
  Freddie L. Lynn, 409 Hawthorne Drive, Hartsville, SC 29550 VICE
Dr. Otis Speight

 On motion of Senator PEELER, the question was confirmation of
Mr. Lynn.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                   Bryant
  Campsen              Cleary                   Courson
  Elliott              Ford                     Grooms
  Hayes                Hutto                    Land
  Leatherman           Lourie                   Malloy
  Martin, Larry        Martin, Shane            Massey
  Matthews             McConnell                McGill
  Nicholson            Peeler                   Pinckney
  Rankin               Reese                    Rose
  Scott                Shoopman                 Verdin
  Williams


[SJ]                            107
                              Total--31

                                NAYS

                               Total--0

  The appointment of Mr. Lynn was confirmed.

  Initial Appointment, South Carolina Commission on Disabilities and
Special Needs, with the term to commence June 30, 2009, and to expire
June 30, 2013
  3rd Congressional District:
  Christine Sharp, 2404 E. North Avenue, Anderson, SC 29625 VICE
Susan Lait (resigned)

 On motion of Senator PEELER, the question was confirmation of
Mrs. Sharp.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mrs. Sharp was confirmed.


[SJ]                            108
  Initial Appointment, South Carolina State Board of Pharmacy, with
the term to commence June 30, 2011, and to expire June 30, 2017
  1st Congressional District:
  Carole S. Russell, 339 Muirfield Parkway, Charleston, SC 29414
VICE Mr. James R. Bradham

 On motion of Senator PEELER, the question was confirmation of
Mrs. Russell.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                              Total--31

                                NAYS

                               Total--0

  The appointment of Mrs. Russell was confirmed.

  Initial Appointment, South Carolina Commission on Disabilities and
Special Needs, with the term to commence June 30, 2010, and to expire
June 30, 2014
  6th Congressional District:
  Harvey Shiver, 1482 Poultry Lane, Eastover, SC 29044 VICE
William R. Harrell

 On motion of Senator PEELER, the question was confirmation of
Mr. Shiver.

[SJ]                            109
   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                                Total--0

  The appointment of Mr. Shiver was confirmed.

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

   Initial Appointment, South Carolina State Ports Authority, with the
term to commence June 4, 2008, and to expire June 4, 2013
   At-Large:
   Henry D. McMaster, 1731 Senate Street, Columbia, SC 29201 VICE
Mr. Harry Butler, Jr.

 On motion of Senator GROOMS, the question was confirmation of
Mr. McMaster.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0


[SJ]                             110
                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                               Total--0

  The appointment of Mr. McMaster was confirmed.

   Initial Appointment, South Carolina State Ports Authority, with the
term to commence February 13, 2011, and to expire February 13, 2016
   At-Large:
   Patrick W. McKinney, 37 Legare Street, Charleston, SC 29401 VICE
Colden Batty

 On motion of Senator GROOMS, the question was confirmation of
Mr. McKinney.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney

[SJ]                            111
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                               Total--0

  The appointment of Mr. McKinney was confirmed.

   Initial Appointment, South Carolina State Ports Authority, with the
term to commence February 13, 2010, and to expire February 13, 2015
   At-Large:
   Willie Edison Jefferies, 85 Nance Drive, Elloree, SC 29047 VICE
Douglas Robertson

 On motion of Senator GROOMS, the question was confirmation of
Mr. Jefferies.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                               Total--0

[SJ]                            112
  The appointment of Mr. Jefferies was confirmed.

   Initial Appointment, South Carolina State Ports Authority, with the
term to commence February 13, 2010, and to expire February 13, 2015
   At-Large:
   Pamela P. Lackey, 1672 Tanglewood Road, Columbia, SC 29204
VICE Mr. S. Richard Hagins

 On motion of Senator GROOMS, the question was confirmation of
Mrs. Lackey.

   The "ayes" and "nays" were demanded and taken, resulting as
follows:
                         Ayes 31; Nays 0

                                AYES
  Alexander            Bright                  Bryant
  Campsen              Cleary                  Courson
  Elliott              Ford                    Grooms
  Hayes                Hutto                   Land
  Leatherman           Lourie                  Malloy
  Martin, Larry        Martin, Shane           Massey
  Matthews             McConnell               McGill
  Nicholson            Peeler                  Pinckney
  Rankin               Reese                   Rose
  Scott                Shoopman                Verdin
  Williams

                               Total--31

                                NAYS

                                Total--0

  The appointment of Mrs. Lackey was confirmed.

                   LOCAL APPOINTMENTS
                          Confirmations
  Having received a favorable report from the Senate, the following
appointments were confirmed in open session:



[SJ]                             113
  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Nancy Devine, 121 Wilson Rd., Williamston, SC 29697

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Wynee D. Eubanks, 107 Hillandale Rd., Pendleton, SC 29670

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Denise Malone, 803 Concord Ave., Anderson, SC 29621

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Jerry C. Mulliken, 2301 Six & Twenty Road, Pendleton, SC 29670

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  William D. Sharp, 2404 East North Avenue, Anderson, SC 29625

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  S. Thompson Tucker III, 230 Grace Lane, Piedmont, SC 29623

  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Thomas L. Copeland, 112 Edgewood Circle, Clinton, SC 29325

  Reappointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Ronald W. Whitman, 2601 Saxony Drive, Anderson, SC 29621

  Reappointment, Charleston County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Jacquetta Porter Jones, 5868 Octavia Avenue, Ravenel, SC 29470

  Initial Appointment, Florence County Magistrate, with the term to
commence April 30, 2010, and to expire April 30, 2014
  Tommy George Mourounas, 607 Beaverdam Drive, Florence, SC
29501 VICE John Floyd, Jr. (resigned)




[SJ]                           114
  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Harold W. Copeland, 2961 Hurricane Church Road, Clinton, SC
29325

  Reappointment, Laurens County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  Paul D. Lyles, 3538 Hwy. 221 South, Laurens, SC 29360

  Initial Appointment, Anderson County Magistrate, with the term to
commence April 30, 2011, and to expire April 30, 2015
  J. Wesley White, 606 Glenwood Avenue, Anderson, SC 29625 VICE
Sammy Buchanan

                        MOTION ADOPTED
    On motion of Senator LARRY MARTIN, with unanimous
 consent, the Senate stood adjourned out of respect to the memory of
 Dr. Ernest Gibson Shealy, longtime family practice doctor in
 Easley, S.C. Dr. Shealy was a deacon and elder of Easley
 Presbyterian Church, former trustee of the School District of
 Pickens County, past member of Easley Rotary Club, devoted
 husband, father and grandfather who died on Friday, June 10, 2011.

                                and

                        MOTION ADOPTED
    On motion of Senator SHANE MARTIN, with unanimous
 consent, the Senate stood adjourned out of respect to the memory of
 Mr. Robert Lancaster Smith of Pauline, S.C. Mr. Smith was the
 husband of the late Corrinne Bagwell Smith and a devoted father to
 Rebecca Smith Bray, Margaret Smith Burnette and Linda Smith
 Powell and wonderful grandfather and great-grandfather. Mr.
 Smith served in the European Military Theatre in WWII from
 1944-1946, with Company A, 255th Infantry, 63rd Division of the
 U.S. Army earning the rank of Sergeant and Squad Leader 604 and
 he was awarded the Bronze Star for Valor.




[SJ]                            115
                         ADJOURNMENT
  At 7:56 P.M., on motion of Senator LARRY MARTIN, the Senate
adjourned to meet tomorrow at 10:00 A.M.

                            ***




[SJ]                        116
                             SENATE JOURNAL INDEX


S. 20 ...................................... 43         S. 964 ....................................21
S. 30 ................................ 22, 23
S. 172 .............................. 24, 25            H. 3066 .................................18
S. 211 .................................... 15          H. 3178 .................................33
S. 241 .................................... 34          H. 3249 ...........................29, 36
S. 336 .................................... 98          H. 3375 ...........................31, 36
S. 391 .................................... 28          H. 3378 .................................37
S. 588 .................................... 34          H. 3431 .................................37
S. 594 .............................. 28, 35            H. 3582 .................................38
S. 694 .................................... 35          H. 3584 ...........................29, 38
S. 785 .................................... 35          H. 3660 .................................33
S. 815 .................................... 21          H. 3700 ...........................26, 27
S. 877 .................................... 15          H. 3701 .................................27
S. 957 .................................... 19          H. 3713 ...........................30, 38
S. 958 .................................... 19          H. 3748 .................................39
S. 959 .................................... 20          H. 3762 .................................40
S. 960 .................................... 20          H. 3772 .................................42
S. 961 .................................... 20          H. 4119 .................................42
S. 962 .................................... 20          H. 4149 .................................32
S. 963 .................................... 21




[SJ]                                              117

				
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