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"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Public Safety and approved by the Attorney General.
Upon conviction for a violation of Section 56-3-1970, five dollars of the fine assessed must be remitted to the Department of Public Safety for administration and implementation costs."

R. Section 56-5-1520(f) of the 1976 Code, as last amended by Section 1404, Act 181 of 1993, is further amended to read:

"(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the state general fund. In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."

S. The second paragraph of Section 56-5-2940 of the 1976 Code is amended to read:

"No part of the minimum sentences provided in this section must be suspended. Of the minimum fines imposed in items (2) and (3) of this section, the first two hundred fifty dollars must be remitted to the Victims' Compensation Fund. The court may provide in lieu instead of service other sentences provided in this section. For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to,

T. Section 56-5-2950(a) of the 1976 Code is amended to read:

"(a) Any A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for any an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. Any A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other another reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests.

A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests shall is not be admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

SLED shall administer the provisions of this subsection and may make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed at the time of sentencing persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 56-5-2930 or 56-5-2945. This fee must be forwarded by the county treasurer to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent manner. No person may be required by the arresting officer, or by any other another law enforcement officer, to obtain or take any sample of blood or urine."

U. Sections 14-1-210, 14-1-212, 14-1-213, 16-11-700(E)(6), 20-7-1510, 23-6-470, 24-23-210, 44-53-580, 56-1-725, 61-13-480, and 61-13-490 of the 1976 Code are repealed.

V. In addition to other provisions of law, beginning January 1, 1995, each clerk of court, magistrate, and municipal court judge must keep an account of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the courts as well as a separate account of all assessments generated by the courts. The accounts for the period of January 1, 1995, to April 1, 1995, must be submitted in writing to the General Assembly and to Court Administration no later than April 15, 1995, on a form prescribed by the Division of Court Administration of the Judicial Department.

No later than April 15, 1995, the State Treasurer must forward to the General Assembly and to Court Administration an account of all revenue

Upon receipt of the reports, the General Assembly shall review the data and make a determination as to whether or not the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity pursuant to this act, annualized, is approximately equal to or greater than the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity the previous calendar year. If a determination is made by the General Assembly that any recipient agency or governmental entity is receiving less revenue under the provisions of this act than the previous calendar year, the General Assembly, by legislation, shall adjust the appropriate percentages contained in this act to ensure that each recipient agency and governmental entity receives the share of revenue to which it is entitled.

W. Upon approval by the Governor this act takes effect January 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 170 (Doc Name L:\council\legis\amend\JIC\5727HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

A. Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(1) Notwithstanding the rates of tax imposed by this chapter, a rate of 3 percent is imposed on the sale or lease of motor vehicles and motorcycles with a total tax not to exceed fifteen hundred dollars, and there is imposed a tax of five percent, but not more than three hundred dollars, on the sale or lease of each:

(a) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(b) boat;

(c) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(d) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;

(e) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or

(f) commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.

(2) In the case of a lease of an item subject to the tax limit imposed by item (l) of this subsection, the total tax rate required by law applies on each payment until the total tax paid equals the maximum tax. Nothing

B. This section takes effect July 1, 1994, and applies with respect to sales made and leases executed after June 30, 1994./

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 58 to 28.

Reps. GAMBLE, STUART, CROMER, SHISSIAS and PHILLIPS proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\GJK\20591SD.94), which was ruled out of order.

Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:

Section 56-3-253 of the 1976 Code, as added by Act 164 of 1993, is amended by adding at the end:

(C) Beginning July 1, 1994, upon request of any individual, corporation, or other entity, the Motor Vehicle Division of the Department of Revenue and Taxation shall adjust the expiration date of the registration and licensing periods of up to four motor vehicles owned by the individual or members of his immediate family and of up to ten motor vehicles owned by a corporation or other entity so that such periods shall expire on the same date. The department shall implement the provisions of this

Rep. GAMBLE explained the amendment.

Rep. J. BROWN raised the Point of Order that Amendment No. 69 was out of order as it was not germane.

Rep. GAMBLE argued contra the Point in stating that last year there was a ruling concerning the reimbursement of commuter miles and it affected revenue.

The SPEAKER stated that it had to relate to revenue in Part I.

Rep. GAMBLE stated that the renewing of tags would bring in revenue.

The SPEAKER stated that the previous amendment called for a payment of money or a receipt of money but this did not. He further stated that this did not change a fee, but allowed people upon request to change their renewal date and it was not germane and he sustained the Point of Order and ruled the amendment out of order.

The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.

Rep. SHARPE proposed the following Amendment No. 186 (Doc Name L:\council\legis\amend\N05\7697BDW.94), which was ruled out of order.

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

A. The 1976 Code is amended by adding:

"Section 8-11-84. The Comptroller General, at the request of an employee of the Department of Transportation, by payroll deduction may collect and pay over to the appropriate vendor uniform rental fees of the employee."

Renumber sections & amend totals/title to conform.

Rep. SHARPE explained the amendment.

Rep. KIRSH raised the Point of Order that Amendment No. 186 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Reps. PHILLIPS and BOAN proposed the following Amendment No. 187 (Doc Name L:\council\legis\amend\N05\7694BDW.94), which was adopted.

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

A. Section 56-3-2320 of the 1976 Code, as last amended by Section 105B, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-2320. (A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding any provision other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer must shall

(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of

(C) Upon application being made and the required fee being paid to the department, the department may issue a maximum of two dealer license plates to a person who operates an automobile graveyard as defined in Section 57-27- 20."

B. Section 56-3-2350 of the 1976 Code, as last amended by Section 105C, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:

(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant, as follows:
(a) if an individual, the name under which he intends to conduct business,;

(b) if a partnership, the name and residence address of each member of the partnership, and the name under which the business is to be conducted,;

(c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.

(2) The application must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.

(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.

(B)(1) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks:

(a) from one place of sale to another place of sale;

(b) to and from a place of sale, to a place of repair for repair purposes between 7 a.m. and 8 p.m., and to road test the repaired vehicle or truck within a five mile radius of the repair facility between 7 a.m. and 8 p.m. A dated transporting certificate must accompany a motor vehicle or heavy duty truck being driven to a repair facility or being road tested after repairs with the use of a transporter plate.

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