Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. Paul speaking in his Second Letter to the Corinthians, Chapter 3 (vv.12-13):

"Now if anyone builds on the foundation

with gold, silver, precious stones, wood, hay,

straw---the work of each builder will become vis-

ible, for the Day will disclose it,..."
Let us pray.

Our Father, You enlighten us. You give us patient endurance. Help us untangle the webs that we weave.

We are keenly aware of the consequences, in the lives of our people, of the decisions that we make here.

Deliver us from weakness of will; from indecision and from irresolution; from either giving up or giving in too soon; from being easily discouraged; from allowing any task, no matter how difficult, to defeat us.

Help us to say "yes" or "no" as Spirit-guided consciences command. So that we may deserve the rewards of success; and Thine will be the praise!

Amen.

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

April 18, 1997
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointments, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with terms to commence June 30, 1995, and to expire June 30, 1999:

3rd Congressional District:

Mr. Dennis B. Guerin, Post Office Box 101, La France, S.C. 29656

6th Congressional District:

Mr. Michael L. DeVinney, 200 Bentree Lane, Apt. H-1, Florence, S.C. 29501

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1996, and to expire June 30, 2000:

1st Congressional District:

Mr. Caleb L. Davis, Jr., MSC 75, The Citadel, Charleston, S.C. 29409 VICE Gerald E. Moore, Jr.

Referred to the Committee on Labor, Commerce and Industry.

April 23, 1997
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1997, and to expire June 9, 2000:

Residential Care Adm. - Non-Profit:

Ms. Betty K. Tolbert, Grady H. Hipp Nursing Center, 661 Rutherford Road, Greenville, S.C. 29609

Referred to the Committee on Medical Affairs.

April 24, 1997
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Disciplinary Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 1999:

Therapist:

Ms. Susan M. Jones, TheraCare of Greenwood, 212 Phoenix Street, Greenwood, S.C. 29646

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 1997, and to expire June 30, 2001:

Therapist:

Ms. Carolyn C. Talley, Greenville Myotherapeautic and Sports Massage, 20 Mills Avenue, Greenville, S.C. 29605

Referred to the Committee on Labor, Commerce and Industry.

On motion of Senator MATTHEWS, at 11:00 A.M., Senator HUTTO was granted a leave of absence until 11:45 A.M.

On motion of Senator REESE, at 11:00 A.M., Senator SHORT was granted a leave of absence in order to attend a judicial meeting.

H. 4073 -- Reps. Davenport, Walker, Lee, Hawkins, Allison and Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 85 FROM MILE POINT 68.8 TO MILE POINT 77.4 IN SPARTANBURG COUNTY IS SIXTY-FIVE MILES AN HOUR AND INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS STRETCH OF HIGHWAY TO INFORM MOTORISTS OF THE MAXIMUM SPEED LIMIT.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator PEELER, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar.

H. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar.

S. 725 -- Senators McConnell, Passailaigue, Courson, Ravenel and Ford: 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 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

S. 198 -- Senators Cork, Giese and Rose: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1997, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

The following were introduced:

S. 755 -- Senators Courtney and McConnell: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.

Read the first time and referred to the Committee on Banking and Insurance.

S. 756 -- Senator Land: A BILL TO AMEND SECTION 56-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THE DEFINITION AND PROVIDE THAT A SCHOOL BUS MUST COMPLY WITH CERTAIN FEDERAL AND NATIONAL STANDARDS; TO AMEND SECTION 56-5-2570, RELATING TO PARKING OF AN UNATTENDED MOTOR VEHICLE, SO AS TO PROVIDE FOR AN EXCEPTION FOR WHEELCHAIRS; TO AMEND SECTION 56-5-2770, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES AND MEETING AND PASSING SCHOOL BUSES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION, AND FURTHER PROVIDE FOR THE SIGNAL EQUIPMENT OF A SCHOOL BUS AND FOR WHEN A DRIVER OF A SCHOOL BUS NEED NOT STOP; TO AMEND SECTION 56-5-4700, RELATING TO REQUIRED EQUIPMENT FOR EMERGENCY VEHICLES AND SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS REQUIRED EQUIPMENT AND ITS USE; TO AMEND SECTION 59-67-10, RELATING TO THE DEFINITION OF A SCHOOL BUS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 59-67-20, AS AMENDED, RELATING TO REGULATIONS OF THE STATE BOARD OF EDUCATION GOVERNING DESIGN AND OPERATION OF SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-30, RELATING TO PAINTINGS AND MARKINGS OF SCHOOL BUSES, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ADOPT CERTAIN NATIONAL STANDARDS WITH REGARD TO SCHOOL BUS OPERATION; TO AMEND SECTION 59-67-50, RELATING TO REMOVAL OF IDENTIFICATION MARKS FROM FORMER SCHOOL BUSES, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-60, RELATING TO REQUIRED REPAINTING OF FORMER SCHOOL BUSES IN A COLOR DIFFERENT THAN YELLOW, SO AS TO INCREASE PENALTIES FOR VIOLATION; TO AMEND SECTION 59-67-80, RELATING TO WIPERS, BRAKES, LIGHTS, AND OTHER EQUIPMENT ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THIS EQUIPMENT AND FOR THE MAINTENANCE AND CONSTRUCTION OF SCHOOL BUSES; TO AMEND SECTION 59-67-100, RELATING TO SEATING SPACE ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THESE SPACE REQUIREMENTS; TO AMEND SECTION 59-67-110, RELATING TO EXITS ON SCHOOL BUSES, SO AS TO FURTHER PROVIDE FOR THE USE OF EXIT DOORS; TO AMEND SECTION 59-67-150, RELATING TO QUALIFICATIONS OF SCHOOL BUS DRIVERS AND PROHIBITED ACTS ON BUSES, SO AS TO FURTHER PROVIDE FOR THESE QUALIFICATIONS AND TO SPECIFY THE PERSONS TO WHOM THIS PROHIBITION APPLIES AND WHERE IT APPLIES; TO AMEND SECTION 59-67-190, RELATING TO THE PROHIBITION AGAINST A SCHOOL BUS DRIVER LEAVING THE BUS WHILE THE ENGINE IS RUNNING, SO AS TO PROVIDE AN EXCEPTION FOR ASSISTING PERSONS WITH DISABILITIES OR IN EMERGENCIES; TO AMEND SECTION 59-67-200, RELATING TO THE REQUIREMENT OF A COMPLETE STOP TO DISCHARGE PASSENGERS, SO AS TO STIPULATE THE REQUIREMENTS FOR A COMPLETE STOP FOR DISCHARGING PASSENGERS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 59-67-210, RELATING TO THE PROHIBITION AGAINST ONE SCHOOL BUS PASSING ANOTHER, SO AS TO PERMIT SUCH PASSING ON MULTIPLE-LANE ROADS; TO AMEND SECTION 59-67-220, RELATING TO THE PROHIBITION AGAINST FILLING THE GASOLINE TANK OF A SCHOOL BUS WHILE THE ENGINE IS RUNNING, SO AS TO CHANGE THE REFERENCE FROM GASOLINE TO FUEL; TO AMEND SECTION 59-67-230, RELATING TO THE REQUIREMENT THAT A SCHOOL BUS STOP BEFORE CROSSING RAILROAD TRACKS, SO AS TO STIPULATE CERTAIN SITUATIONS WHEN THE SECTION DOES NOT APPLY; TO AMEND SECTION 59-67-240, RELATING TO DISCIPLINARY DUTIES OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THE ADOPTION OF DISCIPLINARY PROCEDURES; TO AMEND SECTION 59-67-245, RELATING TO INTERFERENCE WITH THE OPERATION OF SCHOOL BUSES, SO AS TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF SCHOOL BUSES, SO AS TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION AS WELL AS THE HIGHWAY PATROL TO INSPECT BUSES; TO AMEND SECTION 59-67-280, RELATING TO PENALTIES FOR VIOLATING CERTAIN SCHOOL BUS PROVISIONS, SO AS TO INCREASE SUCH PENALTIES; TO AMEND SECTION 59-67-290, RELATING TO NEGLIGENCE OF SCHOOL BUS DRIVERS NOT BEING IMPUTABLE TO PASSENGERS, SO AS TO CHANGE THE TERM "IMPUTED" TO THE TERM "ATTRIBUTED" AND REQUIRE SUCH DRIVERS TO COMPLY WITH ALL DEPARTMENT OF EDUCATION REGULATIONS; TO AMEND SECTION 59-67-410, RELATING TO CONTROL BY THE STATE BOARD OF EDUCATION OF SCHOOL BUS TRANSPORTATION, SO AS TO DELEGATE TO THE DEPARTMENT OF EDUCATION THE POLICY AUTHORITY OVER SCHOOL BUS TRANSPORTATION; TO AMEND SECTION 59-67-420, AS AMENDED, RELATING TO THE EXTENT OF SCHOOL TRANSPORTATION PROVIDED, SO AS TO REVISE THESE TRANSPORTATION OBLIGATIONS THE STATE ASSUMES AND TO REVISE OTHER PROVISIONS RELATING TO TRANSPORTATION OF CHILDREN INCLUDING MAXIMUM TIME LIMITS ON SCHOOL BUS RIDES, HAZARDOUS CRITERIA AND FUNDING, AND THE OBLIGATION TO TRANSPORT CERTAIN K-5 STUDENTS; TO AMEND SECTION 59-67-425, RELATING TO TRANSPORTATION OF CHILDREN ATTENDING KINDERGARTEN, SO AS TO FURTHER PROVIDE FOR THE CHILDREN WHO MAY BE TRANSPORTED AND CONDITIONS TO WHICH AND UNDER WHICH THIS SECTION APPLIES; TO AMEND SECTION 59-67-460, RELATING TO CONTRACTS FOR TRANSPORTATION SERVICES WITH PRIVATE PERSONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CONTRACTS MAY BE ISSUED AND THE COSTS OF SUCH TRANSPORTATION, AND TO REQUIRE SCHOOL BUSES ONLY TO BE USED FOR THE TRANSPORTATION OF PUPILS; TO AMEND SECTION 59-67-470, RELATING TO THE SELECTION, ELIGIBILITY, AND TRAINING OF SCHOOL BUS DRIVERS, SO AS TO FURTHER PROVIDE FOR THIS SELECTION, ELIGIBILITY, AND TRAINING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND SECTION 59-67-480, RELATING TO SALARIES OF SCHOOL BUS DRIVERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A STATE-FUNDED SALARY SCHEDULE GUIDELINE FOR SCHOOL BUS DRIVERS; TO AMEND SECTION 59-67-490, RELATING TO SCHOOL BUS ROUTES OF STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR THE DEVELOPMENT AND APPROVAL OF THESE ROUTES; TO AMEND SECTION 59-67-500, RELATING TO SCHOOL BUS ROUTES OF LOCALLY-OWNED BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-510, RELATING TO THE USE OF TRANSPORTATION EQUIPMENT FOR SPECIAL EVENTS, SO AS TO CLARIFY AND REVISE CERTAIN TERMS AND REFERENCES; TO AMEND SECTION 59-67-520, RELATING TO TRANSPORTATION OF HANDICAPPED STUDENTS, SO AS TO CHANGE REFERENCES FROM HANDICAPPED PERSONS TO PERSONS WITH DISABILITIES; TO AMEND SECTION 59-67-535, RELATING TO USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT BLIND, ELDERLY, OR DISABLED PERSONS, SO AS TO CLARIFY REFERENCES THEREIN AND THE MANNER IN WHICH SUCH BOATS MAY BE USED FOR THESE PURPOSES; TO AMEND SECTION 59-67-540, AS AMENDED, RELATING TO MAINTENANCE OF STATE-OWNED BUSES, SO AS TO FURTHER PROVIDE FOR THIS MAINTENANCE TO BE THE RESPONSIBILITY OF THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-550, RELATING TO INSTALLMENT PURCHASES OF SCHOOL BUS MAINTENANCE SHOPS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THE SECTION FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; TO AMEND SECTION 59-67-570, AS AMENDED, RELATING TO STATE BOARD OF EDUCATION REGULATIONS PERTAINING TO SCHOOL TRANSPORTATION, SO AS TO DELETE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 59-67-720, RELATING TO INSURANCE PREMIUMS ON STATE-OWNED SCHOOL BUSES, SO AS TO CHANGE A REFERENCE FROM THE STATE BOARD OF EDUCATION TO THE STATE DEPARTMENT OF EDUCATION; AND TO REPEAL SECTIONS 59-67-70, 59-67-90, 59-67-120, 59-67-250, 59-67-260, 59-67-440, 59-67-450, AND 59-67-530 RELATING TO SCHOOL BUSES AND TRANSPORTATION.

Read the first time and referred to the Committee on Transportation.

H. 3713 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY; AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".

Read the first time and referred to the Committee on Judiciary.

H. 3715 -- Reps. Klauber, Altman, Limehouse, Neilson, Sharpe, Fleming, Haskins, Knotts, Sandifer, McKay, Kelley, Barrett, Keegan, Stille, Davenport, Loftis, Young, Cooper, Stoddard, Carnell, Woodrum, Campsen and Bauer: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3916 -- Reps. Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4122 -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 608 OF 1986, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR MARION COUNTY, SO AS TO PROVIDE FOR NINE COMMISSION MEMBERS INSTEAD OF SEVEN.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4129 -- Reps. G. Brown and J. Hines: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ROSA LEE LUCKEY OF LEE COUNTY ON THE OCCASION OF HER DEATH ON APRIL 30, 1997.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4132 -- Rep. Spearman: A CONCURRENT RESOLUTION CONGRATULATING COACH MAC QUATTLEBAUM, FORMER INSTRUCTOR AND COACH OF THE HOLLYWOOD HIGH SCHOOL MEN'S AND WOMEN'S BASKETBALL TEAMS, ON BEING HONORED BY SALUDA SCHOOL DISTRICT ONE BY HAVING THE SCHOOL'S GYMNASIUM NAMED FOR HIM.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4133 -- Reps. Allison, Townsend, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION SALUTING MISS SOUTH CAROLINA, ANGELA MICHELLE HUGHES, ON HER OUTSTANDING ACCOMPLISHMENTS AND HER SUPERB REPRESENTATION OF THE PALMETTO STATE DURING THE PAST YEAR.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4139 -- Reps. Barfield, Battle, Witherspoon, Edge, Miller, Kelley, Keegan and Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING WILLIAM F. "BILL" DAVIS OF HORRY COUNTY ON RECEIVING THE HONORARY DEGREE OF DOCTOR OF PUBLIC SERVICE FROM COASTAL CAROLINA UNIVERSITY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4140 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS, INC., ON PROVIDING FIFTY YEARS OF SERVICE TO THE UNITED STATES.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4141 -- Reps. Young, Woodrum, Harvin, Canty, G. Brown and Neal: A CONCURRENT RESOLUTION TO EXTEND TO THE FAMILY AND MANY FRIENDS OF FORMER STATE SENATOR HENRY B. "PUNCH" RICHARDSON, SR., OF SUMTER, THE HEARTFELT SYMPATHY OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THEIR LOSS OF A LOVING FAMILY MEMBER AND DEDICATED PUBLIC SERVANT.

Senator J. VERNE SMITH asked unanimous consent to apply the roll of the Senate on adoption.

The question then was the adoption of the Concurrent Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Rose                      Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Williams
Wilson

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4144 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. THOMAS MARION DAVIS OF CLARENDON COUNTY, A LEGENDARY FIGURE IN MEDICINE IN THE PEE DEE, FOR HIS MANY YEARS OF DEDICATION TO THE MEDICAL PROFESSION AND THE GOOD PEOPLE OF THE PALMETTO STATE.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4145 -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young, and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING REVEREND ROSCOE C. WILSON, SR. OF RICHLAND COUNTY FOR FORTY-NINE YEARS AS PASTOR OF SAINT JOHN BAPTIST CHURCH AND FOR HIS OUTSTANDING SERVICE AND SPIRITUAL AND CIVIC LEADERSHIP TO COLUMBIA AND THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4146 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON BECOMING THE 1997 SOUTH CAROLINA STATE SPEECH AND DEBATE CHAMPIONS.

The Concurrent Resolution was adopted, ordered sent to the House.

Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 410 -- Senator Hayes: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SALARY SUPPLEMENTS FOR COUNTY OFFICERS, SO AS TO INCLUDE CORONERS AMONG THOSE OFFICERS RECEIVING THE SUPPLEMENT.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3184 -- Rep. Davenport: 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 AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable report on:

H. 3366 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 3408 -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 4035 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Columbia, S.C., May 14, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference on S. 70 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:
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Very respectfully,
Speaker of the House

Received as information.

S. 178 -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.

The House returned the Joint Resolution with amendments.

On motion of Senator HOLLAND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

S. 731 -- Senator Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP WILLIAM EDWARD FULLER, SR., BY EXTENDING THE PORTION OF SOUTH CAROLINA HIGHWAY 81 IN GREENVILLE COUNTY PREVIOUSLY DESIGNATED IN HIS MEMORY.

Returned with concurrence.

Received as information.

S. 754 -- Senators Peeler, Short and Lander: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF THE HONORABLE WALTER L. MARTIN, JR., FORMER MAYOR OF THE TOWN OF LOCKHART AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

S. 742 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3852 -- Reps. Wilkins, Cato, Altman, Tripp, Jennings, Fleming, Sharpe, Mason, Sandifer, Littlejohn, Barfield, Meacham, Hinson, Robinson, Cooper, Haskins, Simrill, Walker, Woodrum, Loftis, Chellis, Stuart, Whatley, Leach, Barrett, Trotter, Harrison, Hamilton, Easterday, Allison and Davenport: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY SECURITIES, BY ADDING CHAPTER 30 SO AS TO AUTHORIZE THE CREATION OF A STATE SAVINGS BANK IN SOUTH CAROLINA; TO PROVIDE FOR ORGANIZATION OF, APPLICATION FOR AND APPROVAL OF, CORPORATE ADMINISTRATION OF, AND OPERATION OF A MUTUAL OR A STOCK STATE SAVINGS BANK; TO PROVIDE FOR CONVERSION OF A STATE SAVINGS BANK TO A FEDERAL BANK OR ASSOCIATION OR FROM A MUTUAL TO A STOCK SAVINGS BANK, OR FOR CONVERSION OF ANOTHER BANK OR ASSOCIATION TO A STATE SAVINGS BANK; TO PROVIDE FOR THE MERGER OF A STATE SAVINGS BANK WITH ANOTHER BANK OR ASSOCIATION; TO PROVIDE FOR VOLUNTARY DISSOLUTION; TO PROVIDE FOR REGULATION, SUPERVISION, CONSERVATORSHIP, AND RECEIVERSHIP BY THE STATE BOARD OF FINANCIAL INSTITUTIONS; TO PROVIDE FOR PROHIBITED PRACTICES AND PENALTIES FOR PARTICIPATION IN PROHIBITED PRACTICES; AND TO PROVIDE FOR LENDING AUTHORITY AND PROCEDURES.

Senator SALEEBY explained the Bill.

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

H. 4114 -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT TEACHERS AND STAFF OF THE DARLINGTON COUNTY SCHOOL DISTRICT ARE NOT REQUIRED TO MAKE UP THE SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, DURING SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS.

(By prior motion of Senator SALEEBY)

H. 3317 -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator ROSE proposed the following amendment (JUD3317.001), which was adopted:

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

/SECTION   1.   Chapter 1, Title 23 of the 1976 Code is amended by adding:

"Section 23-1-220.   (A)   For purposes of this subsection:

(1)   'Governmental entity' means the State or any of its political subdivisions;

(2)   'Law enforcement officer' means a law enforcement officer as defined in Section 23-6-400(D)(1).

(B)   If a governmental entity subsequently employs, as a permanent employee, a law enforcement officer who successfully completed the training required by Section 23-6-430 while employed by another governmental entity, the governmental entity that subsequently hires the officer must reimburse the governmental entity that employed the officer during the training period:

(1)   one hundred percent of the cost of the officer's salary paid during the training period if the officer is hired within one year of the date of successful completion of the training; or

(2)   fifty percent of the cost of the officer's salary paid during the training period if the officer is hired after one year but before the end of the second year after the date of successful completion of the training.

(C)   If the law enforcement officer is employed by another governmental entity more than two years after the date of successful completion of the training, the governmental entity which employed the officer during the training period shall not be reimbursed for the cost of the officer's salary paid during the training period.

(D)   If the law enforcement officer is employed by more than one successive governmental entity within the two-year period after the date of successful completion of the training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:

(1)   one hundred percent of the cost of the officer's salary paid during the time of training if the successive governmental entity employer hires the officer within one year of the date of successful completion of the training; or

(2)   fifty percent of the cost of the officer's salary paid during the time of training if the successive governmental entity employer hires the officer after one year but before the end of the second year after the date of successful completion of the training.

(E)   Under no circumstances shall the governmental entity that employed the officer during the time of training or a governmental entity seeking reimbursement from a successive governmental entity employer be reimbursed for more than one hundred percent of the cost of the officer's salary during the training period."

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

Amend title to conform.

Senator ROSE explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator ROSE, with unanimous consent, H. 3317 was ordered to receive a third reading on Thursday, May 15, 1997.

H. 4090 -- Rep. Tripp: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THE REEDY RIVER ON LOG SHOALS ROAD, BETWEEN NEELEY FERRY ROAD AND FORK SHOALS ROAD IN GREENVILLE COUNTY, IN HONOR OF W. M. AND MABEL RIDDLE AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.

On motion of Senator BRYAN, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.

Senator SETZLER proposed the following amendment (3595R001.NGS):

Amend the bill, as and if amended, page 2, line 42, continuing on page 3, lines 1 and 2 by deleting the following:

/with a member except with the approval of the governing body of each such member, by resolution or ordinance of the governing body of each such member;. provided However, that the requirements of/

and inserting in lieu thereof the following:

/with a member except with the approval of at least two-thirds of the governing body bodies of each the member members, by resolution or ordinance of the approving governing body of each member; provided. However, that the requirements of/

Amend title to conform.

On motion of Senator RYBERG, the Bill was carried over.

The following Bill was carried over:

H. 3063 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Stille, Cotty, Witherspoon, Seithel, Bailey, Walker, Altman, Whatley, Kirsh, Young-Brickell, Sandifer, Wilkes, Simrill, Robinson, Stuart, Harrell, Riser, Gamble, Littlejohn and J. Smith: A BILL RATIFYING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE; AND RATIFYING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.

On motion of Senator MATTHEWS, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senators SALEEBY and LAND proposed the following Amendment No. 8 (JUD0174.012), which was tabled:

Amend the committee report, as and if amended, page [174-6], beginning on line 4, in Section 56-1-286(N), as contained in SECTION 1, by striking subsection (N) in its entirety and inserting therein the following:

/(N)   (1) If an individual is employed or enrolled in a school, college, or university at any time while his privilege to drive is restricted by an order of restriction under this section, he may apply for a restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of restriction. If an individual is employed or enrolled in a school, college, or university at any time while his privilege to drive is suspended by an order of suspension under this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the restricted driver's license or special restricted driver's license only upon showing by the individual that he is employed or enrolled in a school, college, or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education.

(2)   If the department issues a restricted driver's license or special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3)   The fee for each restricted driver's license or special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.

(4)   A person shall not drive a motor vehicle on a public highway of this State outside the time limits and route imposed under this section by an order of restriction or restricted license. A person convicted of driving outside of restriction must be fined two hundred dollars.

(5)   The driving of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued the license is a violation of Section 56-1-460./.

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator GIESE argued contra to the adoption of the amendment.

Senator GIESE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Courson                   Courtney                  Drummond
Fair                      Giese                     Hayes
Lander                    Martin                    McGill
Mescher                   Moore                     O'Dell
Peeler                    Reese                     Russell
Ryberg                    Setzler                   Smith, J. Verne
Thomas                    Wilson                    

Alexander                 Anderson                  Elliott
Holland                   Jackson                   Land
Matthews                  McConnell                 Passailaigue
Patterson                 Rankin                    Ravenel
Rose                      Saleeby                   Waldrep
Washington                Williams                  

The amendment was laid on the table.

Senator McCONNELL proposed the following Amendment No. 9 (JUD174.020), which was adopted:

Amend the committee report, as and if amended, page [174-3], beginning on line 2, in Section 56-1-286(D), as contained in SECTION 1, by striking lines 2 and 3 in their entirety and inserting therein the following:

/officer must provide reasonable assistance to the person to contact and obtain a qualified person to conduct additional tests. Failure to provide reasonable assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial proceeding./

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

Senator MARTIN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Courson                   Fair
Giese                     Gregory                   Hayes
Lander                    Martin                    Mescher
Rankin                    Russell                   Ryberg
Wilson                    

Anderson                  Bryan                     Cork
Courtney                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Land                      Matthews
McConnell                 McGill                    Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Ravenel                   Reese
Rose                      Saleeby                   Setzler
Thomas                    Waldrep                   Washington
Williams                  

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

Senator MARTIN argued contra to the adoption of the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 10 (JUD0174.021), which was adopted:

Amend the committee report, as and if amended, page [174-5], in Section 56-1-286(J), as contained in SECTION 1, by inserting after line 21 a new paragraph to read:

/Nothing in this section prohibits the introduction of competent evidence at the hearing on the issue of the accuracy of the breath test result./

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senator HUTTO proposed the following Amendment No. 11 (JUD0174.016), which was adopted:

Amend the committee report, as and if amended, page [174-5], beginning on line 27, in Section 56-1-286, as contained in SECTION 1, by striking lines 27 and 28 in their entirety and inserting therein the following:

/the Administrative Procedures Act. A person has a right to judicial review pursuant to the Administrative Procedures Act and the court may order a stay of the order of suspension pursuant to Section 1-23-380./.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Senator HUTTO proposed the following Amendment No. 12 (JUD0174.029), which was adopted:

Amend the committee report, as and if amended, beginning on page [174-5], beginning on line 42, in Section 56-1-286, as contained in SECTION 1, by striking line 42 on page [174-5] and lines 1 through 3 on page [174-6] in their entirety and inserting therein the following:

/evidence. A person who obtains additional tests must promptly furnish a copy of the time, method, and results of any additional tests to the officer before any proceeding in which the person attempts to use the results of the additional tests as evidence./.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Senator HUTTO proposed the following Amendment No. 13 (JUD174.018), which was adopted:

Amend the committee report, as and if amended, page [174-1], beginning on line 27, in Section 56-1-286, as contained in SECTION 1, by striking lines 27 through 33 in their entirety and inserting therein the following:

/"Section 56-1-286.   (A)   In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for a violation of Section 20-7-370 or 56-5-2930 arising from the same incident./.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, THOMAS and RANKIN proposed the following Amendment No. 14 (174R013.JCL):

Amend the report of the Committe on Judiciary, as and if amended, by adding appropriately numbered new SECTIONS:

/SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-175.   (A)   The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)   held a beginner's permit for at least ninety days;

(2)   passed a driver's education course as defined in subsection (D);

(3)   passed successfully the road tests or other requirements the department may prescribe; and

(4)   satisfied the school attendance requirement contained in Section 56-1-176.

(B)   A provisional driver's license is valid only in the operation of:

(1)   vehicles during daylight hours. During nighttime hours, but no later than midnight and no earlier than six a.m., the holder of a provisional driver's license must be accompanied by a licensed adult, twenty-one years of age or older;

(2)   a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D)   A driver's training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85."

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:

(1)   has a high school diploma or certificate, or a General Education Development Certificate; or

(2)   is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:

(a)   the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-23-87.   A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."

SECTION   ___.   Section 56-1-30(4) of the 1976 Code is amended to read:

"(4)   Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."

SECTION   ___.   Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1)   who is under sixteen seventeen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

SECTION   ___.   Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:

"Section 56-1-50.   (A)   A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

(B)   The permit is valid only in the operation of:

(1)   vehicles during the daylight hours;

(2)   motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.

(D)   A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.

(E)   The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

(1)   a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and

(2)   Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

(F)   A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.

(G)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."

SECTION   ___.   Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-130.   (A)   The 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 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 shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B)   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.

(C)   A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed 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. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of 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 overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

SECTION   ___.   Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:

"Section 56-1-180.   (A)   The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.

(B)   The special restricted driver's license is valid only under the following conditions in the operation of:

(1)   in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, no later than midnight and no earlier than six a.m., the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. This restriction may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a)   employment or the opportunity for employment;

(b)   travel between the licensee's home and place of employment or school; or

(c)   travel between the licensee's home or place of employment and vocational training;

(2)   in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3)   in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(D)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."

SECTION   ___.   Section 56-1-185 of the 1976 Code is amended to read:

"Section 56-1-185.   (A)   Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.

(B)   A person while operating a motor vehicle under a beginner's permit, provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

SECTION   ___.   This act takes effect upon approval by the Governor and applies to a person applying for a beginner's permit, provisional or restricted driver's license or regular motor vehicle driver's license after December 31, 1997. A person, who upon the effective date of this act, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on December 31, 1997. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise effect his driving privilege./

Amend title to conform.

Senator LAND argued in favor of the adoption of the amendment.

Senator LEATHERMAN asked unanimous consent to make a motion to amend the amendment as follows:

By striking subitem (1) of Section 56-1-40 as contained in Section 5 of Amendment No. 14 and inserting in lieu thereof the following:

"(1)   who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver does not have any traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;".

There was no objection and the amendment was amended as follows:

Senators LAND, THOMAS and RANKIN proposed the following Amendment No. 14A (174R014A.JCL):

Amend the report of the Committe on Judiciary, as and if amended, by adding appropriately numbered new SECTIONS:

/SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-175.   (A)   The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)   held a beginner's permit for at least ninety days;

(2)   passed a driver's education course as defined in subsection (D);

(3)   passed successfully the road tests or other requirements the department may prescribe; and

(4)   satisfied the school attendance requirement contained in Section 56-1-176.

(B)   A provisional driver's license is valid only in the operation of:

(1)   vehicles during daylight hours. During nighttime hours, but no later than midnight and no earlier than six a.m., the holder of a provisional driver's license must be accompanied by a licensed adult, twenty-one years of age or older;

(2)   a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D)   A driver's training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85."

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:

(1)   has a high school diploma or certificate, or a General Education Development Certificate; or

(2)   is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:

(a)   the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-23-87.   A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."

SECTION   ___.   Section 56-1-30(4) of the 1976 Code is amended to read:

"(4)   Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."

SECTION   ___.   Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1)   who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver does not have any traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

SECTION   ___.   Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:

"Section 56-1-50.   (A)   A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

(B)   The permit is valid only in the operation of:

(1)   vehicles during the daylight hours;

(2)   motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.

(D)   A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.

(E)   The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

(1)   a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and

(2)   Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

(F)   A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.

(G)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."

SECTION   ___.   Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-130.   (A)   The 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 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 shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B)   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.

(C)   A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed 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. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of 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 overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

SECTION   ___.   Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:

"Section 56-1-180.   (A)   The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.

(B)   The special restricted driver's license is valid only under the following conditions in the operation of:

(1)   in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, no later than midnight and no earlier than six a.m., the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. This restriction may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a)   employment or the opportunity for employment;

(b)   travel between the licensee's home and place of employment or school; or

(c)   travel between the licensee's home or place of employment and vocational training;

(2)   in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3)   in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(D)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."

SECTION   ___.   Section 56-1-185 of the 1976 Code is amended to read:

"Section 56-1-185.   (A)   Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.

(B)   A person while operating a motor vehicle under a beginner's permit, provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

SECTION   ___.   This act takes effect upon approval by the Governor and applies to a person applying for a beginner's permit, provisional or restricted driver's license or regular motor vehicle driver's license after December 31, 1997. A person, who upon the effective date of this act, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on December 31, 1997. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise effect his driving privilege./

Amend title to conform.

Senator LAND continued arguing in favor of the adoption of Amendment No. 14A.

Senator LAND moved that the amendment be adopted.

Senator SETZLER made a Parliamentary Inquiry as to whether or not the amendment was divisible.

The PRESIDENT stated that the amendment was divisible.

Senator SETZLER moved under Rule 18 to divide the question and the individual parts were considered as follows:

Amend the report of the Committee on Judiciary, as and if amended, by adding appropriately numbered SECTION to read:

/SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-175.   (A)   The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1)   held a beginner's permit for at least ninety days;

(2)   passed a driver's education course as defined in subsection (D);

(3)   passed successfully the road tests or other requirements the department may prescribe; and

(4)   satisfied the school attendance requirement contained in Section 56-1-176.

(B)   A provisional driver's license is valid only in the operation of:

(1)   vehicles during daylight hours. During nighttime hours, but no later than midnight and no earlier than six a.m., the holder of a provisional driver's license must be accompanied by a licensed adult, twenty-one years of age or older;

(2)   a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D)   A driver's training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85."

The question then was the adoption of Part I of Amendment No. 14A.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Giese                     Glover                    Gregory
Hayes                     Hutto                     Jackson
Land                      Lander                    Leatherman
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Rose                      Russell
Ryberg                    Saleeby                   Setzler
Smith, J. Verne           Thomas                    Waldrep
Washington                Williams                  Wilson

Ford                      

Part I of Amendment No. 14A was adopted.

The question then was the adoption of Part II of Amendment No. 14A:

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:

(1)   has a high school diploma or certificate, or a General Education Development Certificate; or

(2)   is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:

(a)   the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b)   the person is not suspended or expelled from school.

(B)   Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

SECTION   ___.   The 1976 Code is amended by adding:

"Section 56-23-87.   A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."

SECTION   ___.   Section 56-1-30(4) of the 1976 Code is amended to read:

"(4)   Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."

SECTION   ___.   Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1)   who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver does not have any traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

SECTION   ___.   Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:

"Section 56-1-50.   (A)   A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.

(B)   The permit is valid only in the operation of:

(1)   vehicles during the daylight hours;

(2)   motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.

(D)   A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.

(E)   The following persons are not required to obtain a beginner's permit to operate a motor vehicle:

(1)   a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and

(2)   Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.

(F)   A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.

(G)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."

SECTION   ___.   Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-130.   (A)   The 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 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 shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B)   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.

(C)   A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed 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. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of 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 overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

SECTION   ___.   Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:

"Section 56-1-180.   (A)   The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.

(B)   The special restricted driver's license is valid only under the following conditions in the operation of:

(1)   in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, no later than midnight and no earlier than six a.m., the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. This restriction may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a)   employment or the opportunity for employment;

(b)   travel between the licensee's home and place of employment or school; or

(c)   travel between the licensee's home or place of employment and vocational training;

(2)   in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and

(3)   in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C)   The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(D)   Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."

SECTION   ___.   Section 56-1-185 of the 1976 Code is amended to read:

"Section 56-1-185.   (A)   Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.

(B)   A person while operating a motor vehicle under a beginner's permit, provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

SECTION   ___.   This act takes effect upon approval by the Governor and applies to a person applying for a beginner's permit, provisional or restricted driver's license or regular motor vehicle driver's license after December 31, 1997. A person, who upon the effective date of this act, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on December 31, 1997. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise effect his driving privilege./

Senator LAND spoke on the amendment.

Senator PEELER moved to table PART II.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Cork                      McConnell                 Mescher
Peeler                    Setzler                   Wilson

Alexander                 Anderson                  Bryan
Courson                   Courtney                  Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Hayes                     Hutto                     Jackson
Land                      Lander                    Leatherman
Martin                    Matthews                  McGill
Moore                     O'Dell                    Patterson
Rankin                    Ravenel                   Reese
Rose                      Russell                   Ryberg
Saleeby                   Smith, J. Verne           Thomas
Waldrep                   Washington                Williams

The Senate refused to table Part II of Amendment No. 14A. The question then was the adoption of Part II of Amendment No. 14A.

Senator McCONNELL moved under Rule 18 to divide the question and the individual part was considered as follows:

SECTION ____. Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1)   who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver does not have any traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

Senator BRYAN raised a Point of Order that the motion to divide the question was out of order inasmuch as the section was an integral component of the other sections of Part II of Amendment No. 14A.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator McCONNELL moved to table Section 4 of Part II of Amendment No. 14A.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Cork                      McConnell                 Mescher
O'Dell                    Peeler                    Setzler
Wilson                    

Alexander                 Anderson                  Bryan
Courson                   Courtney                  Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Hayes                     Hutto                     Jackson
Land                      Lander                    Leatherman
Martin                    Matthews                  McGill
Moore                     Patterson                 Rankin
Ravenel                   Reese                     Rose
Russell                   Ryberg                    Saleeby
Smith, J. Verne           Thomas                    Waldrep
Washington                Williams                  

The Senate refused to table Section 4 of Part II of Amendment No. 14A. The question then was the adoption of Section 4 of Part II of Amendment No. 14A.

Senator ELLIOTT asked unanimous consent to make a motion to amend Amendment No. 14A.

Senator SETZLER objected.

Section 4 of Part II of Amendment No. 14A was adopted.

The question then was the adoption of Part II.

Part II was adopted.

Under the provisions of Rule 43, Senator McCONNELL gave notice of a motion to suspend the provisions of Rule 33B.

Senator DRUMMOND, with unanimous consent, was recognized.

Columbia, S.C., May 6, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
Very respectfully,
Speaker of the House

On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3065 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators CORK, GREGORY and HUTTO of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 14, 1997

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Very respectfully,
Speaker of the House

On motion of Senator DRUMMOND, the Senate insisted upon its amendments to H. 3101 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators COURTNEY, GREGORY and HUTTO of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

The Senate resumed consideration of S. 174.

On motion of Senator DRUMMOND, debate on S. 174 was interrupted by adjournment.

On motion of Senators ELLIOTT and RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Fred P. Brinkman, former Executive Director of the S.C. Department of Parks, Recreation and Tourism.

Senator DRUMMOND moved that when the Senate adjourns, it stand adjourned to meet tomorrow, at 10:00 A.M., which motion was adopted.

At 1:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

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