Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 3000 . . . . . Thursday, April 25, 1996
South Carolina Consumer Affairs Commission for Seats 2 and 4, so as to fill the terms which expire August 31, 1996.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1392 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND THE JAMES R. CLARK MEMORIAL SICKLE CELL FOUNDATION FOR ITS OUTSTANDING EFFORTS IN PROVIDING QUALITY SERVICES TO THOUSANDS OF CLIENTS THROUGHOUT SOUTH CAROLINA THAT ARE AFFECTED WITH EITHER THE SICKLE CELL DISEASE OR TRAIT AND TO DECLARE SATURDAY, APRIL 27, 1996, AS "SICKLE CELL AWARENESS DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Cain                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Fleming              Gamble               Harrell
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Howard               Hutson
Inabinett            Jaskwhich            Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Printed Page 3001 . . . . . Thursday, April 25, 1996
Marchbanks           Martin               McAbee
McCraw               McKay                McMahand
McTeer               Meacham              Neal
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whipper, L.          Whipper, S.          Wilder
Wilkes               Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell       

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 25.
Rudolph M. Mason                   Juanita M. White
Harry M. Hallman, Jr.              Alma W. Byrd
Denny W. Neilson                   John G. Felder
Michael S. Whatley                 Ronald C. Fulmer
Ralph W. Canty                     Jerry N. Govan, Jr.
Douglas Jennings, Jr.              C. Alex Harvin III
Eugene C. Stoddard                 Timothy F. Rogers
Richard M. Quinn, Jr.

Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. HODGES a leave of absence for the day due to business matters in Lancaster.

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

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence to attend a "Women in Government" meeting.

Printed Page 3002 . . . . . Thursday, April 25, 1996
STATEMENT OF ATTENDANCE

Rep. CANTY 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, April 24.

DOCTOR OF THE DAY

Announcement was made that Dr. Vincent Degenhart of Columbia is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1367 -- Senator Lander: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE REMAINING AMOUNT OF THE LOAN APPROVED BY THE STATE TREASURER AND EXECUTED ON BEHALF OF THE CITY OF CHARLESTON THROUGH THE PATRIOT'S POINT DEVELOPMENT AUTHORITY FROM FUNDS MADE AVAILABLE PURSUANT TO SECTION 51-13-860, EQUAL TO FOUR HUNDRED THOUSAND DOLLARS, MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER.

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SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

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: 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 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.

H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.

H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.

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H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO

Printed Page 3005 . . . . . Thursday, April 25, 1996
AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION
Printed Page 3006 . . . . . Thursday, April 25, 1996
12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO
Printed Page 3007 . . . . . Thursday, April 25, 1996
MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Printed Page 3008 . . . . . Thursday, April 25, 1996
H. 4453--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Tuesday, April 30, which was adopted.

H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: 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.

SPEAKER PRO TEMPORE IN CHAIR

H. 4245--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 30, which was adopted.

H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

H. 4477--DEBATE ADJOURNED

The following Bill was taken up.

H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST

Printed Page 3009 . . . . . Thursday, April 25, 1996
ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

Reps. TRIPP and STILLE proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\10816HTC.96).

Amend the bill, as and if amended, by striking Section 56-5-6245 as contained in SECTION 1, and inserting:

/Section 56-5-6245. (A) A motor vehicle owned and driven by a person on a public highway in this State who is not a licensed driver or whose license to drive has been canceled, suspended, or revoked must be impounded if in the opinion of the arresting officer the vehicle has a fair market value in excess of one thousand dollars for:

(1) thirty days for a first offense;

(2) sixty days for a second offense; or

(3) ninety days for a third offense.

The arresting officer is responsible for taking those steps necessary to have the vehicle impounded. Impoundment must be at a public impoundment lot, but for all purposes of collecting the towing and storage charges due for the period of impoundment, the provisions of Section 29-15-10 shall apply, mutatis mutandis. The towing service transporting the vehicle has first priority in the disbursement of monies collected pursuant to this section.

(B) The cost associated with impounding a motor vehicle pursuant to subsection (A) must be borne by the driver of the motor vehicle. Notice of the impoundment shall be mailed to all lienholders of record within ten days of impoundment.

(C) This section does not apply to vehicles owned by rental car companies.

(D) A driver whose license to drive is invalid by reason of license expiration shall have a sixty-day grace period after expiration before the provisions of this section regarding vehicle impoundment are enforceable./

Amend title to conform.

Rep. STILLE explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 30, which was adopted.

H. 4522--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF

Printed Page 3010 . . . . . Thursday, April 25, 1996
SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

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