Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, our Heavenly Father, Who feeds the birds and clothes the flowers, and Who cares for us even as a father cares for his children, guard us against distrust and anxiety. Cause us to completely understand that "God is our Refuge and Strength, a very present help in trouble" (Psalm 46:1). May we feel Your never failing presence always, and Your undergirding strength enabling us to say confidently: "Where You lead, I will follow." And as You have called us into these unique positions of service, make us totally worthy of this calling.
Favorably hear, good Lord, this prayer made in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KLAUBER moved that when the House adjourns, it adjourn in memory of Dr. W.S. Brockington of Greenwood, which was agreed to.
TO: The Clerk of the Senate
The Clerk of the House
FROM: F.G. Delleney, Jr., Chairman
Judicial Screening Committee
DATE: May 13, 1996
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Representative F.G. Delleney, Jr., Chairman
Senator Glenn F. McConnell, Vice-Chairman
Senator Edward E. Saleeby
Senator Thomas L. Moore
Senator John R. Russell
Representative Ralph W. Canty
Representative William Douglas Smith
Representative L. Hunter Limbaugh
Date Draft Report Issued: Friday, May 10, 1996
Date and Time Final Report Issued: Tuesday, May 14, 1996 -- 12:00 Noon
Judicial Candidates are not free to seek or accept commitment until May 14, 1996 at 12:00 noon.
The Joint Legislative Committee for Judicial Screening is charged by law to consider the qualifications of candidates for the judiciary. The Joint Committee has carefully investigated the candidates currently set for screening and found, by unanimous vote, 11 candidates qualified for judicial office and, by a split vote, 1 candidate qualified for judicial office. This report details the reasons for the Joint Committee's findings and each candidate's qualifications as they relate to the Joint Committee's nine evaluative criteria.
The Joint Committee recently has implemented some changes to its screening format. The Joint Committee has asked candidates offering for the Supreme Court, Court of Appeals, and Circuit Court their views on constitutional interpretation and sentencing philosophy. These questions were asked in an effort to provide the members of the General Assembly more information about candidates and their thought processes. These questions should not suggest that the Joint Committee believes that there are right or wrong answers to those questions. The Joint Committee has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office they are seeking. The Joint Committee has attempted to ask each candidate offering for the Supreme Court and Court of Appeals for his or her experience in the areas of criminal, civil, and domestic law since those are the cases that would generally be heard by members of those courts. Candidates for the Circuit Court were asked to provide evidence of their experience in civil and criminal law. Finally, candidates for the Family Court were asked to detail their level of practice in five areas of domestic law. Those areas are divorce and equitable division, child custody, adoption, abuse and neglect, and juvenile justice. The Joint Committee feels that candidates should have familiarity with the subject matter of the court for which they offer. In assessing each candidate's performance on the practice and procedure questions, the Joint Committee has placed candidates in one of three categories: failed to meet expectations, met expectations, or exceeded expectations. The Joint Committee feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
The Joint Committee conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which it questions each candidate on a wide variety of issues. The Joint Committee's investigation focuses on nine evaluative criteria. These evaluative criteria are: integrity and impartiality; legal knowledge and ability; professional experience; judicial temperament; diligence and industry; mental and physical capabilities; financial responsibilities; public service; and ethics. The Joint Committee's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) study of appellate record; and
(10) investigation of complaints.
While the law provides that the Joint Committee is to make findings as to qualifications, the Joint Committee views its role as also including an obligation to consider candidates in the context of the judiciary on which, if elected, they will serve and, to some degree, govern. To that end, the Joint Committee inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public it represents as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts.
The Joint Committee expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.
This report is the culmination of weeks of investigatory work and public hearings. The Joint Committee takes its responsibilities very seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision. If you would like to review portions of the screening transcript or other public information about a candidate before it is printed in the Journal, please contact Beth Atwater at 734-4851.
This report conveys the Joint Committee's findings as to the qualifications of all candidates currently offering for election to the Circuit Court and Family Court.
Joint Committee's Finding: Qualified
Mr. Armstrong was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Mr. Armstrong demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
Mr. Armstrong has served as a panel member for Leadership Beaufort and Senior Leadership Beaufort. He has also given a presentation to the S.C. Association of Legal Investigators on how to be a more effective witness. In addition, he has been a guest on several T.V. shows in the Hilton Head area regarding criminal law.
Mr. Armstrong published an article titled "Up from the Lowcountry, Who is this New Kid on the Block?", Robert S. Armstrong, Fall Issue, 1993, South Carolina Trial Lawyer Bulletin.
The Joint Committee found Mr. Armstrong to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Armstrong reported that he is not rated by Martindale-Hubbell.
(3) Professional Experience:
Mr. Armstrong graduated from the University of South Carolina School of Law in 1982 and was admitted to the Bar later in the same year.
Mr. Armstrong has served as a law clerk to Judge William Howell, as a Public Defender (1983-1985), as an Assistant Solicitor for the 14th Circuit (1985-1990), and as Deputy Solicitor (1990-June 1995). Since July 1995, Mr. Armstrong has been a sole practitioner in private practice.
Mr. Armstrong reported that he had attended CLE's regularly during the last five years. He stated that until last year his focus was on evidence, criminal, and constitutional law. Last year, he began concentrating on civil law.
Mr. Armstrong described his practice from 1990 to 1995 as 10% civil, 72% criminal and 18% domestic. He also estimated that during that five years about 50% of his practice involved matters that went to a jury. Since July of 1995, Mr. Armstrong described his practice as 50% civil, 25% criminal, and 25% domestic. In addition, Mr. Armstrong reported that he has concentrated on civil law CLE's in the last year. In response to the Committee's request for supplemental information, Mr. Armstrong provided the Committee with a more detailed breakdown of his civil experience. Since he entered private practice in July 1995, Mr. Armstrong reported that he has handled cases involving real estate, personal injury, medical malpractice, collection, and probate matters. This information can be found in Mr. Armstrong's public hearing transcript.
Mr. Armstrong provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) Death penalty case. State v. Elkins, 436 S.E.2d 178 (S.C. 1993).
(b) A reckless homicide case where he was appointed as a special prosecutor in Dorchester County. State v. James McConnell, 449 S.E.2d 778 (S.C. Ct. App. 1994).
(c) A multiple defendant case involving safecracking, burglary, and possession of cocaine. State v. Ernest Williams, et al., (citation omitted).
(d) Murder and rape case involving testimony of daughter and circumstantial evidence. State v. Emiah Anderson, (citation omitted).
(e) Rape case involving police officer's new wife. State v. Solomon Anderson, (Citation Omitted).
Mr. Armstrong provided the Committee with one domestic appeal and no civil appeals. The domestic appeal was affirmed by the Supreme Court. Jasper County Department of Social Services v. William Bostic and Jackie Bostic, Op. No. 92-MO-181 (filed July 6, 1992).
(4) Judicial Temperament:
The Joint Committee believes that Mr. Armstrong's temperament would be excellent.
(5) Diligence and Industry:
Mr. Armstrong was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Armstrong is married and has two children.
(6) Mental and Physical Capabilities:
Mr. Armstrong appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Armstrong has managed his financial affairs responsibly.
(8) Public Service:
Mr. Armstrong is active in professional and community activities.
(9) Ethics:
Mr. Armstrong testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Armstrong testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Mr. Armstrong testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Mr. Armstrong meets the constitutional requirements for the office he seeks.
Mr. Armstrong was found qualified by the South Carolina Bar. The Bar reported that "although [Mr. Armstrong] lacks significant civil trial experience, he has extensive trial experience in General Sessions court. He served as a public defender for two years and assistant solicitor for ten years." The Bar also found that Mr. Armstrong "is considered to be intelligent and has a keen sense of fairness and equity." The Bar also reported that "it is believed that he would demonstrate good judicial temperament."
Mr. Armstrong was asked about his general philosophy regarding the power of the General Assembly regarding legislating. The candidate's answer to this question is printed in the transcript of his public hearing. The Committee has included this response solely for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Joint Committee's Finding: Qualified
Mr. Barber was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Mr. Barber demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Mr. Barber stated that he was an instructor at the U.S.C. College of Applied Sciences. He taught a Business Law course to undergraduate students which primarily covered contracts.
The Joint Committee found Mr. Barber to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Barber's Martindale-Hubbell rating is AV, their highest rating.
(3) Professional Experience:
Mr. Barber graduated from the University of South Carolina School of Law in 1969 and was admitted to the Bar later in the same year.
Since his graduation from law school, Mr. Barber has worked for the U.S. Department of Justice, Internal Security Division from February 1970 to October 1972, the Law Office of Henry H. Edens from October 1972 to August 1977, and Todd & Barber, PC from August 1977 to present.
Mr. Barber described his practice over the past five years as 79% civil, 1% criminal, and 20% domestic. While the Committee initially expressed some concern over Mr. Barber's criminal experience, Mr. Barber was able to document an extensive practice of criminal law, marked by a degree of complexity. This information is provided in the transcript from Mr. Barber's public hearing.
Mr. Barber provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) Shirley and Jack Curry d/b/a C & T Properties v. South Carolina Coastal Council, 89-CP-10-0676. The case involved an attempt for plaintiffs to recover damages for a taking resulting from the loss of all value and use of their property following implementation of the Beachfront Management Act. Plaintiffs prevailed at trial level and ultimately on appeal to the Supreme Court.
(b) Irwin Lynn Hamby v. Linda Snelson Hamby, 216 S.E.2d 536 (1975). The case involved termination of parental rights of the birth father and the adoption of the child by the mother's husband.
(c) James E. Nash and John D. Medlin, Individually and as Shareholders on Behalf of Andy's Delicatessen, Inc. v. Adnan Shlon, Docket No. 88-CP-40-1390. The case was a shareholder's derivative action where valuation of the business was a key issue. Following the trial, Mr. Barber's client was able to acquire the minority interest and become the sole owner.
(d) Parkway Advertising Corporation v. South Carolina Department of Highways and Public Transportation, Future Outdoor Advertising Company, Inc., The County of York, South Carolina. The case involved attempt by two companies to erect billboards on adjoining property in York County. The litigation was a very complicated matter involving state statutes, regulations, and county ordinances. The Court authorized Mr. Barber's client to construct the structure.
(e) State of South Carolina v. Ruby Hiott, et al. A capital murder case wherein Mr. Barber was able to negotiate a plea on behalf of his client.
Mr. Barber provided the Committee with the following civil appeals which he has personally handled:
(a) Otis C. Carter v. South Carolina Department of Public Transportation, ___ S.C. ___, 306 S.E.2d 614 (1993). Case involved whether under S.C. law a business had to be recognizable from the main travelled way to qualify as an unzoned commercial or industrial area for purposes of the Highway Advertising Control Act.
(b) William P. Charping v. J.P. Scurry & Company, Inc., et al., ___ S.C. ___, 372 S.E.2d 120 (Ct. App. 1988). Case involved whether a restriction on a parcel of land was personal and therefore not binding on a subsequent owner.
(c) Betty Fogle Whetstone and Joseph Keels v. Michael K. Whetstone, Op. No. 92-UP-181 (filed December 29, 1992). Case involved the imposition of jail time for criminal and civil contempt relating to a family court action. The United States Supreme Court denied certiorari.
(d) Rebecca M. Estes v. Roper Temporary Services, Inc., ___ S.C. ___, 403 S.E.2d 157 (Ct. App. 1991). Case involved issues of estoppel and retroactivity of legislation.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Barber's temperament would be excellent.
(5) Diligence and Industry:
Mr. Barber was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Barber is married and has three children.
(6) Mental and Physical Capabilities:
Mr. Barber appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Barber has managed his financial affairs responsibly.
(8) Public Service:
Mr. Barber is active in professional and community activities.
(9) Ethics:
Mr. Barber testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Barber testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Mr. Barber testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Mr. Barber meets the constitutional requirements for the office he seeks.
The Bar found Mr. Barber qualified. The Bar reported that Mr. Barber "is considered to be an intelligent, diligent, hardworking lawyer. He is generally respected by members of the legal community. Although some questioned his temperament, he was perceived by most as someone who could maintain a sense of decorum when others around him were losing theirs. Thus, it was opined that he would likely display good judicial demeanor. His character and integrity were not questioned by those surveyed."
Mr. Barber was asked about his general philosophy regarding the sentencing of various categories of criminal defendants including repeat violent offenders, juveniles waived to Circuit Court, and "white collar" criminals. Mr. Barber's actual response to each of these questions is included in the transcript of his public hearing. The Committee has included these responses solely for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Mr. Barber was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. Mr. Barber's answers to these questions are printed in the transcript of his public hearing. The Committee has included these responses solely for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Joint Committee's Finding: Qualified
Judge Bartlett was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Judge Bartlett demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Judge Bartlett is on the general faculty at the National Judicial College where he has lectured on evidence, criminal procedure, constitutional law, and domestic violence. He has also lectured for the S.C. Court Administration (evidence), S.C. Criminal Justice Academy (magistrate certification), South Carolina Bar (D.U.I. seminars), South Carolina Justice Institute (evidence), and Greenville Technical College (criminal law, criminal procedure, juvenile justice). He has also been invited to lecture at various seminars on Domestic Violence, including seminars sponsored by the Greenville Hospital System and Sistercare.
The Joint Committee found Judge Bartlett to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Bartlett graduated from the University of South Carolina School of Law in 1977 and was admitted to the Bar later in the same year.
After Judge Bartlett was admitted to the Bar, he served from 1977 to 1978, as Assistant City Attorney for the City of Greenville. He served as Assistant Circuit Solicitor from 1978 to 1980. Since 1980, Judge Bartlett has been the Chief Judge of the Municipal Court for the City of Greenville.
As a current judge, Judge Bartlett omitted questions related to practice, litigation, and appeals during the last five years. Judge Bartlett reports that municipal courts are not courts of record and rarely have written orders; however, he has listed and enclosed two orders issued by him which he says have "substance and that are not of a routine nature":
(1) City of Greenville v. Dan Winston Brooks. A return to the court of General Sessions upon appeal. The case was upheld by the Circuit Court. The South Carolina Supreme Court upheld the ruling of the Circuit Court under rule 23.
(2) City of Greenville v. William Ezia Adams. An order which declared a city picketing ordinance to be unconstitutional.
Although there was some concern on the Committee that Judge Bartlett does not have significant family court experience, he has an excellent reputation as a municipal judge, and the Committee believes he will be able to adapt and perform satisfactorily as a family court judge.
(4) Judicial Temperament:
The Joint Committee believes that Judge Bartlett's temperament would be excellent.
(5) Diligence and Industry:
Judge Bartlett was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Bartlett is married and has two children.
(6) Mental and Physical Capabilities:
Judge Bartlett appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Bartlett has managed his financial affairs responsibly.
(8) Public Service:
Judge Bartlett has been active in professional and community activities.
(9) Ethics:
Judge Bartlett testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Bartlett testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Bartlett testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Judge Bartlett meets the constitutional requirements for the office he seeks.
The Bar found Judge Bartlett qualified. The Bar reported that Judge Bartlett "has served continuously as a full-time municipal judge for the City of Greenville since 1980. Prior to that time, he worked for one year as an assistant city attorney and for 2 years as an assistant circuit solicitor. Judge Bartlett is regarded as having excellent judicial temperament. He is highly respected for his administrative skills in the municipal court system and for his diligence, hard work, and timeliness. His reputation for integrity and fairness is well recognized among those interviewed. Some interviewed noted his lack of family court experience but believed he would be able to adapt to the Family Court based upon his strong judicial background."
Joint Committee's Finding: Qualified
Mr. Brown was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Mr. Brown demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Mr. Brown stated that he had taught business law (about 15 years ago) and family law at the paralegal program at Greenville Technical College. He has also lectured on terminating parental rights to a D.S.S. group.
The Joint Committee found Mr. Brown to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions exceeded expectations.
Mr. Brown has not requested a Martindale-Hubbell rating and does not know if he has one.
(3) Professional Experience:
Mr. Brown graduated from the University of South Carolina School of Law in 1976 and was admitted to the Bar later in the same year.
Since his admission to the Bar, Mr. Brown worked at Legal Services in 1976 and has been in private practice since 1979.
Mr. Brown described his practice over the last five years as 5% civil, 5% criminal, and 90% domestic.
Mr. Brown provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) Williamson v. North American Life and Casualty Company, 307 S.C. 230, 414 S.E.2d 177. Holding that a family court order can designate the beneficiary of life insurance proceeds notwithstanding the fact that a different recipient is named as beneficiary in the policy.
(b) Ledford v. South Carolina Department of Highways and Public Transportation, 92-CP-23-486. Plaintiff asserted that he should not be required to give the Highway Department his social security number because it violated his religious beliefs.
(c) South Carolina Department of Social Services v. Doe, 292 S.C. 211, 355 S.E.2d 543. Case which lead to statutory exception to the hearsay rule allowing the admission of the statement of a child 3 or younger in abuse cases.
(d) George Thomas v. Steven Ritchie Holam-Hansen. Establishing an indigent child's right to receive a trial transcript.
(e) White v. White, 283 S.C. 348, 323 S.E.2d 521. Allowing property division in an annulment proceeding.
(f) Department of Social Services v. Father and the Mother, 294 S.C. 518, 366 S.E.2d 40 (Ct. App. 1988). Establishing the fact that skin is an organ which was damaged by bruising and that such an act may be abuse.
Mr. Brown has handled the following domestic appeals:
(a) Williamson v. North American Life and Casualty Company, 414 S.E.2d 177, 307 S.C. 230.
(b) South Carolina Department of Social Services v. Doe, 292 S.C. 211, 355 S.E.2d 543.
(c) White v. White, 283 S.C. 348, 323 S.E.2d 521.
(d) Fridy v. Fridy, appeal currently pending in the Court of Appeals.
(e) Frye v. Frye, Court of Appeals Op. No. 2217 (Filed August 15, 1994).
(f) Department of Social Services v. Whitworth, Op. No. 93-UP-130 (filed April 28, 1993).
At the Joint Committee's request, Mr. Brown supplied a number of additional cases which he felt were representative of his domestic practice. Mr. Brown's response was incorporated into the transcript of his public hearing and can be referenced there.
The Joint Committee determined that Mr. Brown had engaged in an active trial practice in the Family Courts, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Brown's temperament would be excellent.
(5) Diligence and Industry:
Mr. Brown was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Brown is married and has two children.
(6) Mental and Physical Capabilities:
Mr. Brown appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Brown has managed his financial affairs responsibly.
(8) Public Service:
Mr. Brown was an E-5 in the United States Marines Corps Reserves. He was honorably discharged.
Mr. Brown is active in professional and community activities.
(9) Ethics:
Mr. Brown testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Brown testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Mr. Brown testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Mr. Brown meets the constitutional requirements for the office he seeks.
The Bar found Mr. Brown qualified. The Bar reported that Mr. Brown "has had extensive and broad experience in Family Court. He possesses a strong working knowledge of the law of Family Court. The majority of those interviewed felt that he is a good worker and well prepared in court and that he would have a good judicial temperament. Mr. Brown is perceived as having a good character, integrity, and reputation. Those interviewed believed that he would be a fair and impartial member of the judiciary."
Joint Committee's Finding: Qualified
Mr. DuTremble was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Mr. DuTremble demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Mr. DuTremble was a legal instructor at the South Carolina Criminal Justice Academy in 1983.
The Joint Committee found Mr. DuTremble to be intelligent and knowledgeable. Because Mr. DuTremble met the expectations of the Committee regarding the practice and procedure questions asked in his prior screening, he was given, and he accepted, the option of incorporating his performance on those questions into the present screening.
Mr. DuTremble's Martindale-Hubbell rating is AV, their highest rating.
(3) Professional Experience:
Mr. DuTremble graduated from the University of South Carolina School of Law in 1978 and was admitted to the Bar later in the same year.
From 1978 to 1979, Mr. DuTremble served as a law clerk to Circuit Court Judge Julius H. Baggett. From 1979 to 1980, Mr. DuTremble served as Assistant Public Defender for the Eleventh Judicial Circuit in Lexington. He was Assistant Prosecutor in Lexington from 1980 to 1983. From 1982 to 1983, Mr. DuTremble served as a legal instructor with the South Carolina Criminal Justice Academy. He was an Assistant U.S. Attorney in Charleston from 1983 until 1987 and 1989 to 1991. Mr. DuTremble was a sole practitioner from 1987 to 1989, and from 1991 to the present. His practice has mainly involved criminal law, with some civil litigation, and he currently specializes in white collar criminal defense.
Mr. DuTremble described his practice over the past five years as 10% civil and 90% criminal.
Mr. DuTremble provided the Joint Committee with five of his most significant litigated matters which he described as follows:
(a) U.S. v. Polowichak, 783 F.2d 410 (4th Cir. 1985), largest seizure of marijuana in S.C. history.
(b) U.S. v. Henry Hamilton, 850 F.2d 1038 (4th Cir. 1988), largest heroin ring in Charleston.
(c) U.S. v. Luther Taylor, 993 F.2d 382 (4th Cir. 1993), first conviction at trial in Operation Lost Trust.
(d) U.S. v. Brantley, 777 F.2d 159 (4th Cir. 1985), conviction of corrupt Sheriff of Jasper County.
(e) U.S. v. Southwire Corp., (1993) (not reported), defense of the largest environmental crime case brought in the District of South Carolina.
The Joint Committee determined that Mr. DuTremble had engaged in an active trial practice in the trial courts of South Carolina, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
The Joint Committee believes that Mr. DuTremble's temperament would be excellent.
(5) Diligence and Industry:
Mr. DuTremble was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. DuTremble is married and has two children.
(6) Mental and Physical Capabilities:
Mr. DuTremble appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. DuTremble has managed his financial affairs responsibly.
(8) Public Service:
Mr. DuTremble is active in professional and community activities.
(9) Ethics:
Mr. DuTremble testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. DuTremble testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Mr. DuTremble testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Mr. DuTremble meets the constitutional requirements for the office he seeks.
The Bar found Mr. DuTremble qualified. The Bar reported that Mr. DuTremble "has extensive experience as assistant United States Attorney, an Assistant Solicitor, and Assistant Public Defender, as well as a civil and criminal advocate in private practice. He is intelligent, knowledgeable in the law, and a hard worker. He is considered to be an excellent and effective trial lawyer. He has a good demeanor and sense of humor. It is believed that he would have a good judicial temperament."
Mr. DuTremble was asked about his general philosophy regarding interpretation of the Constitution, power of the General Assembly regarding legislating, and a judge's ability to publicly comment on recently decided cases. Mr. DuTremble's answers to these questions are printed in the transcript of his public hearing. The Committee has included these responses solely for the benefit of members of the General Assembly. The Committee does not represent that there is a correct answer to any question.
Joint Committee's Finding: Qualified
Judge Eckstrom was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Judge Eckstrom demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Judge Eckstrom was an instructor of Constitutional Law at the City College of Chicago in 1984; an instructor of Business Law at the City College of Chicago in 1985; an adjunct instructor of Criminal Law and Procedure at Midlands Technical College in 1994 and 1995; an instructor of Government Ethics and Standards of Conduct for the U.S. Navy from 1992-1994; an Instructor of Rules of Procedure for Court Administration (training for new probate judges) in 1992; and an Instructor of Judicial Ethics at a JCLE for the S.C. Probate Judge's Association Conference in 1993.
The Joint Committee found Judge Eckstrom to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Eckstrom graduated from the University of South Carolina School of Law in 1982 and was admitted to the Georgia Bar in 1982 and the South Carolina Bar in 1983.
Since his graduation from law school, Judge Eckstrom has worked as a judge advocate for the Department of the Navy from 1982 to 1986; as sole legal counsel for the South Carolina Vocational Rehabilitation Department from 1986 to 1990; as an associate for Nexsen Pruet Jacobs and Pollard, LLP in 1990; and as Judge of the Probate Court for Lexington County from 1991 to present.
Judge Eckstrom provided the Joint Committee with five of his most significant litigated matters which he described as follows:
a) United States v. Melendez; criminal jury trial in military court; drug case involving opposing scientific experts, and scientific evidence including urinalysis testing by radio-immunoassay and gas chromatography/mass spectrometry. Won acquittal after defending case on basis of faulty test procedures, inconsistent test results, and character trait evidence admitted under Military Rule of Evidence 404.
b) United States v. Stodahour; criminal jury trial in military court; ATM fraud and larceny case; used optically enhanced still photos in the courtroom, taken from financial institution's video monitor. Won acquittal after defending the case on basis of mistaken identification.
c) Ken Murray, d/b/a Old Saw Mill Company v. South Carolina Vocational Rehabilitation Department; Plaintiff sued for breach of contract. Jury found for plaintiff on his claim and for defendant on counterclaim. While case was on appeal, Judge Eckstrom petitioned S.C. Supreme Court under former S.C. Supreme Court Rule 24 to seek relief from judgment in the trial court, based on after-discovered evidence due to mistake or fraud on the part of plaintiff. Supreme Court granted the motion, and judgment against defendant agency was reduced by trial court, resulting in withdrawal of appeal.
d) Norris v. South Carolina Vocational Rehabilitation Department; Defendant suit in U.S. District Court brought under Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. Section 201 et. seq. Plaintiff sought compensatory wages, overtime wages and liquidated damages from state agency employer. Obtained summary judgment on behalf of defendant before the Honorable G. Ross Anderson, Jr. The central issue was the effective date minimum wage and overtime provisions of FLSA applied to public employers as a result of Garcia v. San Antonio Metropolitan Transit Authority, 105 S.Ct. 1005 (1985).
e) United States v. Kauffman; Defended former service member in trial by general court martial. Defendant was apprehended by law enforcement officials after nearly twenty year desertion. Waived trial by jury. Citing exceptional and thorough case in extenuation and mitigation in sentencing phase, trial judge imposed no confinement even though three year sentence was authorized.
Judge Eckstrom provided the Committee with the following civil appeals which he personally handled:
a) Ken Murray, d/b/a Old Saw Mill Company v. South Carolina Vocational Rehabilitation Department; Successful post-trial motion before S.C. Supreme Court, under former S.C. Supreme Court rule 24, during pendency of appeal.
b) While admitted under the student practice rule, prepared returns and motions to dismiss, and successfully represented State of South Carolina in four (4) civil Post Conviction Relief proceedings in Court of Common Pleas, 1982.
Judge Eckstrom provided the Committee with the following significant orders or opinions:
a) Sandra Marie Garrick v. Billy Guy Bailey, Jr. and Ronald S. Bailey, as Personal Representatives of the Estate of Billy Guy Bailey, Sr.; Case No. 90-ES-32-00823. This case involved several claims against the estate. Plaintiff, an alleged common law spouse of the deceased, sought reimbursement for sexual services on a quantum meruit theory of recovery. That claim was denied on the basis that such contracts would be void as a matter of public policy.
b) Charles J. Rogers, Jr. v. Jennifer R. Chumley; Case No. 91-GC-32-00052 and 00053. These protective proceedings demonstrated the broad equitable powers of the probate court to correct a wrong. A durable power of attorney, previously recorded in accordance with statute, was declared void ab initio, and a prior real estate transfer using the purported power of attorney was set aside and title was returned to the estate of the protected person.
c) Judy C. Allen. Personal Representative of the Estate of James D. Heckman v. H. Lee Heckman; Case No. 91-GC-32-00090; Affirmed on appeal, C.A. No. 95-CP-32-1727. This case decided ownership of funds in a joint tenancy survivorship account after one joint tenant, the sole depositor, was determined to be incapacitated. Recognizing the existence of a fiduciary duty, the order held that the joint owner with capacity no longer possessed full discretionary rights to the account when his joint tenant became incapacitated. The case was affirmed on appeal.
d) In the Matter of Trevor O'Draeda Jones, a minor; Case No. 88-GC-32-00049. Order and Sentence for Criminal Contempt of Court against J. Michael Fullwood, Esq. This case demonstrates the contempt powers of the probate court. The attorney for a court appointed conservator was convicted and sentenced in the probate court on four counts of criminal contempt of court for his intentional and wrongful filing of four false and misleading accounting with the probate court. The defendant was sentenced to the maximum period of confinement for criminal contempt, to run concurrently with a related federal court sentence.
e) Thompson Funeral Home v. Estate of Lucia Edna Nettles Douglas; this case involved the applicability of Article 2 of the Uniform Commercial Code (UCC) to the sale of goods and services by a funeral home. In this claim against the estate, the UCC's implied warranty of fitness for a particular purpose, S.C. Code Section 36-2-315, was applied to the sale of a casket which would not fit the mausoleum crypt.
(4) Judicial Temperament:
The Joint Committee believes that Judge Eckstrom's temperament would be excellent.
(5) Diligence and Industry:
Judge Eckstrom was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Eckstrom is married and has three children.
(6) Mental and Physical Capabilities:
Judge Eckstrom appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Eckstrom has managed his financial affairs responsibly.
(8) Public Service:
Judge Eckstrom is active in professional and community activities.
(9) Ethics:
Judge Eckstrom testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Eckstrom testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Eckstrom testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Judge Eckstrom meets the constitutional requirements for the office he seeks.
The Bar found Judge Eckstrom qualified. The Bar reported that Judge Eckstrom "has an excellent reputation for running his court in a courteous, professional and impartial manner. He has excellent judicial temperament and is generally perceived as always trying to 'do the right thing' in ruling on sensitive issues which come before him. His office is operated efficiently. While some concern was expressed about the extent of his Circuit Court trial experience, those interviewed did not feel that this would prevent him from performing satisfactorily as a Circuit Court Judge. His character, integrity and reputation are above reproach."
Joint Committee's Finding: Qualified
Judge Mendelsohn was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Judge Mendelsohn demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Mendelsohn to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Judge Mendelsohn's Martindale-Hubbell rating is AV, their highest rating.
(3) Professional Experience:
Judge Mendelsohn graduated from the University of South Carolina School of Law in 1964 and was admitted to the Bar later in the same year.
After graduating law school, Judge Mendelsohn was an associate with the Steinberg firm in Charleston from 1965 to 1966, and has been a sole practitioner from 1967 to present. His practice includes litigation in all areas: Family Court, real estate, criminal, and probate.
Judge Mendelsohn has served as municipal judge for the City of Charleston from 1976 to present, and recently began serving as municipal judge for the Isle of Palms in addition to his service for the City of Charleston.
Judge Mendelsohn described his practice over the past five years as 55% civil, 10% criminal, and 35% domestic.
Judge Mendelsohn provided the Joint Committee with five of his most significant litigated matters which he described as follows:
a) USA v. Russell - Drug trial before jury. No appeal. Case had interesting legal questions. In addition, client would not cooperate.
b) USA v. Bauer - Drug conspiracy trial. Client did not appear for trial. Judge Mendelsohn was required to protect client's interests, which were represented by an empty chair. This was a difficult task.
c) USA v. Disharoon - Murder on military reservation. Not a usual case for Federal Court. At sentencing, twelve year old son admitted guilt. Judge gave new trial. Convicted again at second trial.
d) Heyning v. Small - Auto accident, with no property damage. Got verdict (small) for client. Two day trial was strongly resisted by defendant (insurance carrier).
e) Von Allmen v. DSS and Cox and Williamson - Termination of parental rights and adoption. Very emotional. Legal issues concerning parental remediation. DSS obligation to put parents back with child.
Judge Mendelsohn provided the Committee with the following civil appeals which he has personally handled:
a) Fielding v. S.C. Election Commission, 305 S.C. 313, 314, 408 S.E.2d 232.
b) Forsythe v. Forsythe, 290 S.C. 253, 254, 349 S.E.2d 405.
c) Porcher v. Porcher, 289 S.C. 200, 345 S.E.2d 737.
d) Arnold v. Arnold, 285 S.C. 296, 297, 328 S.E.2d 924.
e) Olson v. Olson, 278 S.C. 258, 294 S.E.2d 425.
Judge Mendelsohn reported that the opinions in the Municipal Court are generally rendered without a written order.
(4) Judicial Temperament:
The Joint Committee believes that Judge Mendelsohn's temperament would be excellent.
(5) Diligence and Industry:
Judge Mendelsohn was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Mendelsohn is married and has one child.
(6) Mental and Physical Capabilities:
Judge Mendelsohn appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Mendelsohn has managed his financial affairs responsibly.
(8) Public Service:
Judge Mendelsohn is active in professional and community activities.
(9) Ethics:
Judge Mendelsohn testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Mendelsohn testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Mendelsohn testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
The South Carolina Bar will issue its report on candidates offering for the Ninth Circuit before the election.
Joint Committee's Finding: Qualified
Judge Pieper was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Judge Pieper demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Pieper to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Pieper graduated from the University of South Carolina School of Law in 1984 and was admitted to the Bar in May 1985. He also received a Masters of Law (LL.M.) in Taxation from New York University School of Law in August 1986.
After graduating from law school, Judge Pieper was a law clerk for United States Magistrate Judge Robert S. Carr from March 1985 to August 1985; the Senior law clerk for U.S. District Judge Sol Blatt, Jr. from the fall of 1986 to the fall of 1988; he was associated with another lawyer under the name of Pieper and Stokes from August 1988 to December 1990; career law clerk to U.S. District Judge Sol Blatt, Jr. from the summer of 1990 to the summer of 1993, and assisted Judge Blatt once a week from the summer of 1993 to the summer of 1995; part-time Berkeley County magistrate from April 1989 to October 1991; and Berkeley County Master-in-Equity and Special Circuit Judge from June 1993 to present.
As a current judge, Judge Pieper omitted questions related to practice, litigation, and appeals during the last five years.
Judge Pieper provided the Committee with the following significant orders or opinions:
a) Wadford v. Pipkin, Civil Action Nos. 92-CP-08-695 and 92-CP-08-696 (unreported) (Circuit Court). Judge Pieper found this case interesting because it involved two persons that apparently veered of the main roadway and ended up on the premises if the defendant, who held the two at gunpoint and threatened to kill the plaintiffs. The case was tried on issues of false arrest, trespassing, malicious prosecution, and outrage. Judge Pieper would particularly note that the case involved a scope of a "citizen's arrest", an area of the law in which there was not much appellate guidance at the time.
b) State of South Carolina v. Paul Winn, 93-CP-08-1770 (unreported) (Circuit Court). This case was an appeal from a lower court that Judge Pieper heard as Special Circuit Judge. This opinion contains a good discussion of the constitutional right to a speedy trial. Based on the facts of the case and the applicable law, he concluded that the magistrate correctly denied a motion to dismiss based on an alleged 31-month delay.
c) Dennis v. Murphy, 93-CP-08-382 (unreported) (Circuit Court). Breach of oral agreement case. The order has a good discussion of the law of constructive trusts.
d) McGinnis v. Berkeley County School District, 94-CP-08-746 (unreported) (Circuit Court). Student alleged sexual encounter with his teacher and sued the school district based on gross negligence in supervision of its employee and of its students. The order involves a detailed discussion of the S.C Tort Clams Act and various statutory provisions impacting on the case.
e) Smith v. Island Dirt, Inc., 93-CP-08-908 (unreported) (Circuit Court). Appeal from Workers' Compensation Commission. Involved a novel issue of law in regard to the point at which interest accrued on the award of compensation, with particular concerns on the procedural problems in the case.
The Committee expressed some concern as to the brevity of Judge Pieper's experience as a trial lawyer.
(4) Judicial Temperament:
The Joint Committee believes that Judge Pieper's temperament would be satisfactory.
(5) Diligence and Industry:
Judge Pieper was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Pieper is single.
(6) Mental and Physical Capabilities:
Judge Pieper appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Pieper has managed his financial affairs responsibly.
(8) Public Service:
Judge Pieper is a member of the South Carolina Bar Association and is an honorary member of the Berkeley County Bar Association.
(9) Ethics:
Judge Pieper testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Pieper testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Pieper testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
The South Carolina Bar will issue its report on candidates offering for the Ninth Circuit before the election.
[1] Rep. Hunter Limbaugh did not vote.
Joint Committee's Finding: Qualified/(Majority)
Unqualified (Minority: Senator Glenn F. McConnell, Senator John R. Russell)
Ms. Reddix-Smalls was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did reveal some evidence that raised questions.
Ms. Reddix-Smalls demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal. Ms. Reddix-Smalls did not fully answer the Committee's Personal Data Questionnaire on a timely basis.
The Joint Committee is also concerned about an incident in which an associate of Ms. Reddix-Smalls' attended the public hearing of another candidate despite admonitions given to each candidate about such activity. Ms. Reddix-Smalls denied any prior knowledge about her associate's plan to attend the public hearing. The Committee feels that Ms. Reddix-Smalls and other candidates should take responsibility for informing the people with whom they discuss their screening of the Committee's rules prohibiting a candidate or anyone associated with a candidate from attending the public hearings prior to that candidate's screening.
(2) Legal Knowledge and Ability:
Ms. Reddix-Smalls stated that she taught Constitutional Law and Administrative Law at South Carolina State University from 1991 to 1993, and has taught Criminal Justice/Police Procedures at Midlands Technical College for one year.
The Joint Committee found Ms. Reddix-Smalls to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
Ms. Reddix-Smalls has never applied for a Martindale-Hubbell rating.
(3) Professional Experience:
Ms. Reddix-Smalls graduated from the Georgetown University Law Center in 1976. Ms. Reddix-Smalls was admitted to the Louisiana Bar in 1977 and the South Carolina Bar in 1978.
After her graduation from law school, Ms. Reddix-Smalls was in private practice with Mordecai Johnson from 1978 to 1979 and she served as Executive Director of Carolina Regional Legal Services from 1978 to 1987. Ms. Reddix-Smalls was an associate with John Roy Harper from 1988 to 1989 and Edwards and Associates from 1989 to 1991. Presently, she is a partner at Reddix-Smalls and Carter, which was formed in 1991.
Ms. Reddix-Smalls described her practice over the past five years as 60 to 75% civil, 10 to 15% criminal, and 30% to 35% domestic.
Ms. Reddix-Smalls provided the Joint Committee with five of her most significant litigated matters which she described as follows:
(1) County-wide annexation, secession attempt case combined with voting rights issues. Franklin v. Campbell (U.S. Federal District Court) #95-1370.
(2) School Secession and Desegregation case in Williamsburg County. (U.S. District Court)
(3) Case involving appeal of sale of heirs property, requesting partition in kind or by allotment. Cox v. Frierson, 90-CP-21-1170, S.C. Supreme Court, verdict pending.
(4) Capital offense murder case. State v. Belin, (Citation Omitted)
(5) Death penalty case involving minor defendant. State v. Brunson, (Citation Omitted)
(6) Case involving DJJ incarceration of special needs student. Appeal pending. State v. Ellison, (Citation Omitted)
(7) Fraud case, involving mortgage of elderly woman's property by her son. Shepherd v. First American Mortgage Co., (Citation Omitted)
(8) Truth in Lending, Fraud, Financing and Mortgage Disclosure case. Thomas v. Delta Mobile Homes, (Citation Omitted)
(9) Banking disparities in lending and financing case. Settled for plaintiff prior to trial. McFadden v. Bank of Clarendon, 2-92-0737
(10) Federal mortgage disclosure requirements case. McQueen v. FHA, 4:92-1064-21 (U.S. District Court)
(11) Breach of warranty, breach of contract, and attorney's fees case. Trial August 1995; motion for reconsideration pending. Carter v. Rogers, 93-CP-40-4716.
(12) Bad faith claim involving insurance company which refused to pay proceeds when plaintiff's spouse killed in barroom brawl. Williams v. Fidelity Life and Guaranty, 93-CP-33-44, (U.S. District Court)
(13) Taxpayers' suit challenging validity and correctness of a local property millage levy. Tisdale v. Williamsburg County School District, (Citation Omitted)
(14) Standing and jurisdiction case involving plaintiff demands for an accounting by a non-profit organization. Montgomery v. State Conference of Branches, et al., (Citation Omitted)
(15) Divorce and disability benefits case involving Agent Orange and Agent White victim spouse. Thomas v. Jailette, (Citation Omitted)
Ms. Reddix-Smalls provided the committee with seven cases involving appeals which she has personally handled:
(a) Cox v. Frierson, 90-CP-21-1170 (S.C. Supreme Court-Circuit Court)
(b) Davis v. Davis, 92-DR-40-2456 (Supreme Court-Family Court). Divorce and child support case.
(c) Mapp v. Mapp, 92-DR-40-6187, S. C. Supreme Court. Separate maintenance, alimony, and equitable distribution case.
(d) Shepherd v. First American Mortgage Co., (citation omitted), S.C. Supreme Court. Mortgage rescission case.
(e) Tisdale v. Williamsburg County, 90-CP-45-09. Challenge of tax levy by taxpayers group.
(f) Franklin v. Campbell, remanded by the U.S. Supreme Court to the District Court for appeal to the 4th Circuit.
(g) Pee Dee Fed. Savings Bank v. Crawford, (citation omitted), Supreme Court.
Ms. Reddix-Smalls provided, at the Joint Committee's request, a supplemental list of 17 matters representative of her civil practice. Ms. Reddix-Smalls also detailed her civil motion and criminal practice. This information was incorporated into the record and is located in the transcript of Ms. Reddix-Smalls public hearing.
The Joint Committee determined that Ms. Reddix-Smalls has engaged in an active trial practice in the civil and criminal courts of South Carolina, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
In a previous screening, Ms. Reddix-Smalls stated that she was cited for contempt of court by a probate judge in Florence County in 1986. Ms. Reddix-Smalls further stated that she would now have handled the matter differently.
(5) Diligence and Industry:
The Committee found Ms. Reddix-Smalls' diligence and industry satisfactory for her service on the Circuit Court bench.
Ms. Reddix-Smalls is married and has two children.
(6) Mental and Physical Capabilities:
Ms. Reddix-Smalls appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Ms. Reddix-Smalls has managed her financial affairs responsibly.
(8) Public Service:
Ms. Reddix-Smalls is active in professional and community activities.
(9) Ethics:
Ms. Reddix-Smalls testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Ms. Reddix-Smalls testified that she was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Ms. Reddix-Smalls testified that she was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Ms. Reddix-Smalls meets the constitutional requirements for the office she seeks.
The Bar found Ms. Reddix-Smalls unqualified. The Bar reported that Ms. Reddix-Smalls is "perceived to be a bright lawyer with a wealth of legal experiences who zealously pursues the interests of her clients. Although well regarded by some members for the enthusiasm with which she pursues certain issues, others opined that she was unnecessarily confrontational and difficult to deal with. Her temperament was questioned by most. Some expressed the opinion that she interjected the issue of race into legal matters in which race was not an issue. Several years ago this candidate was the subject of a contempt order."
Ms. Reddix-Smalls was asked about her general philosophy regarding the sentencing of various categories of criminal defendants including repeat violent offenders, juveniles waived to Circuit Court, and "white collar" criminals. Ms. Reddix-Smalls's actual response to each of these questions is included in the transcript of her public hearing. The Committee has included these responses solely for the benefit of members of the General Assembly. The Committee does not represent that there are correct answers to these questions.
Joint Committee's Finding: Qualified
Mr. Runyon was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
Mr. Runyon demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Runyon to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
Mr. Runyon's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Mr. Runyon graduated from Tulane University School of Law in 1967 and was admitted to the South Carolina Bar later in the same year.
After graduating from law school, Mr. Runyon worked as a clerk and then associate with the firm of Lee & Padgett during the summer of 1967; he was staff attorney and later Chief Lawyer at the Neighborhood Legal Assistance Program from 1967 to 1972; he worked at Padgett, Altman & Fuller from 1972 to 1973; he was a sole practitioner and/or in various space-sharing arrangements from 1973 to 1984; he was a partner in the firm Runyon, Kinard and Strauch from 1984 to 1987; and has been a sole practitioner or in a space sharing arrangement from 1987 to present. In addition, Mr. Runyon served as part-time Assistant City Attorney for the City of Charleston from 1972 to 1974, and he was the first Public Defender of Charleston County from 1974 to 1975.
Mr. Runyon described his practice over the past five years as 30% civil, 60% criminal, and 10% domestic.
Mr. Runyon provided the Joint Committee with five of his most significant litigated matters which he described as follows:
a) Patsy Charles v. D.S.S., 1968 - U.S. District Court case in which a three judge federal panel declared the S.C. Welfare Residency Statute unconstitutional.
b) French v. City of Charleston - U.S. District Court case in Charleston which enjoined the City from requiring a district candidate to have five percent of the entire electorate sign before he/she could be placed on the ballot.
c) Johnson v. Tamsberg (C.A.) 430 F.2d 1125 - Established that administrative due process is not necessary for public housing tenants where jury trials are available to tenants.
d) State v. Grampus, 343 S.E.2d 26 and State v. Carter, 353 S.E.2d 875 - Both of these cases recognized "tests" for double jeopardy over and above the standard "Block Berger" tests.
e) Home Health v. Medical, (U. 53) F.Supp. 476 and 706 F.2d 497 (4th Circuit decision) - Case of first impression. Held that only patients, not providers, had standing to sue over choice of providers under a provision of the Social Security Act.
Mr. Runyon provided the Committee with the following civil appeals which he has personally handled:
a) Clark v. Clark (reported). This was a case originating in the Berkeley County Probate Court and was a "laughing heir" case.
b) Custom Recording Company v. Dunn - This was an appeal from a denial of a three-judge federal panel. Relief was granted without argument and by order.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Runyon's temperament would be excellent.
(5) Diligence and Industry:
Mr. Runyon was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Mr. Runyon is married and has two children.
(6) Mental and Physical Capabilities:
Mr. Runyon appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Mr. Runyon has managed his financial affairs responsibly.
(8) Public Service:
Mr. Runyon is active in professional and community activities.
(9) Ethics:
Mr. Runyon testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Mr. Runyon testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Mr. Runyon testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
The South Carolina Bar will issue its report on candidates offering for the Ninth Circuit before the election.
Joint Committee's Finding: Qualified
Representative Thomas was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Representative Thomas demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
Representative Thomas was the speaker on "Restructured State Government and the State of Administrative Law" in August 1993, and the speaker on "The S.C. Woman Advocate: From Ceiling to Sunroof", for the S.C. Bar CLE Division and S.C. Women Lawyers Association in April 1996.
The Joint Committee found Representative Thomas to be intelligent and knowledgeable. Her performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Representative Thomas graduated from the University of South Carolina School of Law in 1986 and was admitted to the Bar later that same year.
After graduating from law school, Rep. Thomas worked at the law offices of Kenneth W. Thornton from January 1987 to September 1987; she was a partner in Rubillo & Thomas from September 1987 to August 1988; a solo practitioner from August 1988 to January 1993; a partner with Thomas & Gundling from January 1993 to January 1994; a partner in Lawrimore, Thomas, Gundling & Kelaher from January 1994 to May 1994; a partner in Thomas, Gundling & Kelaher from May 1994 to January 1995; and a sole practitioner from January 1995 to present.
Representative Thomas described her practice as 45% civil, 15% criminal, and 40% domestic.
Representative Thomas provided the Joint Committee with five of her most significant litigated matters which she described as follows:
a) Harry F. Cameron v. Georgetown Steel - Workers' Compensation claim regarding novel question dealing with the "coming and going rule". Case No. WCC 9357660
b) Paula Wilson, et al. v. Patricia Brown, a/k/a Patricia Brown Nance - Issue of whether a deceased individual was competent at the time of marriage and the children's standing to sue. Case No. 95-DR-22-156
c) State of South Carolina v. Marshall Beam - First case in the 15th Circuit in which an individual was charged under the Criminal Negligence statute in South Carolina. Case No. 93-GS-26-2153.
d) State v. Robert Prince - Addressed numerous search and seizure issues.
e) Swails v. Revco - Establishing damages for administering wrong medication. Case No. 95-CP-22-260.
Representative Thomas provided the Committee with the following civil appeal for which she has been retained as co-counsel:
a) Myra Jean Merritt v. Carl A. Merritt, Jr., Docket 3 95-610.
(4) Judicial Temperament:
The Joint Committee believes that Representative Thomas' temperament would be excellent.
(5) Diligence and Industry:
Representative Thomas was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.
Representative Thomas is married and has three children.
(6) Mental and Physical Capabilities:
Representative Thomas appears to be mentally and physically capable of performing the duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Representative Thomas has managed her financial affairs responsibly.
(8) Public Service:
Representative Thomas is active in professional and community activities.
(9) Ethics:
Representative Thomas testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Representative Thomas testified that she was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Representative Thomas testified that she was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
Representative Thomas meets the constitutional requirements for the office she seeks.
The Bar found Representative Thomas qualified. The Bar reported that she is "perceived by those interviewed as intelligent and personable and possesses good common sense. It is felt that Rep. Thomas is conscientious, is well prepared and will have good judicial temperament. She is perceived to have excellent character and integrity. Some of those interviewed expressed concern as to the extent of experience in civil and criminal court because the majority of her practice has been in the family court system. However, throughout her practice she has frequently been in both civil and criminal court representing litigants."
Joint Committee's Finding: Qualified
Judge Turner was screened on May 7, 1996, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:
(1) Integrity and Impartiality:
The Joint Committee's investigation did not reveal any evidence of unethical conduct.
Judge Turner demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Turner to be intelligent and knowledgeable. His performance on the Joint Committee's practice and procedure questions met expectations.
(3) Professional Experience:
Judge Turner graduated from the University of South Carolina School of Law in 1990 and was admitted to the Bar in January 1991.
After graduating from law school , Judge Turner worked at Stuckey and Kobrovsky in 1990; he was a sole practitioner from 1991 to 1995, and has been a magistrate from 1992 to present.
As a current judge, Judge Turner omitted questions related to practice, litigation, and appeals during the last five years.
Judge Turner stated that Magistrate Orders are often in different form, but described five significant rulings:
a) Ruled for plaintiff in a negligence action involving a defendant who ran into a fence with her automobile. Although the defendant was willing to fix the fence, she took issue with Judge Turner awarding damages to the plaintiff for two cows who wandered into the road and were killed. Judge Turner ruled that these damages were foreseeable.
b) Ruled for defense in an action by a minister who broke his tooth allegedly while eating at a restaurant. The defendant successfully argued that the plaintiff had not proven that the proximate cause of the injury was from this activity.
c) Ruled for defendant parent when another parent sought damages for a child who had wet her bed. Judge Turner found that the plaintiff had neither alleged nor proven that the bed wetting had been malicious or willful to satisfy the statute.
d) Ruled in favor of a jewelry store who sought to collect a debt from a man who purchased a ring. The man then sued his former fiancee and her friend who purchased the ring subsequently in a pawn shop. Judge Turner dismissed the two women as defendants.
e) Ruled in favor of a man who required his female companion to sign a promissory note each time he gave her money. Judge Turner found that her continuous willingness to sign these notes changed the transaction from a gift to a loan.
The Committee expressed some concern as to the brevity of Judge Turner's experience as a member of the Bar and as a trial lawyer.
(4) Judicial Temperament:
The Joint Committee believes that Judge Turner's temperament would be excellent.
(5) Diligence and Industry:
Judge Turner was punctual and attentive in his dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with his diligence and industry.
Judge Turner is engaged to be married.
(6) Mental and Physical Capabilities:
Judge Turner appears to be mentally and physically capable of performing the duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Turner has managed his financial affairs responsibly.
(8) Public Service:
Judge Turner is a member of the South Carolina Bar.
(9) Ethics:
Judge Turner testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.
Judge Turner testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.
Judge Turner testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.
(10) Miscellaneous:
The South Carolina Bar will issue its report on candidates offering for the Ninth Circuit before the election.
Respectfully submitted,
/s/Rep. F. G. Delleney, Jr., Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Senator Edward E. Saleeby
Rep. Ralph W. Canty
/s/Rep. L. Hunter Limbaugh
/s/Rep. W. Douglas Smith
[2] Rep. Hunter Limbaugh did not vote.
Joint Committee's Finding: Qualified/(Majority)
Unqualified (Minority: Senator Glenn F. McConnell, Senator John R. Russell)
Ms. Reddix-Smalls was screened on May 7, 1996, after a thorough investigation. The Minority Report addresses concerns regarding Integrity and Impartiality.
(1) Integrity and Impartiality:
The Joint Committee's investigation did reveal some evidence that raised questions.
Ms. Reddix-Smalls demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communication, acceptance of gifts and ordinary social hospitality, and recusal.
Previously, at an earlier round of hearings, the Joint Committee was concerned about an incident in which an associate of Ms. Reddix-Smalls' attended the public hearing of another candidate despite admonitions given to each candidate about such activity. Ms. Reddix-Smalls denied any prior knowledge about her associate's plan to attend the public hearing. The Committee felt that Ms. Reddix-Smalls and other candidates should take responsibility for informing the people with whom they discuss their screening of the Committee's rules prohibiting a candidate or anyone associated with a candidate from attending the public hearings prior to that candidate's screening. This occurred less than six months previous, and we believe that there has not been a sufficient passage of time to not hold her responsible for this relative to qualifications for a judgeship.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator John R. Russell
May 14, 1996
The Honorable John G. Felder
S.C. House of Representatives
Post Office Box 346
St. Matthews, S.C. 29135
Dear John:
I hereby name you as a conferee, replacing Rep. Jim Harrison, to H. 3901, Property taxes, delinquent; interest rate. I know that you will serve this committee with great distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
DAVID H. WILKINS
The following was received and referred to the appropriate committee for consideration.
Document No. 1911
Promulgated By Department of Labor, Licensing and Regulation, Board of Pharmacy
99-43. Definitions
Received By Speaker May 10, 1996
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date September 7, 1996
(Subject to Sine Die Revision)
The following was received.
Document No. 1876
Promulgated By South Carolina Law Enforcement Division
Sex Offender Registry
Received By Speaker October 10, 1995
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 8, 1996
Committee Request Withdrawal May 3, 1996
Withdrawn May 9, 1996
The following was received.
Document No. 1912
Promulgated By Department of Labor, Licensing and Regulation, Board of Professional Engineers and Land Surveyors
Continuing Professional Development for License Renewal
Received by Speaker March 19, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 17, 1996
Revised Expiration Date July 18, 1996
Committee Request Withdrawal, 120 Day period tolled May 9, 1996
Withdrawn and Resubmitted May 10, 1996
Revised Review Expiration Date July 18, 1996
The following was received.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1195:
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators McConnell, Courtney and Rankin of the Committee of Free Conference on the part of the Senate on H. 3300:
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Very respectfully,
President
Received as information.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3300:
H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 317, S. 1273 by a vote of 46 to 0.
(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President
The SPEAKER ordered the veto message printed in the Journal.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 321, S. 1350 by a vote of 46 to 0.
(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
Very respectfully,
President
The SPEAKER ordered the veto message printed in the Journal.
The following was received from the Senate.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 949:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. JASKWHICH, GAMBLE and McMAHAND to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3961:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Very respectfully,
President
On motion of Rep. TUCKER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DELLENEY, D. SMITH and FLEMING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3962:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President
On motion of Rep. TUCKER, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DELLENEY, D. SMITH and FLEMING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 5009 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS, AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.
Whereas, the members of the General Assembly have learned with grave concern that an anonymous person is threatening the murder of twelve hundred Jewish executives and physicians in the United States unless Israel withdraws its forces from Lebanon and a twelve billion dollar payment is made to compensate for Lebanese killed in Middle Eastern fighting; and
Whereas, these type actions threaten the efforts led by the United States over the past two decades to bring peace to the Middle East and also threaten the rights of people of all races, faiths, and nationalities to live peacefully without fear of senseless brutality; and
Whereas, Jews throughout the world and in Israel are unfortunately the continued targets of many terrorist groups whose acts of terrorism ultimately say more about their lack of courage and character than they do about the courage and character of their intended victims; and
Whereas, this most recent example of threats to Jewish individuals and groups shows that the capacity of human beings to commit atrocities is not over; and
Whereas, it is the obligation of free people everywhere to speak out against this type of inhuman activity and the citizens of South Carolina should continually rededicate themselves to the principle of equal justice for all people, should remain eternally vigilant against all tyranny, and recognize that bigotry provides a breeding ground for tyranny to flourish; and
Whereas, the members of the General Assembly, by this resolution, express their deep concern about this situation and publicly condemn those who would undertake such brutal and inhumane actions. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby express their deep concern regarding Middle Eastern terrorist threats and demands, and further condemn these types of terrorist actions which undermine the peaceful existence of peoples of all races, faiths, and nationalities throughout the world.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5010 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING ABRAHAM (ABE) THOMY, OUTSTANDING AND WIDELY-RECOGNIZED PHOTOGRAPHER OF PROMINENT SOUTH CAROLINIANS AND OTHERS, FOR HIS MORE THAN FIFTY YEARS OF PORTRAITURE AND SERVICE TO THE CITIZENS OF THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5011 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE SPRINGWOOD LAKE AREA UNITED NEIGHBORS IN RICHLAND COUNTY FOR WINNING THE 1996 NEIGHBORHOOD OF THE YEAR AWARD AND TO EXTEND BEST WISHES TO THIS GROUP FOR MUCH CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5012 -- Rep. R. Smith: A HOUSE RESOLUTION EXPRESSING APPRECIATION TO THE EMPLOYEES OF SOUTH CAROLINA ELECTRIC & GAS COMPANY FOR THEIR SELFLESS EFFORTS AND ASSISTANCE TO GLOVERVILLE ELEMENTARY SCHOOL OF AIKEN COUNTY BY ENSURING THAT LIGHT POLES AND LIGHTS WERE INSTALLED FOR THE SCHOOL'S WALKING TRACK.
The Resolution was adopted.
The following was introduced:
H. 5013 -- Reps. Stuart, Riser, Wright, Koon, Knotts, Spearman and Gamble: A CONCURRENT RESOLUTION CONGRATULATING PELION ELEMENTARY SCHOOL'S KNOWLEDGE MASTER TEAM OF LEXINGTON COUNTY FOR PLACING FIRST IN THE STATE IN THE SPRING OPEN COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1413 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND BROOKLAND-CAYCE HIGH SCHOOL UPON BEING NAMED ONE OF THE BEST HIGH SCHOOLS IN AMERICA BY REDBOOK MAGAZINE IN ITS FIFTH ANNUAL AMERICA'S BEST SCHOOLS PROJECT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5014 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DISTRICT ORGANIZATIONAL PLANS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5015 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL YEAR (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5016 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DAY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1935, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5017 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY CLOSINGS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1936, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5018 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5019 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NONPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5020 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1954, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5022 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ENTRANCE AGE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5023 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL CENSUS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5024 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 453 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-70 SO AS TO PROVIDE THAT ANY SCHOOL DISTRICT OF THIS STATE MAY PURCHASE SCHOOL TEXTBOOKS ALREADY APPROVED BY THE DEPARTMENT OF EDUCATION FOR INSTRUCTIONAL USE IN SCHOOL DIRECTLY FROM AN AVAILABLE SUPPLIER WHEN NEEDED FOR INSTRUCTION BY THE SCHOOL DISTRICT IF THE TEXTBOOKS ARE NOT AVAILABLE FROM THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE DISTRICT SHALL BE REIMBURSED FOR SUCH PURCHASE; BY ADDING SECTION 59-31-75 SO AS TO PROVIDE THAT NO PUBLIC SCHOOL OF THIS STATE MAY OFFER A COURSE TO STUDENTS FOR WHICH ANY TEXTBOOK OR OTHER MATERIAL FOR THE COURSE IS NOT AVAILABLE TO BE USED IN THE COURSE, OR ON ORDER WITH A CONFIRMED DELIVERY DATE OF PRIOR TO THE BEGINNING DATE OF THE COURSE; AND BY ADDING SECTION 59-31-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO REPORT ANNUALLY TO THE STATE SUPERINTENDENT OF EDUCATION THE TEXTBOOKS IT DOES NOT HAVE AVAILABLE FOR STUDENTS DURING THE CURRENT SCHOOL YEAR, THE REASONS FOR THE SHORTAGE, THE CORRECTIVE ACTION ATTEMPTED TO ALLEVIATE THE SHORTAGE, AND THE PROJECTED DOLLAR SHORTAGE FOR NEEDED TEXTBOOKS FOR THE NEXT SCHOOL YEAR, TO REQUIRE THE SUPERINTENDENT OF EDUCATION TO COMPILE AND SUMMARIZE THESE REPORTS AND SUBMIT THEM TO THE GENERAL ASSEMBLY, TO REQUIRE THE GENERAL ASSEMBLY TO FUND THESE TEXTBOOK NEEDS FOR THE NEXT SCHOOL YEAR AS REFLECTED IN THE SUMMARY OF THE SUPERINTENDENT OF EDUCATION BEFORE ANY OTHER APPROPRIATIONS FOR PUBLIC EDUCATION MAY BE MADE, AND TO REQUIRE A TWO-THIRDS VOTE OF EACH HOUSE IF THE FUNDING PROVIDED FOR TEXTBOOKS IS LESS THAN WHAT IS REFLECTED IN THE REPORT OF THE SUPERINTENDENT OF EDUCATION.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Haskins Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Keegan Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Littlejohn Lloyd Loftis Marchbanks McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 14.
Becky Meacham Doug Smith L. Hunter Limbaugh Ralph W. Canty G. Ralph Davenport, Jr. Jerry N. Govan, Jr. John G. Felder Joe E. Brown Joseph T. McElveen, Jr. Douglas Jennings, Jr. Mark S. Kelley
LEAVES OF ABSENCE
The SPEAKER granted Rep. HARRISON a leave of absence for the remainder of the session due to being on assignment in Bosnia with the Army National Guard.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the day.
The SPEAKER granted Rep. KENNEDY a leave of absence for the week.
The SPEAKER granted Rep. HERDKLOTZ a leave of absence for the day.
The SPEAKER granted Rep. MASON a leave of absence for today and tomorrow due to out of town business.
The SPEAKER granted Rep. WITHERSPOON a leave of absence for the week.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 8.
Announcement was made that Dr. Fred McElveen of West Columbia is the Doctor of the Day for the General Assembly.
Rep. WILDER moved to adjourn debate upon the following Bill until Tuesday, May 21, which was adopted.
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
Rep. JASKWHICH explained the Bill.
The following Bill was taken up.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 9, by Reps. SHARPE and WITHERSPOON.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5870HTC.96), which was adopted.
Amend the bill, as and if amended, by striking Section 56-5-1350, as contained in SECTION 1, page 1, and inserting:
/Section 56-5-1350. The Department of Public Safety shall tabulate and may analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of regarding each site where two or more traffic accidents occurred during a year. The Department of Transportation through its Highway Safety Projects Program shall use this information to develop an active program of project oriented improvements to reduce the number and severity of traffic-related accidents. The Department of Transportation may utilize a portion of its annual construction budget for each fiscal year to implement this program and shall furnish a status report of highway safety improvements and other pertinent findings to the Department of Transportation Commission, with an information copy furnished to the Senate Transportation Committee and the House Education and Public Works Committee before each legislative session./
Amend title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10847CM.96), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered sections to read as follows:
SECTION . Section 1-11-310(E) of the 1976 Code, as last amended by Act 449 of 1992 is further amended to read:
"(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies."
SECTION . Section 1-30-90 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:
"Section 1-30-90. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, and Motor Vehicle Records and Vehicle Inspection, and Public Safety.
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles formerly provided for at Section 56-1-10 et. seq. et seq.;
(G) The motor vehicle licensing, registration and titling sections formerly provided for at Section 1-30-95(B)."
SECTION . Section 1-30-95 of the 1976 Code, as added by Act 181 of 1993 is further amended to read:
"Section 1-30-95. Effective on July 1, 1993, the The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue and Taxation to be initially divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.:
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and Public Transportation, formerly provided for at Section 56-1-10, et seq.;
(C)(B) Tax Commission, formerly provided for at Section 12-3-10, et seq."
SECTION . The first sentence of Section 7-13-710 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"When any person presents himself to vote, he shall produce his valid South Carolina driver's license or other form of identification containing a photograph issued by the South Carolina Department of Revenue and Taxation Public Safety, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector."
SECTION . Section 8-11-10 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"Section 8-11-10. The departments of the state government except where seven day per week services are maintained, shall remain open from nine A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law. On Saturdays such departments may close at one P.M. Skeleton forces may be maintained on Saturday and so staggered that each employee shall work not less than one Saturday out of each month; provided, that the offices of the Motor Vehicle Division of the Department of Revenue and Taxation Public Safety shall remain open from eight-thirty A.M. until five P.M. from Monday through Friday, both inclusive, except on holidays fixed by law and these offices need not be kept open on Saturdays, except as may be necessary to carry on essential work."
SECTION . Section 11-35-710(1) of the 1976 Code, as last amended by Section 51, Part II, Act 7 of 1995, is further amended to read:
"(1) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance, and repair; and other emergency type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;"
SECTION . Section 12-4-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-4-10. The South Carolina Department of Revenue and Taxation is created to administer and enforce the revenue laws of this State; license, title and register motor vehicles including the drivers licensing of motor vehicle operators; administer the collection of license and registration fees; administer the licensing laws and regulations relating to alcoholic liquors, beer, and wine and assess penalties for violations thereof; and other laws specifically assigned to it."
SECTION . Section 12-4-15 of the 1976 Code, as added by Act 181 of 1993, is further amended to read:
"Section 12-4-15. (A) The Department of Revenue and Taxation must be divided into such divisions as the commissioner of the department or director may prescribe but shall consist of at least the following principal divisions: tax, motor vehicle titling, registration and licensing and commercial motor vehicle services.
(B) Each division shall be supervised by a deputy director or designee of the Department of Revenue and Taxation."
SECTION . Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(G) The Department of Revenue and Taxation Public Safety and the Division of Aeronautics of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."
SECTION . Items (3), (26), and (29) of Section 12-37-220(B) of the 1976 Code, as last amended by Act 516 of 1994 are further amended to read:
"(3) Two personal motor private passenger vehicles owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Revenue and Taxation Public Safety under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Department of Revenue and Taxation Public Safety.
(26) Two personal motor private passenger vehicles owned or leased by recipients of the Medal of Honor for which special license tags have been issued by the Department of Revenue and Taxation Public Safety under the provisions of Article 16 of Chapter 3 of Title 56.
(29) Two personal motor private passenger vehicles or trucks, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Revenue and Taxation Public Safety in accordance with the provisions of Sections 56-3-1150 and 56-3-1160. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."
SECTION . Section 12-37-2650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must may be delivered by the taxpayer to the Department of Revenue and Taxation Public Safety with the application for the motor vehicle license registration. and the other A copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license registration may be issued by the Department of Public Safety without the receipt being attached to unless the application is accompanied by the receipt, or a copy of the notification required by Section 12-37-2610 but or notice from the the county treasurer may, by other means satisfactory to the department Department of Public Safety, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Registration Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made.
The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Revenue and Taxation Public Safety. Each institution shall certify to the Department of Public Safety that the taxes have been paid, and the Department of Public Safety is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section.
Tax bills (notices) for county assessed personal property valued in accordance with applicable Department of Revenue and Taxation regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."
SECTION . Section 12-37-2660 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2660. The Department of Revenue and Taxation Public Safety shall furnish to the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings must be furnished to the auditor as soon as possible but not later than ninety days before the expiration of the registration. Listings must be in the form of computer tapes or printouts. The department Department of Public Safety shall provide notice to the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing must contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or canceled."
SECTION . Section 12-37-2725 of the 1976 Code, as last amended by Act 516 of 1994, is further amended to read:
"Section 12-37-2725. When the title to a licensed vehicle is transferred, or the owner of the vehicle becomes a legal resident of another state and registers the vehicle in the new state of residence, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Revenue and Taxation Public Safety. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund of or credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Revenue and Taxation Public Safety. Upon receipt, the department Department of Public Safety shall cancel the license plate and registration certificate and may not reissue the same."
SECTION . Section 12-37-2727 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 12-37-2727. The provisions of Section 12-37-2750 further apply to license plates and registration certificates issued and unassigned by the Department of Revenue and Taxation to a motor vehicle between September 4, 1984, and April 29, 1985. In the event an issued and unassigned license plate or registration certificate was lost, destroyed, or delivered to the Department of Revenue and Taxation Public Safety, the owner shall present proof thereof to the county auditor along with the request for cancellation. The auditor, upon receipt of the cancellation request and the license plate, registration certificate, or the proof of loss of the same, must order the refund of the tax. The auditor must forward to the Department of Revenue and Taxation Public Safety the request for cancellation, the license plate and the registration certificate, or the proof of the same being lost, destroyed, or delivered to the department Department of Public Safety. The department Department of Public Safety upon receipt thereof shall cancel the license plate and registration."
SECTION . Section 12-43-220(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(b) All inventories of business establishments shall be taxed on an assessment equal to six percent of the fair market value of such property and all power driven farm machinery and equipment except motor vehicles registered with the South Carolina Department of Revenue and Taxation Public Safety owned by farmers and used on agricultural lands as defined in this article shall be taxed on an assessment equal to five percent of the fair market value of such property; provided, that all other farm machinery and equipment and all livestock and poultry shall be exempt from ad valorem taxes."
SECTION . Section 12-43-300(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) Whenever the market value estimate of any property is fixed by the assessor at a sum greater by one thousand dollars or more than the amount returned by the owner or his agent, or whenever any property is valued and assessed for taxation which has not been returned or assessed previously, the assessor shall, on or before July first, or as soon thereafter as may be practicable, in the year in which the valuation and assessment is made give written notice thereof to the owner of the property or his agent. In reassessment years, the written reassessment notice to owners or agents must be given by July first. If there is no timely written notice, the prior year's assessed value must be the basis for assessment for the current taxable year. The notice must include the prior market value, the total market value estimate, the value estimate if applicable, the assessment ratio, the total new assessment, the percentage changes over the prior market value, if there is no change in use or physical characteristics of the property, number of acres or lots, location of property, tax map, appeal procedure, and other pertinent ownership and legal description data required by the South Carolina Department of Revenue and Taxation. The notice may be served upon the owner or his agent personally or by mailing it to the owner or his agent at his last known place of residence which may be determined from the most recent listing in the applicable telephone directory, Department of Revenue and Taxation Public Safety Motor Vehicle Registration List, county treasurer's records, or official notice from the property owner or his agent. The owner or his agent, if he objects to the valuation and assessment, shall serve written notice of his objection upon the assessor within thirty days of the date of the mailing of the notice. In years when there is no notice of appraisal because of a less than one thousand dollar change or no change in the appraised or assessed value, the owner or agent has until March first to serve written notice of objection upon the assessor of the appraised or assessed value. In those years, failure to serve written notice of objection by March first constitutes a waiver of the owner's right of appeal for that tax year and the assessor is not required to review any request filed after March first. The assessor shall then schedule a conference with the owner or agent within twenty days of receipt of the notice. If the assessor requests it, the owner, within thirty days after the conference, shall complete and return to the assessor the form as may be approved by the Department of Revenue and Taxation relating to the owner's property and the reasons for his objection. Within thirty days after the conference, or as soon thereafter as practicable, the assessor shall mail written notice of his action upon the objection to the owner. The owner or agent, if still aggrieved by the valuation and assessment, may appeal from the action to the Board of Assessment Appeals by giving written notice of the appeal and the grounds thereof to the assessor within thirty days from the date of the mailing of the notice. The assessor shall notify promptly the Board of Assessment Appeals of the appeal."
SECTION . The third paragraph of Section 12-45-70 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Revenue and Taxation Public Safety. Each institution shall certify to the department Department of Public Safety that the taxes have been paid, and the department Department of Public Safety may accept certification in lieu of the tax receipt given to the taxpayer if that certification contains the information required in Section 12-37-2650."
SECTION . The first sentence of Section 12-49-225 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise for sale, the delinquent tax collector shall give twenty days' written notice of the levy to the lienholders contained on the certificate of title held issued by the Department of Revenue and Taxation Public Safety."
SECTION . Section 12-49-271 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"Section 12-49-271. When the delinquent tax collector receives from the county treasurer a list of delinquent taxpayers pursuant to Section 12-49-225 and the list includes mobile or manufactured homes on which to levy, the delinquent tax collector shall forward to the Department of Revenue and Taxation Public Safety a form substantially as set out below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:
'To the Department of Revenue and Taxation Public Safety:
I have been instructed by the county treasurer to levy and sell the following personal property:
Please provide me with the lienholders' names and addresses as shown on the certificate of title:
NAME:
ADDRESS:
DESCRIPTION OF COLLATERAL:
I.D. NUMBER:
LIENHOLDER:
LIENHOLDERS' ADDRESS:' "
SECTION . The second paragraph in Section 12-49-290 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"For liens created before January 1, 1995, the right, interest, and security of a lienholder who has filed his security interest with the Department of Revenue and Taxation and which security interest is shown on the certificate of title must in no way be affected by a tax sale made pursuant to this chapter unless the provisions of Section 12-49-225 are complied with."
SECTION . Section 12-49-310(A) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(A) When a mobile or manufactured home is levied on for taxes by the delinquent tax collector, before proceeding to advertise the home for sale as provided by law, he shall give twenty days' written notice of the levy to the holder of each lien identified on the forms provided to the auditor of the county pursuant to Section 12-49-315 for liens created after December 31, 1994, and to the lienholders contained on the certificate of title held issued by the South Carolina Department of Revenue and Taxation, Division of Motor Vehicles Public Safety, for liens created before January 1, 1995. The notice must contain a description of the home levied on, name of the owner of the home, the year for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs and must be delivered to the lienholder either personally or by certified mail with the return receipt requested to the address obtained by the county pursuant to either Section 12-49-315 or Section 12-49-225."
SECTION . Section 12-49-330 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"Section 12-49-330. For liens created after December 31, 1994, the rights, interest, and security of any lienholder, who has filed his security interest with the Department of Revenue and Taxation, Division of Motor Vehicles, which security interest is shown on the certificate of title, is in no way affected by a tax sale made pursuant to this chapter unless there has been compliance with the provisions of Section 12-49-310."
SECTION . Section 12-54-240(B)(7) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(7) submission of taxpayer names, home addresses, and social security numbers to the State Election Commission and Department of Revenue and Taxation Public Safety to effect the purposes of Section 14-7-130."
SECTION . Section 14-7-130 of the 1976 Code is amended to read:
"Section 14-7-130. In November of every year, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December of every year, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation Public Safety and State Election Commission in implementing this section must be borne by these agencies."
SECTION . Section 15-9-350 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 15-9-350. The acceptance by a nonresident of the rights and privileges conferred by the laws in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways, the streets of any incorporated municipality or the public roads of this State or anywhere within this State, or the operation by such nonresident of a motor vehicle on any such public highways, streets or public roads or anywhere within the State other than as so permitted or regulated shall be deemed equivalent to the appointment by such nonresident of the Director of the Department of Revenue and Taxation Public Safety or of his successor in office to be his true and lawful attorney upon whom may be served all summons or other lawful process in any action or proceeding against him growing out of any accident or collision in which such nonresident may be involved by reason of the operation by him, for him or under his control or direction, express or implied, of a motor vehicle on such public highways, streets or public roads or anywhere within this State. Such acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally."
SECTION . Section 15-9-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 15-9-360. The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee on the public highways in this State, or the operation of such nonresident either personally or through an agent, lessee, or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Director of the Department of Revenue and Taxation Public Safety, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding, or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions in Chapter 31 of Title 12 relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance Acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally or on his executor or administrator. All of the provisions of Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with respect to the service of process or notice pursuant to this section."
SECTION . Section 15-9-370 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 15-9-370. Service of process upon the Director of the Department of Revenue and Taxation Public Safety, as agent of a: (a) nonresident driver under the provisions of Section 15-9-350; (b) resident driver who subsequently becomes a nonresident; (c) nonresident motor carrier under the provisions of Section 15-9-360; or (d) nonresident unregulated motor carriers engaged in transporting persons, hauling farm or dairy products, hauling any other perishable products or haulers of lumber or logs, shall be made by leaving a copy thereof, with a fee of four dollars an appropriate fee, in the hands of the Director of the Department of Revenue and Taxation Public Safety or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Director of the Department of Revenue and Taxation Public Safety to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Director of the Department of Revenue and Taxation Public Safety shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Director of the Department of Revenue and Taxation Public Safety, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."
SECTION . Section 16-17-680(D) of the 1976 Code, as last amended by Act 105 of 1993, is further amended to read:
"(D) For purposes of this section, the only identification acceptable is:
(1) a valid South Carolina driver's license;
(2) South Carolina identification card issued by the Department of Highways and Public Transportation Public Safety;
(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) a valid military identification card."
SECTION . Section 17-5-130(B) and (F) of the 1976 Code, as added by Act 307 of 1994 are amended to read:
"(B) Each person serving as coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council) Department of Public Safety. This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the council department within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.
(F) The South Carolina Law Enforcement Training Council Director of the Department of Public Safety must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation."
SECTION . Section 19-5-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 19-5-30. Photostatic, optical disk, or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the Deputy Director of the Motor Vehicle Records Vehicle Inspection Division of the director of the Department of Public Safety , or his designee, as true copies of originals, on file with the Department of Public Safety, shall be admissible in any proceedings in any court in like manner as the original thereof."
SECTION . Section 20-7-944 of the 1976 Code, as last amended by Act 102 of 1995, is further amended to read:
"Section 20-7-944. In the manner and form prescribed by the division, all All licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including but not limited to:
(1) name;
(2) address of record;
(3) social security number;
(4) employer's name and address;
(5) type of license;
(6) effective date of license or renewal;
(7) expiration date of license;
(8) active or inactive license status.
If the information is in the licensing entity's records. The information must be submitted in the form maintained by the licensing entity, unless otherwise agreed upon by the licensing entity."
SECTION . Section 20-7-945(H) and (L) of the 1976 Code, as added by Section 2, Part VI, Act 102 of 1995, are amended to read:
"(H) Upon notice of the revocation the licensee may appeal the licensing entity's action under the Administrative Procedures Act. However, on appeal the licensee is limited to the issues of whether the licensee is the individual required to pay under the order for support and whether the licensee is out of compliance with the order of support. An appeal from the decision of the licensing entity may be taken as any other appeal from a decision of the licensing entity. Review with the Division under this section is the licensee's sole remedy to prevent revocation of his or her license. The licensee has no right to appeal the revocation with the licensing entity.
(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies. The division will indemnify the applicable licensing entity from any consequences that may result from the revocation of the licensee's license."
SECTION . Section 23-6-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Records and Vehicle Inspection Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, a Division of Public Safety, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Vehicle Inspection Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue and Taxation pursuant to Act Number 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the Department of Public Safety department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
SECTION . Section 23-6-30(3) and (10) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:
"(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all drivers licensing motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;
(10) disperse any grant funds made available to the department for purposes and in the manner provided for in this chapter receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments for the purpose of carrying out the programs and objectives of this chapter; and"
SECTION . Section 23-6-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding a paragraph at the end to read:
"Notwithstanding any other provision of law, all revenue generated by the department from the sale of vehicles, various equipment, less the cost of disposition incurred by the Budget and Control Board Division of Operations, gasoline and insurance claims, during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. Any unexpended balance on June 30 of the prior fiscal year authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year an used for matching committed or unanticipated grant funds, or both."
SECTION . Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-90. The Department may employ, equip, and provide such officers as may be necessary to maintain the security of the Governor's Mansion Compound, and other governmental facilities, including the State Capital Building, the facilities of the Capital Complex and other state buildings. The Director must determine the most efficient and effective method of placing these officers within a law enforcement Division in the Department."
SECTION . Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-145. A commissioned and uniformed officer of the Department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's drivers license, and submit to an inspection of such vehicle and license plates."
SECTION . Section 23-6-300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 23-6-300. There is created a Division of Motor Vehicle Records and Vehicle Inspections Motor Vehicle Division within the department. The division shall be responsible for all of those functions, duties and responsibilities previously exercised by and/or operating under the Motor Vehicle Inspection section, Financial Responsibility section, the Reciprocity Office of the Registration and Reciprocity section, and the Administrative Services section of the Department of Motor Vehicles, including all hearing officers of the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation."
SECTION . The last sentence of Section 23-11-110(A)(5) of the 1976 Code, as last amended by Act 19 of 1993, is further amended to read:
"For purposes of this section, a 'certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50 23-6-400(D)(1)."
SECTION . Section 23-11-110(C) of the 1976 Code is amended to read:
"After December 31, 1988, every Every newly-elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council pursuant to Title 23, Chapter 6 of the 1976 Code, to be conducted by the South Carolina Criminal Justice Academy or an otherwise approved academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."
SECTION . Chapter 25 of Title 23, as last amended by Act
181 of 1993, is further amended to read:
Section 23-25-10. There is hereby established the South Carolina Law-Enforcement Law Enforcement Officers Hall of Fame as a memorial to law-enforcement law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law-enforcement law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Law Enforcement Academy at Columbia.
Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as a division an office of the Department of Public Safety.
(B) To plan, enact, and administer the Hall of Fame, there is hereby There is created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:
(1) the director of the Department of Public Safety, who shall serve as chairman; the Chief of the South Carolina State Law Enforcement Division , who shall serve as chairman;
(2) the Chief of the South Carolina State Law Enforcement Division, who shall serve as chairman;
(2) the commanding officer of the Highway Patrol and the commanding officer of the State Police;
(3) the Director of the Department of Corrections;
(4) the Secretary of the South Carolina Sheriffs' Association;
(5) the Executive Director of the South Carolina Law Enforcement Officers Association;
(6) the President of the South Carolina Police Chiefs Association, or his designee; and
(7) a representative of the Natural Resources Enforcement Division of Natural Resources Police, to be appointed by the Director of the Department of Natural Resources; and.
(8) the Director of the Department of Public Safety.
(C) All members Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.
Section 23-25-30. It shall be the responsibility of the advisory Committee committee created by Section 23-25-20 to plan, erect and maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:
(a) All officers from all agencies in the law-enforcement system shall be eligible for entry into the Hall of Fame.
(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall be entered into the Hall.
(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory Committee committee whether or not such act or acts resulted in death or injury to the officer concerned.
(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory Committee committee.
(e) Suitable plaques inscribed with the names of those selected for the Hall shall be erected.
(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.
(g) Provide tours and related safety and educational programs to the public.
Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall be made by a majority vote of the total membership of the advisory committee.
Meetings of the advisory committee shall be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory committee but shall be allowed the usual mileage, per diem and subsistence provided by law for boards, committees and commissions. The committee is authorized to employ clerical assistance as the director deems necessary to perform its functions as prescribed in this chapter from funds made available as provided in Section 23-23-70."
SECTION . Section 23-28-20(C)(3) of the 1976 Code, as last amended by Act 85 of 1995, is further amended to read:
"(3) Successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who appoints them."
SECTION . The first paragraph of Section 23-28-30 of the 1976 Code is amended to read:
"No reserve shall assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the local law enforcement agency. The sixty hours of training shall be promulgated by the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety, endorsed by the appointing official and shall include, but not be limited to:"
SECTION . The first paragraph of Section 23-28-40 of the 1976 Code is amended to read:
"This training may be provided locally or regionally but shall be subject to approval of the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety. If disapproved, the Training Advisory Council shall designate a representative to confer with the chief to make acceptable program changes. Within reason, and subject to academy schedules, academy staff may assist in the training."
SECTION . The second paragraph of Section 23-28-60 of the 1976 Code is amended to read:
"Identification cards registering a reserve's status may be issued by the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety upon request by the chief and assuring the council that all minimum requirements have been met."
SECTION . Section 23-28-80 of the 1976 Code is amended to read:
"Section 23-28-80. Any reserve who has been in active status for at least two years who desires to become a full-time law enforcement officer may, upon application of his chief to the South Carolina Law Enforcement Training Council and upon and completion of other existing requirements, be accepted at the South Carolina Criminal Justice Academy for such additional hours of training as deemed necessary by the director of the academy."
SECTION . The first sentence of Section 23-28-90 of the 1976 Code is amended to read:
"Any currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, at the request of his chief and with the concurrence of the South Carolina Law Enforcement Training Council Department of Public Safety, be issued a registration card identifying him as a member of the reserve."
SECTION . Section 23-31-140(A) and (F) of the 1976 Code, as amended by Act 181 of 1993, are further amended to read:
"(A) Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or Department of Revenue and Taxation Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card;
(F) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Revenue and Taxation Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card."
SECTION . Section 23-47-20(C)(15) of the 1976 Code, as added by Act 245 of 1991, is further amended to read:
"(15) telecommunication operators or dispatchers trained and certified by the Law Enforcement Training Council (South Carolina Criminal Justice Academy) Criminal Justice Academy Division of the Department of Public Safety. The council Department of Public Safety shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the council department is authorized to establish and collect a fee for this training;"
SECTION . Section 24-3-110 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 24-3-110. The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Revenue and Taxation Public Safety and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Revenue and Taxation Public Safety may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity."
SECTION . Section 31-17-320(B) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(B) Before issuing a license for a mobile home to be located in any county in this State, the licensing agent shall require from the person applying for the license either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the South Carolina Department of Revenue and Taxation Public Safety. Upon satisfaction of all county licensing requirements, including payment of any licensing fee, the county licensing agent shall give the license applicant a certified copy of the application form, indicating that the licensing requirements have been met."
SECTION . Section 31-17-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 31-17-340. A mobile home license issued by the licensing agent shall be valid until title to such mobile home is transferred to a new owner or until the mobile home is relocated. The license shall be evidenced by a decal to be delivered to the owner or his agent on a such form as shall be prescribed by the South Carolina Department of Revenue and Taxation and shall be displayed on the mobile home so as to be clearly and readily visible from the outside. The fee for a mobile home license shall be five dollars. The fee shall be collected by the licensing agent issuing the license and shall be paid into the general fund of the county."
SECTION . Section 31-17-360 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"Section 31-17-360. If the mobile home is to be relocated, the owner, rental agent, or person in possession, prior to relocation, shall obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home and either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year must be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The county treasurer shall collect the taxes before issuing the requisite certificate to the licensing agent, and upon payment of any taxes, give the permit applicant a receipt showing that all taxes have been paid.
The licensing agent shall promptly notify the present electric supplier that a permit has been issued. The permit required by this section is not required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot, but the mobile home dealer is not relieved from obtaining any permit required from the Department of Revenue and Taxation Transportation for the relocation."
SECTION . Section 31-17-380 of the 1976 Code, as amended by Act 506 of 1994, is further amended to read:
"Section 31-17-380. If the relocation is from one county to another, the owner, rental agent, or person in possession of the mobile home, within fifteen days after his mobile home is relocated, shall submit the moving permit to the licensing agent of the county in which the mobile home is relocated and obtain a new license pursuant to Section 31-17-320. The licensing agent issuing the moving permit shall promptly furnish the licensing agent of the county to which the mobile home is being transported with a copy of the certified license application or permit, a copy of the paid tax receipt from the county from which the home is being moved, and either a copy of the certificate of title or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety."
SECTION . Section 31-17-410(A) of the 1976 Code, as amended by Act 506 of 1994, is further amended to read:
"(A) Contemporaneously with the submission of an application for a certificate of title on a mobile or manufactured home as required by Section 56-19-240, the person submitting the application shall provide to the auditor of the county in which a mobile or manufactured home is to be located, a copy of the completed application submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety."
SECTION . Section 36-9-307(4) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"(4) In the case of a purchase of a motor vehicle made pursuant to the provisions of Section 29-15-10, the buyer takes free of a security interest even though perfected, and the Department of Revenue and Taxation Public Safety shall upon request issue a new title free and clear of prior liens and encumbrances."
SECTION . Section 36-9-319 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the Department of Revenue and Taxation Public Safety or the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."
SECTION . Section 38-55-530(A) of the 1976 Code, as amended by an Act of 1996 bearing ratification number 303, is further amended to read:
"(A) 'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation; the Department of Public Safety; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Employment Security Commission; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Environmental Control; the Department of Social Services; the Department of Health and Human Services; the Department of Labor, Licensing, and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity."
SECTION . Section 38-55-570(C) of the 1976 Code, as amended by an act of 1996 bearing ratification number 303, is further amended to read:
"(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, and the Department of Public Safety shall report, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440."
SECTION . Section 38-73-455(A)(2) and (4) of the 1976 Code is amended to read:
"(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety; or
(4) has had one 'chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety; or"
SECTION . Section 38-77-113 of the 1976 Code is amended to read:
"Section 38-77-113. If a driver's license is suspended or revoked because the licensee is determined by the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety to have no motor vehicle liability insurance, the Deputy Director of the Motor Vehicle Division or the Director of the Department of Revenue and Taxation director of the Department of Public Safety or his designee on behalf of the Motor Vehicle Division shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The Deputy Director of the Motor Vehicle Division, or the Director of the Department of Revenue and Taxation or his designee, and shall document his the reasons for waiving the fee in the records of the Department of Revenue and Taxation Public Safety."
SECTION . Section 38-77-340 of the 1976 Code is amended to read:
"Section 38-77-340. Notwithstanding the definition of 'insured' in Section 38-77-30, the insurer and any named insured must, by the terms of a written amendatory endorsement, the form of which has been approved by the director or his designee, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is being operated by a natural person designated by name. The agreement, when signed by the named insured and the person to be excluded, or by someone acting in the excluded person's behalf, is binding upon every insured to whom the policy applies. However, no natural person may be excluded unless (1) his driver's license has been turned in to the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety or (2) an appropriate policy of liability insurance or other security as may be authorized by law has been properly executed in the name of the person to be excluded. The agent of the insurer writing the policy of insurance excluding a named driver shall determine that the necessary driver's license has been delivered to the Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety or that a policy of insurance or security described in item (2) of this section is in effect before submitting the application for exclusion of a named driver.
The Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety shall furnish to the agent an affidavit either stating that the necessary driver's license has been delivered to it or certifying that a policy of insurance or security described in item (2) of this section is in effect."
SECTION . Section 38-77-1120(a) of the 1976 Code is amended to read:
"(a) 'Authorized agency' means:
(1) the South Carolina State Law Enforcement Division, the Division of the State Highway Patrol of the Department of Public Safety, the sheriff's department of any county of this State, and any duly constituted criminal investigative department or agency of another state of the United States;
(2) the Attorney General of this State, any circuit solicitor of this State, any prosecuting attorney for a county, circuit, or district of another state or of the United States;
(3) the South Carolina Department of Insurance, the Division of Motor Vehicles of the Department of Revenue and Taxation, and the South Carolina Department of Consumer Affairs of the Attorney General's Office; and
(4) the United States Department of Justice and its Federal Bureau of Investigation."
SECTION . Section 43-5-620(c) of the 1976 Code is amended to read:
"(c) Upon request of the department, the Motor Vehicles Division of the Department of Revenue and Taxation Public Safety shall provide information as to all vehicles owned by the applicant or recipient."
SECTION . Section 44-43-30 of the 1976 Code is amended to read:
"Section 44-43-30. Whenever any person applies for the issuance, reissuance or renewal of any class of driver's license, the Department of Revenue and Taxation Public Safety is authorized to furnish that person with a form, sufficient under the provisions of the Uniform Anatomical Gift Act (Article 5 of this chapter), for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of such act. If any such person who is legally authorized desires to execute such a gift, the department may provide that person with appropriate assistance and the presence of the legally required number of witnesses."
SECTION . Section 44-43-70(B) of the 1976 Code is amended to read:
"(B) Special efforts must be made to educate and recruit minorities to volunteer as potential bone marrow donors. Dissemination of information and recruitment of bone marrow donors may be accomplished through use of the press, radio, and television, through the placement of educational materials in appropriate health care facilities, blood banks, and state and local agencies, and through any other means of public dissemination. The Medical University of South Carolina and the University of South Carolina in conjunction with the Department of Revenue and Taxation Public Safety shall make educational materials available at all places where drivers' licenses are issued or renewed."
SECTION . Section 56-1-10(4), (12), (13), and (14) of the 1976 Code are amended to read:
"(4) 'Department' means the Department of Revenue and Taxation Department of Public Safety.
(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Safety department of a person"s person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
(13) 'Revocation of driver's license' means the termination by formal action of the Department of Public Safety department of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Public Safety department of a person"s person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated."
SECTION . Section 56-1-40(2) of the 1976 Code is amended to read:
"(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction or whose driver's license or privilege to operate a motor vehicle is subject to being suspended in this State or another jurisdiction as a result of a conviction or another adjudication which authorizes or requires the suspension or revocation of a motor vehicle driver's license under the laws of this State, except as otherwise provided for in this chapter title;"
SECTION . The second and third paragraphs of Section 56-1-80 of the 1976 Code are amended to read:
"Whenever an application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned completed and delivered to the department within thirty days from the date at the time the license or permit is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license or permit until a properly executed form or affidavit is returned to the department."
SECTION . Section 56-1-90 of the 1976 Code is amended to read:
"Section 56-1-90. The department may by rule require every applicant to submit for identification purposes proof of name, Social Security number, and date and place of birth when applying for a driver's license. An applicant for a driver's license, driver's permit, or special identification card or a renewal thereof may sufficiently prove the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any reasonably reliable document containing the Social Security number. Such a document includes, but is not limited to, an official Social Security card, Social Security check, Social Security form SSA-1099, letter from the Social Security Administration, voter registration card, payroll stub, Federal W-2 form, or U.S. military identification card. The numbers may also be obtained from the department Department of Revenue and Taxation pursuant to Section 12-54-240(B)(7) which permits the department Department of Revenue and Taxation to submit taxpayer Social Security numbers to the department and to the State Election Commission.
For purposes of this section, when a licensee is applying for a replacement license, the department must accept an affidavit as evidence that the licensee has established the existence and validity of his Social Security number at the time of the original license application. The driver's license number of a person may be his Social Security number.
This section does not prevent issuance of a driver's license or identification card to a foreign exchange student participating in a valid foreign exchange program."
SECTION . Section 56-1-130 of the 1976 Code is amended to read:
"Section 56-1-130. The Department department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning and directing traffic and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The Department department may require such further physical and mental examination as it deems necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The Department department shall make provisions for giving an examination in the county where the applicant resides. The Department department shall charge a fee of two dollars an appropriate fee for each complete examination or reexamination required in this article.
No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.
A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-four twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690 which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising.
A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-four twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses or oversize or over-weight vehicles. The Department department shall determine from the driving demonstration the number of endorsements to be indicated on the license."
SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-141. The department shall accept a passing grade from a qualified driver's education program from a secondary public or private school as certification that the written and driving portion of the permit and license process have met department standards. The provisions of this section do not supersede the provisions of this title relating to who may receive a permit or driver's license in this State."
SECTION . The first paragraph of Section 56-1-210 of the 1976 Code is amended to read:
"Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes. The department may renew a driver's license of a resident by mail upon payment of the required fee, if the renewal is a digitized license."
SECTION . Section 56-1-270 of the 1976 Code is amended to read:
"Section 56-1-270. The Department of Revenue and Taxation, department having good cause to believe that a person holding a South Carolina driver's license is incompetent or otherwise not qualified to be licensed because of physical or mental disability may, upon written notice of at least ten days to the licensee, require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions permitted under Section 56-1-170. The license of any person may be suspended or revoked if they refuse or neglect to submit to such an examination."
SECTION . Section 56-1-280 of the 1976 Code is amended to read:
"Section 56-1-280. The Department of Public Safety department shall forthwith revoke or suspend the license of any driver upon receiving a record of such driver's conviction of any offense for which revocation or suspension is required by law.
The Department of Public Safety department shall forthwith revoke the driver's license of any person upon receiving notice of the conviction of such person for:
(1) Manslaughter resulting from the operation of a motor vehicle; or
(2) Any felony under the laws of this State in the commission of which a motor vehicle is used.
The Department of Public Safety shall also revoke or suspend a driver's license for any other cause as may be required by other laws of this State."
SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-285. The department may revoke or refuse to renew the driving privilege of a person for failure to remit a tax or fee administered by the department. Upon payment of all taxes and fees administered by the department, and the payment of any applicable fee, the department may reinstate a person's driving privilege."
SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-288. The department may garnish a person's income tax refund instead of revoking a person's driver's license or vehicle registration for failure to satisfy a financial responsibility requirements of Title 56."
SECTION . Section 56-1-290 of the 1976 Code is amended to read:
"Section 56-1-290. In addition to the grounds for suspension or revocation of license set forth elsewhere in this article and in Chapter 5 of this title, the Department of Public Safety department shall forthwith revoke for a period of six months the license of any person upon receiving satisfactory evidence of the conviction of any such person who has been found guilty of operating a vehicle for hire without a license in violation of Section 58-23-1210."
SECTION . Section 56-1-300 of the 1976 Code is amended to read:
"Section 56-1-300. In addition to other authority of law, the Department of Public Safety department may suspend or revoke the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that licensee:
(1) Has been convicted of an offense for which mandatory revocation or suspension is required upon conviction; or
(2) Has been convicted of an offense in another state which if committed in this State would be grounds for suspension or revocation."
SECTION . Section 56-1-310 of the 1976 Code is amended to read:
"Section 56-1-310. The privilege of driving a motor vehicle on the highways of this State given to a nonresident under this article shall be subject to suspension or revocation by the Department of Public Safety department in like manner and for like cause as a driver's license issued under the laws of this State may be suspended or revoked."
SECTION . Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. The Department of Public Safety department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked such restoration of privileges shall also be valid in this State under the same terms and conditions under which driving is authorized in the resident state of the person concerned conviction."
SECTION . Section 56-1-330 of the 1976 Code is amended to read:
"Section 56-1-330. Every court having jurisdiction over offenses committed under this article or other state laws or municipal ordinances regulating the operation of motor vehicles on highways shall forward to the Department of Public Safety department a record of the conviction of any person in such court for a violation of such laws other than regulations governing standing or parking where a matter of safety is not involved."
SECTION . Section 56-1-340 of the 1976 Code is amended to read:
"Section 56-1-340. The Department of Public Safety department may, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. Whenever the Department of Public Safety department receives a request for a driver's record from another state, the record shall be forwarded without charge."
SECTION . Section 56-1-350 of the 1976 Code is amended to read:
"Section 56-1-350. In all cases of cancellation, suspension or revocation of drivers' licenses, the Department of Public Safety department shall notify the licensee as prescribed in Section 56-1-360 that his license has been canceled, suspended or revoked, and such licensee shall within ten days after notice of cancellation, suspension or revocation return his license to the Department of Public Safety or the Department of Revenue and Taxation department. Any person wilfully failing to return his license as required by this section may, on conviction thereof, be fined one hundred dollars or imprisoned for thirty days."
SECTION . Section 56-1-360 of the 1976 Code is amended to read:
"Section 56-1-360. When notice is required concerning a person's driver's license the notice must be given by the Department of Public Safety department by depositing the notice in the United States mail with postage prepaid addressed to the person at the address contained in the driver's license records of the department. The giving of notice by mail is complete ten days after the deposit of the notice. A certificate by the deputy director of the motor vehicle records division of the Department of Public Safety director of the department or his designee that the notice has been sent as required in this section is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee."
SECTION . Section 56-1-365 of the 1976 Code is amended to read:
"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.
The Department of Public Safety department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the Department of Public Safety department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the Department of Public Safety department to process the revocation or suspension of the licenses. If the Department of Public Safety department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the Department of Public Safety department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
The Department of Public Safety department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the Department of Public Safety department within five days, the suspension or revocation does not commence until the Department of Public Safety department receives and processes them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.
If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the Department of Public Safety department shall issue him a certificate on a form prescribed and furnished by the Department of Public Safety which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."
SECTION . Section 56-1-370 of the 1976 Code is amended to read:
"Section 56-1-370. The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Public Safety department, request in writing a review and upon receipt of the request the Department of Public Safety department shall afford him a review in accordance with the State Administrative Procedures Act, in the county judicial circuit where the licensee was arrested unless the Department of Public Safety department and the licensee agree that the review may be held in some other county jurisdiction. The review may be held by a duly authorized agent of the Department of Public Safety department. Upon the review, the department shall either rescind its order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."
SECTION . Section 56-1-380 of the 1976 Code is amended to read:
"Section 56-1-380. The Department of Public Safety department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as otherwise permitted or authorized by law.
Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have such license or privilege renewed or restored unless the revocation was for a cause which has been removed, except that after the expiration of at least one year from the date on which the revoked license was surrendered to and received by the department or the Department of Public Safety, or as may otherwise be provided for by law, such person may make application for a new license as provided by law, but the department shall not then issue a new license unless and until it is satisfied, after investigation of the character, habits and driving ability of such person, that it will be safe to grant the privilege of driving a motor vehicle on the public highways."
SECTION . Section 56-1-390(1) of the 1976 Code is amended to read:
"(1) Whenever the Department of Public Safety department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars. The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."
SECTION . Section 56-1-400 of the 1976 Code is amended to read:
"Section 56-1-400. The Department of Public Safety department, upon suspending or revoking a license, shall require that such license shall be surrendered to the Department of Public Safety or the Department of Revenue and Taxation department. If a license is surrendered to the Department of Revenue and Taxation, the department shall immediately notify the Department of Public Safety that the individual's license has been surrendered. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the department, a new license issued to him. Until the Department of Public Safety notifies the department, the The department shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the Department of Public Safety department, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, that the department, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. After five years from the date of conviction or suspension the driver may apply for a new identical license, and the department shall issue such identical license without any notation of suspension endorsed thereon. But this provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Public Safety department with proof that the fine owed by the person has been paid before the department may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION . Section 56-1-410 of the 1976 Code is amended to read:
"Section 56-1-410. A person denied a license by the Department of Revenue and Taxation or whose license has been canceled, suspended or revoked by the Department of Public Safety department, except when such suspension is under Section 56-1-740 or when such cancellation or revocation is mandatory under the provisions of this article, may file a petition within thirty days thereafter for a hearing in the matter in a court of record in the county wherein such person shall reside. Such court is hereby vested with jurisdiction, and it shall be its duty to set the matter for hearing upon thirty days' written notice to the Director of the Department of Public Safety department and thereupon to take testimony and examine the facts of the case and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this article. For the purpose of this section only, the burden of proof in any such hearing shall be on the Department of Public Safety department."
SECTION . Section 56-1-420 of the 1976 Code is amended to read:
"Section 56-1-420. If any court restrains or enjoins the Department of Public Safety department from enforcing the suspension or revocation of any license and the suspension or revocation is finally determined to have been properly put into effect by the Department of Public Safety department, the time during which the revocation or suspension was made ineffective by the judicial order shall not be considered part of the time during which the suspension or revocation was in effect. It is the purpose of this section to insure that the license shall be suspended or revoked for the full term of such suspension or revocation, if proper in the first place."
SECTION . Section 56-1-460 of the 1976 Code is amended to read:
"Section 56-1-460. A person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be fined two hundred dollars or imprisoned for thirty days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge. The Department of Public Safety department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years."
SECTION . Section 56-1-463 of the 1976 Code is amended to read:
"Section 56-1-463. Section 56-1-460 specifically does not apply if and when the proposed suspension is based solely on lack of notice being given to the Department of Public Safety department when the person has in fact paid any fines or penalties due to the court."
SECTION . Section 56-1-475 of the 1976 Code is amended to read:
"Section 56-1-475. Notwithstanding the provisions of Section 56-1-400 of the 1976 Code, a person whose driver's license has been suspended by the Department of Public Safety department who has moved his residence to another state and has obtained a valid driver's license in such state may lawfully operate a motor vehicle within this State after the expiration of the period of time for which his South Carolina driver's license was suspended."
SECTION . Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-478. The department may enter into reciprocal agreements with other states and political subdivisions for the collection of fines, fees, or other costs which resulted in the revocation of a person's driving privileges of a person applying for a driver's license or renewing a driver's license in this State."
SECTION . Section 56-1-510(4) of the 1976 Code is amended to read:
"(4) to fail or refuse to surrender to the department or the Department of Public Safety upon lawful demand any driver's license which has been suspended, canceled, or revoked;"
SECTION . Section 56-1-540 of the 1976 Code is amended to read:
"Section 56-1-540. The department shall:
(1) File every application for a license received by it and shall maintain suitable indexes containing, in alphabetical order:
(a) all applications denied and on each thereof note of the reasons for such denial;
(b) all applications granted; and
(c) the name of every licensee whose license has been canceled, suspended or revoked by the Department of Public Safety department and after each such name a note of the reasons for such action; and
(2) The Department of Public Safety department shall file all accident reports and abstracts of court records of convictions received by it under the laws of this State and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the department upon application for renewal of license and at other suitable times."
SECTION . Section 56-1-630(4) of the 1976 Code is amended to read:
"(4) 'Licensing authority' for purposes of South Carolina shall mean the Department of Public Safety department."
SECTION . Section 56-1-640 of the 1976 Code is amended to read:
"Section 56-1-640. The licensing authority of a party state department shall report each conviction of a person from another party state occurring within its jurisdiction South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."
SECTION . Section 56-1-650 of the 1976 Code is amended to read:
"Section 56-1-650. (A) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported pursuant to Article 2, Chapter 1, Title 56, as it would if the conduct had occurred in the home state, in the case of convictions for A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any of the following:
(1) manslaughter or homicide resulting from the operation of a motor vehicle as provided by Sections 56-1-280 and 56-5-2910;
(2) driving a motor vehicle while under the influence of alcoholic beverages or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, as provided by Section 56-5-2930;
(3) any felony in the commission of which a motor vehicle is used, as provided by Section 56-1-280;
(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, as provided by Section 56-5-1210.
(B) As to other convictions, reported pursuant to Article 2, Chapter 1, Title 56, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state. If the laws of a member state do not describe the violations listed in subsection (A) in precisely the words used in that subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described. A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.
(C) If the laws of a party state do not provide for offenses described in precisely the words employed in subsection (A) of this section, the party state shall construe the descriptions appearing in subsection (A) of the section as being applicable to those offenses of a substantially similar nature and the laws of the party state shall contain such provisions that are necessary to ensure that full force and effect is given to this article. For a conviction required to be reported under subsection (A), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (A), the provisions of Section 56-1-320 shall govern the effect of the reported conviction in this State. For a conviction that is not required to be reported under subsection (A), notice of the conviction must be received by the department for purposes of suspension or revocation within one year of the date of conviction."
SECTION . Section 56-1-670 of the 1976 Code is amended to read:
"Section 56-1-670. Except as expressly required by provisions of the compact, nothing herein affects the right of any party state the department to apply any of its South Carolina's other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state South Carolina and a nonparty state."
SECTION . Section 56-1-680 of the 1976 Code is amended to read:
"Section 56-1-680. (A) The head of the licensing authority of each party state director or his designee of the department is the administrator of this compact for his state South Carolina. The administrators, acting jointly, have the power to formulate all necessary procedures for the exchange of information under this compact.
(B) The administrator of each party state department shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact."
SECTION . Section 56-1-740 of the 1976 Code is amended to read:
"Section 56-1-740. The Department of Public Safety department may suspend, for not more than six months, the driver's license and privilege of a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, is subject to suspension by the Department of Public Safety department in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.
Periods of suspension of the license or privilege of a person for various accumulation of points must be as follows, with the person having the privilege to request a review of his driving record:
(1) twelve to fifteen points_three months' suspension;
(2) sixteen or seventeen points_four months' suspension;
(3) eighteen or nineteen points_five months' suspension;
(4) twenty points and over_six months' suspension."
SECTION . Section 56-1-746(A) of the 1976 Code is amended to read:
"(A) The Department of Public Safety department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4)(5), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months."
SECTION . Section 56-1-770 of the 1976 Code is amended to read:
"Section 56-1-770. Any driver who has accumulated points under the provisions of this article shall have the number of his points reduced by four upon proving to the satisfaction of the Department of Public Safety department that he has completed the National Safety Council's 'Defensive Driving Course' or its equivalent, if the course is completed after the points have been assessed. The course must be taught by an instructor accredited by the National Safety Council whose procedures for accreditation are set forth in 'Manual of Rules and Procedures' published by the National Safety Council or equivalent accreditation procedures. The Department of Public Safety department shall establish procedures by which driver training schools may apply to the Department of Public Safety department for approval of a defensive driving course which will qualify those successfully completing the course for a reduction in points pursuant to this section. The Department of Public Safety department shall approve the National Safety Council's 'Defensive Driving Course' or its equivalent when offered by driver training schools and taught by an instructor accredited by the National Safety Council or equivalent accreditation procedures. No person's points may be reduced more than one time in any three-year period by the method provided for in this section."
SECTION . Section 56-1-790 of the 1976 Code is amended to read:
"Section 56-1-790. The Department of Public Safety department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State.
Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the Department of Public Safety department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond or conviction had been made in the courts of this State."
SECTION . Sections 56-1-800 of the 1976 Code is amended to read:
"Section 56-1-800. In all proceedings held under the provisions of this article, photostatic, optical disk, or other copies of the reports filed with the Department of Public Safety department, including official reports received from directors of motor vehicle divisions, court officials or other agencies of other states charged with the duty of keeping records of offenses against the traffic laws of such states and reports of courts-martial or United States Commissioners, are deemed to be true copies, when such copies are duly certified by the director of the motor vehicle division or his designee as true copies of the original on file therewith, and as such shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any conviction."
SECTION . Section 56-1-810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-810. Upon the determination by the Department of Public Safety department that a person has accumulated sufficient points to warrant the suspension of his license, the Department of Public Safety department shall notify such licensee in writing, return receipt requested, that his license has been suspended, and such licensee shall return his license to the Department of Public Safety or the Department of Revenue and Taxation department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so."
SECTION . Section 56-1-820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-820. The licensee may, within ten days after notice of suspension, request in writing a review an administrative hearing, and upon receipt of the request the Department of Public Safety department shall afford him a review hearing in accordance with the State Administrative Procedures Act."
SECTION . Section 56-1-850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-850. Nothing contained in this article shall affect the action of the Department of Public Safety department in suspending, revoking or canceling any driver's license when such action is mandatory under the provisions of any law of this State."
SECTION . Section 56-1-1020 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1020. An habitual offender shall mean any person whose record as maintained by the Department of Public Safety department shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) committed during a three-year period; provided, that where more than one included offense shall be committed within a one-day period such multiple offenses shall be treated for the purposes of this article as one offense:
(a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:
(1) Voluntary manslaughter, involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle;
(2) Operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics or drugs;
(3) Driving or operating a motor vehicle in a reckless manner;
(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;
(5) Any offense punishable as a felony under the motor vehicle laws of this State or any felony in the commission of which a motor vehicle is used;
(6) Failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of such accident and report his identity;
(b) Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle, which are required to be reported to the Department of Public Safety department for which four or more points are assigned pursuant to Section 56-1-720 or which are enumerated in subsection (a) of this section.
(c) The offenses included in subsections (a) and (b) shall be deemed to include offenses under any federal law, any law of another state or any municipal or county ordinance of another state substantially conforming to the above provisions.
(d)(1) For the purposes of this article, the term 'conviction' shall mean a final conviction, forfeiture of bail or a plea of guilty or nolo contendere.
(2)(d) For purposes of determining the number of convictions for separate and distinct offenses committed during any three year period, a person shall be deemed to be convicted of an offense on the date the offense was committed if he is subsequently convicted of committing such offense as 'conviction' is defined in item (1) of this subsection.
The provisions of this article shall not apply to convictions which occurred prior to June 14, 1973."
SECTION . Section 56-1-1030 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1030. When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Public Safety department must review its records for that person. If the Department of Public Safety's department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the Department of Public Safety department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below.
If after appropriate proceedings, the Department of Public Safety department finds the person to be an habitual offender, the Department of Public Safety department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the Department of Public Safety or the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."
SECTION . Section 56-1-1090 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the Department of Public Safety department that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition and for good cause shown, the Department of Public Safety department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the Department of Public Safety department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after one year has expired from the date of the decision of the Department of Public Safety department finding the person to be an habitual offender. At this time and after hearing, the Department of Public Safety department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the Department of Public Safety department. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the Department of Public Safety department. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."
SECTION . Section 56-1-1100 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 56-1-1100. It is unlawful for a person to operate a motor vehicle in this State while the decision of the Department of Public Safety prohibiting the operation remains in effect. A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the Department of Public Safety department prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years.
For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the Department of Public Safety department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the Department of Public Safety department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."
SECTION . Section 56-1-1130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1130. Commencing January 1, 1974 the department of Public Safety The department shall send a written notice to any person who it determines is in danger of becoming an habitual offender."
SECTION . Section 56-1-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the Director of the Department of Public Safety department or his designee."
SECTION . Section 56-1-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enter an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services and be assessed to determine the extent and nature of an alcohol and drug abuse problem, if any, and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of the services which must be determined by the administering agency and approved by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The commission shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly. If the applicant fails to complete successfully the services as directed by the Department of Public Safety department, the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall notify the Department of Public Safety department, and the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full periods specified in Section 56-5-2990, the suspension to begin on date of notification to the individual."
SECTION . Section 56-1-1340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1340. The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in the records of the Department of Public Safety department for a period of ten years as required by Sections 56-5-2940 and 56-5-2990 of the 1976 Code."
SECTION . Section 56-1-1730 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1730. A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit. The Department of Public Safety department may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or canceled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or canceled."
SECTION . Section 56-1-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the department or Department of Public Safety or any police officer of the State."
SECTION . Section 56-1-2050(A)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other state, other than a parking violation, shall notify the Department of Public Safety department in the manner specified by the Department of Public Safety department within thirty days of conviction."
SECTION . Section 56-1-2100(C) and (E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) Before issuing a commercial driver license, the department must obtain a driving record from the Department of Public Safety through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.
(E) A commercial driver license issued by the department expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued."
SECTION . Section 56-1-2110(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(G) After suspending, revoking, or canceling a commercial driver license, the Department of Public Safety department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the Department of Public Safety department shall notify the licensing authority of the state which issued the commercial driver license or commercial driver instruction permit within ten days."
SECTION . Section 56-1-2130(D) and (E) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:
"(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more, the law enforcement officer shall submit a report to the Department of Public Safety department certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent or more.
(E) Upon receipt of the report of a law enforcement officer submitted under subsection (D), the Department of Public Safety department shall notify the department that the driver is disqualified disqualify the driver from driving a commercial motor vehicle under Section 56-1-2110."
SECTION . Section 56-1-2140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-2140. Within ten days after receiving a report of the conviction of a nonresident holder of a commercial driver license for a violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the Department of Public Safety department shall notify the driver licensing authority in the licensing state of the conviction."
SECTION . Section 56-1-3350 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 56-1-3350. Upon application by any person ten years of age or older who is a resident of South Carolina, the Motor Vehicle Division of the Department of Revenue and Taxation department shall issue a special identification card as long as:
(1) the application is made on a form approved and furnished by the division department; and
(2) the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the division department of his name and date of birth.
The fee for the issuance of the special identification card is five dollars, and the identification card expires five years from the date of issuance. The renewal fee is also five dollars. Issuance and renewal fees are waived for indigent persons who are mentally ill, mentally retarded, homeless, or who are on public assistance as the sole source of income. As used in this section 'indigent' means a person who is qualified for legal assistance which is paid for with public funds. For purposes of this section, a homeless person is an individual who lacks a fixed and regular nighttime residence or an individual who has a primary nighttime residence that is:
(a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including congregated shelters, and transitional housing;
(b) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(c) a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.
The term does not include any individual imprisoned or otherwise detained pursuant to an act of Congress. Annually, the director of a facility which provides care or shelter to homeless persons must certify this fact to the Department of Revenue and Taxation department. The department must maintain a list of facilities which are approved by the department, and only letters from the directors of these approved facilities are considered to comply with the provisions of this section. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the Department of Revenue and Taxation department from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The signature of the director must be notarized and the date of the letter may not be older than thirty days. The department may promulgate regulations to implement the provisions of this section.
Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one."
SECTION . Title 56 of the 1976 Code is amended by adding a new chapter to read:
Section 56-2-2740. (A) The department must refuse to renew the driver's license and motor vehicle registration of a person who has not paid property taxes within the time limits prescribed in this article. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this article. Notification of individuals violating this article must be forwarded to department in the time and manner determined by the department for the proper administration of this section.
(B) The Department of Public Safety shall issue to the county treasurer or county tax collector biennial license plates and revalidation decals. The county treasurer or county tax collector shall give a motor vehicle owner a license plate or revalidation decal for the tax year to which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed twelve months."
SECTION . Section 56-3-240(4) of the 1976 Code is amended to read:
"(4) In addition to the information required by item (2), whenever the application is for a motor vehicle which has been transferred from a previous registrant to the applicant, the applicant will complete the odometer disclosure statement on the application which shall be in compliance with federal guidelines and as prescribed by the department. read:
'I certify that the odometer reading is
miles/kilometers (indicate one) Check one only:
To the best of my knowledge, the odometer reading stated reflects the actual cumulative distance traveled by the vehicle described herein.
The odometer reading stated is in excess of 99,999.
The odometer reading stated does not reflect the actual cumulative distance traveled.
Under the terms of the Federal Motor Vehicle Information and Cost Savings Act and applicable state law, incorrect information may result in civil liability and civil or criminal penalties.'"
SECTION . Section 56-3-360 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-360. The Department of Public Safety department may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to Section 56-19-810 or Section 56-19-820."
SECTION . Section 56-3-376 of the 1976 Code, as last amended by Section 55E, Part II, Act 497 of 1994, is further amended to read:
"Section 56-3-376. All vehicles except those vehicles designated in Section 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the annual biennial registration fee is one-hundred sixty dollars or more. The department may register and license a vehicle for which the biennial registration fee is one-hundred sixty dollars or more (a) for an annual or one-year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or (b) for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of one-fourth of the specified biennial fee. The license and registration fee for vehicles in this classification which are registered for the remaining twenty-three months or less of the twenty-four-month license years ending on March thirty-first or the remaining eleven months of the twelve-month license year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified biennial fee for the remainder of the two-year or one-year or one-half year based on one-twenty-fourth of the specified twenty-four-month fee for each month or part of a month remaining in the registration and license period or year or one-half year. Annual or one-year Biennial registrations and licenses expire at midnight on the last day of the twelfth twenty-fourth month for the period for which they were issued. Semiannual or half-year registrations and licenses for the first period from April first to September thirtieth expire at midnight of the sixth month for the period for which they were issued on September thirtieth of the same year and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors having a load capacity of not more than one ton with an empty or unloaded weight of over four five thousand pounds or less, and trucks, truck tractors, or road tractors with a load capacity of not more than two tons and with an empty or unloaded weight of over four thousand pounds or gross vehicle weight of eight thousand pounds or less also must be placed in this classification but may not be registered for less than a full biennial period.
Classification (2). Other vehicles. All other vehicles except those vehicles described in Section 56-3-375 and classification (1) of this section are assigned a staggered biennial registration which begins on December first of each year and expires on November thirtieth of the second year except those vehicles defined in Section 56-3-700 whose registration begins on April first of each year and expires on March thirty-first of the second year the last day of the month for the period for which they were issued.
Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."
SECTION . Section 56-3-620 of the 1976 Code, as last amended by Act 417 of 1994, is further amended to read:
"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger-carrying passenger motor vehicle is twenty dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger-carrying passenger motor vehicle is twenty-four dollars.
(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty dollars.
(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger-carrying passenger motor vehicle is twenty-two dollars."
SECTION . Section 56-3-630 of the 1976 Code is amended to read:
"Section 56-3-630. The Department shall classify as a passenger-carrying private passenger motor vehicle every motor vehicle, trailer, semitrailer and every such vehicle, except a motorcycle or motor-driven cycle, which is designed, used and maintained for the transportation of ten or fewer persons but not operated for the transportation of persons for compensation, except such vehicles which are used exclusively for transporting persons to and from schools, Sunday schools, churches and religious services of any kind or to or from picnics or specially prearranged excursions and trucks having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less."
SECTION . Section 56-3-660(C) of the 1976 Code, as last amended by Section 22J, Part II, Act 164 of 1993, is further amended to read:
"(C) Notwithstanding other provisions of this chapter, the department may enter into agreement with other states in a registration and license reciprocal agreement known as the international registration plan and the registration and license required in this section may be apportioned for vehicles which qualify and are licensed in accordance with the provisions of the plan. The funds must be deposited in the state highway fund as established in Section 57-11-20 and expended for the law enforcement activities of the department and other purposes provided by law."
SECTION . Section 56-3-665 of the 1976 Code is amended to read:
"Section 56-3-665. After September 30, 1984, the Department The department shall require evidence of the payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1954 prior to issuing vehicle registration and plate for those vehicles to which the taxes are required."
SECTION . Section 56-3-670(C) of the 1976 Code, as last amended by Section 22K, Part II, Act 164 of 1993, is further amended to read:
"(C) A person who certifies to the department that he is a bona fide farmer, is issued a farm license plate for the purpose as defined in this section, and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both."
SECTION . Section 56-3-710 of the 1976 Code, as last amended by Section 22M, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-710. For every house trailer the biennial fee is twelve dollars. The department shall classify as a 'house trailer' every trailer or semitrailer which is designed, constructed, and equipped as a dwelling, living abode, or sleeping place, permanently or temporarily, and is equipped for use as a conveyance on streets or highways or a trailer or semitrailer of similar nature whose chassis and exterior shell is designed and constructed for use permanently or temporarily for advertising, sales, display, or promotion of merchandise or services or for another commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier. The department may not license and register a house trailer which exceeds the permissible size limitations prescribed in Sections 56-5-4030, 56-5-4060, and 56-5-4070, but the house trailers permitted to be moved over the highways by the department under special permits issued pursuant to Sections 56-5-4170 to 56-5-4200 57-3-130 to 57-3-190 shall pay to the department Department of Transportation a fee of five dollars a trip."
SECTION . Section 56-3-720 of the 1976 Code, as last amended by Section 22N, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-720. For every camper or travel trailer the biennial registration fee is ten dollars. The department must include in this classification every trailer not more than thirty-five feet long and eight feet wide primarily equipped, designed, converted, or used for private living quarters by one or more individuals and towed by a motor vehicle. The department shall design a distinctive tag which must be displayed on the exterior of the rear of the trailer in a conspicuous place."
SECTION . Section 56-3-780(A) of the 1976 Code, as last amended by Section 22S, Part II, Act 164 of 1993, is further amended to read:
"(A) Permanent license plates must be issued by the department for all motor vehicles operated by the State or its political subdivisions except as provided in Section 56-3-1710. The license fee, including registration, is two dollars. Permanent plates must bear the words 'South Carolina', the number, and a prefix 'SG', 'RG', 'CG', or 'MG' to designate respectively state government, regional government, county government, or municipal government."
SECTION . Section 56-3-1010(1) of the 1976 Code, as last amended by Act 322 of 1994, is further amended to read:
"(1) 'Fleet' means two hundred or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article."
SECTION . Section 56-3-1020 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1020. A corporation or other legal entity may register its fleet on an annual basis so that the registration of all passenger vehicles in the fleet expires in the same month instead of staggered vehicle registration. The month of expiration must be approved by the department. The department may issue special license plates and registration cards for fleet motor vehicles upon application on a form issued in a manner determined by the department. The application must be approved if it contains the information necessary for qualification as a fleet motor vehicle, provide provides a list of all vehicles to be included in the fleet, and upon includes payment of a filing fee of one hundred dollars. The filing fee is in addition to the registration fees required by this chapter. The department may authorize select fleet operators to issue special license plates and registration cards for their own fleet vehicles."
SECTION . Section 56-3-1040 of the 1976 Code, as added by Section 90, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1040. The fee for private passenger carrying motor vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-620. The fee for property-carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-660. A vehicle added to the fleet during the registration year must be registered in accordance with the provisions of this article. The fee for licensing and registration may be prorated as prescribed by the department."
SECTION . Section 56-3-1110 of the 1976 Code, as amended by Act 485 of 1992, is further amended to read:
"Section 56-3-1110. A wartime disabled veteran who is entitled to compensation for the loss, or loss of use of one or both legs or arms, or the permanent impairment of vision in both eyes to a degree as to constitute virtual blindness and is also entitled to a special monthly statutory award by reason thereof or any South Carolina veteran classified as totally and permanently disabled due to service-connected disabilities as determined from medical records on file with the Veterans Administration may make application for registration and license of his owned or leased personal private passenger motor vehicle or truck not exceeding three-quarter ton to the department without accompanying such application with the usual fee for registration and license of a vehicle of similar type. The department shall issue such license plates upon the receipt of such application made under oath and in such form as may be required. A veteran who is issued a license plate under the provisions of this section shall not be required to reapply so long as he owns or leases the vehicle for which the plate is issued and a surviving spouse of such a veteran is also eligible to obtain such plate so long as the surviving spouse does not remarry."
SECTION . Section 56-3-1150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1150. A member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State may make application for registration and licensing of his personal private passenger motor vehicle or truck, not exceeding three-quarter ton, to the department without paying the usual fee for registration and licensing of a vehicle of similar type. The department shall issue the license plate or the revalidation sticker upon receipt of the application made under oath and in a form required by the department. The provisions of this section do not apply if the former POW applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010. The department may issue or transfer a special POW motor vehicle license plate to a vehicle owned or leased by a former POW or his surviving spouse. A former POW who is issued a license plate under the provisions of this section or surviving spouse is not required to reapply so long as the former POW or surviving spouse owns the vehicle for which the plate is issued. The plate shall bear the words 'South Carolina', the number, and prefix 'POW'.
The surviving spouse of a former POW after notice to the department may retain the plate and is entitled to all the privileges of the POW for the lifetime or until remarriage of the surviving spouse."
SECTION . Section 56-3-1320 of the 1976 Code is amended to read:
"Section 56-3-1320. The Department department shall charge a fee of six dollars for every license plate or revalidation sticker issued as a replacement except those vehicles whose fees are prescribed by Section 56-3-660. If a special personalized plate is replaced by a license plate for which the initial registration fee is set by Section 56-3-620, the Department shall charge a fee of six dollars. If the a special personalized plate is replaced by a new special personalized plate, the Department department shall charge a fee in the same amount as the original fee. The Department shall require proof of the payment of taxes when issuing a replacement plate or replacement revalidation sticker. A fee of one dollar must be charged for postage and handling if the replacement plate or sticker is to be mailed to the owner. The Department department may not charge a fee for every a duplicate registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every other type duplicate registration card issued by the Department department."
SECTION . Section 56-3-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1330. The Department of Public Safety (department) department may suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document issued by the department as authorized under this chapter in any of the following events when the:
(1) department determines to its satisfaction that such registration and license, registration card, license plate, revalidation sticker, or other document was fraudulently or erroneously issued;
(2) department determines to its satisfaction that a registered and licensed vehicle is mechanically unsafe or unfit to be operated or moved upon a highway;
(3) vehicle registered and licensed has been dismantled or wrecked;
(4) department determines that the required fee has not been paid and is not paid upon reasonable notice and demand;
(5) registration card, license plate, revalidation sticker, or other document is knowingly displayed upon a vehicle other than the one for which it was issued;
(6) department determines to its satisfaction that the owner has committed any offense under this chapter involving such registration card, license plate, revalidation sticker, or other document;
(7) department is so authorized under any other provisions of law.
The Circuit Courts of this State shall have jurisdiction to review actions of the department that suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document, when petitioned by a resident of this State. The decision of the court shall be binding upon the department or Department of Revenue and Taxation and the petitioner."
SECTION . Section 56-3-1510 of the 1976 Code, as amended by Section 22V, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1510. The department may issue special motor vehicle license plates to persons who hold unrevoked and unexpired amateur radio licenses of a renewable nature issued by the Federal Communications Commission for private passenger motor vehicles registered in the same name. The biennial fee for the special license plates is two dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one set of the special plates may be issued to a person."
SECTION . Section 56-3-1520 of the 1976 Code, as last amended by Section 22W, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1520. Applications for special license plates, as authorized under this article, must be made on forms provided by the department, contain proof satisfactory to the department that the applicant holds an unrevoked and unexpired amateur radio license, and state the call letters assigned to the applicant. Applications must be filed with the department by July first for the ensuing licensing period."
SECTION . Section 56-3-1530 of the 1976 Code, as last amended by Section 22X, part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1530. The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the official amateur radio call letters of the persons assigned by the Federal Communications Commission. The special plates are for biennial periods November first to October thirty-first which expire twenty-four months from the month it is issued."
SECTION . Section 56-3-1610 of the 1976 Code, as last amended by Section 22Y, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1610. The department may issue special motor vehicle license plates to emergency medical technicians for private passenger motor vehicles registered in the name of the technicians. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one special plate may be issued to a person."
SECTION . Section 56-3-1620 of the 1976 Code is amended to read:
"Section 56-3-1620. Applications for special license plates, as authorized under this article, shall be made on forms provided by the Department and shall contain proof satisfactory to the Department that the applicant has been trained as an emergency medical technician by a hospital which conducts classes in emergency medical procedures and technology. Applications must be filed with the Department by July first for the ensuing licensing year."
SECTION . Section 56-3-1630 of the 1976 Code, as last amended by Section 22Z, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-1630. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted the letters 'EMT' and numbers the department may determine. The special plates are for biennial periods November first to October thirty-first which expire twenty-four months from the month it is issued."
SECTION . Section 56-3-1710 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1710. The department shall design and supply, at an appropriate fee, a special license plate, or supplemental plate or attachment, for use on all publicly owned motor vehicles operated by any department or institution of the State of South Carolina, or any of its political subdivisions. It shall be unlawful for any such publicly owned vehicle to be operated in the State of South Carolina that does not carry such official emblem, or marker, or plates. Provided, however, that this provision shall not apply to the automobile supplied for the Governor's personal use, automobiles supplied to law enforcement officers, when in the opinion of the chief of the South Carolina Law Enforcement Division or the director of the department it is advisable that such automobiles not be so marked, nor to automobiles supplied to statewide elective other state officials."
SECTION . Section 56-3-1750 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1750. The department may issue a special motor vehicle license plate to active members of the United States Air Force Reserve, United States Army Reserve, United States Coast Guard Reserve, United States Marine Corps Reserve, or United States Navy Reserve who are residents of the State for a private passenger motor vehicle registered in their respective names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020. Only one plate may be issued to a person."
SECTION . Section 56-3-1810 of the 1976 Code is amended to read:
"Section 56-3-1810. The number of plates that may be issued to members of the National Guard by the Department shall equal the number of private passenger motor vehicles registered in such person's name in this State; provided, however, that the total number of such plates issued to any one person shall not exceed three. The Department shall issue such plates for a particular private passenger motor vehicle registered in that person's name and such plates may only be transferred to another vehicle upon compliance with the provisions of Section 56-3-1830."
SECTION . Section 56-3-1850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1850. The department shall provide, upon proper application being made, a distinctive permanent license plate to any resident of the State who is a recipient of the Medal of Honor, for use on a private passenger motor vehicle registered or leased in the recipient's name. There is no fee for the license plate but no recipient may receive a plate for more than one vehicle."
SECTION . Section 56-3-1971 of the 1976 Code, as last amended by Section 36Q, Part II, Act 497 of 1994, is further amended to read:
"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 Department and approved by the Attorney General within thirty days of submission by the department."
SECTION . Section 56-3-1972 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:
"Section 56-3-1972. For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the Department of Public Safety department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the Department of Public Safety department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number."
SECTION . Section 56-3-1973 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1973. The Department of Public Safety department shall have the uniform parking violations ticket printed. The department may authorize a law enforcement agency to automate the issuance of uniform parking violation tickets. Law enforcement and security agencies shall order tickets from the Department of Public Safety department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the Department of Public Safety record's department's record copy must be forwarded to the Department of Public Safety department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and forwarding the results of the inventory on a form prescribed by the Department of Public Safety department to the Department of Public Safety department within ten days of the completion of the inventory."
SECTION . Section 56-3-1974 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-1974. A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy or Department of Public Safety record's department's record copy or audit copy of a ticket.
If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the Department of Public Safety record's department's record or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.
The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served."
SECTION . Section 56-3-2010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2010. (A) The department shall provide, upon proper application being made, special personalized motor vehicle license plates to the owner of a private passenger motor vehicle, trucks having a rated capacity of not more than five thousand pounds empty weight or not more than eight thousand pounds gross vehicle weight, and motorcycles. The personalized plates must be of the design and bear the letters and numerals the department prescribes. However, there may be no duplication of registration plates, except South Carolina members of the United States Congress or members of the South Carolina General Assembly may purchase a maximum of the original and two duplicate registration plates. The department, in its discretion, may refuse the issue of letter combinations which may carry connotations offensive to good taste and decency and may not assign to a person not holding the relevant office letters or numerals denoting the holder to have a public office.
(B) Private passenger motor vehicles and trucks meeting the specifications in subsection (A) must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle expires November thirtieth two years after issuance. Every personalized license plate issued to members of the General Assembly and members of licensed state commissions and boards expires January thirty-first each year in which a new session of the General Assembly begins. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed."
SECTION . Section 56-3-2030 of the 1976 Code is amended to read:
"Section 56-3-2030. The department shall promulgate regulations for the application for and issuance of personalized license plates. Special personalized license plates means any plates bearing any combination of letters or numerals, or both, other than that which the department determines normally would be issued sequentially to an applicant for original or renewal vehicle registration.
Special personalized license plates Plates may not be issued to any applicant whose operator's or chauffeur's license has been suspended or revoked within two years from the date of application or to any applicant whose driving record indicates a disregard of traffic violations or unsafe driving practices within two years from the date of application."
SECTION . Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor vehicle license plates to members of municipal and county councils and to county coroners of this State for private passenger motor vehicles registered in their names owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period."
SECTION . Section 56-3-2320(B) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(B) For purposes of this section, the testing or demonstration of a heavy duty truck with a GVW of 16,000 pounds or over as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not 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 the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer."
SECTION . Section 56-3-2340 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-2340. The Department of Revenue and Taxation department or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment of fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."
SECTION . Section 56-3-2380 of the 1976 Code is amended to read:
"Section 56-3-2380. The Department department may deny the application of any person for registration under this article and may suspend or revoke a registration or refuse to issue a renewal thereof if it is determined that the applicant or registrant has:
(a) Made a material misrepresentation in his application;
(b) Used or permitted the use of plates contrary to law;
(c) Been found guilty of fraud or fraudulent practices;
(d) Failed to comply with any of the regulations of the Department department for the enforcement of this article.
The Department may promulgate regulations for the proper administration of this article."
SECTION . Section 56-3-2810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2810. The department shall issue special motor vehicle license plates to 'volunteer firemen' who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names. For the purposes of this article 'volunteer firemen' means members of organized units providing fire protection without compensation being paid to the members of the units for the service provided and whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of the special license plate as determined by the department must be paid biennially by the requesting volunteer fireman, and only one license plate may be issued to a volunteer fireman. The plate must be issued upon application in a manner and upon forms prescribed by the department and upon approval of the application by the department."
SECTION . Section 56-3-3310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."
SECTION . Section 56-3-3710 of the 1976 Code is amended to read:
"Section 56-3-3710. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying passenger motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names special motor vehicle license plates which may have imprinted on the plate them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is based on the total number of special license plates sold and on the number sold for the respective school as follows:
(1) one thousand or less total special license plates sold: fifty-two dollars to the department and eighteen dollars to the school for each special license plate sold for the respective school;
(2) more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and twenty-eight dollars to the school for each special license plate sold for the respective school;
(3) two thousand or more total special license plates sold: thirty dollars to the department and forty dollars to the school for each special license plate sold for the respective school.
(C) The department shall receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school."
SECTION . Section 56-3-3910 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-3910. The department may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988 for use by owners on their private passenger motor vehicles. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated biennially for two years beginning December first and ending November thirtieth twenty-four months later. License number 'one' for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County."
SECTION . Section 56-3-3950 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-3950. The Department of Revenue and Taxation department may issue a special commemorative 'Keep South Carolina Beautiful' motor vehicle license plate for use by owners on their private passenger motor vehicles to establish a special fund to be used by the Department of Transportation for the purposes of beautifying the state's roads and highways. The Department of Transportation, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The biennial fee for the commemorative license plate is fifty-four dollars, and of this amount twenty-four dollars must be placed in a special 'Keep South Carolina Beautiful Fund' established within and administered by the Department of Transportation. This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'Keep South Carolina Beautiful'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION . Section 56-3-4310(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) The department shall issue a special motor vehicle license plate for use on a private passenger motor vehicle owned by to any retired member of the United States Armed Forces who is a resident of this State in accordance with the provisions of this section."
SECTION . Section 56-3-4510 of the 1976 Code, as last amended by Act 115 of 1995, is further amended to read:
"Section 56-3-4510. The department shall issue a special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the 'Nongame Wildlife and Natural Areas Fund' provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'South Carolina Protects Endangered Species'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued."
SECTION . Section 56-3-4710(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) The Department of Revenue and Taxation department may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in the member's name owned by the member."
SECTION . Section 56-3-4910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-4910. (A) The department shall issue special motor vehicle license plates to active and retired South Carolina firefighters who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names owned by them. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the words 'SOUTH CAROLINA FIREFIGHTER' together with a fire service emblem and with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) The fees collected pursuant to this section must be deposited in a separate fund for the South Carolina Fire Academy. The fund must be administered by the Budget and Control Board Division of State Fire Marshal and must be used only to train in-state public firefighters, paid and volunteer, to comply with state and federal mandated training standards. Funds collected must be deposited with the State Treasurer. The distribution of the funds is based on the total number of special license plates sold as follows:
(1) one thousand or less total special license plates sold: twenty-six dollars to the department and nine dollars to the academy for each special license plate sold;
(2) more than one thousand and less than two thousand total special license plates sold: twenty-one dollars to the department and fourteen dollars to the academy for each special license plate sold;
(3) two thousand or more total special license plates sold: fifteen dollars to the department and twenty dollars to the academy for each special license plate sold.
(C) The department must receive one hundred or more applications requesting a special license plate for the South Carolina Firefighters before a specialized license plate may be developed."
SECTION . Section 56-3-5910 of the 1976 Code is amended to read:
"Section 56-3-5910. An owner of a private passenger motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:
(1) was a member of the United States Armed Forces on December 7, 1941;
(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and
(3) received an honorable discharge from the United States Armed Forces."
SECTION . Section 56-3-5930(A) of the 1976 Code is amended to read:
"(A) An applicant owner must be issued a Pearl Harbor survivor license plate for his private passenger motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars."
SECTION . Section 56-5-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-60. The envelope in which a notice required by law to be mailed by the department or the Department of Public Safety is mailed, other than by registered or certified mail, must have printed on it in bold letters 'Please Forward'."
SECTION . Section 56-5-750 of the 1976 Code, as last amended by Act 65 of 1995, is further amended to read:
"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
(B) A person who violates the provisions of subsection (A):
(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The department must suspend the person's driver's license for at least 30 days may be suspended for a period not to exceed one year; or
(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. Notwithstanding any other provision of law, the The person's driver's license must be suspended revoked by the department for a period of one year from the date of the conviction.
(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or
(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.
(D) The department must suspend revoke the driver's license of any person who is convicted, pleads guilty, or nolo contendere pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.
(E) 'Conviction' means any conviction, guilty plea, or plea of nolo contendere.
(F) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.
(G)(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."
SECTION . Section 56-5-765 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety department, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(B) When a motor vehicle or motorcycle of the Department of Public Safety department is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.
(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."
SECTION . Section 56-5-1270 of the 1976 Code is amended to read:
"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of four hundred one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the Department department, the proof and report to be in a manner prescribed by the Department department. The completed and verified form must be returned by the operator or owner to the Department department within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.
Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, shall must forward a written report of the accident to the Department including the names of interviewed participants and witnesses. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury the injury must be indicated on the report."
SECTION . Section 56-5-1350 of the 1976 Code is amended to read:
"Section 56-5-1350. The Department shall department must tabulate and may analyze all accident reports as required in Section 56-5-1270 and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents."
SECTION . Section 56-5-2585 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-2585. Disabled veterans shall be exempt from the payment of municipal parking meter fees when their vehicles bear a disabled veteran's license plate issued by the Department of Revenue and Taxation department."
SECTION . Section 56-5-2980 of the 1976 Code is amended to read:
"Section 56-5-2980. In all trials and proceedings in any court of this State, wherein in which the defendant is charged with violation of Section 56-5-2920 or 56-5-2930, which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the motor vehicle division of the Department department pursuant to Section 56-5-2970 of this State, when such copies are duly certified by the director of the motor vehicle division department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction, plea of guilty or nolo contendere or forfeiture of bond of or by the defendant in any other court. But, the accused may stipulate with the solicitor that the charge constitutes a second or further offense, in which event the indictment shall not contain allegations of prior offenses, nor shall evidence of such prior offenses be introduced."
SECTION . Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-2990. The department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation department to operate a motor vehicle.
Any person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment or both must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department or the Department of Revenue and Taxation."
SECTION . Section 56-5-3750(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A) A person who sells, solicits, or advertises the sale of mopeds clearly and conspicuously shall label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. The seller also shall attach a metal identification plate to each moped without pedals identifying the vehicle as a moped. This plate must be designed by the Department of Revenue and Taxation department and must display information the department considers necessary for enforcement purposes. The plate must be displayed permanently on each moped without pedals and must not be removed. A seller of mopeds who fails to label a moped, fails to attach a metal identification plate to a moped without pedals, knowingly labels a motorcycle or motor-driven cycle as a moped, or attaches a metal identification plate to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."
SECTION . Section 56-5-4035 of the 1976 Code is amended to read:
"Section 56-5-4035. The Department of Transportation may, under such terms and conditions as it may deem to be in the public interest for safety on the highways and in addition to any other permits required by Title 56, issue annual permits for vehicles transporting culvert pipe on public highways. No permit shall be issued for loads exceeding a width of one hundred six inches, exclusive of safety devices approved by the Department department. The fee for each permit shall be fifteen dollars for each vehicle hauling such loads. The Department may promulgate regulations to carry out the provisions of this section.
Any person violating the provisions of this section or any regulation promulgated by authority hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION . Section 56-5-4070(B) of the 1976 Code, as last amended by Act 511 of 1994, is further amended to read:
"(B) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles approved by the Department of Public Safety department."
SECTION . That portion of the first paragraph preceding item (a) of Section 56-5-4075 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:
"The Department of Public Safety, department and the Department of Transportation, and the Department of Revenue and Taxation may promulgate regulations as necessary to implement the provisions of this article. Regulations may be promulgated to make designations as are necessary to provide for those vehicles which operate on the National System of Interstate and Defense Highways and "other qualifying highways" pursuant to Sections 56-5-4030 and 56-5-4070 reasonable access to:"
SECTION . Section 56-5-4095 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-4095. An official of the Department of Revenue and Taxation Department of Transportation designated by the director, in his discretion, upon application in writing and good cause being shown, may issue to a vehicle a permit in writing authorizing the applicant to operate or move upon the state's public highways a motor vehicle and loads for transporting not more than two modular housing units or sectional housing units if the total length of the vehicle, including the load, does not exceed the length presently authorized by law and regulation for the transporting of mobile homes. No permit may be issued to any vehicle whose operation upon the public highways of this State threatens the safety of others or threatens to unduly damage a highway or any of its appurtenances."
SECTION . Section 56-5-4140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1)(a) The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway other than the Interstate System, shall not exceed:
(a)(1) Single-unit vehicle with two axles 35,000 lbs.
(b)(2) Single-unit vehicle with three axles 46,000 lbs.
(c)(3) Single-unit vehicle with four or more axles 63,000 lbs.
must meet the axle spacing requirements and corresponding maximum overall gross weights in accordance with the table in (b) plus tolerances.
(d)(4) Combination of vehicles with three axles 50,000 lbs.
(e)(5) Combination of vehicles with four axles 65,000 lbs.
(f)(6) Combination of vehicles with five or more axles 73,280 lbs.
The gross weight imposed upon the any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle. The gross weight imposed upon the highway by all axles of a single-unit vehicle with four or more axles shall not exceed the following:
Distance between the
extremes of the front Maximum
and rear axles measured Gross
to the nearest foot Weight
At least 12 feet 50,000
At least 13 feet 50,000
At least 14 feet 51,500
At least 15 feet 52,000
At least 16 feet 52,500
At least 17 feet 53,500
At least 18 feet 54,000
At least 19 feet 54,500
At least 20 feet 55,500
At least 21 feet 56,000
At least 22 feet 56,500
At least 23 feet 57,500
At least 24 feet 58,000
At least 25 feet 58,500
At least 26 feet 59,500
At least 27 feet 60,000
At least 28 feet 60,500
At least 29 feet 61,500
At least 30 feet 62,000
At least 31 feet 62,500
At least 32 feet 63,500
(2)(a) Except as permitted in (b) of this subitem, the maximum permissible gross weight which may be imposed upon any highway or section of highway in the Interstate System is prescribed by this section. The overall maximum gross weight of a vehicle or combination of vehicles may not exceed:
(1) Single-unit vehicle with two axles 35,000 lbs
(2) Single-unit vehicle with three axles 46,000 lbs
(3) Single-unit vehicle with four or more axles 63,500 lbs
(4) Combination of vehicles with three axles 50,000 lbs
(5) Combination of vehicles with four axles 65,000 lbs
(6) Combination of vehicles with five or more axles 73,280 lbs
The overall maximum gross weight of single unit vehicles with four or more axles may not exceed the following:
Distance between the
extremes of the front Maximum
and rear axles measured Gross
to the nearest foot Weight
At least 12 feet 50,000
At least 13 feet 50,500
At least 14 feet 51,500
At least 15 feet 52,000
At least 16 feet 52,500
At least 17 feet 53,500
At least 18 feet 54,000
At least 19 feet 54,500
At least 20 feet 55,500
At least 21 feet 56,000
At least 22 feet 56,500
At least 23 feet 57,500
At least 24 feet 58,000
At least 25 feet 58,500
At least 26 feet 59,500
At least 27 feet 60,000
At least 28 feet 60,500
At least 29 feet 61,500
At least 30 feet 62,000
At least 31 feet 62,500
At least 32 feet 63,500
The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this subsection section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).
(b) Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:
The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the Department of Revenue and Taxation, department exceed an overall gross weight produced by the application of the following formula:
W=500 (LN/N-1 + 12N + 36)
In the formula W equals overall gross weight on any group of two or more consecutive axles to be nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in the group under consideration.
As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 pounds if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. Additionally, the gross weight imposed upon the highway by any one axle of a vehicle may not exceed 20,000 pounds, and the gross weight imposed upon the highway by any group of two or more axles spaced not less than forty nor more than ninety-six inches apart (tandem axle) may not exceed 34,000 pounds, and the overall maximum gross weight except for those vehicles which have been issued special permits by the Department of Revenue and Taxation, may not exceed 80,000 pounds. The formula is expressed by the following table:
Distance in feet
between the extremes Maximum load in pounds
of any group of 2 or carried on any group of 2
more consecutive axles or more consecutive axles
2 3 4 5 6 7
axles axles axles axles axles axles
4 34,000
35,200
5 34,000
35,200
6 34,000
35,200
7 34,000
35,200
8 and less 34,000 34,000
35,200 35,000
more than 8 38,000 42,000
8 34,000 34,000
35,200 35,200
9 39,000 43,000
10 40,000 43,500
11 44,500
12 45,000 50,000
13 46,000 50,500
14 46,500 51,500
15 47,500 52,000
16 48,000 52,500 58,000
17 49,000 53,500 58,500
18 49,500 54,000 59,500
19 50,500 54,500 60,000
20 51,000 55,500 60,500 66,000
21 52,000 56,000 61,000 66,500
22 52,500 56,500 62,000 67,000
23 53,500 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 55,000 58,500 63,500 69,000 74,500
26 55,500 59,500 64,500 69,500 75,000
27 56,500 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 58,000 61,500 66,000 71,500 77,000
30 58,500 62,000 67,000 72,000 77,500
31 59,500 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,500 74,500 80,000
35 65,500 70,000 75,000
36 68,000 70,500 75,500
37 68,000 71,000 76,000
38 68,000 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,500 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 77,000
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,500
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
Enforcement tolerances allowed in Section 56-5-4160 do not apply to vehicles with an overall gross weight in excess of 75,185 pounds.
(c) Until September 1, 1988, there is a moratorium on enforcement of the 34,000 pound tandem axle limit for vehicles operating on the Interstate System in South Carolina within a gross weight of 75,185 and 80,000 pounds to the extent that the vehicles may carry up to 35,200 pounds on a tandem axle or on each tandem axle within a series of tandem axles. As of September 1, 1988, the moratorium on enforcement referred to in this paragraph shall lapse.
Until September 1, 1988, the federal bridge formula may not be enforced so as to reduce the 35,200 pound tandem axle limit permitted pursuant to paragraph 1 of this item (c) of subsection (2).
Until September 1, 1988, for the five categories of carriers set forth in this paragraph which are operating within a gross vehicle weight of 75,185 and 80,000 pounds on Interstate Highways within South Carolina, there is a moratorium on enforcement of inner bridge measurements under the federal bridge formula. The five categories of carriers are:
(a) five axle vehicles or combinations of vehicles designed solely for transportation of liquids or tankers designed for bulk hauling;
(b) five axle dump trucks with a tandem axle configuration;
(c) five axle vehicles engaged in the transportation of construction materials;
(d) vehicles transporting raw or unprocessed agricultural or forest products;
(e) any intermodal ocean containers. This moratorium shall lapse on September 1, 1988.
After September 1, 1988, both the 34,000 pound tandem axle limit and the federal bridge formula established by 23 U.S.C. Section 127 must be enforced in their entirety for all vehicles operating on Interstate Highways within South Carolina within a gross vehicle weight of 75,185 and 80,000 pounds. Any moratorium on enforcement granted by this stipulation shall lapse as of September 1, 1988.
(3)(2) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling and boring rigs, are not required to conform to the axle spacing requirements of this section but. However, the vehicle is limited to a weight of twenty-five twenty thousand pounds per for each axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.
(b) Concrete mixing trucks which operate within a fifteen miles mile radius of their home base and well-drilling and boring rigs which operate seventy-five miles of their home base are not required to conform to the requirements of this section but. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed seventy sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.
(c) Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."
SECTION . Section 56-5-4150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-4150. The Department of Revenue and Taxation department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The Department of Revenue and Taxation department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the Department of Revenue and Taxation department or in excess of the limitations set forth in this chapter. A person making application for a 'farm truck' license shall declare in the form prescribed by the Department of Revenue and Taxation department the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds.
A private motor truck or truck tractor of more than twenty-six thousand pounds gross weight and a for-hire motor truck or truck tractor must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions do not apply to two-axle straight trucks hauling raw farm and forestry products. A truck operating pursuant to the federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required."
SECTION . The first undesignated paragraph of Section 56-5-4160(E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the state general fund account established in this section. The department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities, to hire additional other funded troopers or officers, to purchase equipment, and to procure other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly."
SECTION . Section 56-5-4192 of the 1976 Code, ad added by Act 439 of 1994, is further amended to read:
"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 5 3, Title 56 57 shall authorize the movement of a mobile home on the highways of this State on a Saturday."
SECTION . Section 56-5-4720 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-4720. Notwithstanding the provisions of Section 56-5-4700, any department Department of Transportation vehicle may use oscillating, rotating or flashing red lights during any emergency. The department Department of Transportation personnel shall determine when an emergency exists."
SECTION . Section 56-5-4880(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(b) The Department of Revenue and Taxation department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it determines that the braking system thereon does not comply with the provisions of this section."
SECTION . Section 56-5-5010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-5010. No person shall sell any new motor vehicle nor shall any new motor vehicle be registered unless such vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses. But in respect to trucks, including truck tractors, the requirements as to safety glass shall apply to all glass used in doors, windows and windshields in the drivers' compartments of such vehicles.
The Department of Revenue and Taxation department shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glass and the Department of Revenue and Taxation department may thereafter suspend the registration of any motor vehicle so subject to this section which it finds is not so equipped until it is made to conform to the requirements of this section."
SECTION . Section 56-5-5670(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the certificate of title or auction sales receipt or disposal authority certificate. The Department of Revenue and Taxation department shall issue such forms, rules and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate."
SECTION . Section 56-5-5810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-5810. For the purposes of this article:
(a) 'Officer' means any state, county or municipal law enforcement officer, including county and municipal sanitation officers.
(b) 'Motor vehicle' means every device by which a person or property may be transported or drawn upon a highway by mechanical means.
(c)(b) 'Abandoned vehicle' means a motor vehicle required to be registered in this state if operated on a public highway in this state that is inoperable or is left unattended on a highway for more than forty-eight hours, on public property for more than seventy-two hours, or a motor vehicle that has remained illegally on private or other public property for a period of more than seven days without the consent of the owner or person in control of the property.
(d)(c) 'Derelict vehicle' means a motor vehicle required to be registered in this state if operated on a public highway in this State:
(1) whose certificate of registration has expired and the registered and legal owner no longer resides at the address listed on the last certificate of registration on record with the Department of Revenue and Taxation, department or
(2) whose motor or other major parts have been removed so as either to render the motor vehicle inoperable and incapable of passing inspection as required under existing standards; or the operation of which would violate Section 56-5-4410 or
(3) whose manufacturer's serial plates, motor vehicle identification numbers, license number plates and any other means of identification have been removed so as to nullify efforts to locate or identify the registered and legal owner; or
(4) whose registered and legal owner of record disclaims ownership or releases his rights thereto; or
(5) which is more than seven eight years old and does not bear a current license registration as required by the Department of Revenue and Taxation.
(e)(d) 'Demolisher' means any person, firm or corporation whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle such a motor vehicle.
(f)(e) 'Director' means the Director of the Department of Revenue and Taxation.
(g) 'Department' means the Department of Public Safety.
(h) 'Colored tag' means any type of notice affixed to an abandoned or derelict motor vehicle advising the owner or the person in possession that it has been declared an abandoned or derelict motor vehicle and will be treated as such. The tag shall be of sufficient size to be easily discernable and shall contain such information as the director department deems necessary to carry out the provisions of this article.
(f) 'Demolisher' means any person whose business is to convert a vehicle into processed scrap or scrap metal for recycling purposes or otherwise to wreck or dismantle vehicles.
(i) 'Vehicle recycling' means the process whereby discarded motor vehicles are collected and then processed by shredding, bailing or shearing to produce processed scrap iron and steel.
(j)(g) 'Salvage yard' means a business or a person who holds a license issued by the Department of Revenue and Taxation State required of all retailers, possesses ten or more derelict motor vehicles, and regularly engages in buying and or selling used motor vehicle parts and owns the necessary equipment to transport wrecked and derelict motor vehicles."
SECTION . The 1976 Code is amended by adding:
"Section 56-5-5820. Abandoned and derelict vehicles constitute a hazard to the health and welfare of the people in the State in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. It is therefore in the public interest that the present accumulation of abandoned and derelict vehicles be eliminated and that the future abandonment of such vehicles be prevented."
SECTION . Section 56-5-5840 of the 1976 Code is amended to read:
"Section 56-5-5840. All abandoned and derelict motor vehicles shall be subject to removal from public or private property and disposed of in accordance with the provisions of this article; provided, that all abandoned motor vehicles left on any right-of-way of any road, street or highway for a period of over forty-eight hours shall be removed and disposed of as provided for in Sections 56-5-5610 to 56-5-5680."
SECTION . Section 56-5-5850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-5850. (a) When any motor vehicle is derelict or abandoned left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, the director shall cause an officer may place a colored tag to be placed on the motor vehicle which shall be notice to the owner, the person in possession of the motor vehicle or any lien holder that it is may be considered to be derelict or abandoned and is subject to forfeiture to the State.
(b) If the motor vehicle is determined to be valued at less than one hundred dollars, the tag shall so state and shall serve as the only legal notice that unless the motor vehicle is removed within seven days from the date of the tag, it shall become property of the State, shall be removed and sold for recycling purposes and all proceeds derived from the sale shall be deposited into the state general fund established for the purpose of administering the provisions of this article.
(c) If the value of the motor vehicle is determined to be more than one hundred dollars, the The colored tag shall so state and shall serve as the only legal notice that, if the vehicle is not removed within:
(1) forty-eight hours if located on a highway, or
(2) seven days if located on other public or private property from the date of the tag, that it will be removed to a designated place to be sold. After the motor vehicle is removed, the director political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the motor vehicle was last registered at the last address reflected in the department's records and to any lienholder of record., by registered or certified mail, return receipt requested, Notification shall include that the motor vehicle is being held, designating the place where it is being held and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the director political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the state general fund established for the purposes of administering the provisions of this article of the political subdivision.
(d)(c) If the value of the motor vehicle is determined to be more than one hundred dollars and if the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lien holders, notice by one publication in a newspaper of general circulation in the area where the motor vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of motor vehicles. Twenty days after date of publication the an advertised motor vehicle may be sold. The proceeds of such sale shall be deposited in the state general fund established for the purpose of administering the provisions of this article.
(e)(d) Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model and serial number of the abandoned motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.
(f)(e) All officers defined in this article may appraise or determine the value of derelict or abandoned motor vehicles for the purposes of this article. The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."
SECTION . Section 56-5-5870 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-5-5870. The director department, or any county or municipality may contract with any federal, other state, county or municipal authority or private enterprise for tagging, collection, storage, transportation or any other services necessary to prepare derelict or abandoned motor vehicles for recycling or other methods of disposal. Publicly owned properties, when available, shall be provided as temporary collecting areas for the motor vehicles defined herein. The director may sell derelict or abandoned motor vehicles or if he deems it more advisable, may contract with private enterprises for the purchase of such motor vehicles for recycling."
SECTION . Section 56-5-5880 of the 1976 Code is amended to read:
"Section 56-5-5880. All officers, agents and employees of the Department and employees or and agents of any person under contract with the Department department, county or municipality, are authorized to go on public or private property for the purposes of enforcing this article. No agent or employee of any Federal, State, county or municipal government or other political subdivision, no person or occupant of the premises from which any derelict or abandoned motor vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such motor vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provisions of this article unless such person is guilty of willfulness, wantoness wantonness or recklessness."
SECTION . Section 56-5-5890 of the 1976 Code is amended to read:
"Section 56-5-5890. In removing the abandoned and derelict cars vehicles, the enforcing agency will do so without willfully harming or damaging the property on which said junk car or cars the vehicles are situate located."
SECTION . Section 56-5-5900 of the 1976 Code is amended to read:
"Section 56-5-5900. No lienholder shall be subject to any penalty imposed by law in this State for abandonment unless the motor vehicle is abandoned by the lienholder or his agent or servant. No owner of a motor vehicle which has been stolen and thereafter abandoned, as defined by this article, shall be liable for any charges or penalties imposed herein. A motor vehicle shall be deemed to be stolen when the owner notifies a police law enforcement officer of this State or another state and such report is accepted and carried on the records of the sheriff, chief of police or department agency receiving the report as a stolen motor vehicle."
SECTION . Section 56-5-5910 of the 1976 Code is amended to read:
"Section 56-5-5910. It shall be unlawful for any person to tamper with, remove or destroy any colored tag placed on any motor vehicle in compliance with this article and any person found guilty of this provision shall, upon conviction, be subject to a fine not exceeding one five hundred dollars."
SECTION . Section 56-5-5920 of the 1976 Code is amended to read:
"Section 56-5-5920. The provisions of this article shall not apply to motor vehicles housed or protected from the elements, those classified as antiques and registered pursuant to Sections 56-3-2210 and 56-3-2220, those exempted from registration pursuant to Section 56-3-120, those motor vehicles reported as stolen in accordance with Section 56-5-5900, unless any such motor vehicle presents some an immediate safety or health hazard or constitutes a nuisance."
SECTION . Section 56-5-5940 of the 1976 Code is amended to read:
"Section 56-5-5940. (a) Seizure, sale or disposal of an abandoned or derelict motor vehicle in a manner inconsistent with the provisions of this article shall constitute conversion for which the owner shall have redress in any court of competent jurisdiction.
(b) Any person or unit of government upon whose property or in whose possession is found an abandoned or derelict vehicle may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is located to implement the procedures outlined in this article, and the sheriff or chief of police shall tag the vehicle and dispose of the vehicle pursuant to this chapter."
SECTION . The 1976 Code is amended by adding:
"Section 56-5-5945. (a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a vehicle, the demolisher shall surrender for cancellation the certificate of title or sales receipt issued under Section 56-5-5850.
(b) A demolisher shall keep an accurate and complete record of all vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each vehicle was purchased or received and the date when such purchases or receipts occurred. The records shall be open for inspection by any law enforcement officer at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies."
SECTION . Section 56-5-5950 of the 1976 Code is amended to read:
"Section 56-5-5950. After July 1, 1974, any A person who abandons a motor vehicle either on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than one five hundred dollars, and shall pay all costs of having such abandoned motor vehicle removed, stored and sold as provided for in Section 56-5-5850. All such motor vehicles shall be removed and disposed of in accordance with Sections 56-5-5850 and 56-5-5860."
SECTION . Section 56-5-6230 of the 1976 Code is amended to read:
"Section 56-5-6230. Any magistrate's court, municipal court, or other court of competent jurisdiction must notify the South Carolina Department of Highways and Public Transportation department when any person charged with a traffic violation in such court upon conviction or other plea has paid the fine therefor, or forfeited the bond previously posted."
SECTION . The last two paragraphs in Section 56-7-10 of the 1976 Code, as last amended by Act 181 of 1993 are further amended to read:
"No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may automate the issuance of a uniform ticket if approved by the department.
For purposes of this chapter 'department' means Department of Public Safety."
SECTION . Section 56-7-12(A) and (C) of the 1976 Code, as added by Act 181 of 1993, are amended to read:
"(A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must may be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation department.
(C) The director of the motor vehicle division or his designee of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director or his designee shall document his reasons for waiving the fees or fines in the records of the department."
SECTION . Section 56-9-330 of the 1976 Code is amended to read:
"(1) The department, upon request, and the payment of a fee of two dollars shall furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract must also fully designate the motor vehicles, if any, registered in the name of that person, and, if there is no record of any conviction of that person for violating any laws relating to the operation of a motor vehicle or of any injury or damage caused by that person, the department shall so certify. The department, upon request and the payment of a reasonable fee, shall furnish a monthly listing by magnetic or other electronic media of all driver's license numbers that had driving violations posted on their records during the previous month. These abstracts are not admissible as evidence in any action for damages or criminal proceedings arising out of motor vehicle accidents.
(2) The Department shall upon request and the payment of a fee of three dollars furnish any person a copy of a vehicle accident report."
SECTION . The 1976 Code is amended by adding:
"Section 56-9-505. An individual whose driver's license or motor vehicle registration has been suspended for failure to pay property taxes may request that the department waive the financial responsibility requirements provided for in Chapter 9 of Title 56, upon providing proof to the department that such taxes have been paid."
SECTION . Section 56-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the Director of the Department of Revenue and Taxation department unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."
SECTION . Section 56-10-20 of the 1976 Code, as last amended by Act 181, is further amended to read:
"Section 56-10-20. The security required under this chapter is a policy or policies written by insurers authorized to write such policies in South Carolina providing for at least (1) the minimum coverages specified in Sections 38-77-140 through 38-77-230 and (2) the benefits required under Sections 38-77-240, 38-77-250, and 38-77-260. However, the Director of the Department of Public Safety director or his designee may approve and accept another form of security in lieu of such a liability insurance policy if he finds that such other form of security is adequate to provide and does in fact provide the benefits required by this chapter."
SECTION . Section 56-10-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the Director of the Department of Public Safety director or his designee in lieu of such insurance shall immediately notify the Director of the Department of Public Safety department of the lapse or termination of any such insurance or security issued to or provided for a resident of this State in the following circumstances:
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
This notification must be in writing or magnetic media in a manner considered satisfactory to the department. Upon receipt of any such notice the Director of the Department of Public Safety department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."
SECTION . Section 56-10-45 of the 1976 Code, as last amended by Act 181 is further amended to read:
"Section 56-10-45. (A) For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the Department of Public Safety may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the director from funds of the Department of Public Safety which are to be used for this purpose. The Department of Public Safety may enter into agreements with other municipal and county law enforcement agencies for the collection of suspended or revoked drivers licenses, motor vehicle registrations, and motor vehicle plates. The department must assess a fifty dollar fine for each item recovered pursuant to this Section in addition to any other fines assessed. Upon collection, this fine must be returned on a quarterly basis to the general fund of the municipality or county which initiated the enforcement action.
(B) Notwithstanding the provisions of subsection (A), local law enforcement agencies including sheriffs and municipal law enforcement agencies are authorized to confiscate motor vehicle registration certificates and plates where the security required by this chapter has lapsed. All motor vehicle registration certificates, and motor vehicle plates, and drivers licenses confiscated or seized pursuant to this section must be returned to the department within fifteen days.
(C) The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates and registration, must be paid to the governing body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The Executive Director of the Department of Highways and Public Transportation director or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."
SECTION . Section 56-10-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-10-220. Every person applying for registration for a motor vehicle shall at the time of such registration and licensing declare the vehicle to be an insured motor vehicle under the penalty set forth in Section 56-10-260 and shall execute and furnish to the Department of Revenue and Taxation department his certificate that such motor vehicle is an insured motor vehicle and that he will maintain insurance thereon during the registration period. The certificate must be in the form prescribed by the department. The department may require any registered owner or any applicant for registration and licensing of a motor vehicle declared to be an insured motor vehicle to submit a certificate of insurance executed by an authorized agent or representative of an insurance company authorized to do business in this State. Such certificate must also be in a form prescribed by the department."
SECTION . Section 56-10-240 of the 1976 Code, as last amended by Act 181, is further amended to read:
"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew under the following circumstances:
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
(B) The Department of Revenue and Taxation department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the Department of Revenue and Taxation department, and the suspension is voided immediately. The Department of Revenue and Taxation department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue and Taxation office in the county where the person who surrenders the plates resides.
(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only be charged a reinstatement fee of five dollars.
(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.
(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION . Section 56-10-290 of the 1976 Code is amended to read:
"Section 56-10-290. The administration and enforcement of this article must be by the Department of Public Transportation department, and law enforcement officers generally shall also enforce this article within their respective jurisdictions."
SECTION . Title 56 of the 1976 Code is amended by adding:
Section 56-11-10. When used in this chapter, the term 'motor carrier' means every person who operates or causes to be operated on any highways in this State road tractors, truck tractors, trucks having more than two axles, or passenger vehicles designed to seat more than twenty occupants. For the purposes of this section, the federal government, the State, counties, municipalities, churches, and any agents of them, and special mobile equipment as defined in item (11) of Section 56-3-20, must not be deemed 'motor carriers.'
Section 56-11-20. The department shall enforce this chapter with respect to the possession of correct registration and display of the proper identification marker. Notwithstanding other provisions of this chapter, the department may enter into an agreement with other states in a registration and identification marker reciprocal agreement known as the International Fuel Tax Agreement (IFTA). Qualified vehicles operating in accordance with this agreement are not required to purchase other fuel markers in member states.
Section 56-11-30. For the purposes of administration and enforcement of this chapter, the provisions of Title 12, wherever applicable, are adopted and made a part of this chapter.
Section 56-11-40. The department and its agents and representatives have the right at any reasonable time to examine the books and records of any motor carrier.
Section 56-11-50. When any person is discovered in this State operating a vehicle in violation of any of the provisions of this chapter, it is unlawful for anyone thereafter to operate the vehicle on the streets or highways in this State except to remove it from the street or highway for the purpose of parking or storing it unless and until a bond in the amount of five hundred dollars is furnished to the department in such form and with such surety or sureties or otherwise as it may prescribe, conditioned upon a proper registration card and identification marker being applied for within ten days and conditioned upon the payment of any taxes, penalties, or interest found to be due pursuant to this chapter.
Section 56-11-60. In lieu of all other penalties and interest provided by law, penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement.
Section 56-11-210. No motor carrier shall operate or cause to be operated in South Carolina any vehicle described in Section 56-11-10 until the motor carrier has secured from the department a registration card and an identification marker for each vehicle.
Section 56-11-220. (A) A motor carrier having infrequent trips into and through the State may obtain a temporary permit good for one motor vehicle for ten consecutive days beginning and ending on the dates specified on the face of the permit. No reports are required of motor carriers only using temporary permits. Temporary permits may be issued in lieu of biennial registration required under this chapter and highway use taxes incurred during this period. The temporary permit must be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The department may issue a temporary permit by facsimile message, letter, or telegram.
(B) The department may engage a person to issue the temporary permits if he receives the permits from the department. No person may issue the permits unless the permits are available to the public on a twenty-four hour basis.
(C) The department shall promulgate the regulations necessary for the proper administration of this section.
Section 56-11-230. The department shall prepare forms for use in making applications for registration cards and identification markers in accordance with this chapter, and the applicant shall furnish all the information required by such forms before a registration card or identification marker is issued.
Section 56-11-240. The registration card and the identification marker must be of such form as the department may prescribe. Each identification marker shall bear a number which must be the same as the number appearing on the registration card for the same vehicle.
Section 56-11-250. A motor carrier operating motor vehicles in this State shall apply to the department biennially for a registration card and identification marker for each power unit it operates in this State. A person violating this section, upon conviction, must be punished as provided in Section 56-17-10.
Section 56-11-260. The registration cards and markers provided for must be issued for the period beginning April first each biennium and are valid until March thirty-first of the biennium. All identification markers remain the property of the State.
Section 56-11-270. The registration card must be carried in the vehicle for which it was issued at all times when the vehicle is in this State. The identification marker must be attached or affixed to the vehicle in the place and manner prescribed by the department so that it is clearly displayed at all times, and it shall at all times be kept clearly legible.
Section 56-11-280. In addition to the penalties herein provided, the department may for good cause suspend or revoke any registration card or identification marker issued pursuant to this chapter.
Section 56-11-290. A person who operates or causes to be operated on any highway in this State any motor vehicle that does not carry a registration card required by this chapter or any motor vehicle that does not display, in the manner prescribed by this chapter or by the department, the identification marker required by this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars. Each day's operation in violation of this section constitutes a separate offense.
Section 56-11-410. A road tax for the privilege of using the streets and highways in this State is imposed upon every motor carrier. The tax is equivalent to sixteen cents a gallon, calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to taxes imposed upon the carriers by any other provision of law.
Section 56-11-415. For the purpose of this chapter, a motor carrier, as defined in Section 56-11-10, which operates one hundred percent of its miles within the boundaries of this State is exempt from the provisions of this chapter.
Section 56-11-420. The amount of tax due must be calculated upon the amount of gasoline or other motor fuel used by the motor carrier in its operation within this State during the reporting period. The department shall develop forms to reflect the tax due in accordance with nationally recognized standards.
Section 56-11-430. Every motor carrier subject to the tax imposed by this chapter shall, on or before the last day of April, July, October, and January submit to the department the reports of its operations during the quarter of the year ending the last day of the preceding month as the department requires. Nothing in this section may be construed to eliminate the requirement as to registration and identification markers otherwise provided by this chapter.
Section 56-11-440. The tax herein imposed with respect to each calendar quarter shall be paid to the department at the same time the report required by this chapter is filed.
Section 56-11-450. (A) Every motor carrier subject to the tax imposed under this chapter is entitled to a credit on the tax equivalent to sixteen cents per gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by the carrier. Evidence of the payment of the tax in such form as may be required by or is satisfactory to the department must be furnished by each carrier claiming the credit.
(B) When the amount of the credit exceeds the amount of the tax for which the carrier is liable for the same quarter, the excess may, under regulations of the department, be allowed as a credit on the tax for which the carrier would be otherwise liable for another quarter or quarters. The department is authorized to refund the amount of the credit herein allowed if within its discretion the refund is preferable to the credit. The refund must be made only if the carrier has fully complied with all the rules and regulations of the department and the provisions of this chapter.
Section 56-11-490. The excise tax and penalties and interest imposed under this chapter constitutes a first preferred lien upon any motor vehicle in which fuel taxable under this chapter is used, the lien attaching at the time the vehicle is operating in this State through the use of the fuel. The lien must not be removed until the excise tax, penalties and interest, and legal costs are paid or the property subject to the lien is sold in payment thereof, and the lien is paramount to all private liens or encumbrances of whatever character and to the rights of any conditional vendor or any other holder of the legal title in or to any such motor vehicle.
Section 56-11-500. As to revenue collected under this chapter or other road taxes on motor carriers, the department must withhold from the State Highway Fund monies not to exceed the actual or projected costs associated with administering and enforcing the provisions of this chapter. The State Treasurer and the Comptroller General shall establish accounts as necessary to facilitate the efficient and effective operation of this chapter and deposit from the State Highway Fund initial monies as may be necessary to operate this program. All remaining taxes and penalties and interest collected by the department pursuant to the provisions of this chapter must be deposited in the State Highway Fund.
Section 56-11-550. (A) Upon filing a return, the Department of Public Safety may distribute funds to International Fuel Tax Agreement states before the collection of funds from a person covered by the agreement. If the person has not remitted the funds within ninety days after being sent a collection notice, the department must revoke the authority of the person to operate in South Carolina and other states. The department may collect a person's past deficient payments by adjusting future distributions to states to which distributions previously had been made."
SECTION . Section 56-15-310 of the 1976 Code is amended to read:
"Section 56-15-310. (1)(A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application to the department for a license. Each license issued expires on December thirty-first next following the date of issuance twelve months from the month of issue (licensing period) and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business except that a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. No other exhibitions may be allowed, except as may be permitted by this section. Before exhibiting and selling motor homes at temporary locations as permitted above, the dealer shall first make application to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed ten consecutive days and must be prominently displayed at the temporary place of business. No dealer may purchase more than six temporary licenses in any one calendar year licensing period. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other dealer or location.
Any person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.
The provisions of this section may not be construed as allowing the sale of any type of motor vehicles other than motor homes at authorized temporary locations.
(2)(B) Any A person failing who fails to secure either a temporary or a permanent license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be punished fined:
(a)(1) By a fine of not less than fifty dollars nor or more than two hundred dollars or imprisonment imprisoned for not more than thirty days for the first offense.;
(b)(2) By a fine of not less than two hundred dollars nor or more than one thousand dollars or imprisonment imprisoned for not more than six months, or both, for the second offense.; and
(c)(3) By a fine of not less than one thousand dollars nor or more than ten thousand dollars or imprisonment imprisoned for not more than two years, or both, for the third or any subsequent offense.
For purposes of this section, the sale of each motor vehicle constitutes a separate offense."
SECTION . Section 56-15-340 of the 1976 Code is amended to read:
"(1)(A) Every dealer or wholesaler shall keep complete records of each transaction under which a motor vehicle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motor vehicle was acquired and the date of the transaction; a correct description of the vehicle, when transferred; the true name and correct address of the person to whom the motor vehicle was transferred; and the date of the transaction. The description of the motor vehicle must include the vehicle identification number, make, model, type of body, and the odometer readings at the time the motor vehicle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the Department or any of its duly authorized agents.
(2)(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the record keeper or the Department's inspector or agent are not in compliance with this section.
(3)(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the Department department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and upon conviction must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the Department department or its duly authorized agents complete records on each separate motor vehicle constitutes a separate offense."
SECTION . Section 56-15-560 of the 1976 Code, as added by Act 70 of 1995, is amended to read:
"Section 56-15-560. Before engaging in business as a wholesale motor vehicle auction in this State, an application must be filed with the Department of Revenue and Taxation department furnishing the information it requires including, but not limited to, information adequately identifying by name and address individuals who own or control ten percent or more of the interest of the applicant. Each license issued expires twelve months from the month of issuance and must be displayed prominently at the established place of business. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. The fee for the license is fifty dollars."
SECTION . Section 56-15-570 of the 1976 Code, as added by Act 70 of 1995, is amended to read:
"Section 56-15-570. (A) Each applicant for licensure as a wholesale motor vehicle auction shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form prescribed by the Deputy Director of the Motor Vehicle Records and Vehicle Inspection Division of the department. The bond must be given to the department and executed by the applicant as principal and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of fraud practiced or fraudulent representation made by the licensee in connection with the sale or transfer of a motor vehicle by the licensee or its agent acting for it or within the scope of employment of the agent or loss or damage suffered by reason of a violation by the licensee or its agent of this chapter.
(B) An owner or his legal representative who suffers loss or damage has a right of action against the wholesale motor vehicle auction and against the licensee's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the department annually before the license is renewed. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The surety shall notify the department if the bond is canceled. The cancellation does not affect liability incurred or accrued before the cancellation."
SECTION . Section 56-16-140 of the 1976 Code is amended to read:
"Section 56-16-140. (1)(A) Before engaging in business as a motorcycle dealer or wholesaler in this State, every person must first make application to the Department for a license. Every license issued expires on December thirty-first next following twelve months from the date of issuance issue and must be prominently displayed at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business.
(2)(B) Any A person failing who fails to secure a license as required in this chapter is guilty of a misdemeanor and upon conviction must be punished fined:
(a)(1) By a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment imprisoned for not more than thirty days for the first offense.;
(b)(2) By a fine of not less than two hundred dollars nor more than one thousand dollars or imprisonment imprisoned for not more than six months, or both, for the second offense.; and
(c)(3) By a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment imprisoned for not more than two years, or both, for the third or any subsequent offense.
For purposes of this section subsection, the sale of each motorcycle constitutes a separate offense."
SECTION . Section 56-16-170 of the 1976 Code is amended to read:
"Section 56-16-170. (1)(A) Every dealer or wholesaler shall keep complete records of each transaction under which a motorcycle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motorcycle was acquired and the date of the transaction; a correct description of the motorcycle, when transferred; the true name and correct address of the person to whom the motorcycle was transferred; and the date of the transaction. The description of the motorcycle must include the motorcycle identification number, make, model, type of body, and the odometer readings at the time the motorcycle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents.
(2)(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the record keeper or the department's inspector or agent are not in compliance with this section.
(3)(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and upon conviction must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the department or its duly authorized agents complete records on each separate motorcycle constitutes a separate offense."
SECTION . Title 56 of the 1976 Code is amended by adding:
Section 56-17-10. A person required by a provision of law or by regulation to purchase a license, keep any records, or supply any information, who wilfully fails to purchase a license, keep the records, or supply the information or who wilfully falsifies information so supplied, at the time or times required by law or regulation, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than one year, or both, including the cost of prosecution."
SECTION . Section 56-19-10(44) of the 1976 Code, as last amended by Act 94 of 1991, is further amended to read:
"(44) 'Moped': Notwithstanding item (2), every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."
SECTION . Section 56-19-240 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"Section 56-19-240. (1) An application for a certificate of title for a vehicle in this State must be made by the owner to the department on the form it prescribes and must contain or be accompanied by:
(a) the name and residence and mailing address of the owner;
(b) a description of the vehicle, including, so far as the following data exists, its make, model, year, vehicle identification number, type of body, odometer reading at the time of application, and whether new or used;
(c) the date of acquisition by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements;
(d) an odometer disclosure statement made by the transferor of the vehicle and acknowledged by the transferee. The statement must be in compliance with federal guidelines and as prescribed by the department. The transferor may complete the odometer disclosure statement on either a notarized bill of sale in a form approved by the department or on the previous certificate of title. Where more than one transfer has intervened between the previous certificate of title and the application for a new certificate of title, there it must be shown that the certificate of title has been signed by the owner or by the owner's attorney in fact, and there must be for each intervening transfer, thereafter a notarized bill of sale in a form approved by the department, including a completed odometer disclosure statement. Additionally, the odometer disclosure statement on the application form must be completed by the applicant;
(e) any further information or documentation the department reasonably requires to enable it to determine: the identity of the vehicle, whether the owner is entitled to a certificate of title, the existence or nonexistence of security interests in the vehicle, and the accuracy of the odometer disclosure statement.
(2) If the application is not for the first certificate of title, it shall be accompanied by the last certificate of title previously issued for the vehicle, whether issued by this State or another state or country.
(3) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the Department. If the application refers to a new vehicle purchased from a dealer, the application shall also be accompanied by the manufacturer's certificate of origin.
(4) Any person who knowingly gives a false statement on the application or knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to one thousand dollars or imprisonment of up to one year, or both, at the discretion of the court. These penalties shall be in addition to the penalties provided by the federal odometer law (Subchapter IV of Chapter 46 of Title 15 of the United States Code_15 U.S.C. Sections 1981-1991).
(5) In addition to the other information required in an application, the application for title for a mobile or manufactured home must include the address of the site on which the home is to be placed if different from the owner's address."
SECTION . Section 56-19-280 of the 1976 Code is amended to read:
"Section 56-19-280. When the theft or conversion of a vehicle is reported to the department pursuant to Sections 56-19-810 or 56-19-820, until the department learns of its recovery or that the report of its theft or conversion was erroneous, it shall must not issue a certificate of title for the vehicle. A title may be issued on a vehicle that is reported stolen only in cases where the settlement to an insurance company is involved."
SECTION . Section 56-19-310 of the 1976 Code is amended to read:
"Section 56-19-310. The certificate of title issued to the first owner of a new vehicle shall must be designated by the letter suffix 'A' after the title number. Titles issued to subsequent owners of such a vehicle shall must be designated 'B,' 'C,' 'D' and 'E,' in the order of ownership. Titles issued to subsequent owners shall contain no letter suffix. The transfer or sale through an auction sale where the auctioneer gives title shall be considered a sale, thus if a car bearing an 'A' title is sold through the sale the transfer to the sale would be a 'B' title and to the purchaser would make it a 'C' title."
SECTION . Section 56-19-340 of the 1976 Code is amended to read:
"Section 56-19-340. The certificate of title shall must be mailed to the first lienholder named in it or given to the lienholder's authorized agent or, if none, to the owner."
SECTION . Section 56-19-480 of the 1976 Code is amended to read:
"Section 56-19-480. (A) Any An owner who scraps, dismantles, destroys, or in any manner disposes to another as wreckage or salvage, a motor vehicle otherwise required to be titled in this State shall immediately shall mail or deliver to the Department department the vehicle's certificate of title for cancellation notifying the Department department to whom the vehicle is delivered together with a report indicating the type and severity of any damage to the vehicle.
(B) If a vehicle is acquired by an insurance company in settlement of a claim to such the vehicle by fire, flood, collision, or other causes, or is left with the insured claimant after being declared a total loss by the insurance company, the company or its agent shall immediately shall deliver to the Department department the certificate of title for cancellation together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the department to whom the transfer was made on a form prescribed by the department. The vehicle may then be transferred as salvage by use of a form prescribed by the Department. The manufacturer's serial plate or vehicle identification number (VIN) plate shall remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or destroyed.
(C) All insurance companies which make payments on liability, collision, fire, theft, or comprehensive policies for damaged motor vehicles registered or titled in this State shall allow Department department officials to examine all records of the company which pertain to payments made pursuant to the policies during normal working hours. A certificate of title for the vehicle may not again be issued except upon submission of an application containing the information required by the Department together with an official transfer form signed by the insurance company and any intermediate transferees, an affidavit from the rebuilder indicating that the total cost of repairing the vehicle including all labor and parts was estimated to be or actually was less than sixty percent of the fair market retail value of the vehicle along with any other data the Department prescribes. In addition, the Department may require the vehicle to undergo an inspection by a highway patrolman or someone authorized by the Department to check the identity and safety of the vehicle, for a fee not to exceed twenty-five dollars. Any certificate of title issued by the Department may be annotated to indicate that the vehicle sustained water or fire damage or that it cost more than sixty percent of the fair market retail value of the vehicle to repair it.
(D) Vehicles acquired by insurance companies as outlined above are exempt from ad valorem property taxes and inventory taxes, and the transfers of the vehicles to and from insurance companies exempt from sales taxes. Any person violating any provision of this section must, upon conviction, for a first offense, be fined not less than five hundred dollars or imprisoned not less than six months, or both, and for a second and each offense thereafter, the fine must be one thousand dollars or imprisonment for one year, or both.
(E) If a salvage vehicle is rebuilt, a regular certificate of title may not again be issued except upon submission of an application stating that the vehicle has been rebuilt and containing the information ordinarily required by the department for the issuance of a certificate of title as well as any information the department may require about the identity of the vehicle, the source and cost of any parts used in, and the extent of any repairs or other work done to, the vehicle. In addition, the department may require the vehicle to undergo an inspection by the Highway Patrol or someone authorized by the department to check the identity or the safety of the vehicle or both. Any regular certificate of title issued by the department for a previously salvaged vehicle must be annotated to show that the vehicle was 'salvaged-rebuilt' and the reason why the vehicle was salvaged.
(F) The manufacturer's serial plate or vehicle identification number (VIN) plate must remain with the vehicle at all times until the vehicle is shredded, crushed, melted, or otherwise destroyed.
(G) For purposes of this section, a 'wrecked vehicle,' a 'salvage vehicle,' and a 'vehicle declared to be a total loss' are all synonyms and are defined to be any motor vehicle which is damaged to the extent that the cost of repairing the motor vehicle, including both parts and reasonable market charges for labor, equal or exceed seventy-five percent of the fair market value of the motor vehicle. When an insurance company is involved, the fair market value of the vehicle must be determined as of the date immediately before the event which gave rise to the claim. When an insurance company is not involved, then the fair market value must be determined as of the last day on which the vehicle was lawfully operated on a public highway or the last day on which it was registered, whichever is later.
(H) A person violating any provision of this section is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not less than two nor more than five hundred dollars, or imprisoned for not more than thirty days, or both. For a second or subsequent offense, the fine must not be less than five hundred dollars and not more than one thousand dollars or imprisonment for not more than one year, or both."
SECTION . Section 56-19-650 of the 1976 Code is amended to read:
"Section 56-19-650. If an owner creates a security interest in a vehicle:
(1) The owner shall immediately shall execute the application, in the space provided therefor for on the certificate of title or on a separate form the department prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately shall cause the certificate, application and the required fee to be mailed or delivered to the department.
(3) If the certificate of title is in the possession of a lienholder and a supplemental lien is created by the owner, any the subsequent lienholder shall secure the title from the first lienholder and forward to the department the required application and the title for perfecting his the lien, together with the required fee,. and the The department when satisfied that the application is in order shall procure the certificate of title from the lienholder in whose possession it is being held, for the sole purpose of perfecting the new lien thereon. Upon request of the Department, a lienholder in possession of the certificate of title shall forthwith deliver or mail such certificate to the Department. issue a new certificate of title containing the name and address of the new lienholder and mail the certificate to the first lienholder named on it. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.
(4) Upon receipt of the certificate of title, application and the required fee, the Department shall issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it."
SECTION . Section 56-23-10 of the 1976 Code, as last amended by Section 1494 of Act 181 of 1993, is further amended to read:
"Section 56-23-10. No person shall may engage in the business of training or educating persons to drive or operate motor vehicles, or offer such training or education, for which a fee or charge is made, unless and until such the person has obtained and holds a valid driver training school license therefor issued by the Department of Public Safety department. For purposes of this chapter, 'department' shall mean Department of Public Safety."
SECTION . Section 56-25-10 of the 1976 Code, as last amended by Section 1498 of Act 181 of 1993, is further amended to read:
"Section 56-25-10. The Nonresident Traffic Violator Compacts of 1972 and 1977 (compacts) are enacted into law by reference and entered into with all other jurisdictions legally joining therein. The director of the department shall execute all documents and perform all other acts necessary to carry out the provisions of the compacts. The department may promulgate regulations consistent with the provisions of this chapter and in accordance with the provisions of Chapter 23 of Title 1 (the Administrative Procedures Act).
The department shall maintain a current list of those jurisdictions which have entered into the compacts. Such The list and copies of the compacts shall from time to time be disseminated to those agencies and individuals who are responsible for enforcement of their provisions. For purposes of this chapter 'department' means Department of Public Safety."
SECTION . Section 56-25-20 of the 1976 Code is amended to read:
"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation issued in this or any compact jurisdiction, the department shall may suspend or refuse to renew the person's driver's license if any such the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than five twelve months from the date on which the traffic citation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.
Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation, the department shall notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts."
SECTION . Section 56-28-10(4) and (5) of the 1976 Code are amended to read:
"(4) 'Motor vehicle' means a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles, trucks with a gross vehicle weight over six thousand pounds and off road vehicles, which is sold and registered in this State.
(5) A 'new motor vehicle' means a private passenger motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer."
SECTION . Section 56-29-20(5) of the 1976 Code, as last amended by Section 1500 of Act 181 of 1993 is further amended to read:
"(5) 'Vehicle identification number' means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Motor Vehicle Division of the Department of Revenue and Taxation department for the purpose of uniquely identifying a motor vehicle or motor vehicle part."
SECTION . Section 56-29-50(E)(1), (I), and (M) of the 1976 Code, as last amended by Section 1501 of Act 181 of 1993, are further amended to read:
"(1) The circuit solicitor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Motor Vehicle Division of the Department of Revenue and Taxation, at the department or any other department of the State, or any other state or territory of the United States, or of the federal government if the property is required to be registered in the department.
(I) No motor vehicle or motor vehicle part may be forfeited under this section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable must be the subject of a written report sent by the seizing agency to the Motor Vehicle Division of the Department of Revenue and Taxation, department which report must include a description of the motor vehicle or motor vehicle part, its color, if any, the date, time, and place of its seizure, the name of the person from whose possession or control it was seized, the grounds for its seizure, and the location where it is held or stored.
(M) When an applicant for a certificate of title or salvage certificate presents to the Motor Vehicle Division of the Department of Revenue and Taxation department proof that the applicant purchased or acquired a motor vehicle at the public sale conducted pursuant to this section and that fact is attested to by the seizing agency, the division shall issue a certificate of title, or salvage certificate for the motor vehicle upon receipt of the statutory fee, properly executed application for a certificate of title, or other certificate of ownership, and the affidavit certification of the seizing agency that a state-assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."
SECTION . Section 56-31-50 (C), (D), and (E) of the 1976 Code, as last amended by Section 1502 of Act 181 of 1993, are further amended to read:
"(C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the Department of Revenue and Taxation department stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previous calendar previous calendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Department of Revenue and Taxation State Treasurer's Office for deposit in the state general fund.
(D) Any rental company which makes a false report to the Department of Revenue and Taxation department with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year or both. Each violation constitutes a separate offense.
(E) The South Carolina Department of Revenue and Taxation shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section."
SECTION .A. Chapter 31 of Title 12, Sections 12-4-400, 12-4-410, 12-37-2740, 20-7-947, 23-6-10(3), 23-6-200, 56-1-225(b), 56-1-410, 56-1-520, 56-1-530, 56-1-550, 56-1-560, 56-1-830, 56-1-840, 56-1-1120, 56-1-1340, 56-1-3390, 56-3-20(21), 56-3-251, 56-3-420, 56-3-880, 56-3-1010(3), 56-3-1160, 56-3-1950(1), 56-3-2410, 56-3-2500, 56-3-2670, 56-3-2750, 56-5-370, 56-5-2960, 56-5-5015(L), 56-5-5610, 56-5-5680, 56-5-5830, 56-5-5860, 56-5-5930, 56-5-6180, 56-9-20(1), 56-9-20(2), 56-9-310, 56-10-210(3), 56-10-290, 56-10-300, 56-15-10(r), 56-15-360, 56-16-10(r), 56-16-190, 56-19-10(5), 56-19-30, 56-27-10(c), 38-73-456 and 38-77-175 of the 1976 Code are repealed.
B. For each item repealed in subsection A., the Code Commissioner shall renumber all existing items as may be necessary to conform the remaining items in each existing section./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The motion of Rep. KNOTTS to reconsider the vote whereby the following Bill was given a third reading was taken up.
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Rep. KNOTTS moved to table the motion to reconsider, which was agreed to.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. NEAL asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.
Rep. YOUNG-BRICKELL objected.
Rep. KNOTTS asked unanimous consent to recall S. 739 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. WILKINS moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Wednesday, May 15, which was adopted.
H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.
The Senate amendments to the following Bill were taken up for consideration:
H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
Rep. KIRSH explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
Rep. FELDER moved to adjourn debate upon the Senate amendments until Wednesday, May 15.
Rep. SEITHEL moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 43 to 15.
Rep. RICHARDSON moved to adjourn debate upon the following Concurrent Resolution until Wednesday, May 15, which was adopted.
H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR FORMER LIEUTENANT GOVERNOR W. BRANTLEY HARVEY, JR., AND HIS LATE FATHER, SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The following was received.
Columbia, S.C., May 14, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. SCOTT the invitation was accepted.
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.
Rep. HASKINS moved that the House stand at ease until the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.
At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R359) S. 501 -- Senator Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.
(R360) S. 642 -- Senator Thomas: AN ACT TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO EXTEND FROM FIVE TO TEN DAYS THE NOTICE REQUIRED BEFORE A HEARING TO CANCEL SELF-INSURER STATUS FOR A PERSON OR COMPANY WITH MORE THAN TWENTY-FIVE REGISTERED VEHICLES AND TO REQUIRE THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY.
(R361) S. 699 -- Senator Richter: AN ACT TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE NOTICE TO THE DELINQUENT TAXPAYER OF ANY EXCESS DUE THE TAXPAYER FOR THE SUCCESSFUL BID AND TO PRESCRIBE THE METHOD OF THE NOTICE; AND TO AMEND SECTION 12-51-120, RELATING TO NOTICE REQUIRED OF THE END OF THE REDEMPTION PERIOD, SO AS TO CONFORM THE REFERENCE TO THE INTEREST RATE TO THE AMENDMENT CONTAINED IN THIS ACT.
(R362) S. 774 -- Senator Land: AN ACT TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION, AND TO PROVIDE THAT CERTAIN RENTAL COMPANIES ARE NOT LIABLE FOR CERTAIN SURCHARGES.
(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
(R364) S. 1033 -- Senator Jackson: AN ACT TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM FOR NONVIOLENT OFFENDERS, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
(R365) S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
(R366) S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: AN ACT TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR OTHER TRANSMISSION OR GENERATING FACILITIES OR FOR FACILITIES FOR DISTRIBUTION OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY, AND PROVIDE THAT A JOINT AGENCY MAY NOT ACQUIRE OR PURCHASE PROJECTS OR CAPACITY IF, AFTER PURCHASE OR ACQUISITION, THE JOINT POWER AGENCY WOULD OWN, CONTRACT FOR, OR CONTROL GENERATING RESOURCES EXCEEDING ONE HUNDRED EIGHTY-FIVE PERCENT OF THE MEMBER MUNICIPALITIES HISTORICAL TERRITORIAL PEAK, DELETE AS A DETERMINING FACTOR AS TO WHETHER IT IS BENEFICIAL TO THE JOINT AGENCY REFERENCES TO AN ELECTRICAL SUPPLIER SERVING THE COUNTIES OR COUNTY WITHIN WHICH ANY MEMBER MUNICIPALITIES ARE LOCATED; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, DELETE A REFERENCE TO SECTION 6-23-120, AND AUTHORIZE ANY PORTION OF A PROJECT TO BE ACQUIRED, PROVIDE FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY ELECTRIC SUPPLIER WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE, AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; TO AMEND SECTION 6-23-20, RELATING TO DEFINITIONS USED IN THE "JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT", SO AS TO REDEFINE "ELECTRIC SUPPLIER" AND "PROJECT"; BY ADDING SECTION 6-23-235 SO AS TO MAKE A PORTION OF SECTION 6-21-400 NOT APPLICABLE TO A JOINT AGENCY ISSUING BONDS PURSUANT TO THE PROVISIONS OF CHAPTER 21 OF TITLE 6 (REVENUE BOND ACT FOR UTILITIES); BY ADDING SECTION 6-23-335 SO AS TO PROVIDE THAT NOTHING IN CHAPTER 23 OF TITLE 6 MAY BE INTERPRETED TO AUTHORIZE A JOINT AGENCY TO PROVIDE, DISTRIBUTE, MARKET, OR SELL ELECTRIC ENERGY OR SERVICE TO RETAIL CUSTOMERS; BY ADDING SECTION 6-23-340 SO AS TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE DEEMED OR CONSTRUED TO AMEND, SUPPLEMENT, MODIFY, OR OTHERWISE ALTER OR AFFECT THE PROVISIONS OF CONTRACTS ENTERED INTO BY A JOINT AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.
(R367) S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.
(R368) S. 1195 -- Education Committee: AN ACT TO AMEND SECTION 59-103-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CERTAIN MEMBERS THEREOF SHALL BE APPOINTED; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS IN PRIORITY ORDER FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, AS AMENDED, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S AND EACH INSTITUTION'S ANNUAL BUDGET REQUEST IS DETERMINED, TO PROVIDE CERTAIN EXCEPTIONS FOR CAPITAL IMPROVEMENT PROJECTS FUNDED BEFORE JULY 30, 1996, AND TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, TO PROVIDE THAT THE PROCESS TO BE FOLLOWED FOR THE CLOSURE, REDUCTION, EXPANSION, OR CONSOLIDATION OF AN INSTITUTION SHALL BE AS PROMULGATED IN REGULATIONS OF THE COMMISSION WHICH SHALL BE SUBMITTED TO AND APPROVED BY THE GENERAL ASSEMBLY, TO REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, TO PROVIDE THAT THE COMMISSION SHALL DEFINE MINIMUM ACADEMIC EXPECTATIONS FOR PROSPECTIVE POST-SECONDARY STUDENTS AND COMMUNICATE THESE EXPECTATIONS TO THE STATE BOARD OF EDUCATION, AND TO PROVIDE THAT THE COMMISSION SHALL ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH A PUBLIC INSTITUTION'S CONSTRUCTION OR PURCHASE OF CERTAIN NEW FACILITIES OR REAL PROPERTY IS APPROVED, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE APPLICABILITY OF THE SECTION; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION, AND TO DELETE THE REQUIREMENT THAT A POST-SECONDARY INSTITUTION PROVIDE HALF THE COST OF A PALMETTO FELLOWS SCHOLARSHIP; TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT; AND TO AMEND SECTION 95, PART II OF ACT 145 OF 1995, RELATING TO SINGLE-GENDER PROGRAMS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL NOT BE AUTHORIZED TO REQUIRE ANY CHANGE TO A COURT-APPROVED SINGLE-GENDER EDUCATION PROGRAM WHICH WOULD HINDER THE PROGRAM'S ABILITY TO PRODUCE A SUBSTANTIVELY COMPARABLE OUTCOME, AND TO REVISE THE EFFECTIVE DATE OF THIS SECTION.
(R369) S. 1226 -- Senators Giese, Passailaigue and Glover: AN ACT TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE RESPONSIBLE PARTY SEEKING A PLACEMENT IN THE UNIT OR PROGRAM THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS AND TO INCLUDE THE INFORMATION THAT MUST BE PROVIDED.
(R370) S. 1266 -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4 AND PROHIBITING THE DEPARTMENT FROM CLOSING ANY PART OF THE DEER SEASON IN WHICH FIREARMS ARE ALLOWED ON PRIVATE LANDS IN GAME ZONE 4.
(R371) S. 1278 -- Senator Holland: AN ACT TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.
(R372) S. 1305 -- Senators McConnell and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE; TO AMEND SECTION 38-75-310, AS AMENDED, RELATING TO DEFINITIONS CONCERNING WIND AND HAIL INSURANCE, SO AS TO PROVIDE A DEFINITION FOR "SEACOAST AREA"; AND TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO FIRE AND ALLIED LINES AND INLAND MARINE INSURANCE RATES, SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE ESSENTIAL PROPERTY INSURANCE MAY FILE AND USE CERTAIN RATES WITHIN A COASTAL AREA OF THE STATE.
(R373) S. 1345 -- Senator McConnell: AN ACT TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
(R374) S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R375) S. 1395 -- Senator Courtney: AN ACT TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.
(R376) H. 3140 -- Reps. McTeer and Lloyd: AN ACT TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH EITHER AN ILLUSTRATION OR A MECHANICAL MODEL WHICH ILLUSTRATES THE MANNER OF VOTING ON THE MACHINE; AND TO AMEND SECTION 7-13-1810, RELATING TO THE REQUIREMENT THAT THERE MUST BE PROVIDED ON ELECTION DAY A MECHANICALLY OPERATED MODEL OF A VOTING MACHINE FOR INSTRUCTION OF VOTERS, SO AS TO AUTHORIZE AN ILLUSTRATION OR MECHANICALLY OPERATED MODEL BE PROVIDED FOR INSTRUCTION OF VOTERS.
(R377) H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS COMMITTED AT ANY TIME DURING THE CRIMINAL PROCESS FOR THE PURPOSE OF IMPEDING OR DETERRING PROSECUTION OF ANY CRIME AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
(R378) H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
(R379) H. 3864 -- Rep. Quinn: AN ACT TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.
(R380) H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE IN ANY ACTION BROUGHT PURSUANT TO SECTION 42-1-560 FOR INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE AN EXCEPTION, AND TO PROVIDE THAT THE IMMUNITY PROVIDED HEREIN DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.
(R381) H. 4136 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT; AND BY ADDING SECTION 44-29-240 SO AS TO PROVIDE THAT A PERSON ON WHOM AN INVASIVE PROCEDURE IS TO BE PERFORMED IS ENCOURAGED TO KNOW OR TO HAVE HIS BLOOD TESTED TO DETERMINE HIS HIV STATUS AND TO DISCLOSE THIS STATUS TO THE HEALTH PROFESSIONALS RENDERING CARE.
(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
(R383) H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: AN ACT TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND OR PAY THE COURT-APPOINTED ATTORNEY.
(R384) H. 4407 -- Rep. D. Smith: AN ACT TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER TO THE BOARD APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE TO REPRESENT THE GENERAL PUBLIC.
(R385) H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: AN ACT TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; AND TO PROVIDE THAT THE ATTORNEY GENERAL SHALL MONITOR ALL REPORTED SCHOOL CRIMES AND MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.
(R386) H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.
(R387) H. 4490 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
(R388) H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-15 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX ARE VOID AB INITIO AND AGAINST THE PUBLIC POLICY OF THIS STATE; AND TO AMEND SECTION 20-1-10, RELATING TO WHOM MAY CONTRACT MATRIMONY, SO AS TO PROHIBIT SAME SEX MARRIAGES.
(R389) H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: AN ACT TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.
(R390) H. 4676 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION"; TO AMEND SECTIONS 12-21-3340, 12-21-3350, AND 12-21-3470, RELATING TO THE LICENSE AND PROMOTER'S LICENSE REQUIRED FOR BINGO OPERATIONS, AND PERSONS PROHIBITED TO CONDUCT OR ASSIST IN BINGO OPERATIONS, SO AS TO REQUIRE THE BACKGROUND INFORMATION REQUIRED FOR APPLICANTS FOR SUCH LICENSES TO REFLECT CONVICTIONS WITHIN THE LAST TWENTY YEARS OF A FELONY, GAMBLING OFFENSE, CRIMINAL FRAUD, OR A CRIME FOR WHICH A SENTENCE OF TWO OR MORE YEARS MAY BE IMPOSED AND ALSO TO PROVIDE THAT THE PROHIBITION ON PERSONS CONDUCTING OR ASSISTING IN BINGO OPERATIONS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES APPLIES WHEN THE CONVICTION HAS OCCURRED IN THE PAST TWENTY YEARS.
(R391) H. 4701 -- Rep. Worley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES AND TO AMEND SECTION 34-3-320 RELATING TO EXAMINATIONS OF BANKS SO AS TO REQUIRE AN EXAMINATION EVERY TWENTY-FOUR MONTHS RATHER THAN EIGHTEEN MONTHS.
(R392) H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: AN ACT TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.
(R393) H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R394) H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R395) H. 4801 -- Rep. Meacham: AN ACT TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTIONS 8-13-1110 OR 8-13-1140.
(R396) H. 4830 -- Rep. Harrison: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
(R397) H. 4847 -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.
(R398) H. 4853 -- Rep. Wilkes: AN ACT TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
(R399) H. 4896 -- Labor, Commerce and Industry Committee: AN ACT TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R400) H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
(R401) H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.
At 1:19 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with concurrence the following:
H. 5009 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS, AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.
H. 5010 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING ABRAHAM (ABE) THOMY, OUTSTANDING AND WIDELY-RECOGNIZED PHOTOGRAPHER OF PROMINENT SOUTH CAROLINIANS AND OTHERS, FOR HIS MORE THAN FIFTY YEARS OF PORTRAITURE AND SERVICE TO THE CITIZENS OF THE PALMETTO STATE.
H. 5011 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE SPRINGWOOD LAKE AREA UNITED NEIGHBORS IN RICHLAND COUNTY FOR WINNING THE 1996 NEIGHBORHOOD OF THE YEAR AWARD AND TO EXTEND BEST WISHES TO THIS GROUP FOR MUCH CONTINUED SUCCESS IN THE FUTURE.
H. 5013 -- Reps. Stuart, Riser, Wright, Koon, Knotts, Spearman and Gamble: A CONCURRENT RESOLUTION CONGRATULATING PELION ELEMENTARY SCHOOL'S KNOWLEDGE MASTER TEAM OF LEXINGTON COUNTY FOR PLACING FIRST IN THE STATE IN THE SPRING OPEN COMPETITION.
At 1:20 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Dr. W. S. Brockington of Greenwood, to meet at 11:00 A.M. tomorrow.
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