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(16) The Department of Revenue and Taxation shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.

(17) The Department of Revenue and Taxation may promulgate regulations necessary to implement this section.

(B) (1) This subsection is intended to provide an additional and alternative method for the provision of and financing for highways, roads, streets, and bridges, either alone or jointly with the Department of Transportation to the end that these transportation facilities may be undertaken in such manner as may best be calculated to expedite relief of hazardous and congested traffic conditions on the highways in the State, including the authorization for turnpike projects undertaken by the Department of Transportation in Article 9 of Chapter 5 of Title 57.

(2) If the authority enters into a partnership with the Department of Transportation relating to such turnpike facilities, the authority may designate, establish, plan, improve, construct, maintain, operate, and regulate designated highways, roads, streets, and bridges as "turnpike facilities" as a part of the state highway system or any federal aid system whenever the authority determines the traffic conditions, present or future, justifies these facilities. Under such partnership arrangement, the authority may utilize funds available for the maintenance of the state highway system, for the maintenance of any turnpike facility financed pursuant to this chapter. If the authority determines it is feasible to make all or part of a construction project a turnpike facility, it may engage in the preliminary estimates and studies incident to the determination of the

(3)) Under the partnership arrangement, the authority may acquire such lands and property, including rights of access as may be needed for turnpike facilities, by gift, devise, purchase, or condemnation by easement or in fee simple as authorized by law on or after the effective date of this chapter for acquiring property or property rights in connection with other state highways.

(4) In designating, establishing, planning, abandoning, improving, constructing, maintaining, and regulating turnpike facilities, the authority may exercise such authorizations as are granted generally to the Department of Transportation by the provisions of other statute law applicable to the state highway system, except as they may be inconsistent with the provisions included in this chapter.

(5) Whenever it becomes necessary that monies be raised for the transportation facilities described in this chapter, the authority may issue toll revenue bonds to provide all or a portion of the cost of these facilities after adopting its resolution setting forth the following:

(a) the toll facility proposed to be constructed;

(b) the amount required for feasibility studies, planning, design, right-of-way acquisition and construction of the toll facility;

(c) a tentative time schedule setting forth the period of time for which the toll shall be imposed;

(d) a debt service table showing the estimated annual principal and interest requirements for the proposed toll revenue bonds;

(e) any feasibility study obtained by the authority relating to the proposed toll facility;

(f) any covenants to be made in the bond resolution respecting competition between the proposed toll facility and possible future highways whose construction would have an adverse effect upon the toll revenues which would otherwise be derived by the proposed toll facility.

(6) In addition to the powers listed above, the authority may in connection with such toll facilities:

(a) fix and revise from time to time and charge and collect tolls for transit over each turnpike facility constructed by it;

(b) combine, for the purpose of financing the facilities any two or more turnpike facilities;

(c) control access to turnpike facilities;

(e) receive and accept from any federal agency grants for or in the aid of the construction of any turnpike facility;

(f) do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter;

(g) enter into contracts with the Department of Transportation for sharing the cost of building and the revenues derived from the facilities authorized herein and for the operation and maintenance of such facilities.

(C) It is intended that this chapter is an additional and alternative method of financing highway and bridge projects to those already provided under the provisions of the State Highway Bond Act (Section 57-11-210); the State Turnpike Bond Act (Section 57-5-1310 et seq.), the Revenue Bond Act for Utilities (Section 6-21-10 et seq.) and Section 4-9-30(5)."

Renumber sections to conform.

Amend title to conform.

Rep. MARTIN explained the amendment.

Rep. KIRSH raised the Point of Order that Amendment No. 3 was out of order as it was not germane.

Rep. MARTIN argued contra the Point.

The SPEAKER stated that the Bill allowed for a recreational district in an area less than county wide and that the amendment allowed a county wide transportation authority and a partnership with the Department of Transportation. He further stated that the amendment provided for a sales tax and the Bill provided for the possibility of a property tax.

Rep. MARTIN continued to argue contra the Point in stating that it was germane in that it was dealing with the appropriation of taxes whether it be property tax or sales tax.

The SPEAKER stated that the creation of a recreational district and a special tax district inside a county was a different Title and a different Chapter of the Code. He further stated that the amendment was dealing with the expansion of authority in county government in Section 4-9-30 and it was not germane and he sustained the Point of Order and ruled the amendment out of order.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.

Reps. J. BAILEY and BARBER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\6097HTC.94), which was ruled out of order.

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

/SECTION ___. There is hereby created a Joint Property Tax Study Task Force consisting of eleven members as follows:

(1) three members appointed by the Governor;

(2) three members appointed by the Speaker of the House of Representatives from the membership of that body; and

(3) three members appointed by the President of the Senate from the membership of that body.

The voting members shall elect one of its members to serve as chairman.

The purpose of the task force is to study the effects of Act 208 of 1975, and related subsequent legislation in order to determine the equity, effectiveness, and fairness of the system of property tax assessment and collection in this State. The study should embody all phases of the property tax system and other factors and issues which impact upon the system. The study must take into account the perspective of both the taxpayers and the local entities that impose the tax.

The task force shall report the findings of its study and any recommendation for legislative action to the General Assembly by October 15, 1994. The expenses of the legislative members of this task force shall

Renumber sections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

Rep. KIRSH raised the Point of Order that Amendment No. 6 was out of order as it was not germane in that the Bill allowed the county to do something and the amendment allowed the State to do it.

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

The Bill was read the second time and ordered to third reading.

The following Bill was taken up.

H. 4887 -- Reps. Hodges and Govan: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION OF CANDIDATES BY PRIMARY, SO AS TO REQUIRE THE GOVERNOR TO SELECT THE NOMINEE FOR LIEUTENANT GOVERNOR WITH THE SELECTION BEING RATIFIED BY A REPRESENTATIVE GROUP OF THE PARTY; TO AMEND SECTION 7-11-30, RELATING TO THE NOMINATION OF CANDIDATES BY CONVENTIONS, SO AS TO PROVIDE THAT PERSONS WHO RECEIVE THEIR PARTY'S NOMINATION FOR THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR SHALL RUN AS JOINT CANDIDATES IN THE GENERAL ELECTION WITH THE SELECTION BEING RATIFIED BY A REPRESENTATIVE GROUP OF THE PARTY; TO AMEND SECTION 7-11-70, RELATING TO THE NOMINATION OF CANDIDATES BY PETITION, SO AS TO PROVIDE THAT ONLY ONE PETITION IS REQUIRED FOR NOMINEES FOR GOVERNOR AND LIEUTENANT GOVERNOR WHO SHALL RUN AS JOINT CANDIDATES; TO AMEND SECTION 7-13-330, RELATING TO THE ARRANGEMENTS OF THE GENERAL ELECTION BALLOTS, SO AS TO PROVIDE FOR THE PLACEMENT OF THE GOVERNOR AND

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\WWW\30221DW.94).

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

SECTION . The 1976 Code is amended by adding:

"Section 1-3-125. If a vacancy in the office of Lieutenant Governor occurs, the Governor, with the advice and consent of the Senate, shall appoint a Lieutenant Governor to serve the remainder of the term of office."

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Reps. SCOTT, KENNEDY, KLAUBER, FELDER, McMAHAND, ANDERSON and MOODY-LAWRENCE objected to the Bill.

The following Joint Resolution was taken up.

H. 4888 -- Reps. Hodges and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

Reps. MOODY-LAWRENCE, SCOTT, KENNEDY, STONE, McMAHAND, ANDERSON, HINES and McLEOD objected to the Joint Resolution.

The following Bill was taken up.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3391BDW.94).

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

/SECTION 1. Section 55-9-240 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:

"Section 55-9-240. All land surrounding a five mile radius of public publicly-owned airports in this State, which are funded partially or wholly by this State, shall must be zoned by the appropriate county, or municipal or regional authorities, pursuant to the zoning authority under Chapter 29 of Title 6, so as to conform with pertinent regulations of the Federal Aviation Administration, Department of Transportation, and Division of Aeronautics of the South Carolina Department of Commerce. Zoning ordinances implemented in accordance with this section, at a minimum, must regulate the construction of improvements on lands within a zoning district that may constitute a hazard to aviation as determined by the Division of Aeronautics of the Department of Commerce or the Federal Aviation Administration."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. PHILLIPS explained the amendment.

Reps. HOLT, KELLEY, WITHERSPOON, HALLMAN, HARRELL, McLEOD, FULMER, TROTTER, ROBINSON and KEEGAN objected to the Bill.

Rep. BOAN moved that the House recur to the Morning Hour, which was agreed to.

The following Bill was taken up.

H. 3345 -- Reps. Jennings, Martin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE PROCEDURES WHICH MUST BE FOLLOWED FOR THIS VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE CASES.

Reps. WILKINS, GONZALES, MORGAN and JENNINGS proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\GJK\20809SD.94).

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

(1) to provide safety for all persons using the highways of this State by quickly revoking the driving privilege of those persons who have shown themselves to be safety hazards by driving with an excessive concentration of alcohol in their bodies; and

(2) to guard against the potential for any erroneous deprivation of the driving privilege by providing an opportunity for an administrative hearing as quickly as possible after the suspension becomes effective; and

(3) following the suspension period, to prevent the relicensing of these persons until the Department of Public Safety is satisfied that their alcohol problem is under control and that they no longer constitute a safety hazard to other highway users.

SECTION 2. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2951. (A) In addition to any penalty imposed by law, including additional driver's license suspensions, the Department of Public Safety shall suspend for three months the driver's license of a person twenty-one years or older who operates a motor vehicle and who is determined to have a blood alcohol content of fifteen one-hundredths of one percent or above.

(B) A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.

(C) A law enforcement officer who has arrested an operator of a motor vehicle for any offense arising out of acts alleged to have been committed while being under the influence of alcohol may order the testing of the person arrested to determine the presence of blood alcohol.

(D) Tests must be administered at the direction of the arresting officer. At the direction of the arresting officer, the person must be offered two breath tests to determine the alcohol content of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. Only one blood sample is required under the provisions of this section. The breath tests must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the tests. Blood samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take these samples in a licensed medical facility. Blood samples must be obtained and handled in

(1) the breath test must be administered as soon as practicable after the arrest;

(2) prior to the first breath test, the person administering the test must observe the person to be tested for no less than twenty minutes;

(3) any sequential breath test may not be administered less than five minutes after the first breath test;

(4) the breath test results may be used to prove a person's particular alcohol concentration if the pair of readings are from consecutively administered breath tests, the readings do not differ from each other by an alcohol concentration greater than two one-hundredths of one percent and the lesser reading is at least fifteen one-hundredths of one percent; and

(5) the breath testing instrument must be maintained and calibrated by SLED at intervals not more than every one hundred days.

The costs of the tests administered at the direction of the arresting officer must be paid from the general fund of the State.

(E) 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. No inference may be taken from a person's failure to request additional tests. The failure or inability of the person tested to obtain additional tests does not preclude the consideration of the tests or samples taken at the direction of the arresting officer. The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(F) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administration of tests at the direction of a law enforcement officer are released from civil and criminal liability unless the obtaining of samples or the tests are performed in a negligent manner. No person may be required by the officer ordering the tests to obtain or take any sample of blood.

(G) (1) If a person under arrest refuses, upon the request of the arresting officer, to submit to chemical tests as provided in subsection (D) of this section, none may be given, but the department, on the basis of a report of the arresting officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol and that the person refused to submit to the tests, shall suspend his license or permit to drive, or any nonresident operating privilege for a period of three months. If the person is a resident without a license or permit to

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