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 a word from St. Matthew about the parable of the talents, Chapter 26:23:
"His Lord said unto him, 'Well done, good and faithful servant; you have been faithful over a few things.'... "
Let us pray.
Dear Lord and Master, as we begin to close out the Second Session of this 112th General Assembly of our beloved State, tidy up our affairs in these temporary quarters in the Plaza, and make plans to pursue our dreams in our beloved renovated and renewed State House next year, we give You our praise, we give You our thanks, and we beseech Your Divine Mercy!
We've invested our talents as best we could... under our current circumstances.
Forgive us for any failures of purpose or lack of achievement.
Bless the good legislation we have passed in the lives of our people.
If we have failed in anything, give us another chance to try again!
In our hearts we pray the ancient prayer: "May the Lord bless us and keep us; and cause His face to shine upon us. May the Lord lift up His countenance upon us, and give us peace, both now and forever more."
Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

At 11:06 A.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.
At 11:15 A.M., a quorum being present, the Senate resumed.

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

May 27, 1998
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

Initial Appointment, Lancaster County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Margaret M. Rock, 9373 Horseshoe Circle, Fort Mill, S.C. 29715 VICE James O. McCorkle

May 28, 1998
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

Reappointment, Calhoun County Board of Voter Registration, with term to commence June 4, 1997, and to expire March 15, 2000:
Ms. Mary T. Rickenbaker, Route 4, Box 125, St. Matthews, S.C. 29135

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Leroy Burgess, Sr., Route 4, Box 200, Kingstree, S.C. 29556

June 1, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments 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, Jasper County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
The Honorable Bobby O. Smith, Route 2, Box 529, Ridgeland, S.C. 29936

June 2, 1998
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

Reappointments, Calhoun County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Catherine Z. Crosby, Post Office Box 234, St. Matthews, S.C. 29135
Mr. Clarence Larrymore, Jr., 208 Upper Muller Street, St. Matthews, S.C. 29135

Reappointment, Chesterfield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable James H. Tilley, Route 2, Box 727, Cheraw, S.C. 29520

Reappointment, Greenville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Don Irvin Hensley, 303 South Weston Street, Fountain Inn, S.C. 29644

Reappointments, Hampton County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Grace B. Bennett, Post Office Box 1319, Varnville, S.C. 29944
Honorable Algernon G. Solomons, Jr., Post Office Box 969, Estill, S.C. 29918

Reappointments, Richland County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Ms. Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205
Ms. Rebecca M. Brown, 8 Crosland Lane, Columbia, S.C. 29223
Ms. Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223
Ms. Elizabeth R. Cromer, 510 South Bonham Road, Columbia, S.C. 29205

June 3, 1998
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

Reappointment, Abbeville County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Carolyn W. Brownlee, 134 Adams Drive, Abbeville, S.C. 29620

Reappointments, Beaufort County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Darlene R. Smith, Post Office Box 4092, Burton, S.C. 29903
Honorable George B. Brown, 215 Stuart Town Road, Beaufort, S.C. 29902
Honorable Rita Ann Simmons, Post Office Box 22895, Hilton Head Island, S.C. 29925
Honorable Charles L. Smith, Post Office Box 840, Bluffton, S.C. 29910

Initial Appointment, Calhoun County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
At-Large:
Ms. Pamela D. Phillips, Post Office Box 671, Cameron, S.C. 29030
VICE Jack Brandenburg

Reappointments, Chesterfield County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Elizabeth E. Burch, Route 1, Box 40, Chesterfield, S.C. 29709
Honorable Gary R. Faulkenberry, Post Office Box 133, Pageland, S.C. 29728
Honorable Wilbert S. Motley, Post Office Box 681, Cheraw, S.C. 29520

Reappointment, Jasper County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Marie C. Rawl, Post Office Box 665, Ridgeland, S.C. 29936

June 4, 1998
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 General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, Anderson-Oconee Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Ellis B. Drew, Jr., Office of the Master-in-Equity, Post Office Box 8002, Anderson, S.C. 29622

At 1:55 P.M., Senator MESCHER requested a leave of absence for Tuesday, June 16, 1998 until Wednesday, June 17, 1998.

Senator LEVENTIS assumed the Chair at 11:36 A.M.

Senator RYBERG rose to a Point of Personal Privilege.

Senator RAVENEL rose to a Point of Personal Privilege.

Senator J. VERNE SMITH rose to a Point of Personal Privilege.

Senator LEVENTIS rose to a Point of Personal Privilege.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE on May 20, 1998, that H. 4577 was violative of Section 2-7-76, S.C. Code of Laws, 1976, as amended, inasmuch as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of the Senate Finance Committee nor when it was passed by the House, and, therefore, the Bill was not properly before the Senate and should be returned to the House of Representatives.
The PRESIDENT overruled the Point of Order.

On motion of Senator PEELER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

The following were received and referred to the appropriate committees for consideration:

Document No. 2248
Promulgated by Department of Revenue
Primary and Substantial Portion (Video Game Machines)
Received by Lt. Governor June 4, 1998
Referred to Senate Committee on Finance
120 day review expiration date October 2, 1998

Document No. 2309
Promulgated by Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
Examinations; Scheduling and Grading
Received by Lt. Governor June 3, 1998
Referred to Senate Committee on Medical Affairs
120 day review expiration date October 1, 1998

Document No. 2312
Promulgated by Department of Labor, License and Regulation - Commissioners of Pilotage
Port of Port Royal - Short Branch Qualification
Received by Lt. Governor June 3, 1998
Referred to Senate Committee on Transportation
120 day review expiration date October 1, 1998

Document No. 2313
Promulgated by Department of Labor, Licensing and Regulation - Commissioners of Pilotage
Port of Georgetown - Short Branch Qualification
Received by Lt. Governor June 3, 1998
Referred to Senate Committee on Transportation
120 day review expiration date October 1, 1998

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.340, S. 12 by a vote of 7 to 2:
(R340) S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 157 -- Senator Passailaigue: A BILL TO PROVIDE FOR APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 1998, BY REAUTHORIZING THE PROVISIONS OF PART I OF ACT 155 OF 1997 EXCEPT AS DELETED, LIMITED, MODIFIED, OR INCREASED BY THE PROVISIONS OF THIS ACT; TO PROVIDE FOR SUPPLEMENTAL APPROPRIATIONS FROM REVENUES AVAILABLE AT THE CLOSE OF FISCAL YEAR 1997-98; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH ANY PROVISION OF THIS ACT ARE SUSPENDED FOR FISCAL YEAR 1998-99.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., April 14, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
1st Congressional District:
Ms. Jessamine D. Griffin, Post Office Box 1188, Pawleys Island, S.C. 29585

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., April 30, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
6th Congressional District:
Ms. Mary T. Williams, 2602 Andover Road, Florence, S.C. 29501

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

Reappointment, Anderson-Oconee Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Ellis B. Drew, Jr., Office of the Master-in-Equity, Post Office Box 8002, Anderson, S.C. 29622

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:

Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:
1st Congressional District:
Mr. Paul G. Campbell, Jr., 150 Loganberry Circle, Goose Creek, S.C. 29445

Very respectfully,
Speaker of the House
Received as information

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500 SO AS TO ALLOW A NONREFUNDABLE CREDIT AGAINST A TAXPAYER'S STATE INCOME TAX LIABILITY FOR A PORTION OF THE TAXPAYER'S CASH INVESTMENT IN A QUALIFIED SOUTH CAROLINA FILM ENTERPRISE, TO PROVIDE DEFINITIONS, AND TO PROVIDE AN ADDITIONAL STATE CORPORATE INCOME TAX CREDIT FOR AMOUNTS INVESTED IN THE CONSTRUCTION OF A MOTION PICTURE PRODUCTION FACILITY IN THIS STATE.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4775 -- Rep. Wilkins: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4801 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5003 -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
And has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

The following were introduced:

S. 1288 -- Senators Land, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BART COX, LONG-TIME LOBBYIST OF THE SOUTH CAROLINA BEER ASSOCIATION, ON LEARNING OF HIS RECENT ILLNESS AND WISHING FOR HIM ALL THE BEST AS HE ENTERS INTO TREATMENT.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1289 -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS FOR ITS ANNUAL MEETING ON WEDNESDAY, NOVEMBER 4, 1998, THURSDAY, NOVEMBER 5, 1998, AND FRIDAY, NOVEMBER 6, 1998, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
The Senate Resolution was adopted.

S. 1290 -- Senator Setzler: A SENATE RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. ALTON E. SALTERS OF WEST COLUMBIA AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.

H. 4398 -- Rep. Bowers: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME AND DESIGNATE THE OVERPASS AT U.S. HIGHWAY 301 AND INTERSTATE 95 IN ORANGEBURG COUNTY TO HONOR THE MEMORY OF FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5191 -- Reps. Neilson, J. Hines, A. Harris, Sheheen, G. Brown, Jennings, Boan, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, 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 AND THANKING THE HONORABLE J. MICHAEL BAXLEY OF DARLINGTON COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING PUBLIC SERVICE AS A LEGISLATOR, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5231 -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 395 IN NEWBERRY COUNTY FROM THE KEMPSON FERRY BRIDGE TO THE BUSH RIVER BRIDGE AS JUDGE WALTER LAKE ROAD IN MEMORY OF THE LATE HONORABLE WALTER LAKE WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS THE FIRST FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT, AS A STATE REPRESENTATIVE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND AS A COMMISSIONER ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5233 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. PEARL FRYAR OF LEE COUNTY FOR HIS CONTRIBUTIONS TO HIS COMMUNITY AND TO THE PALMETTO STATE, AND DESIGNATING JUNE 27, 1998, AS "PEARL FRYAR DAY" IN SOUTH CAROLINA.
Whereas, Mr. Pearl Fryar, a native of Clinton, North Carolina, who has made Bishopville in Lee County his home for the past twenty-two years, has achieved national and international recognition; and
Whereas, Mr. Fryar, who is a self-taught topiary artist, has become known and extremely popular for his lectures and seminars to gardeners all over the United States; and
Whereas, Fryar's Topiary Garden, located in Bishopville, has become a popular tourist attraction for people from all over the United States and abroad; and
Whereas, because of his unique talent, Mr. Fryar has been featured on numerous local, regional, and national television programs. Photographs of his unique topiary garden have appeared in the most prestigious garden magazines in the country. He is in great demand as a speaker and lecturer; and
Whereas, he has been invited to speak at prestigious garden shows in Atlanta, St. Louis, Lexington, Baltimore, New Orleans, Little Rock, Charlotte, and many other places; and
Whereas, Mr. Fryar was commissioned to design a garden at the internationally acclaimed Spoleto Festival in Charleston, along with master ironworker Phillip Simmons. Their Heart Garden remains as a tourist attraction in the heart of the city; and
Whereas, Mr. Fryar was commissioned by the South Carolina State Museum to design and maintain topiary pieces at the entrance to the museum. He was also featured in the museum's Still Worth Keeping art exhibit in 1998; and

Whereas, Mr. Fryar is always willing to donate his time to visitors who come to see his garden and to learn his techniques. He has worked with groups of underprivileged children, serving as a role model for them; and
Whereas, Mr. Fryar's humanitarian ideals have transcended the barriers of race, age, sex, and creed. He inspires others to live in harmony with their fellowman, and he himself serves as a role model of the best of humanity. His artistic influence can be seen throughout Lee County; and
Whereas, we are pleased to have the opportunity to recognize in this special manner such an outstanding South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, commends Mr. Pearl Fryar of Lee County for his contributions to his community and to the Palmetto State and designates June 27, 1998, as "Pearl Fryar Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Mr. Fryar.

Introduced and referred to the Committee on Invitations.

H. 5234 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. ELIZABETH BENTON FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5235 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROSEMARY B. ENGLISH FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5236 -- Reps. McCraw, Phillips, Littlejohn and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. J. GRADY RANDOLPH OF GAFFNEY, PRESIDENT OF J. GRADY RANDOLPH, INC., ON HIS BEING SELECTED BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS THE 1998 MOTOR CARRIER EXECUTIVE OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5239 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. CHARLES "CHUCK" LEOPOLD FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5240 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. PHILLIP C. MUSGRAVE FOR HIS OUTSTANDING LEADERSHIP AND SERVICE TO THE SCHOOL DISTRICT OF EDGEFIELD COUNTY UPON HIS RETIREMENT AS PRINCIPAL OF STROM THURMOND HIGH SCHOOL AND EXTENDING BEST WISHES FOR HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5243 -- Rep. Clyburn: A CONCURRENT RESOLUTION RECOGNIZING THE GOOD BEGINNINGS AND OUTSTANDING FOUNDATION IN EDUCATION PROVIDED BY THE SECOND BAPTIST CHRISTIAN PREPARATORY SCHOOL OF AIKEN TO ITS YOUNG SCHOLARS AND EXTENDING THE FIVE-YEAR OLD KINDERGARTEN GRADUATING CLASS THE HEARTIEST CONGRATULATIONS AND BEST WISHES FOR THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.

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.

On motion of Senator HAYES, with unanimous consent, the Conference Report on S. 174 was taken up for immediate consideration.
Senator HAYES explained the Conference Report.
Senator HUTTO spoke on the Conference Report.
Senator McCONNELL spoke on the Conference Report.

With Senator McCONNELL retaining the floor on S. 174, Senator HAYES asked unanimous consent to make a motion to go through the uncontested Calendar, with the understanding that, when a new Free Conference Report was on the desk or when the Call of the Uncontested Calendar was completed, then the Senate would revert to the consideration of S. 174, with Senator McCONNELL retaining the floor.   There was no objection.

Consideration was interrupted.

S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
The House returned the Bill with amendments.

Senator BRYAN proposed the following amendment (JUD0325.005), which was adopted:
Amend the bill, as and if amended, page 3, line 19, in Section 38-53-10, as contained in SECTION 2, by striking line 19 and inserting therein the following:
/(5)   'Court', unless otherwise specified, means circuit, magistrate's, or municipal court./
Amend the bill further, as and if amended, page 8, line 16, in Section 38-53-90, as contained in SECTION 2, after the word /bondsman/ by striking /, surety bondsman,/.
Amend the bill further, as and if amended, page 8, line 36, in Section 38-53-100, as contained in SECTION 2, after the word /professional/ by striking /or surety/.
Amend the bill further, as and if amended, page 13, line 32, in Section 38-53-180, as contained in SECTION 2, by inserting after the word /professional/ the words /or surety/.
Amend the bill further, as and if amended, page 14, line 7, in Section 38-53-200, as contained in SECTION 2, by inserting after the word /professional/ the words /or surety/.
Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House of Representatives with amendments.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

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

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 5061 -- Rep. G. Brown: A BILL TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
(By prior motion of Senator LAND)

H. 5201 -- Rep. G. Brown: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
(By prior motion of Senator LEVENTIS)

H. 4898 -- Rep. Robinson: A BILL TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MILITARY SERVICE TO BE ESTABLISHED AS CREDITABLE SERVICE ON THE BASIS OF ONE YEAR OF MILITARY SERVICE RATHER THAN TWO YEARS OF MILITARY SERVICE FOR EACH YEAR OF SERVICE ESTABLISHED, TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE AND TO CLARIFY PROVISIONS PROHIBITING THE DUPLICATION OF BENEFITS.
Senator SALEEBY explained the Bill.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of H. 4898.

H. 5117 -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.

H. 4876 -- Rep. Cromer: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.

H. 4916 -- Rep. Boan: A BILL TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, AND TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.

H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
(By prior motion of Senator HOLLAND, with unanimous consent)

H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (5737HTC.98) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Wednesday, June 3, 1998.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 1 was withdrawn.

Senators PASSAILAIGUE, REESE, RANKIN, O'DELL, McCONNELL, WILSON and GIESE proposed the following Amendment No. 2 (4851R002.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   _____.   A.   Section 12-6-1140(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3)   a deduction for retirement income as provided in Section 12-6-1170;"
B.   Section 12-6-1140 of the 1976 Code, as last amended by Section 2, Part II of Act 155 of 1997, is further amended by deleting item (9) which reads:
"(9)   South Carolina taxable income received by a resident individual taxpayer who before or during the applicable taxable year has attained the age of sixty-five. If a married taxpayer eligible for this deduction files a joint federal income tax return with a spouse who is not eligible for this deduction, then their joint income must be allocated between them on a pro-rata basis in the manner the department shall provide."
C.   Section 12-6-1170 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-1170.   (A)(1)   An individual is allowed an annual deduction from South Carolina taxable income for of not more than three thousand dollars of retirement income received as follows:
(1) For taxable years after 1992, and beginning on the first taxable year a taxpayer receives retirement income, the taxpayer may:
(a) deduct up to three thousand dollars of retirement income that is included in South Carolina taxable income; or
(b) irrevocably elect to defer the annual retirement income deduction until the taxable year in which the taxpayer reaches age sixty-five. Beginning in the year in which the taxpayer reaches age sixty-five, the taxpayer may deduct up to not more than ten thousand dollars of retirement income that is included in South Carolina taxable income.
(2) Taxpayers are deemed to have made the election provided in subitem (1)(b) and may deduct up to ten thousand dollars of retirement income included in South Carolina taxable income if:
(a) the taxpayer does not claim a retirement income deduction before the taxable year he reaches age sixty-five; or
(b) the taxpayer reaches age sixty-five before 1994.
(3) As used in this section, all references to age sixty-five apply to taxpayers born before 1943. For taxpayers born in 1943 through 1959, the applicable age for determining the retirement income deduction is age sixty-six and age sixty-seven for taxpayers born after 1959.
(4) (2)   The term 'retirement income', as used in this section subsection, means the total of all otherwise taxable income not subject to a penalty for premature distribution received by the taxpayer or the taxpayer's surviving spouse in a taxable year from qualified retirement plans which include those plans defined in Internal Revenue Code Sections 401, 403, 408, and 457, and all public employee retirement plans of the federal, state, and local governments, including military retirement.
(5)(3)   A surviving spouse receiving retirement income that is attributable to the deceased spouse shall apply this deduction in the same manner that the deduction applied to the deceased spouse. If the surviving spouse also has another retirement income, an additional retirement exclusion is allowed.
(6)(4)   The department shall prescribe the method of making the election to defer the retirement income deduction and may require the taxpayer to provide information necessary for proper administration of this election subsection.
(B)   Beginning for the taxable year during which a resident individual taxpayer attains the age of sixty-five years, the resident individual taxpayer is allowed a deduction from South Carolina taxable income received in an amount not to exceed eleven thousand five hundred dollars reduced by any amount the taxpayer deducts pursuant to subsection (A) not including amounts deducted as a surviving spouse. If married taxpayers eligible for this deduction file a joint federal income tax return, then the maximum deduction allowed is eleven thousand five hundred dollars in the case when only one spouse has attained the age of sixty-five years and twenty-three thousand dollars when both spouses have attained such age."
D.   Notwithstanding the provisions of Section 12-54-85(F) of the 1976 Code relating to the timeliness of claims for refund, for taxable year 1994 only, the period within which such claims are timely filed is extended through April 15, 1999, for taxpayers filing a claim based on their not having made the irrevocable election provided under Section 12-6-1170 of the 1976 Code prior to its amendment by this section.
E.   This part is effective for taxable years beginning after 1997./
Renumber sections to conform.
Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 3 (BBM\9957AC.98), which was withdrawn:
Amend the bill, as and if amended, by deleting SECTION 20 and inserting:
/SECTION   20.   Section 12-37-2810 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2810. As used in this article, unless the context requires otherwise:
(A)   'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service. A motor carriers are further carrier is defined further as being a South Carolina-based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight or persons.
(B) 'Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.
(C)   'Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.
(D)   'Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.
(E)   'Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.
(F)   'Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(G)   'Bus' means every motor vehicle designed for carrying more than sixteen passengers and used for the transportation of persons, for compensation, other than a taxicab or intercity bus."
SECTION   21.   Section 12-37-2820 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2820.   (A)   The Department of Revenue annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the
motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:
(1) Year One     -     .90
(2) Year Two     -     .80
(3) Year Three     -     .65
(4) Year Four     -     .50
(5) Year Five       -     .35
(6) Year Six       -     .25
(7) Year Seven     -     .20
(8) Year Eight     -     .15
(9) Year Nine     -     .10
(B)   'Gross capitalized cost', as used in this section, means the original cost upon acquisition for income tax purposes, not to include taxes, interest, or cab customizing."
SECTION   22.   Section 12-37-2830 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2830.   The value of a motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Revenue based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year."
SECTION   23.   Section 12-37-2840 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2840.   Motor carriers must file an annual property tax return with the Department of Revenue no later than the thirtieth day of June 30 for the preceding calendar year and remit one-half or the entire tax due as stated on the return. If the motor carrier fails to file its return, the department shall issue a proposed assessment which assumes all mileage was within this State. If one-half of the tax is remitted on or before June 30, the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31. If the motor carrier fails to remit tax due pursuant to this section, the department shall issue a notice to the motor carrier demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department of Public Safety, which must may not renew the registrations of the motor vehicles required by this article to be on the property tax return. A twenty-five percent penalty must be added to the property tax due and the tax and penalty must be paid in full by cashier's check, money order, or cash. The penalty required by this section is instead of all other penalties and interest required by law.
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles."
SECTION   24.   Section 12-37-2850 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2850.   The Department of Revenue shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current preceding calendar year and shall publish the average millage for the preceding year by June 1 of each year. The average millage may be increased to cover loss of revenue incurred by the Department of Revenue from not licensing trailers. The taxes assessed must be paid to the Department of Revenue no later than December thirty-first 31 of each year and may be made in two equal installments. Distribution of the taxes paid must be made by the State Treasurer's Office based on the distribution formula contained in Section 12-37-2870."
SECTION   25.   The 1976 Code is amended by adding:
"Section 48-1-82.   Notwithstanding any other provision of law, if certain natural conditions cause or may cause a depression of dissolved oxygen in surface water, at no time and under no circumstances may the department establish, permit, or authorize the quality of the surface waters to be cumulatively lowered more than 0.1 mg/l for dissolved oxygen from point sources or other activities."
SECTION   26.   Sections 1 through 19 and Section 25 of this act take effect upon approval of the Governor and the remaining sections take effect upon approval by the Governor for calendar years beginning after December 31, 1997./
Renumber sections to conform.
Amend title to conform.

Senator LEVENTIS explained the amendment.

On motion of Senator LEVENTIS, with unanimous consent, the amendment was withdrawn.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.
On motion of Senator ELLIOTT, the Joint Resolution was taken up for immediate consideration.

Senator RANKIN proposed the following Amendment No. 1 (5174R001.LAR), which was adopted:
Amend the resolution, as and if amended, by adding an appropriately numbered new section to read:
/SECTION   ___.   (A)   An advisory referendum shall be held at the same time as the 1998 general election in Horry County on the question of whether or not the qualified electors of the county favor nonpartisan elections of the members of the Horry County Board of Education. The advisory referendum for this purpose must be conducted by the election commission of Horry County at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the county and shall publish a second notice thirty days before the advisory referendum. The cost of the advisory referendum shall be paid by the Horry County school system.
(B)   The question put before the qualified electors of the county at the 1998 advisory referendum shall read as follows:
"Do you favor nonpartisan elections of the members of the Horry County Board of Education?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(C)   The results of the 1998 advisory referendum may be considered by the Horry County legislative delegation when deciding whether or not members of the Horry County Board of Education shall be chosen by nonpartisan elections as stipulated in this resolution, but the results of the 1998 advisory referendum shall not require nonpartisan elections of the members of the Horry County Board of Education./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

Senator ELLIOTT proposed the following Amendment No. 2 (5174R002.DE), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/SECTION   _____.   Section 1 of Act 239 of 1983 is amended by adding a new paragraph at the end to read:
"Beginning with the year 1999 the following procedure applies with regard to millage levied for school operating purposes. Beginning in year 1999, the county board in any year may increase the millage levy for school operating purposes by not more than two and one-half mills above that levied for the previous year, after the previous year's levy has been adjusted in the current year for the EFA inflation factor and sufficiently to meet the requirements of Section 59-21-1030 of the 1976 Code, if applicable. Any increase above two and one-half mills, but not exceeding five mills, must first be approved by the county legislative delegation. Any increase above five mills must first be approved by the qualified electors of the district in a referendum called for this purpose by the county board. Millage levied for school bonded indebtedness is considered a separate part from operating millage."/
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 3287 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
On motion of Senator LEATHERMAN, the Bill was carried over.

S. 969 -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.
On motion of Senator BRYAN, the Bill was carried over.

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.

Upon completion of a Call of the uncontested local and statewide Calendar, Senator HAYES, pursuant to a motion adopted earlier, made a motion to take up for immediate consideration the Conference Report on S. 174.

Senator MOORE made a Parliamentary Inquiry as to the order of business subsequent to the consideration of the Conference Report on S. 174.
The PRESIDENT stated that the Senate would proceed to take up the remaining matters in the box subsequent to the consideration of the Conference Report on S. 174.

Senator RYBERG made a Parliamentary Inquiry as to whether the previous motion was to take up for immediate consideration S. 174 following the completion of the uncontested local and statewide Calendar and subsequent to that, the next order of business would be the Interrupted Debate.
Senator McCONNELL spoke on the Parliamentary Inquiry.

Senator THOMAS raised a Point of Order that for the Senate to proceed to consider the remaining items in the box subsequent to the consideration of the Conference Report on S. 174 would be out of order.
Senator MOORE spoke on the Point of Order and stated that because the Conference Report on S. 174 was taken up in the Morning Hour in the box, the Senate would remain in that order of business.
Senator RYBERG spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of the Conference Report on S. 174.

Senator McCONNELL spoke on the report.
Senator HUTTO spoke on the report.

Senator MARTIN assumed the Chair at 1:45 P.M.

Senator HAYES spoke on the report.
Senator PATTERSON spoke on the report.

Consideration was interrupted by recess with Senator PATTERSON retaining the floor.

At 2:00 P.M., with Senator PATTERSON retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 2:17 P.M., the Senate resumed.

At 2:23 P.M., with Senator PATTERSON retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate receded from business until 2:50 P.M.
At 2:53 P.M., the Senate resumed.

At 2:55 P.M., Senator HOLLAND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:00 P.M.
There was no objection and a message was sent to the House accordingly.

S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
The House returned the Bill with amendments.

On motion of Senator HOLLAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.
The House returned the Bill with amendments.

On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
The House returned the Bill with amendments.

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

H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
The House returned the Bill with amendments.

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

H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
The House returned the Bill with amendments.

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

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
The House returned the Bill with amendments.

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

S. 1287 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. J. GRADY RANDOLPH OF GAFFNEY, PRESIDENT OF J. GRADY RANDOLPH, INC., ON HIS BEING SELECTED BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS THE 1998 MOTOR CARRIER EXECUTIVE OF THE YEAR.
Returned with concurrence.
Received as information.

S. 1288 -- Senators Land, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BART COX, LONG-TIME LOBBYIST OF THE SOUTH CAROLINA BEER ASSOCIATION, ON LEARNING OF HIS RECENT ILLNESS AND WISHING FOR HIM ALL THE BEST AS HE ENTERS INTO TREATMENT.
Returned with concurrence.
Received as information.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 3:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R405) S. 331 -- Senator Holland: AN ACT TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.

(R406) S. 477 -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.

(R407) S. 534 -- Senator Hayes: AN ACT TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, TO MAKE THESE FINES OPTIONAL RATHER THAN MANDATORY, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO DETERMINE THE AMOUNT OF THE FINE BASED ON CRITERIA TO BE INCLUDED IN REGULATIONS; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.

(R408) S. 718 -- Senator O'Dell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO ADD SECTION 40-55-120 SO AS TO REQUIRE PSYCHOLOGISTS TO PROVIDE PATIENTS WITH A STATEMENT OF THEIR RIGHTS AND PROCEDURES TO FILE A COMPLAINT; TO ADD SECTION 40-55-190 SO AS TO PROVIDE THAT NO HEALTH INSURER IS REQUIRED TO PROVIDE OR PAY FOR SERVICES AUTHORIZED IN THIS CHAPTER; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REVISE AND FURTHER SPECIFY LICENSURE REQUIREMENTS INCLUDING REQUIRING A DOCTORAL DEGREE IN PSYCHOLOGY AND REMOVING THE PROVISION THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE, SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT, SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR; TO AMEND CHAPTER 75, TITLE 40, RELATING TO PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, SO AS TO REVISE THIS CHAPTER TO CONFORM TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THESE COUNSELORS AND THERAPISTS, AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF PSYCHO-EDUCATIONAL SPECIALISTS.

(R409) S. 757 -- Senators Ravenel and Mescher: AN ACT TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF BOARD MEMBERS OF A SPECIAL PURPOSE DISTRICT, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SECTION DO NOT APPLY TO ELECTIONS OF COMMISSIONERS HELD PURSUANT TO ARTICLE 2, CHAPTER 11, TITLE 6; TO AMEND CHAPTER 11, TITLE 6 BY ADDING ARTICLES 2 AND 15 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE GOVERNING BODY OF A DISTRICT SHOULD BE ELECTED BY POPULAR VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND A PROCEDURE FOR THE DISSOLUTION OF A SPECIAL PURPOSE DISTRICT AFTER A TWO-THIRDS VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN THE REFERENDUM; TO AMEND THE 1976 CODE BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICES; AND TO REQUIRE ALL BOND REFERENDUMS SOUGHT BY A DISTRICT UNDER THIS ACT TO BE VOTED UPON IN GENERAL ELECTIONS.

(R410) S. 758 -- Senator Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, AND TO REQUIRE PROFESSIONAL LICENSURE SUSPENSION OR REVOCATION OF AN OFFENDER.

(R411) S. 778 -- Senator Bryan: AN ACT TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH PUBLIC SAFETY COMMUNICATIONS, SO AS TO DEFINE COMMERCIAL MOBILE RADIO SERVICE AND SO AS TO INCLUDE OTHER DEFINITIONS IN THAT CONNECTION; TO AMEND SECTION 23-47-50, RELATING TO SUBSCRIBER BILLING, SO AS TO PROVIDE FOR A UNIFORM MONTHLY CMRS 911 CHARGE, FOR THE FILING OF A RETURN AND REMITTANCE OF CHARGES COLLECTED TO THE DEPARTMENT OF REVENUE, AND FOR ITS MAINTENANCE BY THE STATE TREASURER IN A SEPARATE FUND FOR DISTRIBUTION ONLY AS AUTHORIZED IN SECTION 23-47-65, AND TO PROVIDE THAT THE CHARGE IS NOT REVENUE OF THE SERVICE SUPPLIER AND IS THE LIABILITY OF THE SERVICE SUBSCRIBER; TO ADD SECTION 23-47-65 SO AS TO CREATE THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE TO ASSIST THE STATE BUDGET AND CONTROL BOARD IN IMPLEMENTING A WIRELESS ENHANCED 911 SYSTEM CONSISTENT WITH FCC DOCKET NUMBER 94-102 AND PROVIDE FOR MEMBERSHIP, TERMS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE, INCLUDING DISTRIBUTION OF MONIES IN A SEPARATE STATE FUND MADE UP OF CMRS 911 CHARGES; TO AMEND SECTION 23-47-70, RELATING TO LIABILITY, SO AS TO LIMIT THE LIABILITY OF A CMRS SERVICE SUPPLIER IN CONNECTION WITH THE PROVISION OF 911 SERVICE AND TO GRANT IMMUNITY TO A CMRS SERVICE SUPPLIER IN CONNECTION WITH RELEASE OF SUBSCRIBER INFORMATION TO A GOVERNMENT AGENCY AS REQUIRED BY LAW; TO ADD SECTION 23-47-75 SO AS TO PROVIDE THAT CMRS LOCATION INFORMATION AND OTHER DATA IN A 911 SYSTEM IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT AND MAY NOT BE DISCLOSED; AND TO PROVIDE FOR OPERATION TO BEGIN AUGUST 1, 1998, AND 911 CHARGES TO BE IMPOSED BEGINNING NOVEMBER 1, 1998.

(R412) S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: AN ACT TO AMEND CHAPTER 18 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA EDUCATION ACCOUNTABILITY ACT OF 1998 TO ESTABLISH STATEWIDE ACADEMIC ACHIEVEMENT STANDARDS AND ASSESSMENTS OF THOSE STANDARDS FOR SCHOOLS, TO PROVIDE ANNUAL REPORT CARDS FOR SCHOOLS WITH A PERFORMANCE INDICATOR SYSTEM, TO REQUIRE DISTRICTS TO ESTABLISH LOCAL ACCOUNTABILITY SYSTEMS, TO PROVIDE SPECIFIED RESOURCES TO IMPROVE STUDENT PERFORMANCE AND TEACHER AND STAFF DEVELOPMENT AND ASSISTANCE, AND TO PROVIDE FOR THE IMPLEMENTATION AND OVERSIGHT OF THE ABOVE PROVISIONS; TO ADD SECTION 59-24-5 SO AS TO PROVIDE FOR LEGISLATIVE FINDINGS IN REGARD TO SCHOOL PRINCIPALS AND THEIR PROFESSIONAL DEVELOPMENT; TO AMEND SECTIONS 59-24-10, 59-24-30, BOTH AS AMENDED, AND 59-24-50, RELATING TO ASSESSMENT OF AND DEVELOPMENT PLANS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR SUCH ASSESSMENTS AND DEVELOPMENT PLANS; TO ADD SECTION 59-24-80 SO AS TO PROVIDE FOR A FORMAL INDUCTION PROGRAM FOR FIRST-YEAR PRINCIPALS; TO ADD SECTION 59-24-15 SO AS TO PROVIDE THAT CERTIFIED EDUCATION PERSONNEL WHO ARE EMPLOYED AS ADMINISTRATORS ON AN ANNUAL OR MULTI-YEAR CONTRACT WILL RETAIN THEIR RIGHTS AS A TEACHER UNDER APPLICABLE EMPLOYMENT, DISMISSAL, AND OTHER PROCEDURES BUT NO SUCH RIGHTS ARE GRANTED TO THE POSITION OR SALARY OF ADMINISTRATOR, AND TO PROVIDE THAT ANY SUCH ADMINISTRATOR WHO PRESENTLY IS UNDER A CONTRACT GRANTING SUCH RIGHTS SHALL RETAIN THAT STATUS UNTIL THE EXPIRATION OF THAT CONTRACT; TO AMEND SECTION 59-6-10, RELATING TO THE SELECT COMMITTEE TO OVERSEE THE EIA, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE "EDUCATION OVERSIGHT COMMITTEE", TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE MANNER IN WHICH ITS MEMBERS ARE SELECTED, AND TO REVISE ITS DUTIES AND FUNCTIONS INCLUDING A REQUIREMENT THAT IT REVIEW AND MONITOR THE EDUCATION ACCOUNTABILITY ACT OF 1998; TO ADD SECTIONS 59-6-100, 59-6-110, AND 59-6-120 SO AS TO ESTABLISH AN ACCOUNTABILITY DIVISION WITHIN THE EDUCATION OVERSIGHT COMMITTEE AND PROVIDE FOR ITS DUTIES, FUNCTIONS, AND RESPONSIBILITIES, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE SHALL APPOINT A TASK FORCE TO REVIEW CURRENT STATE PROGRAMS AND POLICIES FOR PARENT PARTICIPATION IN THEIR CHILDREN'S EDUCATION; TO AMEND SECTION 59-29-10, RELATING TO REQUIRED SUBJECTS OF INSTRUCTION, SO AS TO REQUIRE INSTRUCTION IN PHONICS; TO ADD SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN GRADES ONE THROUGH THREE TO A PUPIL-TEACHER RATIO OF FIFTEEN TO ONE SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, AND TO PROVIDE FOR THE IMPLEMENTATION OF THESE PROVISIONS INCLUDING A PROVISION ALLOWING PORTABLE OR TEMPORARY FACILITIES TO BE USED FROM FUNDING DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROVIDE A COPY OF THIS ACT TO EVERY DISTRICT SCHOOL SUPERINTENDENT AND SCHOOL PRINCIPAL IN THIS STATE; TO REPEAL SECTION 59-6-12 RELATING TO CERTAIN DUTIES AND RESPONSIBILITIES OF THE SELECT COMMITTEE; AND TO REPEAL SECTIONS 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31 RELATING TO SCHOOL QUALITY CONTROLS AND PRODUCTIVITY.

(R413) S. 863 -- Senators Holland, Washington and Short: AN ACT TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.

(R414) S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: AN ACT TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

(R415) S. 893 -- Senators Lander and Reese: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT, AND TO DEFINE THE TYPE OF SOLD OR LEASED DEVICE SUBJECT TO THE EXPRESS WARRANTY, A "MANUFACTURER" FOR PURPOSES OF WARRANTING THE DEVICES, AND A "NONCONFORMITY" THAT TRIGGERS THE PROTECTIONS AND REMEDIES PURSUANT TO THE ACT.

(R416) S. 936 -- Senators J. Verne Smith and Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125 SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.

(R417) S. 981 -- Senator Giese: AN ACT TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REVISE THE EDUCATION AND EXPERIENCE QUALIFICATIONS FOR LICENSURE.

(R418) S. 982 -- Senator Giese: AN ACT TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.

(R419) S. 992 -- Senator Passailaigue: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR THE FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION, AND TO PROVIDE THAT SCHOOL BUSES TRANSPORTING SCHOOL CHILDREN ARE EXEMPT FROM THE PAYMENT OF TOLLS.

(R420) S. 994 -- Senators Short, Jackson and Gregory: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION BY THE STATE BOARD OF FINANCIAL INSTITUTIONS OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES; BY ADDING CHAPTER 41 SO AS TO DEFINE A LEVEL I AND LEVEL II CHECK-CASHING SERVICE AND TO PROVIDE FOR LICENSING AND REGULATING BY THE STATE BOARD OF FINANCIAL INSTITUTIONS OF CHECK-CASHING SERVICES; AND BY AMENDING SECTION 34-29-100, RELATING TO BOOKS AND RECORDS IN CONSUMER FINANCE TRANSACTIONS, SO AS TO ALLOW RETENTION OF RECORDS IN ANY CONFORMING MEDIUM.

(R421) S. 1013 -- Senator Lander: AN ACT TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1998, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA RELATING TO THE DAIRY INDUSTRY, FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS, BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF DAIRY INDUSTRY LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.

(R422) S. 1058 -- Senators Ravenel, Washington and McConnell: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.

(R423) S. 1069 -- Senator Holland: AN ACT TO AMEND ARTICLE 7, CHAPTER 15 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND ABSENTEE VOTING PRECINCTS, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSES OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES TO THE APPLICABLE ELECTION AUTHORITY OVER AN ELECTRONIC MEDIUM USING THE INTERNET, AND TO PROVIDE FOR RELATED MATTERS; TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AUTHORIZED IN SECTION 7-15-455 AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, AS ADDED BY THIS ACT, EFFECTIVE DECEMBER 31, 2000.

(R424) S. 1070 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 SO AS TO PROVIDE A DEFINITION FOR "VEHICLE", TO PROVIDE THAT A PERSON MAY NOT TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT AN OPERATOR MUST BE REIMBURSED FOR FINES, PENALTIES, AND REPAIRS INCURRED PURSUANT TO AN OUT-OF-SERVICE ORDER UNDER CERTAIN CONDITIONS BY A TENDER, TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS, AND TO PROVIDE EXCEPTIONS TO THIS PROVISION FOR RAILROAD OR RAILROAD INTERMODAL CARRIERS AND MOTOR CARRIER OPERATORS.

(R425) S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: AN ACT TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, AND TO INCLUDE BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES; AND TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES SO AS TO INCLUDE FEES WITHHELD FROM EMPLOYEES OF A CLOSED OR REALIGNED FEDERAL DEFENSE SITE OTHER THAN A FEDERAL MILITARY INSTALLATION BEGINNING WITH TAX YEARS AFTER 1998.

(R426) S. 1110 -- Senators McConnell and Saleeby: AN ACT TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF AN INSURANCE CONTRACT BY A PREMIUM SERVICE COMPANY, SO AS TO PROVIDE THAT NOTICE IS SUFFICIENT WHEN IT IS HAND DELIVERED OR MAILED UNDER CERTAIN CONDITIONS; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF INSURANCE FORMS, SO AS TO PROVIDE FOR AN OPTIONAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE RIDER TO A LIFE INSURANCE CONTRACT UPON APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTIONS 38-71-310 AND 38-71-720, BOTH AS AMENDED, BOTH RELATING TO ACCIDENT AND HEALTH INSURANCE, SO AS TO PROVIDE FOR AN OPTIONAL LIFE INSURANCE RIDER TO AN INDIVIDUAL OR GROUP ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY UPON APPROVAL BY THE DIRECTOR; TO AMEND SECTION 38-81-370, AS AMENDED, RELATING TO LEGAL MALPRACTICE JOINT UNDERWRITERS, AND SECTION 38-89-160, AS AMENDED, RELATING TO DAY CARE JOINT UNDERWRITERS, SO AS TO PROVIDE FOR THE MEMBERSHIP AND SELECTION OF MEMBERS OF THE RESPECTIVE ASSOCIATIONS; AND TO REPEAL SECTION 38-3-70 RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, SECTION 38-79-10 RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE, AND SECTION 38-81-10 RELATING TO THE REQUIREMENT THAT LEGAL MALPRACTICE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT.

(R427) S. 1126 -- Senators Leventis and Land: AN ACT TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, AS AMENDED, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, AS AMENDED, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES; AND BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.

(R428) S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.

(R429) S. 1170 -- Banking and Insurance Committee: AN ACT TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.

(R430) S. 1179 -- Senator Drummond: AN ACT TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS, SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.

(R431) S. 1188 -- Senators Passailaigue and McConnell: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.

(R432) S. 1209 -- Senators Giese and Holland: AN ACT TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.

(R433) S. 1212 -- Senators Saleeby and McConnell: AN ACT TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT CREDIT FOR REINSURANCE SHALL BE ALLOWED A DOMESTIC CEDING INSURER AS RESPECTS CESSIONS OF THOSE KINDS OR CLASSES OF BUSINESS WHICH THE ASSUMING INSURER IS LICENSED OR OTHERWISE PERMITTED TO WRITE OR ASSUME IN ITS STATE OF DOMICILE OR, IN THE CASE OF A UNITED STATES BRANCH OF AN ALIEN ASSUMING INSURER, IN THE STATE THROUGH WHICH IT IS ENTERED AND LICENSED TO TRANSACT INSURANCE OR REINSURANCE; AND TO AMEND SECTION 38-9-210, AS AMENDED, RELATING TO REDUCTION FROM LIABILITIES FOR REINSURANCE, SO AS TO, AMONG OTHER THINGS, ADD "ASSET" TO "REDUCTION FROM LIABILITY" WITH RESPECT TO THE REINSURANCE CEDED BY A DOMESTIC INSURER TO AN ASSUMING INSURER NOT MEETING THE REQUIREMENTS OF SECTION 38-9-200 HAVING TO BE ALLOWED IN AN AMOUNT NOT EXCEEDING THE LIABILITIES CARRIED BY THE CEDING INSURER.

(R434) S. 1215 -- Senators Saleeby and McConnell: AN ACT TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "INSURERS REHABILITATION AND LIQUIDATION ACT", FORMAL PROCEEDINGS, AND REINSURER'S LIABILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE DIFFERENT EXCEPTIONS TO THE RULE THAT PAYMENT MADE DIRECTLY TO AN INSURED OR OTHER CREDITOR DOES NOT DIMINISH THE REINSURER'S OBLIGATION TO THE INSURER'S ESTATE, AND PROVIDE, AMONG OTHER THINGS, THAT THE REINSURANCE IS PAYABLE UNDER CONTRACTS REINSURED BY THE ASSUMING INSURER ON THE BASIS OF REPORTED CLAIMS ALLOWED IN THE LIQUIDATION PROCEEDINGS, SUBJECT TO COURT APPROVAL, WITHOUT DIMINUTION BECAUSE OF THE INSOLVENCY OF THE CEDING INSURER.

(R435) S. 1219 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES AND TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION INSTEAD OF THE GOVERNING BODY OF THE COUNTY.

(R436) S. 1233 -- Senator Hutto: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.

(R437) S. 1238 -- Senator Moore: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R438) S. 1248 -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.

(R439) S. 1266 -- Senator Land: AN ACT TO TRANSFER ALL FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE BOARD OF TRUSTEES FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY TO THE CLARENDON COUNTY GOVERNING BODY UNDER CERTAIN CONDITIONS, TO CREATE THE ADVISORY BOARD FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY AND PROVIDE FOR THE COMPOSITION OF THE BOARD, LENGTH OF TERMS OF MEMBERS, MEETINGS OF THE BOARD, AND PROVIDE THAT THE BOARD SHALL PERFORM THOSE DUTIES WITH REGARD TO THE SCHOOL AS DETERMINED BY THE COUNTY GOVERNING BODY, TO PROVIDE FOR THE POWERS OF THE COUNTY GOVERNING BODY WITH REGARD TO THE OPERATION OF THE SCHOOL, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE UPON ENACTMENT OF AN ORDINANCE BY THE COUNTY GOVERNING BODY IN WHICH THE GOVERNING BODY ACCEPTS THE RESPONSIBILITIES PROVIDED IN THIS ACT.

(R440) S. 1271 -- Senators Giese and Patterson: AN ACT TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.

(R441) H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: AN ACT TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES INCLUDING THE ESTABLISHMENT OF PUBLIC AND CONTINUING EDUCATION AND REFERRAL AND EQUIPMENT GUIDELINES, TO REQUIRE THE PROGRAM IN CONJUNCTION WITH THE SOUTH CAROLINA DATA OVERSIGHT COUNCIL TO COLLECT AND ANALYZE DATA AND TO PROVIDE FOR THE RELEASE AND CONFIDENTIALITY OF SUCH DATA; AND TO DESIGNATE SECTIONS 44-61-10 THROUGH 44-61-150 AS ARTICLE 1, CHAPTER 61, TITLE 44 ENTITLED "EMERGENCY MEDICAL SERVICES".

(R442) H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A MASS TRANSPORTATION SYSTEM FOR THE STATE, AND TO PROVIDE FOR THE COMPOSITION AND PURPOSE OF THE COMMITTEE.

(R443) H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: AN ACT TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3510 SO AS TO PROVIDE FOR A NONREFUNDABLE CREDIT IN AN AMOUNT EQUAL TO THIRTY-THREE PERCENT, BUT NOT MORE THAN FIFTEEN THOUSAND DOLLARS, OF A TAXPAYER'S INVESTMENT IN A QUALIFIED MOTION PICTURE PROJECT, PROVIDE FOR A NONREFUNDABLE CREDIT IN AN AMOUNT EQUAL TO THIRTY-THREE PERCENT OF THE VALUE OF A TAXPAYER'S INVESTMENT IN THE CONSTRUCTION OR CONVERSION OR EQUIPPING, OR ANY COMBINATION OF THESE ACTIVITIES, OF A MOTION PICTURE PRODUCTION FACILITY IN SOUTH CAROLINA IN WHICH THE TAXPAYER PURCHASES AN OWNERSHIP INTEREST WITH THE TAXPAYER'S INVESTMENT, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE A REPORT TO THE BOARD OF ECONOMIC ADVISORS OF ALL CREDITS EARNED UNDER SECTION 12-6-3510, AND REQUIRE THE BOARD TO CONDUCT A COST-BENEFIT ANALYSIS OF THESE CREDITS AFTER THE FIRST AND THIRD YEARS THE CREDITS ARE ALLOWED AND REPORT ITS FINDINGS TO THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE; AND TO PROVIDE FOR THE REPEAL OF SECTION 12-6-3510 EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER JUNE 30, 2004.

(R444) H. 3330 -- Rep. Sharpe: AN ACT TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.

(R445) H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: AN ACT TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE PROCEDURES DEFINITIONS, SO AS TO DEFINE ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO SUBPOENAS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL, ON APPLICATION OF A PARTY, ENFORCE, QUASH, OR MODIFY A SUBPOENA; TO AMEND SECTION 1-23-570, RELATING TO RESPONSIBILITY FOR THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE FOR BUDGETARY MATTERS, ASSIGNMENT OF CASES, AND RESPONSIBILITIES OF SUPPORT STAFF; TO AMEND SECTION 1-23-580, RELATING TO SUPPORT STAFF, SO AS TO PROVIDE FOR ADMINISTRATIVE ASSISTANTS FOR ADMINISTRATIVE LAW JUDGES; TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES, SO AS TO PROVIDE FOR PROMULGATION AND REVIEW OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; AND TO AMEND SECTION 1-7-310, RELATING TO SOLICITORS, SO AS TO PROVIDE FOR THE QUALIFICATIONS OF SOLICITORS.

(R446) H. 3605 -- Reps. Sharpe and Harrison: AN ACT TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPT FROM THE RECORDING FEE, SO AS TO EXEMPT DEEDS IN LIEU OF FORECLOSURE AND DEEDS EXECUTED PURSUANT TO FORECLOSURE PROCEEDINGS.

(R447) H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-2-55 SO AS TO REQUIRE A CERTIFIED PUBLIC ACCOUNTANT (CPA) TO ENTER A SEPARATE WRITTEN CONTRACT WITH A CLIENT IN ORDER TO CHARGE A CONTINGENCY FEE OR COMMISSION; TO AMEND SECTION 40-2-30, RELATING TO REQUIREMENTS FOR USING THE TITLE AND DESIGNATION OF "CERTIFIED PUBLIC ACCOUNTANT" AND FOR REPRESENTING AN ENTITY AS A CPA PARTNERSHIP, SO AS TO REVISE THE PARTNERSHIP REQUIREMENTS; TO AMEND SECTION 40-2-190, RELATING TO CERTIFICATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST INCLUDE CERTAIN AUDITING EXPERIENCE AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS IN AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY, SO AS TO PROHIBIT THE BOARD FROM PRESCRIBING A MINIMUM NUMBER OF HOURS IN ACCOUNTING OR AUDITING FOR CONTINUING EDUCATION AND TO REQUIRE THE BOARD TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR NATIONAL ASSOCIATION OF BOARDS OF ACCOUNTANCY STANDARDS FOR FORMS OF PRACTICE, CONTINGENT FEES, AND COMMISSIONS.

(R448) H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: AN ACT TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO INCREASE THE BOARD OF PHYSICAL THERAPY EXAMINERS FROM FIVE TO NINE, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, PROVIDING SANCTIONS FOR TREATING PATIENTS BEYOND THIRTY DAYS WITHOUT A REFERRAL FROM A DOCTOR OR DENTIST OR BEYOND THE SCOPE OF PRACTICE, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY.

(R449) H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: AN ACT TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "ACCESS TO EMERGENCY MEDICAL CARE ACT" SO AS TO PROVIDE THAT PRIOR TO REQUIRING AUTHORIZATION FROM A MANAGED CARE ORGANIZATION FOR MEDICAL TREATMENT AT AN EMERGENCY DEPARTMENT, THE PATIENT MUST BE SCREENED AND ANY EMERGENCY CONDITION STABILIZED; AND TO REQUIRE A MANAGED CARE ORGANIZATION TO INFORM ITS ENROLLEES AND AFFILIATED PROVIDERS OF ITS EMERGENCY MEDICAL CARE SERVICES AND POLICIES, TO PAY FOR THE SERVICES THAT IT INCLUDES IN ITS POLICIES, NOT TO RETROSPECTIVELY DENY OR REDUCE PAYMENTS IF THE EMERGENCY CONDITION WAS LATER DETERMINED NOT TO BE AN EMERGENCY AND TO PROVIDE EXCEPTIONS, AND NOT TO PROHIBIT OR DISCOURAGE THE APPROPRIATE USE OF THE 911 TELEPHONE NUMBER.

(R450) H. 3916 -- Reps. Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and Simrill: AN ACT 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.

(R451) H. 3917 -- Rep. Klauber: AN ACT TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND SHARE OPTIONS, SO AS TO PROVIDE THAT, IN THE CASE OF A PUBLIC CORPORATION, THE TERMS AND CONDITIONS OF RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION OR BY ANY TRANSFEREE OR ANY SUCH HOLDER OR OWNER, OR THAT INVALIDATE OR VOID THE RIGHTS, OPTIONS, OR WARRANTS HELD BY THE HOLDER OR OWNER OR BY THE TRANSFEREE; TO AMEND SECTION 33-7-102, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" , SHAREHOLDERS, AND SPECIAL MEETINGS, SO AS TO PROVIDE FOR THE CASE OF A CORPORATION WHICH IS NOT A PUBLIC CORPORATION OR OF A PUBLIC CORPORATION MAKING ELECTION IN ITS ARTICLES OF INCORPORATION; TO AMEND SECTION 33-7-200, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", VOTING, AND SHAREHOLDERS' LIST FOR MEETING, SO AS TO PROVIDE THAT THE SHAREHOLDERS' LIST MUST BE AVAILABLE FOR INSPECTION BY ANY SHAREHOLDER, BEGINNING IN THE CASE OF CORPORATIONS WHICH ARE NOT PUBLIC CORPORATIONS, ON THE DATE ON WHICH NOTICE OF THE MEETING IS GIVEN FOR WHICH THE LIST WAS PREPARED AND, IN THE CASE OF PUBLIC CORPORATIONS, NOT LATER THAN THE FIFTH BUSINESS DAY FOLLOWING SUCH DATE, IN EITHER CASE, CONTINUING THROUGH THE MEETING; TO AMEND SECTION 33-8-103, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND THE NUMBER AND ELECTION OF DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-10-103, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS BY THE BOARD OF DIRECTORS AND THE SHAREHOLDERS, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-11-104, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND THE MERGER OF A SUBSIDIARY, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-12-101, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", THE SALE OF ASSETS IN THE REGULAR COURSE OF BUSINESS, AND THE MORTGAGE OF ASSETS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PUBLIC CORPORATION, ON THE TERMS AND CONDITIONS AND FOR THE CONSIDERATION DETERMINED BY THE BOARD OF DIRECTORS, MAY TRANSFER ANY OR ALL OF ITS PROPERTY TO A CORPORATION, ALL THE SHARES OF WHICH ARE OWNED BY THE PUBLIC CORPORATION; TO AMEND SECTION 33-13-102, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", DISSENTERS' RIGHTS, AND THE RIGHT TO DISSENT, SO AS TO PROVIDE THAT A SHAREHOLDER IS ENTITLED TO DISSENT FROM, AND OBTAIN PAYMENT OF THE FAIR VALUE OF, HIS SHARES, UPON THE APPROVAL OF A CONTROL SHARE ACQUISITION, IN THE CASE OF A CORPORATION WHICH IS NOT A PUBLIC CORPORATION, AND TO PROVIDE THAT NO DISSENTERS' RIGHTS ARE AVAILABLE FOR SHARES OF ANY CLASS OR SERIES OF SHARES WHICH, AT THE RECORD DATE FIXED TO DETERMINE SHAREHOLDERS ENTITLED TO RECEIVE NOTICE OF A VOTE AT THE MEETING OF SHAREHOLDERS TO ACT UPON THE AGREEMENT OF MERGER OR EXCHANGE, WERE EITHER LISTED ON A NATIONAL SECURITIES EXCHANGE OR DESIGNATED AS A NATIONAL MARKET SYSTEM SECURITY ON AN INTERDEALER QUOTATION SYSTEM BY THE NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.; AND TO AMEND SECTION 33-1-400, RELATING TO DEFINITIONS FOR THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", SO AS TO PROVIDE A DEFINITION FOR "PUBLIC CORPORATION" AND DEFINE IT TO MEAN A CORPORATION, A CLASS OF WHOSE EQUITY SECURITIES ARE REGISTERED WITH A FEDERAL AGENCY UNDER THE SECURITIES EXCHANGE ACT OF 1934 OR A SUCCESSOR ACT.

(R452) H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1998 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITH LIMITATIONS BUT WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS; BY ADDING SECTION 38-71-130 SO AS TO REQUIRE HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS COVERING MASTECTOMY SURGERY TO PROVIDE COVERAGE FOR PROSTHETIC DEVICES AND RECONSTRUCTIVE BREAST SURGERY; AND BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS AND PAP SMEARS AND PROSTATE CANCER EXAMINATIONS, SCREENINGS, AND DIAGNOSTIC LABORATORY WORK.

(R453) H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE AND IF RELEASED NOT LIKELY TO COMMIT ACTS OF SEXUAL VIOLENCE, TO PROVIDE FOR RELEASE PROCEDURES, AND TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF CERTAIN RECORDS AND REPORTS; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO NOTIFICATION TO VICTIMS OF POST-CONVICTION PROCEEDINGS AFFECTING PROBATION, PAROLE, OR RELEASE OF THE OFFENDER, SO AS TO INCLUDE PROCEEDINGS UNDER THE SEXUALLY VIOLENT PREDATOR ACT; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE PRISON SYSTEM TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.

(R454) H. 4439 -- Rep. Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY TO CORPORATIONS DISSOLVED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

(R455) H. 4446 -- Reps. Gamble and Knotts: AN ACT TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY.

(R456) H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BAIT, ASSIST IN BAITING, OR CAUSE TO BE BAITED AN AREA OVER WHICH MIGRATORY BIRDS ARE BEING HUNTED, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.

(R457) H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: AN ACT TO AMEND SECTION 56-1-2030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "GROSS VEHICLE WEIGHT RATING"; TO AMEND SECTION 56-3-115, AS AMENDED, RELATING TO THE PERMITTED USE OF GOLF CARTS ON SECONDARY STREETS AND HIGHWAYS, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH SUCH GOLF CARTS MAY BE USED; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LENGTH OF VEHICLES AND LIMITATIONS ON VEHICLE COMBINATIONS, SO AS TO FURTHER PROVIDE FOR AUTHORIZED LENGTHS OF CERTAIN VEHICLES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO PROVIDE THAT THE LIMITATIONS REGARDING LENGTH OF LOADS DO NOT APPLY TO LOADS OF IRON, STEEL, AND CONCRETE ARTICLES UNDER CERTAIN CONDITIONS, AND TO MAKE A TECHNICAL CORRECTION.

(R458) H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: AN ACT TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION; TO AMEND SECTION 27-16-110, RELATING TO BINGO AND VIDEO POKER FOR PURPOSES OF THE CATAWBA INDIAN CLAIM SETTLEMENT ACT, SO AS TO UPDATE REFERENCES AND CHANGE THE MEASURE OF THE SPECIAL BINGO TAX PROVIDED FOR UNDER THE ACT FROM TEN PERCENT OF GROSS PROCEEDS OF A SESSION TO TEN PERCENT FOR EACH DOLLAR OF FACE VALUE FOR EACH BINGO CARD SOLD; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO BINGO LICENSES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ALLOW CLASS C LICENSES TO USE HARD BINGO CARDS AND PROVIDE THE QUALIFICATIONS OF THE LICENSEE NECESSARY FOR THE DEPARTMENT TO ALLOW THE USE OF HARD CARDS.

(R459) H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.

(R460) H. 4566 -- Reps. Klauber and Scott: AN ACT TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.

(R461) H. 4569 -- Reps. Cato and Gamble: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO INCLUDE IN THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION" THOSE WHO PLACE OR SELL ALL OF THEIR CONVENTIONAL REAL ESTATE MORTGAGE LOANS WITH FEDERALLY INSURED INSTITUTIONS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXPERIENCE OR EDUCATIONAL EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO RAISE FROM FIVE TO TEN YEARS THE PERIOD AFTER WHICH CONVICTION OF CERTAIN OFFENSES A PERSON MAY NOT BE LICENSED AND TO PROVIDE EXCEPTIONS, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO FIVE HUNDRED FIFTY DOLLARS, AND TO ESTABLISH A COMMITTEE TO STUDY WHETHER OR NOT A LICENSING EXAMINATION SHOULD BE REQUIRED FOR MORTGAGE LOAN BROKERS, TO PROVIDE THE COMMITTEE'S MEMBERSHIP AND REQUIRE A REPORT TO THE GENERAL ASSEMBLY BEFORE FEBRUARY 1, 1999.

(R462) H. 4587 -- Reps. Bauer, Knotts, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: AN ACT TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE AT LEAST ONE HOUR TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE, TO PROVIDE THAT SCHOOLS ON VETERAN'S DAY MAY PERMIT STUDENTS TO ATTEND ACTIVITIES TO HONOR VETERANS AT LOCATIONS WITHIN THEIR RESPECTIVE COUNTIES WITH PRIOR PARENTAL CONSENT, AND TO PROVIDE THAT SUCH ATTENDANCE SHALL COUNT AS PART OF THE INSTRUCTIONAL DAY.

(R463) H. 4621 -- Reps. Boan, Knotts and McLeod: AN ACT TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.

(R464) H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.

(R465) H. 4649 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R466) H. 4654 -- Rep. Sharpe: AN ACT TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.

(R467) H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO CLASSES OF BINGO LICENSES, SO AS TO ALLOW CERTAIN CLASS D LICENSEES TO USE HARD BINGO CARDS; AND TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO EXCEPT THE HOLDER OF A CLASS D FAIR BINGO LICENSEE FROM ITS PROVISIONS.

(R468) H. 4735 -- Reps. Boan and Walker: AN ACT TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.

(R469) H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: AN ACT TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF EXOTIC FARM-RAISED DEER BY OFFICIAL FOOD SERVICE ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.

(R470) H. 4767 -- Reps. Young, Harrison and Wilkins: AN ACT TO AMEND SECTION 16-3-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; TO AMEND SECTION 16-3-1525, RELATING TO LAW ENFORCEMENT NOTIFICATION OF VICTIMS AND WITNESSES OF THE ARREST OR DETENTION OF CERTAIN PERSONS ACCUSED OF COMMITTING A CRIME AND BOND AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT DETAINS CERTAIN JUVENILES IS RESPONSIBLE FOR NOTIFYING THE VICTIMS OF CERTAIN PRETRIAL, BOND, AND DETENTION HEARINGS, OR PRETRIAL RELEASES, TO PROVIDE THAT THE ARRESTING AGENCY MUST ATTEMPT TO PROVIDE EACH VICTIM OF EACH CASE FOR WHICH BOND IS BEING DETERMINED OF HIS RIGHT TO ATTEND THE BOND HEARING AND MAKE RECOMMENDATIONS TO THE PRESIDING JUDGE; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO A DETENTION FACILITY'S DUTY TO NOTIFY A VICTIM OF THE RELEASE, ESCAPE, OR TRANSFER OF AN ACCUSED PERSON, SO AS TO REVISE THE NOTIFICATION PROCEDURE AS IT RELATES TO JUVENILE OFFENDERS; TO AMEND SECTION 16-3-1555, RELATING TO EXPERT WITNESS FEES AND THE DISTRIBUTION AND FILING OF VICTIMS' IMPACT STATEMENTS, SO AS TO PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE SEALED UNTIL THE DEFENDANT HAS BEEN ADJUDICATED, FOUND GUILTY, OR PLED GUILTY; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO THE NOTIFICATION OF A VICTIM OF CERTAIN POST-CONVICTION PROCEEDINGS AND THE VICTIM'S RIGHT TO ATTEND, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, THE BOARD OF JUVENILE PAROLE, OR THE DEPARTMENT OF JUVENILE JUSTICE MUST ATTEMPT TO NOTIFY EACH VICTIM WHO HAS INDICATED A DESIRE TO BE NOTIFIED OF CERTAIN POST-CONVICTION PROCEEDINGS; TO PROVIDE FOR THE DISTRIBUTION OF CERTAIN ASSESSMENTS COLLECTED BY THE MAGISTRATE'S, FAMILY, AND MUNICIPAL COURTS, TO PROVIDE FOR THE AUDITING OF RECORDS OF CERTAIN COLLECTIONS OF ASSESSMENTS AND DISBURSEMENTS BY THE COUNTY TREASURERS, CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS BY THE STATE AUDITOR TO DETERMINE WHETHER THE ASSESSMENTS ARE PROPERLY COLLECTED AND REMITTED TO THE STATE TREASURER, AND TO PROVIDE FOR THE SUBMISSION OF THE AUDIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 14-1-211, RELATING TO THE GENERAL SESSIONS COURT SURCHARGE, SO AS TO REVISE THE LIST OF ACTIVITIES THAT MAY BE FUNDED BY THE SURCHARGE; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; AND TO AMEND SECTION 20-7-8320, RELATING TO THE CONDITIONAL RELEASE OF A JUVENILE FROM A CORRECTIONAL SCHOOL, SO AS TO MAKE A TECHNICAL CHANGE, TO REVISE THE AGE OF A JUVENILE WHEN HIS CONDITIONAL RELEASE MAY EXPIRE, AND TO REVISE THE CONDITIONS THAT MAY BE IMPOSED UPON A CONDITIONAL RELEASE.

(R471) H. 4775 -- Rep. Wilkins: AN ACT TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.

(R472) H. 4785 -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT, EXCEPT IN THE CASE OF A WRITTEN AGREEMENT ENTERED INTO BEFORE JULY 1, 1998, WHICH DID NOT SPECIFY THOSE EVENTS IN THAT AGREEMENT OR IN AN AMENDED AGREEMENT ENTERED INTO AFTER JULY 1, 1998.

(R473) H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-17-1010, AS AMENDED, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.

(R474) H. 4801 -- Rep. Boan: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION, TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT, AND TO EXEMPT, AS OF JUNE 28, 1999, THE SALE OF DRUGS USED IN THE TREATMENT OF CANCER, LYMPHOMA, LEUKEMIA, OR RELATED DISEASES.

(R475) H. 4822 -- Rep. Jennings: AN ACT TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.

(R476) H. 4837 -- Reps. Cave and Rhoad: AN ACT TO REQUIRE BEFORE JANUARY 1, 1999, THE BARNWELL COUNTY ELECTION COMMISSION TO RECOMMEND TO THE BARNWELL COUNTY LEGISLATIVE DELEGATION A PLAN TO GEOGRAPHICALLY REDEFINE THE BOUNDARIES OF THOSE PRECINCTS IN BARNWELL COUNTY WHICH ARE IDENTICAL; AND TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.

(R477) H. 4841 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R478) H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R479) H. 4844 -- Rep. G. Brown: AN ACT TO PROVIDE FOR ELECTION OF THE LEE COUNTY BOARD OF EDUCATION CHAIRMAN AND VICE CHAIRMAN AT THE BOARD'S REGULAR JANUARY MEETING AND TO MAKE THE APPLICATION OF THIS PROVISION RETROACTIVE.

(R480) H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R481) H. 4870 -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MUST BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO PROHIBIT ISSUANCE OF A PERMANENT MINIBOTTLE LICENSE UNTIL INTERESTED PERSONS HAVE BEEN HEARD.

(R482) H. 4876 -- Rep. Cromer: AN ACT TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.

(R483) H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION; SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R484) H. 4883 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO BOXING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2273, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R485) H. 4886 -- Reps. Sharpe and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH CROSSBOWS MAY BE USED BY CERTAIN PERSONS IN THE HUNTING AND TAKING OF GAME.

(R486) H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.

(R487) H. 4947 -- Reps. Pinckney, Mullen and Rodgers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-143 AND 50-21-144 SO AS TO CREATE A NO-WAKE ZONE, RESPECTIVELY, ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY AND ON A PORTION OF CAT CREEK.

(R488) H. 4949 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF NECESSITY AND REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE, TO AUTHORIZE A BOND OR OTHER SECURITY, AND TO PROVIDE IMMUNITY FROM LIABILITY.

(R489) H. 4983 -- Rep. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.

(R490) H. 4991 -- Rep. Baxley: AN ACT TO AMEND SECTION 56-5-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT TRAFFIC ACCIDENT REPORTS SHALL NOT BE REFERRED TO IN ANY WAY OR USED AS EVIDENCE OF NEGLIGENCE OR DUE CARE AT TRIALS REGARDING SUCH ACCIDENTS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY REFER TO THESE REPORTS WHEN TESTIFYING IN ORDER TO REFRESH THEIR RECOLLECTION OF EVENTS.

(R491) H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R492) H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R493) H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R494) H. 5015 -- Reps. Battle, M. Hines, J. Hines, McGee, McKay and Kinon: AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.

(R495) H. 5061 -- Rep. G. Brown: AN ACT TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

(R496) H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.

(R497) H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R498) H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R499) H. 5117 -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R500) H. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R501) H. 5143 -- Rep. Fleming: AN ACT TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.

(R502) H. 5150 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R503) H. 5201 -- Rep. G. Brown: AN ACT TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF THE CHAIRMAN AND VICE CHAIRMAN AT ITS REGULAR MEETING IN JANUARY, TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD, AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.

Pursuant to an earlier motion by Senator PEELER, the Senate agreed to go into Executive Session.
On motion of Senator DRUMMOND, the seal of secrecy was removed and the Senate resumed.

H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 3563 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Chapter 19 of Title 40 of the 1976 Code is amended to read:

Section 40-19-10.   As used in this chapter:
(1) "Board" means the South Carolina State Board of Funeral Service.
(2) "Practice of funeral service" means (a) engaging in providing shelter, care, and custody of the human dead; (b) the practice of preparing the human dead by embalming or other methods for burial or other disposition; (c) arranging for the transportation of the human dead; (d) making arrangements at or prior to the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; (e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
(3) "Funeral home", "funeral establishment", or "mortuary" means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:
(a) A chapel or parlor in which funeral services may be conducted.
(b) A preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.
(c) A room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.
(d) At least one motor hearse for transporting casketed human remains.
(4) A "branch funeral home" means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities or sales room or both.
(5) A "chapel" means a separate facility from the parent funeral home that has only layout or chapel facilities or both but does not have embalming facilities or a sales room.
(6) "Embalming" means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(7) "Funeral merchandise" means that personal property used in connection with the transportation, conduct of funerals, and final disposition of a dead human body, including, but not limited to, the receptacle into which the body is directly placed but does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(8) "Funeral service" or "funeral" means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(9) "Memorial service" means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(10) "Disposition" means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation.
(11) "Graveside service" means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(12) "Arrangements" means advising, counseling, and planning for a funeral or graveside service.
(13) "Cremation" or "calcination" means the reduction of the dead body by intense heat to residue.
(14) "Advertisement" means the publication, dissemination, circulation, or placing before the public, any announcement or statement in a newspaper, magazine, or other publication, in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or over any radio or television, but does not include funeral or death notices and obituaries.
(15) "Apprentice" means a person who is preparing to become licensed for the practice of funeral service under the supervision and instruction of a person licensed for the practice in this State, and who is registered with the Board according to provisions of Section 40-19-120.
(16) "Secretary" means an executive secretary employed by the Director of the Department of Labor, Licensing, and Regulation pursuant to Section 40-73-15.
(17) "Inspector" means an inspector employed by the Board.
(18) "Crematory" means an establishment in which the dead human body is reduced to residue by intense heat. Each establishment shall obtain a permit from the Board and must be managed by a funeral director.
(19) "Funeral director" means a person licensed by the Board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(20) "Embalmer" means a person licensed by the Board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method, and includes the restoration or attempted restoration of the appearance of the dead human body.
Section 40-19-20.   There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify, except that of the eleven members of the Board initially appointed under this Section three members shall serve one year, four shall serve two years, and four shall serve three years as determined by lot at the first meeting of the reconstituted Board. Two members must be public members not connected with any funeral service establishment. The South Carolina Funeral Directors Association may recommend six nonpublic members, and the South Carolina Morticians Association may recommend three nonpublic members. Any individual or private or public group or organization may also make recommendations concerning appointments to the Board. All recommendations must be made before the second of July in each year the term of office of a member of the Board expires. Appointments by the Governor are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired term. The Board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies to permit prompt recommendations to fill the vacancies.
Except for the public members appointed to the Board, all members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment. All members of the Board must have been residents of this State for not less than five years preceding the date of their appointment.
No member is eligible for immediate reappointment to the Board after having served one full three-year term, but the member is eligible for reappointment to the Board three years from the date he completed his last service as a member. Board members shall remain in office until their successors are appointed and qualify.
Section 40-19-30.   The members of the Board, before entering upon their duties, shall take the oath of office prescribed for other state officers. If a board member is disqualified and his absence results in the lack of a quorum, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall meet the same qualifications as the member he is replacing, and shall take the same oath as required of other members of the Board.
Section 40-19-40.   The Governor may remove from office any member of the Board for physical or mental incapacity, wilful negligence of duty, or conviction of a crime of moral turpitude. No member may be removed without first giving him an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed.
Section 40-19-50.   The Board shall hold not less than one meeting every twelve months for the purpose of examining applications for licenses. Meetings must be held at a time and place as the Board may determine after notice has been given to the public at least thirty days prior to a meeting in a manner to be determined by the Board. The Board may hold other meetings for other purposes as it may consider necessary. A majority of the members of the Board constitutes a quorum.
Section 40-19-60.   The Board shall select a president, vice president, and a secretary-treasurer.
The members of the Board shall receive no salary but are allowed the usual mileage, subsistence, and per diem provided by law for state commissions, committees, and boards.
Section 40-19-70.   The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, shall employ an executive secretary and an inspector, both of whom must be licensed embalmers and funeral directors with not less than five consecutive years actual experience as a licensee under this chapter. The secretary and inspector shall receive an annual salary and necessary travel and other incidental expenses as are incurred in the performance of their duties.
The inspector is responsible to the board for field inspection and enforcement of the other provisions of this chapter. The secretary is responsible for dissemination of information relating to the practice of funeral service and procedures for inquiries and registration of complaints. He shall maintain a record of the name and business address of every person to whom licenses have been granted, the number and date of each license, and the date of each renewal. He shall supply on request to any person licensed for the practice of funeral service a list of all persons holding a valid license under this chapter, their business address, the number of their license, and a copy of all state laws and regulations relating to the practice of funeral service.
The secretary shall maintain a record of public complaints or allegations concerning licensees and the disposition of complaints.
The secretary shall prepare and have printed all necessary forms used in connection with operations of the board.
The secretary or the inspector may serve and execute any process issued by the board or any court or an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 and shall perform any other duties ordered by the Director of the Department of Labor, Licensing, and Regulation.
Section 40-19-80.   The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ clerical assistants and employees as may be necessary to carry out the provisions of this chapter. The terms and conditions of this employment must be determined by the Director of the Department of Labor, Licensing, and Regulation and applicable state law. The board, when legal services are necessary, must be represented by the Office of the Attorney General.
Section 40-19-90.   The Board is authorized to promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include regulations regarding the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.
The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary who has been licensed for thirty or more years or who has attained the age of sixty years. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. The board shall develop a continuing education program to require each affected licensee to receive a minimum of three credit hours annually to sustain competency and to remain current.
Section 40-19-100.   (A) No person may be issued a license as an embalmer unless he:
(I) is at least eighteen years of age;
(ii) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion;
(iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board;
(v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B) No person may be issued a license as a funeral director unless he:
(I) is at least eighteen years of age;
(ii) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(iii) has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college;
(iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(2) Each applicant for a license must be examined on subjects as are prescribed by the Board. The examination shall be by a standardized written test and the passing grade shall be established by regulation of the Board.
All applications for examination must be upon forms furnished by the Board and must be accompanied by a fee determined by the Board. The applications must be filed at least thirty days prior to the date of the examination.
(3) Any person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to those existing in this State may, upon establishing residence in this State, apply for a license to practice in this State by filing with the executive secretary of the Board a certified statement from the secretary of the examining board of the state or territory in which the applicant holds his license, showing the basis upon which the license was granted, together with his recommendation. If the Board finds that the applicant has fulfilled substantially similar requirements, the Board shall grant a license upon receipt of a fee as fixed by the Board and upon satisfying it that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(4) Any embalmer licensed to embalm under the laws of another state, who has held a valid license of the state for a period of at least five years is authorized by license to practice embalming in this State at a designated funeral home in this State under the supervision and guidance of a funeral director licensed under the laws of South Carolina upon application of the director and payment of a fee prescribed by the Board. The Board has the authority to suspend the license upon request of the employing funeral director, or upon its own right.
(5) No license may be issued or renewed for a period exceeding one year, and all licenses and renewals shall expire on the thirtieth day of June unless sooner revoked and cancelled. The date of expiration may be changed by unanimous consent of the Board and upon ninety days' written notice of the change to all persons licensed by the Board.
(6) Any person holding a license under this chapter may have his license renewed for a one-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the Board and payment of a renewal fee as fixed by the Board. Any person who fails to have his license renewed may, at the discretion of the Board, have it renewed by making application and appearing before the Board and paying a renewal and revival fee to be fixed by the Board. The license of any licensee who is actively engaged in the military service of the United States may, at the discretion of the Board, be held in abeyance for the duration of service, and this licensee may be relieved of the payment of renewal fees as the Board may consider justifiable and expedient.
Section 40-19-110.   The practice of funeral service may be engaged in only at the licensed establishment which is listed as the licensee's primary place of business except with written permission by the Board. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services.
Section 40-19-120.   A person desiring to become an apprentice funeral director or embalmer shall make application to the Board on forms provided by the Board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee fixed by the Board. If the Board is satisfied as to the qualifications of an applicant, the executive secretary shall issue a certificate of apprenticeship. If an apprentice wishes to engage in in-service training with a person licensed as a funeral director or embalmer, a request must be submitted to the secretary. If permission is granted and the apprentice leaves the preceptorship of the licensee in whose service he has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served with him. The affidavit must be filed with the secretary and made a matter of record. If the apprentice shall thereafter seek permission to continue in-service training, he shall request and obtain permission from the secretary as provided above.
A certificate of apprenticeship must be signed by the apprentice, the preceptor, and the manager of the establishment in which the apprenticeship is to be served and must be renewable twenty-four months after registration for a period of twelve months, by payment of a renewal fee as fixed by the Board. A certificate may not be renewed mor than three times. The registration of any apprentice who is actually engaged in the military service may, at the discretion of the Board be held in abeyance for the duration of service, and this apprentice may be relieved of the payment of renewal fees and penalties.
All certified apprentices shall report to the Board quarterly upon forms provided by it, indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.
Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be presented showing that he has successfully completed the educational requirements set forth in Section 40-19-100, along with an affidavit from the licensees under whom the apprentice worked showing that as an apprentice embalmer he has assisted in the embalming of at least fifty bodies, or that as an apprentice funeral director he has assisted in the conducting of at least fifty funerals, during apprenticeship. The eligibility of the applicant for licensing must be determined by the records filed with the Board.
Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.
Section 40-19-130.   No person shall conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the Board and is conspicuously displayed in the funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit is required.
The secretary, inspector, or members of the Board may enter the offices or premises of any funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory for the purposes of inspecting the premises or observing the training given to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this Section without legal process.
No permit to operate a funeral establishment may be issued unless the funeral establishment has a person licensed as a funeral director who resides a reasonable distance from the establishment and is present at all times the establishment is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment, the Board has the authority to issue a temporary permit to another person upon terms and conditions the Board considers to be in the best interest of the community in which the establishment is located.
Applications for funeral establishment permits must be made on forms furnished by and filed with the Board before July second of each year and must be accompanied by a fee as fixed by the Board. All permits shall expire on June thirtieth of each year.
When more than one person proposes to engage in the operation of a funeral establishment as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the Board as the manager of the funeral establishment. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless he is licensed.
Section 40-19-140.   Any person who actively engages or participates in any way in funeral directing or in the management of a funeral establishment is considered to be practicing as a funeral director and must be licensed under the terms of this chapter.
No permit to operate a funeral home may be issued to any corporation, partnership, or individual when the name of any unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.
Section 40-19-150.   All fees and penalties received by the Board must be deposited in the general fund of the State.
Section 40-19-160.   Whenever the board has reason to believe that any person to whom a license has been issued has become unfit to practice as a licensed funeral director or embalmer or has violated any of the provisions of this chapter or regulation of the board or, whenever a written complaint charging the holder of a license with the violation of any provision of this chapter is filed with the board, the board shall conduct an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the board for a hearing to determine whether or not the license must be suspended or revoked. No action to suspend, revoke, or cancel any license may be taken by the board until the licensee has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges at least thirty days prior to the date of the hearing. The notice and statement of charges must be mailed to the accused at his last known place of residence. The accused may appear and show cause why his license should not be suspended or revoked, or other disciplinary action taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict a license must be made at the expense of the board, and a transcript of the record must be kept in its files.
If the board is satisfied that the licensee is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must then be mailed by the secretary of the board to the accused at his last known address, as provided to the board.
Any final order of the board finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source that the board wishes to furnish this information.
Any decision by the board to revoke, suspend, or otherwise restrict the license must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-19-170.   All investigations and proceedings undertaken under the provisions of this chapter must be confidential. Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agent or any hearing panel or member of the panel, pursuant to this chapter, whether by way of complaint or testimony, is privileged. No action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication has been made, except upon proof that the communication was made with malice. No part of this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right or due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
No member of the board, or its committees, special examiners, agents and employees may be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this Section.
A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the state in magistrate's court.
Section 40-19-180.   The Board may refuse to issue or renew or may suspend or revoke the license of any funeral director or embalmer or may place the holder of a license on a term of probation after proper hearing for:
(1) Conviction of a felony; or
(2) Unprofessional conduct which includes:
(a) Misrepresentations made or fraud committed as a holder of a license for the practice of funeral service;
(b) False or misleading advertising or using the name of an unlicensed person in connection with that of any funeral establishment;
(c) Solicitation of dead human bodies by the licensee, his agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(d) Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain the business for the licensee;
(e) Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(f) The direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business, but compliance with a state pre-need law does not constitute a violation of this Section;
(g) Aiding or abetting an unlicensed person to practice the funeral service profession;
(h) Using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(i) Fraud or misrepresentation in obtaining or renewing a license;
(j) Refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(k) Failure to secure a permit for removal or burial of a dead human body prior to interment or disposal;
(l) Knowingly making any false statement on a certificate of death;
(m) Violation of applicable laws of the State relating to the prearrangement or prefinancing of a funeral;
(n) Discriminating in services because of race, creed, color, or national origin;
(o) Permitting an unlicensed person to make arrangements for a funeral at or prior to need;
(p) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of the dead human bodies;
(q) Violation of any of the provisions of this chapter.
Section 40-19-190.   (A) No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when he has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner or some other duly qualified person acting in this capacity has first been obtained.
(B) No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any kin is found, his authority and directions shall govern except in those instances where the deceased made his prior arrangements in writing.
(C) No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of any individual, under which any obligation may arise to care for the remains of the insured, shall contract to pay or shall pay any insurance or benefits, or part of any insurance or benefits, to any funeral establishment, licensee, or individual in any manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent.
(D) No person licensed as a funeral director or embalmer or anyone acting for him shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes.
(E) It is unlawful for any person, partnership, corporation, or association who has not been licensed or registered as specified in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment within this State.
Section 40-19-200.   The personnel of a funeral establishment shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made prior to selection of the casket.
Before the arrangements are completed, the licensee of the funeral service firm shall fully disclose what is included in the funeral and identify other related expenses such as cemeteries and florists.
Any statements of legal requirements must be complete and factual as must statements relative to the conditions under which embalming is required or advisable. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
Each funeral service establishment shall have a card or brochure in each casket stating the price of the service using the casket and listing the services and other merchandise included in the price. Where there are separate prices for the casket and services and the use of facilities and equipment, the card shall indicate the price of the casket and of the other items separately priced.
The funeral establishment shall provide to the persons making the arrangements, at the time the arrangements are completed and prior to the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known (1) the price of the service that the persons have selected and what is included in the service; (2) the price of each of the supplemental items of service and merchandise requested; (3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and (4) the method of payment.
Section 40-19-210.   Nothing contained in this chapter may be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
Section 40-19-220.   Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or by imprisonment for not more than six months, or both. The State Board of Funeral Service shall enforce the provisions of this chapter and shall have available to it, in addition to the Attorney General's Office, the services of the solicitors for the respective judicial circuits and all health officers in their respective counties and municipalities to assist them in the prosecution of all persons who are alleged to have violated the provisions of this chapter.
Section 40-19-230. [Section repealed]
Section 40-19-240.   The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State.
Section 40-19-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to embalmers and funeral directors; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-19-10.   There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
Section 40-19-20.   As used in this chapter:
(1)   'Advertisement' means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio or television. The term does not include funeral or death notices and obituaries.
(2)   'Apprentice' means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.
(3)   'Board' means the South Carolina State Board of Funeral Service.
(4)   'Branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities or a sales room, or both.
(5)   'Chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities, or both, but does not have embalming facilities or a sales room.
(6)   'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.
(7)   'Crematory' means an establishment in which the dead body is reduced to residue by intense heat.
(8)   'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation.
(9)   'Embalmer' means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body.
(10)   'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(11)   'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(12)   'Funeral home', 'funeral establishment', or 'mortuary' means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:
(a)   a chapel or parlor in which funeral services may be conducted.
(b)   a preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.
(c)   a room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.
(d)   at least one motor hearse for transporting casketed human remains.
(13)   'Funeral merchandise' means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, the receptacle into which the body is directly placed. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(14)   'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(15)   'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(16)   'Inspector' means an inspector employed by the board.
(17)   'Manager' means a licensed funeral director who has been a resident of this State for at least one year and who is responsible for the management of funeral establishments including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.
(18)   'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(19)   'Practice of funeral service' means:
(a)   engaging in providing shelter, care, and custody of the human dead;
(b)   the practice of preparing the human dead by embalming or other methods for burial or other disposition;
(c)   arranging for the transportation of the human dead;
(d)   making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use;
(e)   engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
Section 40-19-30.   (A)   It is unlawful for a person to engage in the practice of funeral service unless the person is licensed in accordance with this chapter. A person who engages or participates actively in directing or in the management of a funeral establishment is considered to be in the practice of funeral service.
No permit to operate a funeral home may be issued to a corporation, partnership, or individual when the name of an unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.
Section 40-19-50.   The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.
Section 40-19-60.   The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-19-70.   In addition to the powers and duties provided for in this chapter, the board also has those powers and duties set forth in Section 40-1-70.
Section 40-19-80.   The board shall employ an inspector, who must be a licensed embalmer and funeral director with not fewer than five consecutive years' experience as a licensee under this chapter.
Section 40-19-90.   The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-19-100.   In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-19-110.   The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:
(1)   making misrepresentations or committing fraud while engaging in the practice of funeral service;
(2)   using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment;
(3)   soliciting dead human bodies by a licensee or a licensee's agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(4)   employing persons known as 'cappers' or 'steerers' or 'solicitors' or other persons to obtain business for the licensee;
(5)   employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(6)   directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;
(7)   aiding or abetting an unlicensed person to engage in the practice of funeral service;
(8)   using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(9)   refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(10)   failing to secure a permit for removal or burial of a dead human body before interment or disposal;
(11)   knowingly making a false statement on a certificate of death;
(12)   violating applicable state laws relating to the prearrangement or prefinancing of a funeral;
(13)   discriminating in services because of race, creed, color, or national origin;
(14)   violating a state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;
(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need.
Section 40-19-115.   The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-19-120.   In addition to the sanctions the board may impose against a person pursuant to this chapter, the board also may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-19-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-19-140.   A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-19-150.   A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
Section 40-19-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-19-170.   A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-19-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-19-190.   Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
Section 40-19-200.   A person who practices or offers to practice funeral service in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not more than six months, or both.
Section 40-19-210.   The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-19-230.   (A)   A person may be issued a license as an embalmer if the person:
(1)   is at least eighteen years of age;
(2)   has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3)   has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;
(4)   has completed successfully a regular course in an embalming college accredited by the National Conference of State Examining Boards and approved by the board;
(5)   has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;
(6)   has passed an examination prescribed by the board. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B)   A person may be issued a license as a funeral director if the person:
(1)   is at least eighteen years of age;
(2)   has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3)   has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;
(4)   has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;
(5)   has passed an examination prescribed by the board. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(C)   An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.
An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.
(D)   A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter and has been licensed for a minimum of five years, upon establishing residence in this State, may apply for a license to practice in this State by filing with the board a certified statement from the examining board of the state or territory in which the applicant holds the license, showing the basis upon which the license was granted and a recommendation for licensure. If the board finds that the applicant has fulfilled substantially similar requirements, the board shall grant a license upon receipt of a fee established by the board in regulation and upon satisfying the board that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(E)   No license may be issued or renewed for a period exceeding one year, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.
(F)   A person holding a license under this chapter may have the license renewed for a one-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient.
Section 40-19-240.   (A)   A person desiring to become an apprentice funeral director or embalmer shall apply to the board on forms provided by the board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship. If an apprentice wishes to engage in an apprenticeship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprentice leaves the apprenticeship of the licensee in whose service the apprentice has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprentice subsequently desires to continue the apprenticeship, the apprentice must apply to the board as provided for in this subsection.
(B)   A certificate of apprenticeship must be signed by the apprentice, the licensee, and the manager of the establishment in which the apprenticeship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprentice who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprentice may be relieved of the payment of renewal fees and penalties.
(C)   An apprentice quarterly shall report to the board on forms provided by the board indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.
(D)   Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be submitted to the board showing that the apprentice has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprentice worked showing that as an apprentice embalmer the apprentice has assisted in the embalming of at least fifty bodies or that as an apprentice funeral director the apprentice has assisted in conducting at least fifty funerals, during apprenticeship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C).
(E)   Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.
Section 40-19-250.   The board shall develop in regulation a continuing education program and each licensee must attend a minimum of three credit hours annually. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years or is sixty years old or older.
Section 40-19-260.   The practice of funeral service may be engaged in only at a licensed establishment. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services.
Section 40-19-270.   (A)   No person shall conduct, maintain, manage, or operate a funeral establishment or crematory unless a permit for each establishment or crematory has been issued by the board and is displayed conspicuously in the funeral establishment or crematory. Funeral services held in a private residence, church, or lodge hall require no permit.
(B)   The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C)   No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a person licensed as a funeral director who resides a reasonable distance from the establishment or crematory and is accessible at all times the establishment or crematory is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory, the board may issue a temporary permit to another person upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D)   An application for a funeral establishment permit or crematory permit must be made on forms furnished by the board and must be filed with the board before July second of each year accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each year.
(E)   When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the board as the manager of the funeral establishment or crematory. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter.
Section 40-19-280.   (A)   No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when the person has information indicating crime or violence of any sort in connection with the cause of death until permission first has been obtained from the coroner or medical examiner or some other qualified person acting in this capacity.
(B)   No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with a decedent may send or cause to be sent to a funeral establishment or to a person licensed for the practice of funeral service the remains of a deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any kin is found, authority and directions of the kin govern except in those instances where the deceased made prior arrangements in writing.
(C)   No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of an individual, under which an obligation may arise to care for the remains of the insured, shall contract to pay or shall pay insurance or benefits, or part of insurance or benefits, to a funeral establishment, licensee, or individual in a manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent.
(D)   No person licensed as a funeral director or embalmer or anyone acting for a funeral director or embalmer shall have a part in a transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes.
(E)   It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment within this State.
Section 40-19-290.   (A)   The personnel of a funeral establishment shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B)   Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C)   A funeral service establishment shall have a card or brochure in each casket stating the price of the casket.
The funeral establishment shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:
(1)   the price of the service that the persons have selected and what is included in the service;
(2)   the price of each of the supplemental items of service and merchandise requested;
(3)   the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family;
(4)   the method of payment.
Section 40-19-300.   Nothing contained in this chapter may be construed to govern or limit the authority of an administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
Section 40-19-310.   (A)   The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State.
(B)   Nothing in this chapter alters the responsibilities of the board or limits the board in carrying out its duties and responsibilities as required in Chapters 7 and 8, Title 32.
Section 40-19-320.   If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION   2.   Of the members first appointed to the South Carolina State Board of Funeral Service, as provided for in Section 40-19-10, as amended in Section 1 of this act, three shall serve terms of one year, four shall serve terms of two years, and four shall serve terms of three years as determined by lot at the first meeting of the board as constituted under this act.
SECTION   3.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Thomas L. Moore                /s/Harry R. Askins
/s/William H. O'Dell              /s/Wilbur L. Cave
/s/Thomas C. Alexander            /s/William E. Sandifer, III
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to S. 271 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Chapter 3, Title 40 of the 1976 Code is amended to read:

Section 40-3-10.   (1) "Architect" means a person who, by reason of his general knowledge of the principles of architecture acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by his registration as an architect.
(2) "Architectural practice" means any service or creative work requiring architectural education, training, and experience, and the application of the principles of architecture and related technical disciplines to the professional services or creative work as consulting, evaluating, planning, designing, specifying, coordinating of consultants, administration of contracts, and reviewing of construction for the purpose of assuring compliance with the specifications and design, in connection with any building, or site development. A person is considered to practice or offer to practice architecture who in any manner represents himself to be an architect, who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture.
(3) "Professional degree" means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.
(4) "Responsible charge" means direct control and personal supervision of the practice of architecture.
Section 40-3-20.   Any person assuming the title of architect or practicing the profession of architecture in this State must be skilled in the principles of design and construction so that he may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title or undertaking the work, he shall have a certificate of registration from the State Board of Architectural Examiners.
Section 40-3-30.   The Governor shall appoint a board of examiners to be known as the State Board of Architectural Examiners composed of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be reputable architects engaged in the actual practice of the profession in this State, and one must be a representative of the general public. The first members having been appointed for terms of one, two, three, four, and five years, respectively, in each year as the terms of the members expire, the Governor shall fill the vacancies occurring by appointment under like conditions and qualifications, each appointment to be for a term of five years. Vacancies occurring by reason of death, resignation, or removal must be filled by appointment by the Governor for the unexpired term only.
Section 40-3-40.   The members of the board must be compensated for their services at the regular per diem rate established by the General Assembly for other state boards and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. All costs and expenses may be paid only from the fees and dues received and no claim may be made upon the State Treasury under this chapter.
Section 40-3-50.   The board shall organize by the election of a chairman, secretary, and treasurer, shall adopt rules governing its proceedings and shall meet at least once each year. The board shall provide itself with a proper seal, with which all its official documents must be sealed. The board may promulgate regulations governing the practice of architecture and architects not inconsistent with the provisions of this chapter or other existing law and which do not infringe upon the practice of any other profession.
Section 40-3-60.   The board shall, at each annual meeting and at other times as it may consider necessary, examine all applicants for admission to practice architecture. These examinations shall consist of an inquiry into the record, character, education, experience, knowledge, attainments, and qualifications of the applicant and may, in the discretion of the board, take the form of written, drawing, or oral tests or an examination of buildings erected by the applicant or photographs, drawings, and specifications of the buildings. After June 30, 1993, applicants not passing all divisions of the examination retain credit for those divisions passed for four years from the date of the examination, after which time those divisions must be retaken. The minimum qualifications for registration are as follows:
(1) Education, the completion of a standard fourteen-unit high school course or the equivalent of the course and courses in mathematics, natural science, history, and language as the board may prescribe. After June 30, 1993, attainment of a National Architectural Accrediting Board accredited professional degree in architecture is required;
(2) Experience, eight years in the employ of a registered practicing architect, covering drafting, designing, computing, estimating, specifications, and review of construction or other comparable experience as the board, by regulation, may prescribe. A professional degree is regarded as equivalent to five years of the required eight years' experience. After June 30, 1993, applicants are required to follow the National Council of Architectural Registration Board's Intern-Architect Development Program adopted by the board by regulation in order to satisfy experience requirements. Changes in the program subsequently adopted by the board shall not affect those persons currently enrolled in a previously adopted IDP program;
(3) Attainments: a sound working knowledge of architectural design, planning, materials, construction, sanitation, mechanical equipment, costs, business administration, building law, and professional practice and ethics;
(4) Once an applicant has qualified to take the Architect Registration Examination, the applicant shall not lose his eligibility because of subsequent changes in the experience requirements.
Any person who is shown upon examination to meet these requirements to the reasonable satisfaction of the board is entitled to a certificate of registration unless he has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. If the applicant has committed any of the foregoing acts, the board may register the applicant on the basis of suitable evidence of reform.
Section 40-3-70.   An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only.
Section 40-3-80.   Every applicant applying for registration in this State shall pay to the board a nonrefundable sum, as determined by the board, not to exceed two hundred dollars, and no applicant may be considered until the fee has been paid. Applicants approved for examination shall pay to the board, prior to being examined, a sum commensurate with the cost of administering the examination, as determined by the board, not to exceed one thousand dollars.
Section 40-3-90.   Every architect, architectural firm, architectural business corporation, architectural professional association/corporation, and architectural partnership continuing to practice in this State shall pay to the board each year according to the dates established by the board a fee not to exceed two hundred dollars as determined by the board and upon failure to do so shall have their certificate to practice revoked. The certificate may, however, be renewed at any time within one year from the date of expiration upon payment of the fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the first year.
Section 40-3-100.   (a) The right to engage in the practice of architecture is a personal right, based upon the qualifications of the individual evidenced by his registration certificate. The registration is not transferable.
(b) Nothing in subsection (a) of this section shall be construed to prevent the formation of partnerships, business corporations, professional associations, or professional corporations as a vehicle for the practice of architecture subject to the following conditions:
(1) The practice of or offer to practice architecture for others as defined in Section 40-3-10 by individual architects registered under this chapter through a business corporation as officers, employees, or agents, or through a partnership, professional association, or professional corporation as partners, associates, officers, employees, or agents, as may be applicable according to the particular circumstances, or the offering or rendering of architectural services by business corporation, partnership, professional association, or professional corporation through individual architects registered under this chapter is permitted, subject to the provisions of this chapter, if (i) one or more of the corporate officers in the case of a business corporation, or one or more of the partners or associates in the case of a partnership, professional association, or professional corporation, are designated as being responsible for the professional services, as described in Section 40-3-10, of the business corporation, partnership, professional association, or professional corporation and are architects under this chapter, (ii) all personnel of the business corporation, partnership, professional association, or professional corporation, who act in its behalf as architects, are registered under this chapter, and (iii) the business corporation, partnership, professional association, or professional corporation has been issued a certificate of authorization by the board, as provided in item (2).
(2) A business corporation, partnership, professional association, or professional corporation desiring a certificate of authorization shall file with the board an application, on forms provided by the board, listing relevant information, including the names and addresses of all officers and members of the business corporation or officers and partners of the partnership or associates in the professional association or professional corporation and also of an individual or individuals duly registered to practice architecture in this State who are in responsible charge of the practice of architecture in this State through the business corporation, partnership, professional association, or professional corporation and other information required by the board accompanied by an original authorization fee to be determined by the board. A form, giving the same information, must accompany the annual renewal. In the event there should be a change in any of these persons during the year, the change must be designated on the same form and filed with the board within thirty days at the effective date of the change. If all of the requirements of this section are met, the board shall issue a certificate of authorization to the business corporation, partnership, professional association, or professional corporation and the business corporation, partnership, professional association, or professional corporation is authorized to contract for and to collect fees for architectural services.
Section 40-3-110.     Every architect, architectural firm, architectural business corporation, architectural professional association, architectural professional corporation, or architectural partnership practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words "Registered Architect, State of South Carolina" with which they shall stamp all drawings, prints, and specifications for use in their profession.
The seal of the individual architect in responsible charge, as well as the seal of the firm, business corporation, professional association, professional corporation, or partnership must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.
Section 40-3-120.   Whenever the board has reason to believe that any registrant has become unfit to practice architecture or has violated any of the provisions of this chapter or regulation of the board, or whenever a written complaint charging the holder of a registration certificate with the violation of any provision of this chapter is filed with the board, the board shall initiate an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the board for a hearing to determine whether or not the registration must be suspended or revoked or other disciplinary action taken. No action may be taken by the board until the registrant has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges pursuant to the Administrative Procedures Act (Section 1-23-310 et seq.). The notice and statement of charges must be sent to the accused by certified mail return receipt requested at his last known place of residence. The accused may appear and show cause why his registration should not be suspended or revoked or other disciplinary action taken. The accused has the right (a) to be confronted with and to cross-examine the witnesses against him, (b) to have witnesses subpoenaed in his behalf, and (c) to be heard in person and by counsel. Any hearing is open to the public. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict or penalize a registrant must be made at the expense of the board.
If a majority of the board is satisfied that the registrant is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose restraint upon the registrant as circumstances warrant until the registrant demonstrates to the board adequate professional competence. The board may also impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties imposed for these violations may not exceed ten thousand dollars. In all cases where disciplinary action is taken by the board, written notice of the action must then be sent by certified mail return receipt requested by the secretary of the board to the accused at his last known address, as provided to the board.
Any final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order.
Any decision by the board to revoke, suspend, or otherwise restrict the architect's registration or impose a civil penalty must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-3-125.   After notice and hearing, as provided in Section 40-3-120, the board may revoke or suspend the certificate of authorization of any business corporation, partnership, professional association, or professional corporation that is not in compliance with the provisions of Section 40-3-100. The board also may impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties for these violations may not exceed ten thousand dollars.
Section 40-3-130.   It is a misdemeanor for any person to practice architecture in this State, to use the title "architect", or to use or display any title, sign, word, card, advertisement, or other device or method to indicate that the person practices or offers to practice architecture or is an architect, without being registered as an architect, as provided by law. It is also unlawful to give false testimony or knowingly offer forged evidence to the board or any member of the board; or to falsely impersonate any registered architect; or to violate the provisions of this chapter or any other law of this State relating to the registration of architects.
Section 40-3-135.   The board or any member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 shall enforce any subpoena issued pursuant to this section.
Section 40-3-140.     As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person violated any of the provisions of this chapter, or the regulations or orders of the board, or any of the laws of this State relating to architecture, the board may file a suit in equity in its own name or in the name of the state, on its own relation and by its counsel with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, alleging the facts and praying for a temporary restraining order or permanent injunction against the person, restraining him from violating the law, order, or regulation or commanding him to obey the law, order, or regulation.
Upon proper application and showing that the person is not registered, or that a renewal certificate has not been applied for, or that registration has been denied, revoked, or suspended, or that the law, order, or regulation has been or is about to be violated or disobeyed, which showing may be made by affidavit, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 shall issue a temporary restraining order or injunction and, upon final hearing, shall grant and issue an injunction, including mandatory injunction, upon finding the truth and sufficiency of the allegations of the petition. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may enforce the injunction by punishment for contempt and by any other process permitted to circuit courts and make other orders in its discretion. The injunction may be limited in time, perpetual or conditional, as may be necessary and proper to the enforcement of this chapter, or the regulations or orders of the board, or the law of this State relating to architecture.
Section 40-3-150.   Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars, or be imprisoned for not less than thirty days nor more than six months, or both, within the discretion of the court.
Section 40-3-160.   (1) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(2) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(3) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(a) a building which is to be used for farm purposes only;
(b) a building less than three stories high and containing less than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(c) a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and any sheds, storage buildings, and garages incidental thereto;
(d) alterations to any buildings to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(4) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 21 of Title 40, nor architectural work incidental to the practice of engineering.
Section 40-3-165.   Architects shall not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. Provided, however, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
Section 40-3-170.   Service of any notice provided for by law upon any nonresident architect who has been admitted to the practice of architecture or upon any resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the executive director of the board a copy of this notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the executive director, addressed to the architect at his last known address.
The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending any proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The executive director shall keep a record of the day of the service of the notice and any accompanying documents.
Section 40-3-180.   It is the duty of the building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, to be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
Section 40-3-5.   Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to architects; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-3-10.   (A)   There is created the Board of Architectural Examiners under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of architecture in South Carolina.
(B)   The Board of Architectural Examiners consists of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be architects engaged in the practice of architecture in this State, and one must be a representative of the general public. Members serve terms of five years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms, except the professor of architecture member. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C)   Nominations for appointment to the board may be submitted to the Governor from the board or any individual, group, or association.
Section 40-3-20.   (1)   'Architect' means an individual who, by reason of the individual's general knowledge of the principles of architecture acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by the individual's registration as an architect.
(2)   'Board' means the Board of Architectural Examiners.
(3)   'Firm' means a business entity functioning as a partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, or other firm association which practices or offers to practice architecture.
(4)   'Full authority' means that amount of authority granted to a regularly employed individual in unrestricted, unchecked, and unqualified command of the architectural practice of a firm.
(5)   'Individual' means a single human being.
(6)   'Practice of architecture' means a service or creative work requiring architectural education, training, and experience, and the application of the principles of architecture and related technical disciplines to the professional services or creative work as consulting, evaluating, planning, designing, specifying, coordinating of consultants, administration of contracts, and reviewing of construction for the purpose of assuring compliance with the specifications and design, in connection with a building or site development.
(7)   'Professional degree' means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.
(8)   'Responsible charge' means direct control and personal supervision of the practice of architecture.
Section 40-3-30.   (A)   No individual may engage in the practice of architecture without a license issued in accordance with this chapter. An individual is considered to engage in the practice of or offer to engage in the practice of architecture who in any manner represents himself to be an architect, who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture.
(B)   Only an individual licensed under this chapter may use the title 'architect'. An individual assuming the title of architect or engaging in the practice of architecture in this State must be skilled in the principles of design and construction so that the individual may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title 'architect' or undertaking the work, the individual shall have a certificate of registration from the board.
(C)   A firm offering to engage in the practice of architecture in this State must have a certificate of authorization issued by the board before undertaking architectural work. Each firm must employ one or more architects registered in this State who are designated as being in full authority and responsible charge of the architectural practice. Additionally, all personnel of the firm who act in its behalf as architects in this State must be registered under this chapter and must hold a current registration. If there is a change in ownership, management, or the architect in responsible charge during the year, the change must be filed with the board within thirty days.
(D)   It is unlawful for an individual or firm to engage in the practice of architecture in this State, to use the title 'architect', or to use or display any title, sign, word, card, advertisement, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of architecture or is an architect, without being registered as an architect or firm.
Section 40-3-50.   (A)   The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B)   Fees for examination, licensure, renewal, and other assessments must be established by the board in regulation. Applicants must be notified of the fee amount before payment.
Section 40-3-60.   The board may adopt rules governing its proceedings and shall elect a chairman, vice-chairman, and secretary who shall serve a term of one year. The board may promulgate regulations necessary to carry out the provisions of this chapter and shall adopt a seal with which all its official documents must be sealed.
Section 40-3-70.   In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-3-80.   (A)   If the director of the Department of Labor, Licensing and Regulation or the board has reason to believe that an individual or firm has become unfit to engage in the practice of architecture or has violated a provision of this chapter or a regulation promulgated under this chapter, if an individual files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the director or board may initiate an investigation.
(B)   The board or a member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter.
Section 40-3-90.   Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.
Section 40-3-100.   In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-3-110.   The board may cancel, fine, suspend, revoke, or restrict the authorization to practice architecture of an individual who has had a license to practice a profession or occupation regulated under Title 40 canceled, revoked, or suspended or who has otherwise been disciplined.
Section 40-3-115.   The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.
Section 40-3-120.   (A)   The board may impose a civil fine of up to two thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.
(B)   A final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.
Section 40-3-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-3-140.   A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
Section 40-3-150.   A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-3-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-3-170.   A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-3-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-3-190.   Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
Section 40-3-200.   A person who engages in or offers to engage in the practice of architecture in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars.
Section 40-3-210.   The Department of Labor, Licensing and Regulation on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-3-230.   (A)   The privilege of engaging in the practice of architecture is a personal privilege based upon the qualifications of the individual and evidenced by the person's registration certificate which is not transferable.
(B)   The board shall review the application of all applicants for admission to practice architecture. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.).
(C)   To be licensed as an architect, an individual must:
(1)   have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB). The school or program must be accredited by NAAB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an NAAB accredited degree may have their educational credentials evaluated through Education Evaluation Services for Architects (EESA) to determine if their foreign degree is equivalent to an NAAB professional degree in architecture. Additionally, foreign educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements;
(2)   have satisfactorily completed the training requirements established by the National Council of Architectural Registration Boards (NCARB) for the Intern Development Program (IDP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted IDP program;
(3)   have attained a passing score on all subject areas of the NCARB Architect Registration Examination (A.R.E.). Subject areas may include, but are not limited to, predesign, site design, building design, structural technology, materials and methods of construction, mechanical, plumbing, electrical, acoustical, life safety systems, and construction documents and services.
(D)   An applicant may not be licensed as an architect if the individual has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform.
Section 40-3-240.   (A)   An application for licensure must be made on board application forms. A completed application signed and sworn to by the applicant must be filed with the board office and must be accompanied by all applicable fees. No application may be considered until the fees have been paid.
(B)   The Architectural Registration Examination will be administered in a format and manner prescribed by the National Council of Architectural Registration Boards (NCARB) to all applicants for initial licensure. Applicants must pass all subject areas. Scores for the individual subject areas cannot be averaged. Applicants not passing all subject areas of the examination retain credit for those subject areas passed for four years from the date of the examination, after which time those subject areas must be retaken.
(C)   An applicant must satisfy the requirements of Section 40-3-230(C)(1) and (2) in order to be approved by the board to take the Architectural Registration Examination. Once an applicant has been approved to take the examination, the applicant does not lose eligibility because of subsequent changes in the education or experience requirements.
(D)   The board may accept transfer credits for individual subject areas of the examination passed by the applicant from another jurisdiction.
Section 40-3-250.   (A)   An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation and annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina.
(B)   Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.
(C)   If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.
Section 40-3-260.   An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only.
Section 40-3-270.   (A)   A firm desiring a certification of authorization shall file with the board an application on forms provided by the board and pay an application fee. Before a certificate of authorization may be issued to an out-of-state business or professional corporation, the corporation must be approved to transact business in this State. A copy of the approved certificate of authority issued by the State must be filed with the board application.
(B)   A firm must maintain on file in the board office the name of the individual in full authority and responsible charge and written evidence of authority. Failure to provide accurate and timely information may constitute a violation of this subsection.
(C)   For the purpose of this chapter, a sole proprietorship means a business in which one or more registered architects are engaged as employees; however, the practice must be conducted under the name registered with the board as an individual (i.e., John Doe, Architect). Any other practice name, i.e., Doe & Company, or Doe & Associates, requires a certification of authorization to practice.
(D)   If a South Carolina firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State.
(E)   If an out-of-state firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State or in another state or jurisdiction.
(F)   The requirement to obtain a certificate of authorization applies to associations for one or more projects but does not apply to an out-of-state firm or individual retained by a registered South Carolina architect as a consultant only.
(G)   A registered architect practicing in his name who does not employ a registered architect is not required to obtain a certificate of authority.
Section 40-3-280.   (A)   Every architect and firm practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words 'Registered Architect, State of South Carolina' with which they shall stamp all drawings, prints, and specifications for use in their profession.
(B)   The seal of the individual architect in responsible charge, as well as the seal of the firm, must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.
Section 40-3-290.   (A)   Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(B)   Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(C)   If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(1)   a building which is to be used for farm purposes only;
(2)   a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(3)   a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and sheds, storage buildings, and garages incidental to the dwelling;
(4)   alterations to a building to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(D)   Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering.
Section 40-3-300.   An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
Section 40-3-310.   (A)   Service of a notice provided for by law upon a nonresident architect who has been admitted to the practice of architecture or upon a resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the administrator of the board a copy of the notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the administrator, addressed to the architect at his last known address.
(B)   The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending a proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The administrator shall keep a record of the day of the service of the notice and any accompanying documents.
Section 40-3-320.   The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
Section 40-3-330.   If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION   2.   This act takes effect July 1, 1997./
Amend title to conform.

/s/Thomas L. Moore                /s/James N. Law
/s/William H. O'Dell              Olin R. Phillips
/s/Thomas C. Alexander            /s/Teddy N. Trotter
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Senate adopted the previous conference report (PSD\7436AC.97) on June 5, 1997.
There was no objection.

On motion of Senator MOORE, with unanimous consent, the previous Conference Report was withdrawn.

Senator MOORE spoke on the pending Conference Report.
On motion of Senator MOORE, the Report of the Committee of Conference to S. 489 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Chapter 38, Title 40 of the 1976 Code is amended to read:

Section 40-38-10.   As used in this chapter, 'optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from physicians or optometrists duly licensed to practice their professions, and in accordance with such prescriptions mechanically interprets, measures, adapts, fits, and adjusts such lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye. Oral prescriptions are permitted provided a written record is made and filed by the optician. The services and appliances related to ophthalmic dispensing shall be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; but duplications, replacements, reproductions, or repetitions may be done without prescription, in which event any such act shall be construed to be ophthalmic dispensing, the same as if performed on the basis of a written prescription; provided, however, contact lens shall only be dispensed in accordance with Section 40-38-150. Any person shall be deemed to be practicing opticianry within the meaning of this chapter who displays a sign or in any way advertises himself to be an optician.
Section 40-38-20.   It shall be unlawful for any person to engage in the practice of opticianry in this State unless such person has obtained a certificate of registration from the South Carolina Board of Examiners in Opticianry. This chapter shall not apply to physicians licensed under the laws of this State for the practice of medicine or osteopathy, nor to optometrists licensed under the laws of this State to practice optometry, nor persons who sell as merchandise from a regular established place of business ready-made eyeglasses or spectacles if such person shall not aid the purchaser in the fitting thereof.
Section 40-38-30.   There is created the South Carolina Board of Examiners in Opticianry (board) which shall consist of seven members. Five members shall be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of such nominees so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in like manner by appointment by the Governor for the unexpired portion of the term. Two members of the board shall be members of the general public who do not derive their income or support from any optical or related business or who are not related to any members of these professions. These public members shall be nominated by any individual, group, or association, and appointed by the Governor.
The board shall be responsible for examining applicants for licenses in opticianry, for investigating complaints, and for investigating and prosecuting violations of this chapter.
The members of the board shall be appointed for terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms on the board, except that if any person is appointed to fill an unexpired term on the board, he may be reappointed for two additional four-year terms. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed.
Section 40-38-40.   The members of the board shall qualify by taking the oath of office before a notary public or other officer empowered to administer oaths. At the first board meeting, after each annual appointment, it shall elect a president, vice president and secretary-treasurer. A majority of its members shall constitute a quorum. Regular meetings shall be held at least once a year at such time and place as shall be deemed most convenient. Special meetings may be held upon the call of the president.
If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual must take the same oath as required of other members of the board.
Section 40-38-50.   Each member may receive for his services such per diem and mileage as is provided by law for members of state boards, commissions or committees for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations, in addition to such time actually spent in conducting examinations.
Section 40-38-60.   The board may promulgate regulations and bylaws for its own proceedings and government and for the practice of opticianry and examination of applicants for the practice of opticianry.
The board or any member may administer oaths for all purposes requiring the discharge of its duties. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may subpoena witnesses, take evidence, and require the production of any documents or records which it deems relevant to the inquiry. In the case of contumacy by or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board, or a person designated by it, and produce documentary evidence, and to give other evidence concerning the matter under inquiry.
Section 40-38-70.   It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. In addition, it is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services.
It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. The provisions of this section do not prohibit giving ophthalmic products incidental to the use of the product being offered nor the offering of a reduced price, sale, or discount on purchases if the following disclosures are made with the offer:
(a)   If the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price, or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price.
(b)   The date the offer terminates.
It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including:
(a)   Whether an advertised price for eyeglasses includes single vision or multi-focal lenses;
(b)   Whether an advertised price for contact lenses refers to hard or soft contact lenses;
(c)   Whether an advertised price for ophthalmic materials includes all dispensing fees;
(d)   Whether an advertised price for ophthalmic materials includes an eye examination;
(e)   Whether an advertised price for eyeglasses includes both frame and lenses.
The board has no authority to make regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.
Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
Section 40-38-80.   Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State and the board shall make no regulations restricting these rights.
Section 40-38-90.   All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board.
Section 40-38-100.   The board shall make an annual report according to the provisions of Chapter 73 of Title 40 of the 1976 Code.
Section 40-38-110.   Any person desiring to be examined by the board must fill out and swear to an application furnished by the board sixty days prior to the holding of the examination. Each applicant, on making application, shall pay to the secretary of the board a fee as determined by regulation of the board.
Section 40-38-120.   A person is qualified to receive a certificate of registration as a registered optician who:
(1)   Has graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board;
(2)   Has received a certificate from a two-year school of opticianry approved by the board, or holds a currently valid optician's license in another state, or has been engaged in opticianry, as defined in this section, for not less than two years or has had two years' apprenticeship under an active state-licensed optician, optometrist, or ophthalmologist. An apprenticeship must be approved by the board in writing before it is begun. All opticianry apprenticeships served under active state-licensed opticians, optometrists, or ophthalmologists are subject to the same regulations of the Board of Opticianry.
(3)   Has passed a satisfactory examination conducted by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory.
Section 40-38-130.   Every applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry or, if that examination is not available, the board shall prepare an opticianry competency examination. Examinations in dispensing and other practical areas of opticianry as defined in Section 40-38-10 may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
An optician or applicant for licensure shall successfully complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination or, if that examination is not available, an equivalent examination prepared by the board before the optician is eligible to dispense contact lens.
Section 40-38-140.   All persons, successfully passing the examination shall be numbered and registered in the board register, which shall be kept by the secretary, as licensed to work as an optician and shall receive a certificate of such registration, signed by the president and secretary of the board, upon payment to the board of a sum to be determined by regulation of the board.
Section 40-38-150.   Notwithstanding any other provisions of law, in all cases opticians shall act with respect to contact lenses only upon receipt of and based on a prescription for such lenses by an ophthalmologist or optometrist. Nothing in this chapter shall be construed to allow opticians to fit contact lenses or to make professional determinations as to the specifications of such lenses unless under the supervision of an ophthalmologist or optometrist. If such supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-160.   Every person to whom a certificate of registration is granted under this chapter shall display it in a conspicuous place in his principal office or place of business or employment. A separate certificate of registration granted by the board shall also be displayed for opticians eligible to dispense contact lenses.
Section 40-38-170.   Any failure, neglect or refusal on the part of any person holding such a certificate of registration to display it after the issuance of such certificate shall ipso facto work the forfeiture of such certificate of registration and it shall not be restored except upon the payment of twenty-five dollars to the board.
Section 40-38-180.   Every optician who desires to continue to be licensed in this State shall annually, on or before the first day of October, pay to the board a renewal registration fee, to be fixed by the board. In case of default in making such payment by any person his certificate shall be automatically revoked by the board on thirty days' notice in writing prior to the effective time of revocation. The deposit of such notice in the United States Post Office addressed to such person at his last place of residence or business, registered with postage prepaid, shall be due and legal service. No certificate shall be revoked for nonpayment of such renewal fee if within the thirty day notice period the person shall pay such a penalty, to be established by regulation of the board and the renewal fee. Any person whose certificate of registration has been revoked for failure to pay his renewal fee may apply to have it regranted to him upon payment of all renewal fees with a penalty as established by regulation of the board. If the license has been lapsed for more than two years he shall appear before the board, which shall then determine if his license should be reinstated, and the terms upon which such reinstatement shall be made. Any person holding a license in South Carolina who is not practicing in this State but is in practice in another state, wishing to keep his license current, may pay annually a fee to be determined by the board, until he decides to practice in South Carolina, at which time he shall pay the current fee being charged to practitioners in South Carolina.
Each active state optician shall annually attend a minimum of three hours of continuing educational courses or meetings. The instruction shall be on subjects relative to opticianry, exclusive of office management or administration, at board approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this requirement is a prerequisite for annual renewal.
Section 40-38-190.   It shall be unlawful for any ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-200.   It shall be unlawful for any such licensee to permit his license to be used by any unlicensed person and shall be a violation of the terms hereof for any unlicensed person to practice or attempt to practice or conduct his business under the rights and privileges conferred upon some other person duly licensed. Notwithstanding any other provision of law, an optician may delegate tasks to his assistants working under his direct supervision. As used herein, 'direct supervision' means that a licensed optician shall be on the premises at all times. Nothing herein shall preclude such optician from being absent from the practice for reasonable periods during the working day, such as lunch or other customary, practice-related absences. No contact lenses shall be dispensed during his absence. Under no circumstances will these assistants be allowed to give a contact lens fitting.
Section 40-38-210.   The board shall receive complaints by any person against a licensed optician and shall require a complaint to be submitted in written form. Upon receipt of the complaint, the secretary or such other person as the President may designate shall investigate the allegations in the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed further, it may, in its discretion, file a formal accusation charging the optician with a violation of a provision of this chapter. The accusation shall be signed by the president or the vice president on behalf of the board. When the accusation is filed and the board shall set a date for hearing thereon, the secretary of the board shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and he shall have the right to counsel. For the purposes of such hearings, the board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he shall not sit with the board at the hearing of such complaint.
Such notice may be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused shall be prima facie evidence of service of such notice.
All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.
Every communication whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member thereof, pursuant to this chapter, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf such communication shall have been made.
Section 40-38-220.   The board may revoke, suspend, or otherwise restrict the license of any optician or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined herein.
Misconduct, which constitutes grounds for revocation, suspension, or restriction of a license, or a limitation on, reprimand or other discipline of an optician shall be a satisfactory showing to the board:
(1)   That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the license requirements.
(2)   That the holder of a license has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere shall be considered the equivalent of a conviction.
(3)   That the holder of a license practiced opticianry while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(4)   That the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(5)   That the holder of a license has knowingly performed any act which in any way assists a person to practice opticianry illegally.
(6)   That the holder of a license has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any optician.
(7)   That the holder of a license has failed to provide and maintain reasonable sanitary facilities.
(8)   That the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public.
(9)   That the holder of a license has violated the principles of ethics as adopted by the board and published in its rules and regulations.
(10)   That the holder of a license has engaged in conduct that is deceptive, fraudulent or harmful to the public.
(11)   That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances.
(12)   That the holder of a license is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of opticianry.
(13)   That the holder of a license has been found by the board to lack the professional competence to practice opticianry.
(14)   That the holder of a license has violated any provision of this chapter regulating the practice of opticianry.
(15)   That the holder of a license has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
In addition to all other remedies and actions incorporated in this chapter, the license of an optician adjudged mentally incompetent by any court of proper jurisdiction shall be automatically suspended by the board until he is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-230.   If the board shall be satisfied that the optician is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused at his last known address as provided to the board.
Any decision by the board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. Such review shall be limited to the record established by the board's hearing.
Section 40-38-240.   No member of the board, or its secretary, its committees, special examiners, agents, and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown.
Section 40-38-250.   Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one thousand dollars or imprisoned not less than twenty days nor more than thirty days.
Section 40-38-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to opticians regulated by the Department of Labor, Licensing and Regulation under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-38-10.   (A)   There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45.
(B)   The members of the board serve terms of four years and until their successors are appointed and qualify.
(C)   The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member and the member must be given a copy of the charges at the time they are filed.
Section 40-38-20.   As used in this chapter:
(1)   'Optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;
(2)   'Apprentice' means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or opthalmologist and who is being trained in the practice of opticianry;
(3)   'Board' means the South Carolina Board of Examiners in Opticianry; and
(4)   'Direct supervision' means, with regard to a supervisee, the licensed optician must be on the premises at all times.
Section 40-38-30.   It is unlawful for a person to practice as an optician without being licensed in accordance with this chapter. A person who displays a sign or in any way advertises himself to be an optician is deemed to be practicing opticianry within the meaning of this chapter.
Section 40-38-50.   The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Article 1, Chapter 1, Title 40.
Section 40-38-60.   The board may adopt bylaws governing its own proceedings and promulgate regulations for the practice of opticianry and examination of applicants for the practice of opticianry.
Section 40-38-70.   The board shall examine or provide for the examination of applicants for licenses in opticianry, investigate complaints, and investigate and prosecute violations of this chapter.
Section 40-38-80.   For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
Section 40-38-90.   If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
Section 40-38-100.   The board may seek to enjoin violations of this chapter as provided for in Section 40-1-100.
Section 40-38-110.   (A)   In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee:
(1)   has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction;
(2)   has knowingly performed an act which in any way assists a person to practice opticianry illegally;
(3)   has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician;
(4)   has failed to provide and maintain reasonable sanitary facilities;
(5)   is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(6)   has violated a provision of this chapter or a regulation promulgated under this chapter; or
(7)   has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
(B)   In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-115.   The board has jurisdiction over the action of licensees and former licensees as provided for in Section 40-1-115.
Section 40-38-120.   In addition to the sanctions the board may take against a person pursuant to Section 40-38-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-38-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-38-140.   A license for opticianry may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-38-150.   A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-38-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-38-170.   A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-38-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-38-190.   All investigations and proceedings undertaken under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-38-200.   A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Each violation constitutes a separate offense. Penalties provided for in this chapter or in Article 1, Chapter 1, Title 40 may be imposed against a corporation, association, or person aiding and abetting in a violation.
Section 40-38-210.   In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
Section 40-38-230.   (A)   A person desiring to be examined by the board must submit an application furnished by the board sixty days before the examination. The application must be accompanied by a fee established by the board in regulation and in accordance with Section 40-1-50(D).
(B)   An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry, or if that examination is not available, an opticianry competency examination prepared by the board. Examinations in dispensing and other practical areas of opticianry may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
(C)   An optician or applicant for licensure as a contact lens optician successfully shall complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination, or if that examination is not available, an equivalent examination prepared by the board.
Section 40-38-240.   (A)   A person is qualified to receive a certificate of licensure as an optician if the person has:
(1)   graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board.
(2)(a)   received a certificate from a two-year school of opticianry approved by the board;
(b)   a currently valid optician's license in another state;
(c)   been engaged in opticianry for not less than two years in a state that does not license opticians; or
(d)   had two years' apprenticeship under a South Carolina licensed optician, optometrist, or ophthalmologist. The board must approve in writing an apprenticeship before the apprenticeship commences, and the regulations of the board apply to the apprentice.
(3)   satisfactorily passed an examination conducted or recognized by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory.
Having met the requirements of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as an optician.
(B)   A person is qualified to receive a certificate of licensure as a contact lens optician who has:
(1)   met all the requirements of subsection (A); and
(2)   satisfactorily passed a written qualifying contact lens examination conducted or recognized by the board.
Having met the requirement of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as a contact lens dispensing optician.
Section 40-38-250.   The board shall promulgate regulations for apprentice registration requirements and fees and for the regulation of apprentices and apprenticeships.
Section 40-38-260.   (A)   A licensed optician or registered apprentice who desires to continue to be licensed or registered in this State annually, on or before the first day of October, shall pay a renewal fee, to be established by the board in regulation and in accordance with Section 40-1-50(D). In case of default in payment of the fee, the person's license or registration is automatically revoked if the board gives the licensee thirty days' notice in writing before the effective date of revocation. Deposit of the notice in the United States Postal Service addressed to the person at the person's last place of residence or business, registered with the board, with postage prepaid, constitutes legal service of the notice. No license or registration may be revoked for nonpayment of the renewal fee if within the thirty-day notice period the person pays a renewal fee and a penalty established by the board in regulation. A person whose license or registration has been revoked for failure to pay the renewal fee may apply to have it reinstated upon payment of all renewal fees and a penalty as established by the board in regulation. If the license or registration has been lapsed for more than two years, the person shall appear before the board, which shall determine if the license or registration should be reinstated and the terms under which the reinstatement is to be made. A person holding a license or registration in South Carolina not practicing in this State who wishes to keep the license or registration current, annually may pay an inactive license or registration fee established by the board in regulation. If the person decides to resume practice in this State, the person shall pay the fee being charged active practitioners in South Carolina at that time.
(B)   An optician or apprentice annually shall attend a minimum of four hours of continuing education courses or meetings, one hour of which may be in office management or administration. The instruction must be on subjects relative to opticianry at board- approved and recognized educational seminars and courses or accredited institutions of learning. An optician holding a contact lens license must obtain one additional hour of continuing education courses or meetings, which must be in contact lens education at board-approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this subsection is a prerequisite for annual renewal.
Section 40-38-270.   Notwithstanding any other provision of law, with respect to contact lenses, an optician shall act upon receipt of and based on a prescription for the lenses by an ophthalmologist or optometrist. Nothing in this chapter may be construed to allow an optician to fit contact lenses or to make professional determinations as lenses to the specifications of these lenses unless under the supervision of an ophthalmologist or optometrist. If supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-280.   The services and appliances related to ophthalmic dispensing must be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; however, duplications, replacements, reproductions, or repetitions may be provided without prescription and are deemed to be ophthalmic dispensing, as if performed on the basis of a written prescription. Oral prescriptions are permitted if the optician maintains a written record. Contact lenses may be dispensed only in accordance with Section 40-38-270.
Section 40-38-290.   It is unlawful for an ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-300.   (A)   It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B)   Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence.
Section 40-38-310.   (A)   It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement, or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. It is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services.
(B)   It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. This section does not prohibit giving ophthalmic products incidental to the use of the product being offered or the offering of a reduced price, sale, or discount on purchases.
These disclosures must be made with any offer:
(1)   if the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose the reduced price, sale price, or discounted price is from the offeror's regular selling price or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price;
(2)   the date the offer terminates.
(C)   It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including an advertised price for:
(1)   eyeglasses includes single vision or multi-focal lenses;
(2)   contact lenses refers to hard or soft contact lenses;
(3)   ophthalmic materials includes all dispensing fees;
(4)   ophthalmic materials includes an eye examination; and
(5)   eyeglasses includes both frame and lenses.
Section 40-38-320.   Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
Section 40-38-330.   The board has no authority to promulgate regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.
Section 40-38-340.   Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State, and the board may not promulgate regulations restricting these rights.
Section 40-38-350.   (A)   A person to whom a certificate of licensure is granted under this chapter shall display it in a conspicuous place in the person's principal office or place of business or employment. A separate certificate of licensure as a contact lens optician granted by the board also must be displayed by an optician eligible to dispense contact lenses.
(B)   A person who fails, neglects, or refuses to display the certificate of licensure is deemed to have forfeited the certificate, and it may not be restored except upon the payment of a reinstatement fee of twenty-five dollars.
Section 40-38-360.   Notices required by this chapter may be sent by registered mail, return receipt requested, to the person's last mailing address furnished to the board. The post office registration receipt signed by the recipient, his agent, or a responsible member of his household or office staff or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
Section 40-38-370.   This chapter does not apply to:
(1)   physicians licensed in this State for the practice of medicine or osteopathy;
(2)   optometrists licensed under the laws of this State to practice optometry; or
(3)   persons who sell as merchandise from an established place of business ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eye glasses or spectacles.
Section 40-38-380.   No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.
Section 40-38-390.   If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Senator Thomas L. Moore        /s/Rep. James A. Battle, Jr.
/s/Senator William H. O'Dell      /s/Rep. Mack T. Hines
/s/Senator Thomas C. Alexander    /s/Rep. Bradley L. Jordan
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McKay, Keegan and Harrison of the Committee of Free Conference on the part of the House on:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: 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 CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
asks for a Committee of Conference, and has appointed Reps. Hinson, Gourdine and Law of the Committee on the part of the House.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
asks for a Committee of Conference, and has appointed Reps. Harrison, Cotty and Clyburn of the Committee on the part of the House.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Vaughn and Young-Brickell of the Committee on the part of the House.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

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. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
asks for a Committee of Conference, and has appointed Reps. Inabinett, Easterday and Knotts of the Committee on the part of the House.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

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. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Very respectfully,
Speaker of the House
Received as information.

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 resumed to a consideration of the Conference Report on S. 174.

Senator PATTERSON spoke on the Report.
Senator McCONNELL spoke on the Report.

With Senator McCONNELL retaining the floor on S. 174, Senator MOORE asked unanimous consent to take up for immediate consideration Conference Reports on H. 3563, S. 271 and S. 489.
Senator HAYES asked unanimous consent to amend the motion to provide that, when the language for the Free Conference Report on S. 174 was completed and on the desk, the Senate proceed immediately to revert back to a consideration of S. 174.
The motion was adopted.

Senator MARTIN asked unanimous consent to make a motion to take up for immediate consideration H. 4853 upon the disposition of the three Conference Reports; provided, however, that, when the new language for the Free Conference Report on S. 174 had been received, the Senate would revert immediately to a consideration of S. 174.
There was no objection and the motion was adopted.

H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.

Pursuant to an earlier motion by Senator MARTIN, the Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator MARTIN proposed the following Amendment No. 2 (BBM\9961HTC.98), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   __.   A.   Section 61-2-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-2-100.   (A) No license or permit may be issued to an organization, an association, or a corporation as an entity. If an application is made for an organization, an association, or a corporation, the license or permit, if issued, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. The officer or designated person is responsible under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.
(B)   A person may hold multiple permits and licenses. However, a person, his agent, or his attorney must not be issued a permit or license for more than one business entity.
(C)   No license or permit may be issued by the department to a person under twenty-one years of age.
(A)   The department may issue licenses and permits authorized under this title to qualifying persons. Licenses and permits may be issued only to the person who is the owner of the business seeking the permit or license.
(B)   The department shall initiate action to revoke any permit or license that is issued to any person who is not the owner of the licensed business or when the licensed individual or an individual principal of the licensed business is under twenty-one years of age.
(C)   If application is made for a license or permit under this title by a person other than an individual, all principals are deemed to be the applicant under Section 61-2-160.
(D)   The department may not issue a license or permit under this title to any person unless the person and all principals are of good moral character.
(E)   The department may not issue a license or permit under this title to an individual under twenty-one years of age or a business with an individual principal under twenty-one years of age.
(F)   Businesses licensed or permitted by the department under this title must designate with the department an agent and mailing address for service of notices. Any required notice may be given by handing it to the agent in person or leaving the notice at his office with a clerk or other person in charge of the office, or if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving a copy at his dwelling place with a person of suitable age and discretion residing in the dwelling place; or by serving it on an employee at the licensed place of business; or by mailing it by first class mail to the agent at his last known address, postage prepaid. No person may act as agent for more than one business entity unless the person has an ownership interest in the business entities.
(G)   Nothing in this section may be construed to alter the effect of Sections 61-6-140 and 61-6-150.
(H)   As used in this title and unless otherwise required by the context:
(1)   'Person' includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group.
(2)   'principal' of a business or entity means a person who is described in any one or more of the following terms:
(a)   an officer of the business or entity which owns the business;
(b)   a partner other than a limited partner who cannot exercise any management control;
(c)   a manager of limited liability company which is managed by managers;
(d)   a member of the limited liability company which is not managed by managers;
(e)   a fiduciary, including personal representatives, trustees, guardians, committees, and receivers, who manage, hold, or control title to or who is otherwise in direct or indirect control of the business;
(f)   a person who owns twenty-five percent or more of the combined voting power of the business or entity;
(g)   a person who owns twenty-five percent or more of the value of the business entity; or
(h)   an employee who has day-to-day operational management responsibilities for the business or entity.
(i)   a license or permit may be issued to a publicly held corporation, which is deemed the applicant under Section 61-2-160 and the corporation shall designate an officer or other employee of good moral character, over the age of twenty-one and a resident of this State in whose name the permit or license must be held on behalf of the corporation and the corporation may substitute an officer or employee if the individual is of good moral character, over the age of twenty-one, and a resident of this State, and upon notice in writing of the substitution to the department."
B.   Section 61-6-505 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-505.   (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1)   the applicant currently holds a valid retail liquor license; or
(2)   the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B)   A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C)   Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D)   The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
C.   Section 61-6-2005 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-2005.   (A)   A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1)   the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less; or
(2)   the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B)   A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C)   Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D)   The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
D.   Section 61-4-210 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-210.   (A)   A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a biennial retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase or acquisition if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by regulation of the department and:
(1)   the applicant currently holds a valid beer or beer and wine permit; or
(2)   the applicant has had a criminal history background check conducted by the division within the past thirty days.
(B)   A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a biennial retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C)   Notwithstanding subsection (B), the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining pursue the biennial retail beer or beer and wine permit in a timely manner, as set forth by regulation of the department.
(D) The department must charge shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit. The funds generated by this fee must be deposited in the general fund of the State."
E.   Section 61-6-2890 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2890.   (A)   A registered producer may not store alcoholic liquors only in a warehouse of the registered producer unless licensed by the department. The department must require sufficient bond with respect to a licensed warehouse to ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the department.
(B)   When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March first 1, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first 31 after the issuance of the license."
F.   Sections 61-6-300, 61-6-310, 61-6-320, 61-6-330, 61-6-340, and 61-6-350, of the 1976 Code are repealed.
G.   Subsection A. of this section takes effect upon approval by the Governor and applies for applications pending on that date and for applications filed on or after that date. The remaining provisions of this section take effect July 1, 1998.
SECTION   __.   Section 33-44-801 of the 1976 Code is amended to read:
"Section 33-44-801.   (a) In this section, "future distributions" means the total distributions that, as of the date of dissociation, are reasonably estimated to be made to the remaining members if the company were continued until the projected date of its termination, reduced by the amount of distributions that would have been made to the remaining members if the business of the company were dissolved and wound up on the date of dissociation.
(b)   A limited liability company is dissolved, and its business must be wound up, upon the occurrence of any of the following events:
(1)   an event specified in the operating agreement;
(2)   consent of the number or percentage of members specified in the operating agreement;
(3) dissociation of a member who is also a manager or, if none, a member of an at-will company, and dissociation of a member who is also a manager or, if none, a member of a term company but only if the dissociation was for a reason provided in Section 33-44-601(7) through (11) and occurred before the expiration of the specified term, but the company is not dissolved and required to be wound up by reason of the dissociation if:
(i) within ninety days after the dissociation, the business of the company is continued by the agreement of:
(a) the remaining members that would be entitled to receive a majority of any distributions that would be made to them assuming the business of the company were dissolved and wound up on the date of the dissociation; and
(b) the remaining members that would be entitled to receive a majority of any future distributions that would be made to them assuming the business of the company were continued after the date of the dissociation; or
(ii) the business of the company is continued under a right to continue stated in the operating agreement;
(4)   an event that makes it unlawful for all or substantially all of the business of the company to be continued, but any a cure of illegality within ninety days after notice to the company of the event is effective retroactively to the date of the event for purposes of this section;
(5)(4)   on application by a member or a dissociated member, upon entry of a judicial decree that:
(i)(a)   the economic purpose of the company is likely to be unreasonably frustrated;
(ii)(b)   another member has engaged in conduct relating to the company's business that makes it not reasonably practicable to carry on the company's business with that member;
(iii)(c)   it is not otherwise reasonably practicable to carry on the company's business in conformity with the articles of organization and the operating agreement;
(iv)(d)   the company failed to purchase the petitioner's distributional interest as required by Section 33-44-701; or
(v)(e)   the managers or members in control of the company have acted, are acting, or will act in a manner that is illegal, oppressive, fraudulent, or unfairly prejudicial to the petitioner; or
(6)(5)   on application by a transferee of a member's interest, a judicial determination that it is equitable to wind up the company's business:
(i)(a)   after the expiration of the specified term, if the company was for a specified term at the time the applicant became a transferee by way of member dissociation, transfer, or entry of a charging order that gave rise to the transfer; or
(ii)(b)   at any time, if the company was existed at will at the time the applicant became a transferee by way of member dissociation, transfer, or entry of a charging order that gave rise to the transfer."
SECTION   __.   Section 33-44-103(b)(6) of the 1976 Code is amended to read:
"(6)   vary the requirement to wind up the limited liability company's business in a case specified in Section 33-44-801(b)(4) (3) or (4) (b)(5); or"
SECTION   __.   Section 33-44-404(a)(2) and (b)(2) of the 1976 Code is amended to read:
"(2)   except as otherwise provided in subsection (c) or in Section 33-44-801(b)(3)(i), any matter relating to the business of the company may be decided by a majority of the members.
(2)   except as otherwise provided in subsection (c) or in Section 33-44-801(b)(3)(i), any matter relating to the business of the company may be exclusively decided by the manager or, if there is more than one manager, by a majority of the managers; and".
SECTION   __.   Section 33-44-503(e) of the 1976 Code is amended to read:
"(e)   A transferee who does not become a member is entitled to shall:
(1)   receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled;
(2)   receive, upon dissolution, and winding up of the limited liability company's business:
(i)   in accordance with the transfer, the net amount otherwise distributable to the transferor;
(ii)   a statement of account only from the date of the latest statement of account agreed to by all the members;
(3)   seek under Section 33-44-801(b)(6)(5) a judicial determination that it is equitable to dissolve and wind up the company's business."
SECTION   __.   Section 33-44-603 of the 1976 Code is amended to read:
"Section 33-44-603.   (a)   If under Section 33-44-801 Upon a member's dissociation from a limited liability company results in a dissolution and winding up of the company's business, Article 8 applies. If a member's dissociation from the company does not result in a dissolution and winding up of the company's business under Section 33-44-801:
(1)   in an at-will company, the company must cause the dissociated member's distributional interest to be purchased under Article 7; and
(2)   in a term company, if the company:
(i)(a)   if the company dissolves and winds up its business on or before the expiration of its specified term, Article 8 applies to determine the dissociated member's rights to distributions; and
(ii)(b)   if the company does not dissolve and wind up its business on or before the expiration of its specified term, the company must cause the dissociated member's distributional interest to be purchased under Article 7 on the date of the expiration of the term specified at the time of the member's dissociation.;
(b)   Upon a member's dissociation from a limited liability company:
(1)(3)   the member's right to participate in the management and conduct of the company's business terminates, except as otherwise provided in Section 33-44-803, and the member ceases to be a member and is treated the same as a transferee of a member;
(2)(4)   the member's duty of loyalty under Section 33-44-409(b)(3) terminates; and
(3)(5)   the member's duty of loyalty under Section 33-44-409(b)(1) and (2) and duty of care under Section 33-44-409(c) continue only with regard to matters arising and events occurring before the member's dissociation, unless the member participates in winding up the company's business pursuant to Section 33-44-803."
SECTION   __.   Section 33-44-701(c) of the 1976 Code is amended to read:
"(c)   If the price and other terms of a purchase of a distributional interest are fixed or are to be determined by the operating agreement, the price and terms so fixed or determined govern the purchase unless the purchaser defaults. If a default occurs, the dissociated member is entitled to commence a proceeding to have the company dissolved under pursuant to Section 33-44-801(b)(5)(iv)(4)(d)."
SECTION   __.   A.   Section 12-37-2810 of the 1976 Code, as added by Act 461 of 1996, is amended to read:
"Section 12-37-2810.   As used in this article, unless the context requires otherwise:
(A)   'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service. A motor carriers are further carrier is defined further as being a South Carolina-based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight or persons.
(B)   'Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.
(C)   'Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.
(D)   'Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.
(E)   'Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.
(F)   'Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(G)   'Bus' means every motor vehicle designed for carrying more than sixteen passengers and used for the transportation of persons, for compensation, other than a taxicab or intercity bus."
B.   Section 12-37-2820 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2820.   (A)   The Department of Revenue annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:
(1) Year One     -     .90
(2) Year Two     -     .80
(3) Year Three     -     .65
(4) Year Four     -     .50
(5) Year Five       -     .35
(6) Year Six       -     .25
(7) Year Seven     -     .20
(8) Year Eight     -     .15
(9) Year Nine     -     .10
(B)   'Gross capitalized cost', as used in this section, means the original cost upon acquisition for income tax purposes, not to include taxes, interest, or cab customizing."
C.   Section 12-37-2830 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2830.   The value of a motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Revenue based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year."
D.   Section 12-37-2840 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2840.   Motor carriers must file an annual property tax return with the Department of Revenue no later than the thirtieth day of June 30 for the preceding calendar year and remit one-half or the entire tax due as stated on the return. If the motor carrier fails to file its return, the department shall issue a proposed assessment which assumes all mileage was within this State. If one-half of the tax is remitted on or before June 30, the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31. If the motor carrier fails to remit tax due pursuant to this section, the department shall issue a notice to the motor carrier demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department of Public Safety, which must may not renew the registrations of the motor vehicles required by this article to be on the property tax return. A twenty-five percent penalty must be added to the property tax due and the tax and penalty must be paid in full by cashier's check, money order, or cash. The penalty required by this section is instead of all other penalties and interest required by law.
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles."
E.   Section 12-37-2850 of the 1976 Code, as last amended by Act 125 of 1997, is further amended to read:
"Section 12-37-2850.   The Department of Revenue shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current preceding calendar year and shall publish the average millage for the preceding year by June 1 of each year. The average millage may be increased to cover loss of revenue incurred by the Department of Revenue from not licensing trailers. The taxes assessed must be paid to the Department of Revenue no later than December thirty-first 31 of each year and may be made in two equal installments. Distribution of the taxes paid must be made by the State Treasurer's Office based on the distribution formula contained in Section 12-37-2870."
F.   This act takes effect upon approval by the Governor for calendar years beginning after December 31, 1997.
SECTION   __.   Section 4-10-40(B) of the 1976 Code, as last amended by Act 109 of 1991, is further amended to read:
"(B)(1)   All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable fiscal year of the political subdivision and the denominator is the total of the appraised value of taxable property in the county or municipality as of January first 1 of the applicable taxable year.
(2)   For purposes of this chapter:
(a)   property tax liability includes liability to pay fees in lieu of property taxes;
(b)   taxable property includes exempt property for which the owner must pay fees in lieu of property taxes; and
(c)   reference to liability for fees in lieu of tax applies to fees arising pursuant to Section 4-1-170 in connection with location in a mult-county industrial or business park as provided in Section 13 of Article VIII of the Constitution of the State of South Carolina."/
Renumber sections to conform.
Amend title to conform.

Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.

The amendment was adopted.

Senators PASSAILAIGUE, REESE, RANKIN, O'DELL, McCONNELL, WILSON and GROOMS proposed the following Amendment No. 3 (4853R004.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____.A.   Section 12-14-40 of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"Section 12-14-40.   (A)   The designation of an area as an economic impact zone must be made by the State Budget and Control Board. It remains in effect during the period beginning on the date the board designates the area an economic impact zone and ending on the earlier of:
(1)   December thirty-first of the fifteenth calendar year following the calendar year in which the designation occurs, or
(2)   a termination date designated by legislative enactment of the General Assembly.
(B)   A designation may be revoked by the General Assembly only after a hearing on the record in which officials of the county or municipality involved may participate."
B.   Section 12-14-60 of the 1976 Code, as amended by Act 151 of 1997, is further amended to read:
"Section 12-14-60.   (A)   (1)   There is allowed as a an economic impact zone investment tax credit against the tax imposed pursuant to Chapter 7 6 of this title an economic impact zone investment tax credit for any taxable year in which the taxpayer places in service an amount equal to five percent of the aggregate bases of economic impact zone qualified manufacturing and productive equipment properties property. placed in service during such taxable year in the economic impact zone.
(2)   The amount of the credit allowed by this section is equal to the aggregate of:
three-year property   one percent of total aggregate bases for all three-year property that qualifies;
five-year property     two percent of total aggregate bases for all five-year property that qualifies;
seven-year property   three percent of total aggregate bases for all seven-year property that qualifies;
ten-year property     four percent of total aggregate bases for all ten-year property that qualifies;
fifteen-year property
or greater           five percent of total aggregate bases for all fifteen-year or greater property that qualifies.
For purposes of this section, whether property is three-year property, five-year property, seven-year property, ten-year property, or fifteen-year property is determined based on the applicable recovery period for such property under Section 168(e) of the Internal Revenue Code.
(B)   For purposes of this section:
(1)   'economic impact zone qualified manufacturing and productive equipment property' means any property:
(a)   which is used as an integral part of manufacturing, or production, or used as an integral part of extraction of or furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services in the economic impact zone;
(b)   which is tangible property to which Section 168 of the Internal Revenue Code applies;
(c)   which is Section 1245 property (as defined in Section 1245(a)(3)of the Internal Revenue Code); and
(d)(I)   the construction, reconstruction, or erection of which is completed by the taxpayer in the economic impact zone; or
(ii)   which is acquired by the taxpayer if the original use of such property commences with the taxpayer inside the economic impact zone.
(2)   In the case of any computer software which is used to control or monitor a manufacturing or production process inside the economic impact zone and with respect to which depreciation (or amortization in lieu of depreciation) is allowable, the software must be treated as qualified manufacturing and productive equipment property.
(C)   This section does not apply to any property to which the other tax credits would apply unless the taxpayer elects to waive the application of the other credits to the property.
(D)   Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned.
(E)   If during any taxable year and before the end of applicable recovery period for such property as determined under Section 168(e) of the Internal Revenue Code, the taxpayer disposes of or removes from the economic impact zone, economic impact zone qualified manufacturing and productive equipment property, then the tax due under Chapter 6 by the taxpayer for the current taxable year must be increased by an amount of any credit claimed in prior years with respect to such property
determined by assuming the credit is earned ratably over the useful life of the property and recapturing pro rata the unearned portion of the credit.
(F)   For South Carolina income tax purposes, the basis of the economic impact zone qualified manufacturing and productive equipment property must be reduced by the amount of any credit claimed with respect to the property. If a taxpayer is required to recapture the economic impact zone investment tax credit in accordance with subsection (E), the taxpayer may increase the basis of the property by the amount of any basis reduction attributable with claiming the economic impact zone investment tax credit in prior years. The basis must be increased in the year in which the credit is recaptured.
(G)   Credits claimed under this section for taxable years beginning after 1997 may not reduce a taxpayer's state income tax liability by more than fifty percent.
(H)   The credit allowed by this section for investments made after June 30, 1998, is limited to no more than five million dollars for an entity subject to the license tax as provided in Section 12-20-100.
(I)   Notwithstanding any amendments to Section 12-14-60 of the 1976 Code enacted in the 1998 session of the General Assembly reducing the percentage amount of the economic impact zone investment tax credit or otherwise reducing the amount of the credit allowed, in the case of investments at a project operated by a company pursuant to a revitalization agreement entered into between the company and the South Carolina Advisory Council for Economic Development effective on or before July 1, 1996, the provisions of Section 12-14-60 in existence prior to the 1998 amendment shall apply."/
Renumber sections to conform.
Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
On motion of Senator MOORE, with unanimous consent, the Senate took the Bill up for immediate consideration.

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

Senator COURTNEY proposed the following Amendment No. 2 (JUD4445.005), which was adopted:
Amend the bill, as and if amended, page 7, beginning on line 17, by striking SECTION 5 in its entirety and inserting therein the following:
/SECTION   5.   Sections 19-1-180(A) and (C) of the 1976 Code are amended to read:
"(A)   An out-of-court statement made by a child who is under twelve years of age or who functions cognitively, adaptively, or developmentally under the age of twelve at the time of the a family court proceeding brought pursuant to Section 20-7-610 or 20-7-736 Title 20 concerning an act of alleged abuse or neglect as defined by Section 20-7-490 that is not otherwise admissible in evidence is admissible in the family court proceeding if the requirements of this section are met regardless of whether the statement would be otherwise inadmissible
(C)   The proponent of the statement shall inform the adverse party of the proponent's intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered. If the child is twelve years of age or older, the adverse party may challenge the professional decision that the child functions cognitively, adaptively, or developmentally under the age of twelve."
SECTION   6.   Section 20-7-420 of the 1976 Code, as last amended by Act 71 of 1997, is further amended by adding an appropriately numbered item at the end to read:
"( )   To hear and determine actions concerning control of the person of a minor, including guardianship of the minor."
SECTION   7.   That portion of Section 20-7-490 of the 1976 Code preceding the enumerated items, as last amended by Act 450 of 1996, is further amended to read:
"When used in this article , or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:"
SECTION   8.   Section 20-7-510 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A)   A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or child care worker in any day care center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home or persons responsible for processing of films or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect.
(B)   Except as provided in subsection (A), any other person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section. If a person required to report pursuant to subsection (A) has received information in the person's professional capacity which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency.
(C)   Except as provided in subsection (A), any person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section.
(C) (D)   Reports of child abuse or neglect may be made orally by telephone or otherwise to the county department of social services or to a law enforcement agency in the county where the child resides or is found.
Where reports are made pursuant to this section to a law enforcement agency, the law enforcement agency shall notify the county department of social services of the law enforcement's response to the report at the earliest possible time.
Where a county or contiguous counties have established multicounty child protective services, pursuant to Section 20-7-650, the county department of social services immediately shall transfer reports pursuant to this section to the service.
(E)   The identity of the person making a report pursuant to this section must be kept confidential by the agency or department receiving the report and must not be disclosed except as provided for in this chapter.
When the department refers a report to a law enforcement agency for a criminal investigation, the department must inform the law enforcement agency of the identity of the person who reported the child abuse or neglect. The identity of the reporter must only be used by the law enforcement agency to further the criminal investigation arising from the report, and the agency must not disclose the reporter's identity to any person other than an employee of the agency who is involved in the criminal investigation arising from the report. If the reporter testifies in a criminal proceeding arising from the report, it must not be disclosed that the reporter made the report.
When a law enforcement agency refers a report to the department for an investigation or other response, the law enforcement agency must inform the department of the identity of the person who reported the child abuse or neglect. The department must not disclose the identity of the reporter to any person except as authorized by Section 20-7-690."
SECTION   9.   Section 20-7-540 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-540.   A person required or permitted to report pursuant to this article or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed. Immunity under this section extends to full disclosure by the person of facts which gave the person reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect."
SECTION   10.   Section 20-7-545 of the 1976 Code, as amended by Act 101 of 1997, is further amended to read:
"Section 20-7-545.   An employee, volunteer, or official of the Department of Social Services required or authorized to perform child protective or child welfare-related functions or an individual with whom the department has contracted to convene family group conferences or a law enforcement officer required or authorized to perform child protective or child welfare related functions is immune from civil or criminal liability which might otherwise result by reason of acts or omissions within the scope of the official duties of the employee, volunteer, convener, officer, or official, so as long as the employee, volunteer, convener, officer, or official acted in good faith and was not reckless, wilful, wanton, or grossly negligent. In all such civil or criminal proceedings good faith is rebuttably presumed. This grant of immunity is cumulative to and does not replace any other immunity provided under the South Carolina Tort Claims Act."
SECTION   11.   Section 20-7-560 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-560.   A person required to report a case of child abuse or neglect or a person required to perform any other function under this article who knowingly fails to do so, or a person who threatens or attempts to intimidate a witness is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. The penalty provided for in this section shall be the exclusive remedy for a failure to report a pregnant woman suspected of child abuse or neglect."
SECTION   12.   Section 20-7-610(A)(1), (I)(2), (M) and (N) of the 1976 Code, as last amended by Act 130 of 1997, is further amended to read:
"(1)   the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency physical custody or emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;
(2)   both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement. A probable cause hearing pursuant to subsection (M) shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings. If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in subsection (K). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time.
(M)   The family court shall schedule a probable cause hearing to be held within seventy-two hours of the time the child was taken into emergency protective custody. If the third day falls upon a Saturday, Sunday, or holiday, the probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, the probable cause hearing may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by video conference at the discretion of the judge. At the probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall determine whether there was probable cause for taking emergency protective custody and for the department to assume legal custody of the child and shall determine whether probable cause to retain legal custody of the child remains at the time of the hearing. At the probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the department's witnesses as to whether there existed probable cause to effect emergency removal. The hearing on the merits to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within thirty-five days of the date of receipt of the removal petition. At the probable cause hearing, the court shall set the time and date for the hearing on the merits. A party may request a continuance that would result in the hearing being held more than thirty-five days after the petition was filed, and the court may grant the request for continuance only if exceptional circumstances exist. If a continuance is granted, the hearing on the merits must be completed within sixty-five days following receipt of the removal petition. The court may continue the hearing on the merits beyond sixty-five days without returning the child to the home only if the court issues a written order with findings of fact supporting a determination that the following conditions are satisfied, regardless of whether the parties have agreed to a continuance:
(1)   The court finds that the child should remain in the custody of the department because there is probable cause to believe that returning the child to the home would seriously endanger the child's physical safety or emotional well-being;
(2)   The court schedules the case for trial on a date and time certain which is not more than thirty days after the date the hearing was scheduled to be held; and
(3)   The court finds that exceptional circumstances support the continuance.
The court may continue the case past the date and time certain set forth in subsection (M) only if the court issues a new order as required in subsection (M).
The court may continue the case because a witness is unavailable only if the court enters a finding of fact that the court cannot decide the case without the testimony of the witness. The court shall consider and rule on whether the hearing can begin and then recess to have the witness' testimony taken at a later date or by deposition. The court shall rule on whether the party offering the witness has exercised due diligence to secure the presence of the witness or to preserve the witness' testimony.
This subsection does not prevent the court from conducting a pendente lite hearing on motion of any party and issuing an order granting other appropriate relief pending a hearing on the merits.
If the child is returned to the home pending the merits hearing, the court may impose such terms and conditions as it determines appropriate to protect the child from harm, including measures to protect the child as a witness.
When a continuance is granted pursuant to this subsection, the family court shall ensure that the hearing is rescheduled within the time limits provided herein and give the hearing priority over other matters pending before the court except a probable cause hearing held pursuant to this subsection.
(N)   An order issued as a result of the probable cause hearing held pursuant to subsection (K) concerning a child of whom the department has assumed legal custody shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1)   the services made available to the family before the department assumed legal custody of the child and how they related to the needs of the family;
(2)   the efforts of the department to provide services to the family before assuming legal custody of the child;
(3)   why the efforts to provide services did not eliminate the need for the department to assume legal custody;
(4)   whether a meeting was convened as provided in subsection (D), the persons present, and the outcome of the meeting or, if no meeting was held, the reason for not holding a meeting;
(5)   what efforts were made to place the child with a relative known to the child or in another familiar environment;
(6)   whether the efforts to eliminate the need for the department to assume legal custody were reasonable including, but not limited to, whether services were reasonably available and timely, reasonably adequate to address the needs of the family, reasonably adequate to protect the child and realistic under the circumstances, and whether efforts to place the child in a familiar environment were reasonable.
If the court finds that reasonable services would not have allowed the child to remain safely in the home, the court shall find that removal of the child without services or without further services was reasonable."
SECTION   13.   That portion of Section 20-7-618(A) of the 1976 Code preceding the enumerated text, as added by Act 450 of 1996, is amended to read:
"A physician or hospital to which a child has been brought for treatment may detain the child in emergency physical custody for up to twenty-four hours without the consent of the person responsible for the child's welfare if the physician or hospital:"
SECTION   14.   Section 20-7-650(C) of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding at the end:
"This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home."
SECTION   15.   Section 20-7-650(R) of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"(R)   The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor children and physical placement of the children is in the care of relatives, the agency must provide the same services along with financial benefits provided to other licensed foster care placement and facilities, provided the adults with whom the child is placed meet all qualifications applicable to foster parents."
SECTION   16.   Section 20-7-690(B) (6), (7), (13), and (14), (C), and (D) of the 1976 Code, as last amended by Act 450 of 1996, are further amended to read:
"(6)   a child ten fourteen years of age or older who is the subject of a report named in a report as a victim of child abuse or neglect, except in regard to information that the department may determine to be detrimental to the emotional well-being of the child;
(7)   the parents or guardians of a child who is the subject of a report named in a report as a victim of child abuse or neglect;
(13)   authorities in other states conducting child abuse and neglect proceedings or child custody proceedings investigations or providing child welfare services;
(14)   courts in other states conducting child abuse and neglect investigations or providing child welfare services proceedings or child custody proceedings;
(C)   The department may limit the information disclosed to individuals and entities named in subsection (B) (13), (14), (15), (16), (17), (18), and (20) to that information necessary to accomplish the purposes for which it is requested or for which it is being disclosed. Nothing in this subsection gives to these entities or persons the right to review or copy the complete case record.
(D)   When a request for access to the record comes from an individual identified in subsection (A)(B)(5), (6), or (7) or that person's attorney, the department shall review any reports from medical care providers and mental health care providers to determine whether the report contains information that does not pertain to the case decision, to the treatment needs of the family as a whole, or to the care of the child. If the department determines that these conditions exist, before releasing the document, the department shall provide a written notice identifying the report to the requesting party and to the person whose treatment or assessment was the subject of the report. The notice may be mailed to the parties involved or to their attorneys or it may be delivered in person. The notice shall state that the department will release the report after ten days from the date notice was mailed to all parties and that any party objecting to release may apply to the court of competent jurisdiction for relief. When a medical or mental health provider or agency furnishes copies of reports or records to the department and designates in writing that those reports or records are not to be further disclosed, the department must not disclose those documents to persons identified in subsection (A)(B)(5), (6), or (7) or that person's attorney. The department shall identify to the requesting party the records or reports withheld pursuant to this subsection and shall advise the requesting party that he may contact the medical or mental health provider or agency about release of the records or reports."
SECTION   17.   Section 20-7-690 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding an appropriately lettered subsection to read:
"( )   The department may disclose to participants in a family group conference relevant information concerning the child or family or other relevant information to the extent that the department determines that the disclosure is necessary to accomplish the purpose of the family group conference. Participants in the family group conference must be instructed to maintain the confidentiality of information disclosed by the agency."
SECTION   18.   Section 20-7-736(F) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(F) A   The court shall not order that a child must not be removed from the custody of the parent or guardian unless the court finds that the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed."
SECTION   19.   That portion of Section 20-7-765(A) of the 1976 Code preceding the enumerated items, added by Act 450 of 1996, is amended to read:
"When the conditions justifying removal pursuant to Section 20-7-736 include the addiction of the parent or abuse by the parent of controlled substances, the court may require as part of the treatment placement plan ordered pursuant to Section 20-7-764:"
SECTION   20.   Section 20-7-766(G) and (H) of the 1976 Code, as last amended by Act 450 of 1996, are further amended to read:
"(G)   After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (F).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The courts court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (E)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (E)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
(H)   All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report, and notice of the hearing must be served upon all named parties at least forty ten days before the hearing."
SECTION   21.   Section 20-7-766 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding an appropriately numbered subsection to read:
"( )   The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal."
SECTION   22.   The 1976 Code is amended by adding:
"Section 20-7-768.   (A)   Beginning on January 1, 1999, or on the date of compliance with subsection (D), whichever is later, and on the first day of each month thereafter, each county clerk of court must make a report to Court Administration concerning each child protection case pending in family court in which a permanency planning order has not been filed. The report must include the case caption, the filing date, and, if applicable, the date of the permanency planning hearing and the permanency planning order. The clerk is not required to make a report concerning a case after a permanency planning order has been filed in the case.
(B)   Court Administration must provide the Administrative Judge of the family court of each circuit with the information reported concerning cases pending in the circuit.
(C)   On August fifteenth of each year, the Director of Court Administration must file with the Chief Justice of the South Carolina Supreme Court, with copies to the Department of Social Services and the Governor, a written report summarizing the information reported by the clerks of court pursuant to this section. The report shall contain, at a minimum, the following information summarized by county, by circuit, and by state:
(1)   The number of new cases brought by the department during the preceding twelve months; and
(2)   The number of cases filed more than twelve months in which a permanency planning order has not been filed.
The annual report must contain an analysis of the progress of these cases through the family court, identify impediments to complying with statutory mandates, and make recommendations for improving compliance.
(D)   No later than January 1, 1999, Court Administration must institute the use of a separate code to identify child protection cases in its data systems. However, if the Chief Justice, upon recommendation of Court Administration, determines that there is a compelling reason why it is not feasible to institute the use of a separate code by January 1, 1999, compliance with this subsection may be deferred for up to twelve months, as necessary, for making adjustments in the data systems. The date of compliance and the compelling reason for any delay beyond January 1, 1999, shall be included in the report required by subsection (E).
(E)   Court Administration shall conduct a study of the feasibility of collecting additional data necessary to monitor and ensure compliance with statutory time frames for conducting hearings in DSS cases, and no later than July 1, 1999, shall submit a report to the Chief Justice, with copies to the Department of Social Services and the Governor, containing recommendations for instituting the necessary data collection system."
SECTION   23.   The second item of Section 20-7-1572 of the 1976 Code, as last amended by Act 22 of 1997, is further amended to read:
"(2)   The child has been removed from the parent pursuant to Section 20-7-610 or Section 20-7-736, has been out of the home for a period of six months following the adoption of a placement plan by court order or by agreement between the department and the parent, and the parent has not remedied the conditions which caused the removal;"
SECTION   24.   The 1976 Code is amended by adding:
"Section 20-7-1635.   (A)   When the Department of Social Services has custody of a child and places that child with a relative who is licensed to provide foster care, the agency must provide the same services and financial benefits as provided to other licensed foster homes. Children placed pursuant to this section are subject to the permanency planning requirements in Section 20-7-766.
(B)   If the department has determined that it is in the best interest of a child requiring foster care that the child be placed with a relative, and the relative is not licensed to provide foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, the department shall inform the relative of the procedures for obtaining licensure and the benefits of licensure. The department also shall provide information and reasonable assistance to a relative seeking a foster care license to the same extent that it provides this information and assistance to other persons contacting the department about foster care licensing."
SECTION   25.   Section 20-7-1640(A) of the 1976 Code as last amended by Act 164 of 1993, is further amended to read:
"(A)   A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint review have been conducted and the results submitted to the Department of Social Service. The Department of Social Services may issue a temporary license to a person after the favorable completion of the State Law Enforcement Division fingerprint review if each person subject to the fingerprinting requirements affirms in writing on a form provided by the department that he or she has not been convicted of any crime provided for in Section 20-7-1642. The temporary license shall be valid until such time as the Federal Bureau of Investigation results are received by the department, and a permanent license is issued or denied, unless the department terminates the temporary license earlier."
SECTION   26.   Section 20-7-2376(A) of the 1976 Code, as last amended by Act 39 of 1987, is further amended to read:
"(A)   To review every six months but no less frequently than once every six months the cases of children who have resided in public foster care for a period of more than four consecutive months and to review every six months the cases of children who have resided in private foster care for a period of more than six consecutive months to determine what efforts have been made by the supervising agency or child caring facility to acquire a permanent home for the child. Following review of a case pursuant to this section, the local foster care review board shall submit a written report and recommendations to the court concerning the case. In order for the report and recommendations of the foster care review board to be easily identifiable and accessible by the judge, the report and recommendations must be visually distinct from other documents in the case file in their coloring or other prominent aspect. A child's return home for temporary placements, trial placements, visits, holidays, weekend visits, or changes from one foster care placement to another must not be construed to mean a break or lapse in determination of a consecutive four-month period for children in public foster care or six-month period for children in private foster care;"
SECTION   27.   Section 59-63-31 of the 1976 Code, as added by Act 163 of 1991, is amended to read:
"Section 59-63-31.   (A)   Children within the ages prescribed in Section 59-63-20 also are entitled to attend the public schools of a school district, without charge, if:
(1)   the child resides with one of the following who is a resident of the school district:
(a)   a person who is not the child's parent or legal guardian to whom the child's custody has been awarded by a court of competent jurisdiction;
(b)   a foster parent or in a residential community-based care facility licensed by the Department of Social Services or operated by the Department of Social Services or the Department of Youth Services Juvenile Justice; or
(c)   the child resides with an adult resident of the school district as a result of:
(i)   the death, serious illness, or incarceration of a parent or legal guardian;
(ii)   the relinquishment by a parent or legal guardian of the complete control of the child as evidenced by the failure to provide substantial financial support and parental guidance;
(iii)   abuse or neglect by a parent or legal guardian;
(iv)   the physical or mental condition of a parent or legal guardian is such that he or she cannot provide adequate care and supervision of the child; or
(v)   a parent's or legal guardian's homelessness, as that term is defined by Public Law 100-77;
(2)   the child is emancipated and resides in the school district; or
(3)   the child is homeless or is a child of a homeless individual, as defined in Public Law 100-77, as amended.
In addition to the above requirements of this section subsection, the child shall also satisfy the requirements of Section 59-63-30(d) and (e).
(B)   A child between five and twenty-one years of age is entitled to continue attending a particular public school or a successor school in the same school district without charge if:
(1)   the child has been attending the school or a predecessor school in the same district prior to being taken into custody by the Department of Social Services or prior to being moved from one placement to another by the department;
(2)   the Department of Social Services places the child outside the school district or school attendance zone in a foster home or residential community-based facility licensed or operated by the department; and
(3)   the Department of Social Services has determined that it is in the child's best interests for the child to continue attending the school, and that transportation for the child to and from the school is reasonably available.
In addition to the requirements of this subsection, the child also shall satisfy the requirements of Section 59-63-30(d) and (e)."
SECTION   28.   Section 1(C) of Joint Resolution 157 of 1997 is amended by adding at the end:
"Notwithstanding any other provision of law, the evaluation provided for in this subsection is the only evaluation or performance audit of the child protective services system that is required to be conducted by the department in counties participating in the pilot project.
The department must take all reasonable steps to ensure that data collection and reporting requirements and practices of the department do not interfere with the implementation or evaluation of the pilot project, or the achievement of the objectives of the pilot project. Variations in or waivers from statewide data collection and reporting requirements shall be among the reasonable steps used by the department. Achievement of the objectives of the pilot project requires that human resources available for serving the department's client population be maximized. To this end, data collection, reporting, and paperwork requirements on local staff shall be reduced to the extent consistent with state and federal requirements and the reasonable needs of the agency for data and documentation."
SECTION   29.   Section 3(A) of Joint Resolution 157 of 1997 is amended to read:
"(A)   In cases determined to be appropriate for an assessment track, the department must within twenty-four hours after acceptance of the report commence an assessment to determine whether or not the child is an abused or neglected child as defined in Section 20-7-490 of the 1976 Code and, if so, to identify and facilitate the provision of services to minimize the threat of future abuse and neglect. This determination must be made within thirty days after the assessment is commenced forty-five days after acceptance of the report. If the department determines that children in the home have not been abused or neglected, the case must be closed. When closing a case, the department may refer the family to appropriate service providers or provide written information to the family concerning problems identified in the assessment. An assessment does not require an indication of abuse or neglect by the department or placement of the alleged perpetrator on the Central Registry of Child Abuse and Neglect."
SECTION   30.   This act takes effect upon approval by the Governor./
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Senator PEELER assumed the Chair at 4:10 P.M.

H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
On motion of Senator WILSON, with unanimous consent, the Bill was taken up for immediate consideration.

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

Senator COURTNEY proposed the following Amendment No. 2 (JUD4804.001), which was adopted:
Amend the bill, as and if amended, page 1, line 32, Section 16-3-1040(A), as contained in SECTION 1, by inserting after the word /family/ the following:
/if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities/.
Amend the bill further, as and if amended, page 1, line 38, Section 16-3-1040(B), as contained in SECTION 1, by inserting after the word /family/ the following:
/if the threat is directly related to the public employee's official responsibilities/.
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

Senators HOLLAND, WILSON, LANDER and JACKSON proposed the following Amendment No. 4 (JUD4804.003), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION   ___.   This act is known and may be cited as the "South Carolina School Safety Act of 1998".
SECTION   ___.   The 1976 Code is amended by adding:
"Section 5-7-12.   (A)   The governing body of a municipality or county may upon the request of any other governing body or of any other political subdivision of the State, including school districts, designate certain officers to be assigned to the duty of a school resource officer and to work within the school systems of the municipality or county. The person assigned as a school resource officer shall have statewide jurisdiction to arrest persons committing crimes in connection with a school activity or school-sponsored event. When acting pursuant to this section and outside of the sworn municipality or county of the school resource officer, the officer shall enjoy all authority, rights, privileges, and immunities, including coverage under the workers' compensation laws that he would have enjoyed if operating in his sworn jurisdiction.
(B)   For purposes of this section, a 'school resource officer' is defined as a person who is a sworn law enforcement officer pursuant to the requirements of any jurisdiction of this State, who has completed the basic course of instruction for School Resource Officers as provided or recognized by the National Association of School Resource Officers or the South Carolina Criminal Justice Academy, and who is assigned to one or more school districts within this State to have as a primary duty the responsibility to act as a law enforcement officer, advisor, and teacher for that school district."
SECTION   ___.   The 1976 Code is amended by adding:
"Section 59-63-335.   Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 or failure to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability for payment of a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330."
SECTION   ___.   Section 59-63-360 of the 1976 Code, as added by Act 324 of 1996, is amended to read:
"Section 59-63-360.   The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when the a criminal case is appealed to an appellate court of competent jurisdiction."
SECTION   ___.   Section 59-63-370 of the 1976 Code, as added by Act 80 of 1997, is amended to read:
"Section 59-63-370.   Notwithstanding any other provision of law:
(1)   When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense as defined in Section 16-1-60, an offense in which a weapon as defined in Section 59-63-370 was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, of Title 44 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, or intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from the students a student convicted of or adjudicated delinquent for assault and battery against school personnel or a violent an offense listed in this item.
(2)   When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3)   An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60 an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4)   If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.
A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."
SECTION   ___.   Section 20-7-8505 of the 1976 Code, as added by Act 383 of 1996, is further amended to read:
"Section 20-7-8505.   Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, a copy of and, if requested, information pertaining to that person's juvenile criminal record notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole, and Pardon Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION   ___.   Section 16-23-430 of the 1976 Code is amended to read:
"Section 16-23-430   (1)   It shall be is unlawful for any person, except State state, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."/
Renumber sections to conform.
Amend title to conform.

Senator WILSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Columbia, S.C., May 28, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
asks for a Committee of Conference, and has appointed Reps. Howard, Askins and McGee of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators ANDERSON, WILSON and GIESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Very respectfully,
Speaker of the House

On motion of Senator SALEEBY, the Senate insisted upon its amendments to S. 310 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, PATTERSON and MARTIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Cato, Kirsh and Tripp of the Committee of Conference on the part of the House on:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
asks for a Committee of Conference, and has appointed Reps. McKay, Keegan and Koon of the Committee on the part of the House.

Very respectfully,
Speaker of the House

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

H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.

On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator PEELER spoke on the report.

On motion of Senator PEELER, the Report of the Committee of Conference to H. 4802 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295 SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-425.   A registration of watercraft may not be renewed pursuant to this chapter if the department has notice that property taxes are owed on the watercraft. If renewal of registration has been denied pursuant to this section, a tax receipt from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Woodrow M. McKay               /s/Harvey S. Peeler
/s/Larry L. Koon                  /s/C. Tyrone Courtney
/s/Thomas G. Keegan               /s/J. Yancey McGill
On Part of the House.             On Part of the Senate.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.

On motion of Senator COURTNEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator COURTNEY spoke on the report.

On motion of Senator COURTNEY, the Report of the Committee of Conference to S. 22 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 30-4-30 of the 1976 Code is amended by adding:
"(d)   The following records of a public body must be made available for public inspection and copying during the hours of operations of the public body without the requestor being required to make a written request to inspect or copy the records when the requestor appears in person:
(1)   minutes of the meetings of the public body for the preceding six months;
(2)   all reports identified in Section 30-4-50(A)(8) for at least the fourteen-day period before the current day; and
(3)   documents identifying persons confined in any jail, detention center, or prison for the preceding three months."
SECTION   2.   That portion of Section 30-4-40(a) of the 1976 Code, which precedes item (1), is amended to read:
"The following matters are exempt from disclosure under the provisions of this chapter: A public body may but is not required to exempt from disclosure the following information:"
SECTION   3.   Section 30-4-40(a)(5) of the 1976 Code is amended to read:
"(5)   Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:
(a)   these documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;
(b)   a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed, but this exemption applies only to those contracts of sale or purchase where the execution of the deed occurs within twelve months from the date of sale or purchase;
(c)   confidential proprietary information provided to a public body for economic development or contract negotiations purposes is not required to be disclosed."
SECTION   4.   Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )   All materials, regardless of form, gathered by a public body during a search to fill an employment position, except that materials relating to not fewer than the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item 'materials relating to not fewer than the final three applicants' do not include an applicant's income tax returns, medical records, social security number, or information otherwise exempt from disclosure by this section."
SECTION   5.   Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )(A)   Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B)   Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of or as a result of study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C)   The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION   6.   Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )   The identity, or information tending to reveal the identity, of any individual who in good faith makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation, to a state regulatory agency."
SECTION   7.   Section 30-4-50(A)(8) of the 1976 Code, as last amended by Act 269 of 1992, is further amended to read:
"(8)   incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an a incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report."
SECTION   8.   Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70.   (a)   A public body may hold a meeting closed to the public for one or more of the following reasons:
(1)   Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held, such the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2)   Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said the agency of a claim.
(3)   Discussion regarding the development of security personnel or devices.
(4)   Investigative proceedings regarding allegations of criminal misconduct.
(5)   Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6)(b)   Prior Before to going into executive session the public agency shall vote in public on the question and when such the vote is favorable, the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, 'specific purpose' means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity being discussed is not required to be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No formal action may be taken in executive session. As used in this item "formal action" means a recorded vote committing the body concerned to a specific course of action. No vote action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session.
(b)(c)   No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(c)(d)   This chapter does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(d)(e)   Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION   9.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Glenn F. McConnell             /s/James S. "Jim" Klauber
/s/C. Tyrone Courtney             /s/William Jeffrey "Jeff" Young
/s/Robert Ford                    /s/John David Hawkins
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
asks for a Committee of Conference, and has appointed Reps. Sandifer, Cobb-Hunter and Law of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, HAYES and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.

On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRYAN spoke on the report.

On motion of Senator BRYAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, HAYES and RANKIN to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator BRYAN, the Report of the Committee of Free Conference to H. 4755 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 27-40-120 of the 1976 Code is amended by adding:
"(9)   residence, whether temporary or not, at a charitable or emergency protective shelter, public or private."
SECTION   2.   Section 27-40-710(B) of the 1976 Code is amended to read:
"(B)   If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:

This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or
additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."
SECTION   3.   Section 27-47-110 of the 1976 Code is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act in Chapter 40 of Title 27, shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter."
SECTION   4.   Section 27-27-530 of the 1976 Code is amended to read:
"Section 27-47-530.   (A)   An owner may evict a resident for one or more of the following reasons:
(1)   failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2)   engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3)   noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4)   not paying rent within five days of its due date;
(5)   noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6)   wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7)   taking of the park or the part of it affecting the resident's lot by eminent domain;
(8)   other reason sufficient under common law.
(B)   Notwithstanding Section 27-37-100, A a writ of ejectment may not issue within until thirty ten days after of written notice to the resident of the commencement of the eviction action a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C)   If a manufactured home remains on the lot twenty days after the resident has been evicted, the procedure in Section 29-15-10 may be commenced in order to sell the home in a commercially reasonable sale at public auction. The manufactured home owner or resident is not prohibited from moving the home before the day of the sale; however, he must pay any filing fee or advertising costs incurred for initiating the procedure in Section 29-15-10."
SECTION   5.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/James E. Bryan, Jr.            /s/Gilda Cobb-Hunter
/s/Robert W. Hayes, Jr.           /s/James N. Law
/s/Luke A. Rankin                 /s/William E. "Bill" Sandifer, III
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested Free Conference Powers and was granted Free Conference Powers and appointed Reps. Sandifer, Cobb-Hunter and Law of the Committee of Free Conference on the part of the House on:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Very respectfully,
Speaker of the House

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
asks for a Committee of Conference, and has appointed Reps. Cotty, Campsen and Govan of the Committee on the part of the House.

Very respectfully,
Speaker of the House

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

Columbia, S.C., June 3, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
asks for a Committee of Conference, and has appointed Reps. Bailey, Askins and Seithel of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, MARTIN and ANDERSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 4975 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 4-23-880 of the 1976 Code is amended to read:
"Section 4-23-880.   It is unlawful in the fire district to park within five hundred feet of a place where fire apparatus or an emergency vehicle is stopped in answer to a fire alarm nor shall anyone an emergency and no person shall cause any highway, road, either public or private, in such the area of fire apparatus or emergency vehicles to be blocked by his vehicle in such a manner that fire apparatus or emergency vehicles will be hindered from reaching the scene of the fire emergency. It is also unlawful to drive a vehicle over any unprotected hose of a fire department without the consent of the fire department official in command on any street, road, or private driveway when such the hose is being used for fire fighting without consent of the fire department official in command. Any A person who violates the provisions of this section is deemed guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor or more than one hundred dollars."
SECTION   2.   Section 56-5-1960 of the 1976 Code is amended to read:
"Section 56-5-1960.   The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm an emergency closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm an emergency."
SECTION   3.   Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-3725.   License plates issued pursuant to this chapter shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization."
SECTION   4.   Section 5-25-30 of the 1976 Code is repealed.
SECTION   5.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore                /s/George H. Bailey
/s/Larry A. Martin                /s/Harry R. Askins
/s/Ralph Anderson                 /s/Lynn Seithel
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House
Received as information.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House concurred in the Senate amendments to the following Bills:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Very respectfully,
Speaker of the House

Columbia, S.C., June 4, 1998

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. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Very respectfully,
Speaker of the House

On motion of Senator PASSAILAIGUE, the Senate insisted upon its amendments to H. 4851 and asked for a Committee of Conference.

Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and McCONNELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to S. 567 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Chapter 13, Title 40 of the 1976 Code is amended to read:

Section 40-13-5.   (1) 'Cosmetology' means engaging in any one or a combination of the following practices, when done for compensation either directly or indirectly: arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair of any person, or wig or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations, or otherwise, or by waxing, tweezing, cleansing, stimulation, manipulating, beautifying, or similar work, the scalp, face, neck, arms, hands, or by manicuring or pedicuring the nails of any person, or similar work. No person licensed under this chapter shall use any substance or device which is proscribed for cosmetic use by state or federal agencies.
(2) 'Cosmetologist' means any person, not a student, who is licensed to practice cosmetology.
(3) 'Manicurist' means any person who is licensed to practice manicuring or pedicuring the nails or similar work.
(4) 'Esthetician' means any person who is licensed to practice skin care, make-up or similar work. Skin care shall be limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.
(5) 'Student' means any person who is engaged in learning or acquiring the practices of cosmetology and, while so learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor, licensed under this chapter.
(6) 'Instructor' means any person who is licensed to teach cosmetology or any practices thereof in accordance with this chapter.
(7) 'Place of Cosmetology', or 'Beauty Salon', or 'Hairdressing Establishment', hereinafter called 'salon', means any building, or any place or part thereof, in which cosmetology or any of its practices are performed on the general public for compensation.
(8) 'School of Cosmetology' or 'Beauty School', hereinafter called 'school', means any place or part thereof, in which cosmetology or any of its practices are taught.
Section 40-13-15.   Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of such establishments. No school shall operate in conjunction with a salon or any other business or have doors which interconnect with such salons or other businesses.
This chapter shall not be construed to affect the operation of any beauty shop, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
Section 40-13-20.   No person shall engage in, or attempt to engage in, or be employed to practice as a cosmetologist, manicurist, esthetician, or instructor, or operate a salon or school without having first obtained a license from the State Board of Cosmetology.
Section 40-13-30.   The State Board of Cosmetology is created composed of seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired terms. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments are made. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. Two members must not be connected with the practice of cosmetology. One member must be either an esthetician or a manicurist.
No appointed member of the board may serve more than two consecutive terms on the board. Members of the present board are eligible for reappointment for one more term, if they have not served two consecutive terms.
It is unlawful for a member of the board appointed or reappointed after July 1, 1981, or an inspector or employee of the board, or spouse, to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons.
The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except he may not participate in the examination of an applicant for a license.
Section 40-13-35.   There is created an Advisory Committee (committee) to the State Board of Cosmetology (board) composed of six members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term. No member shall be allowed to succeed himself.
The following associations or groups shall recommend one person to the Governor for appointment to the committee: the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools.
Such recommendations shall be submitted to the Governor not later than the thirty-first day of December of the year prior to the year in which appointments are made. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association which recommended him shall submit additional names to the Governor for consideration.
The terms of the members of the committee shall commence on the first day of April, beginning with April 1, 1983, for initial terms; provided, that the initial terms of the members recommended by the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, and the South Carolina Vocational Directors Association shall be for two years; provided, further, that these three members shall be allowed to succeed to a full four-year term of service on the committee if recommended and appointed pursuant to the provisions of this section.
Committee members shall serve without compensation. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings shall be kept by the board as part of its public record.
Section 40-13-40.   Members of the board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem authorized by law for state boards, committees, and commissions not to exceed fifteen days in any one month.
Section 40-13-50.   (1) The board shall adopt and use a common seal for the authentication of its orders and records.
(2) The books and records of the board shall constitute public records, and shall be open for public inspection at all reasonable times.
Section 40-13-60.   The board shall elect its own officers. The Director of the Department of Labor, Licensing, and Regulation may appoint a full-time secretary and any other employees, pursuant to Section 40-73-15, as may be necessary to carry out the work of the board. The compensation and expenses of the members of the board, the salaries of the secretary and the clerical employees, and all other expenses of the board shall be paid from appropriations of the General Assembly based on fees collected under the provisions of this chapter and deposited in accordance with Section 40-13-70. The secretary shall keep all records of the board, issue necessary notices to the licensees and perform such other duties, clerical and otherwise, as defined by the Director of the Department of Labor, Licensing, and Regulation. Such secretary shall furnish bond to the board with a duly licensed bonding company doing business in this State in the penal sum of ten thousand dollars conditioned on the faithful performance of the duties of his office.
Section 40-13-70.   All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity shall be remitted to the State Treasurer as collected, and shall be deposited in the general fund of the State.
Section 40-13-80   The board shall:
(1) Establish suitable procedures for carrying out its duties pursuant to the provisions of this chapter.
(2) Adopt and revise regulations consistent with this chapter, as may be necessary to carry out the provisions of the chapter.
(3) Initiate prosecution of persons violating the provisions of this chapter.
(4) Establish and collect license and other fees and assessments provided for in this chapter in amounts sufficient to fund the annual appropriations to the board.
(5) Monitor the professional and ethical competence of licensees.
(6) Order the revocation, suspension, or otherwise restrict the license of licensees or take other disciplinary action against them when appropriate. Such actions shall be taken pursuant to the relevant provisions of the Administrative Procedures Act.
Section 40-13-90.   (1) A license as a cosmetologist shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board, or is a registered master hair care specialist under the provisions of Chapter 7 of this title who has satisfied educational requirements established by the board by regulation;
(c) passes the examination prescribed by the board and pays the required fee.
(2) A license as an esthetician shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board;
(c) passes the examination prescribed by the board and pays the required fee.
(3) A license as a manicurist shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least three hundred hours in classes in manicuring in a reliable school approved by the board or comparable training approved by the board;
(c) passes the examination prescribed by the board and pays the required fee.
Section 4-13-100.   (1) Each applicant for an examination shall make application to the board on forms prepared and furnished by the secretary. Such application shall include the applicant's oath as to the truth of the contents of the application. The application shall be accompanied by the required examination fee.
(2) Upon approval of an application for examination for a cosmetologist, esthetician or manicurist license or the opening of a salon, the board may issue a temporary work permit valid for a period not to exceed sixty days which, in the case of a cosmetologist, esthetician or manicurist applicant, will allow them to practice until receipt of license and, in the case of a salon, allow them to operate such salon until an inspection is made by the board or its agent to determine whether the salon has satisfactory facilities, equipment, and sanitary and safety conditions on the premises for which the license is applied for.
Section 40-13-110.   The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians or manicurists not less than three times each year, at such times and places as the board may determine. The examination of applicants for any license under this chapter shall be conducted under rules prescribed by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Such examinations shall be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
Section 40-13-120.   The board may grant to residents of other states or the District of Columbia full reciprocity with respect to practicing cosmetology, esthetics or manicuring in this State when such persons are properly licensed and registered under the laws of any other state or the District of Columbia and are otherwise qualified.
Section 40-13-130.   Application, registration, and license fees collected by the board are not refundable.
Section 40-13-140.   Every holder of a license under this chapter shall display it in a conspicuous place adjacent to or near his work chair.
Section 40-13-150.   (1) No school shall be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, any room used wholly or partly as a salon or school.
(2) The members of the board, or their authorized agents, may enter any salon or school at any reasonable time for purposes of inspection.
Section 40-13-160.   The board is authorized to promulgate regulations to implement the provisions of this chapter. Regulations relating to the sanitary management of salons and schools shall not be promulgated by the board until approved by the Department of Health and Environmental Control.
Section 40-13-170.   (1) Any person, firm, corporation or association may apply to the board for licensing of a salon by filing an application form prescribed by the board and paying the original fee.
(2) Upon approval of a salon, a salon license shall be issued and it shall be displayed in a conspicuous place. The license shall be valid only for the location named on it and it shall not be transferable.
(3) Any salon shall fully comply with all provisions of this chapter applicable thereto and with all rules and regulations promulgated by the board.
Section 40-13-180.   A minimum curriculum for schools and minimum qualifications for teachers therein shall be prescribed by the board. The board shall issue a teacher's license to anyone who meets the prescribed qualifications upon payment of the fee for teacher's examination and the license fee. The teacher's license shall be renewed annually upon the payment of a renewal fee by the teacher and upon proof to the board of the teacher having had advanced training approved by the board during the year.
Section 40-13-190.   Upon approval of a school by the board, a license shall be issued and be displayed in a conspicuous place at the school. The license shall be valid only for the location named on it, and it shall not be transferable.
Section 40-13-200.   The owner or manager of a school shall enter into a written contract with each student before permitting him to attend classes. The contract shall be executed in triplicate. The original shall be retained by the school, the first copy given to the student, and the second copy filed with the board. The contract shall contain certification that the student is at least sixteen years of age or will have attained such age prior to the completion of the course of instruction and possesses at least a tenth grade education, as certified by the school last attended, or the equivalent thereof as established by tests used in public schools or as established by psychological examinations determined by a certified psychologist.
Section 40-13-210.   (1) Any person, firm, corporation or association may apply to the board for licensing of a school by filing a form prescribed by the board and paying the original license fee. Applicants shall at the time of application submit a detailed floor plan and a true copy of their form for students' contracts. They shall also furnish a bond to the board issued by a licensed bonding company doing business in this State. Such bond shall be in the penal sum of five thousand dollars and shall be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling therein. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between him and the owner or manager of the school.
(2) All licensed schools shall fully comply with the provisions of this chapter applicable thereto, and with the rules and regulations promulgated by the board.
(3) No license for a school shall be issued unless the owner presents evidence satisfactory to the board that he has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
Section 40-13-220.   It shall be unlawful to operate any school without a license or to violate any of the provisions of this chapter relating to schools; provided, however, a school may be operated in and as part of an accredited high school, trade school or industrial school, and any school so operated shall be exempt from the requirements of this chapter as to school licensing, execution of a bond and entering into contracts with its students.
Section 40-13-230.   A copy of sanitary rules and regulations adopted by the board shall be furnished by the board to the owner or manager of each salon or school in the State, and such copy shall be posted in a conspicuous place in each salon and school.
Section 40-13-240.   (1) The holder of any individual license issued by the board shall annually on such date as may be designated by the board, renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board.
(2) A license to practice or teach cosmetology or any of its practices which has not been renewed prior to the date designated by the board, shall expire on that date. The holder of the expired license may have the license restored within three years of the date of the expiration, upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to assume the practices. The restoration fee shall be determined by the board.
(3) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant. The examination may include such practical demonstrations and written tests as the board determines to be necessary. The reexamination fee shall be determined by the board.
(4) The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee set by the board.
(5) Application for renewal of a school license shall be accompanied by proof of continued validation of the applicant's surety bond.
Section 40-13-250.   Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the board of any of the following:
(1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful, licentious or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements;
(2) That the holder of a license is addicted to alcohol or drugs to such an extent as to render him unfit to engage in the practices set forth in this chapter;
(3) That the holder of a license has been convicted of illegal or unauthorized practice in violation of the provisions of his or her license;
(4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice cosmetology;
(5) That the holder of a license has sustained any physical or mental disability which renders further practice by him or her dangerous to the public;
(6) That the holder of a license has violated the rules and regulations promulgated by the board or any section of this chapter;
(7) That the holder of a license is guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of cosmetology;
(9) That the holder of a license is guilty of the commission of any other act, during the course of practice which constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.
Section 40-13-255.   The holder of a license issued by the board found to be in violation of this chapter, related regulations, or an order of the board is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
Section 40-13-260.   (a) For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it, may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
(b) Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this chapter.
(c) Every communication, whether oral or written made by or on behalf of any person or firm to the board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.
(d) No provision of this chapter shall be construed to prohibit the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
Section 40-13-270.   The following persons and activities are exempt from the provisions of this chapter while engaged in the proper discharge of their professional duties:
(1) Manufacturers' representatives or sales persons in retail outlets who demonstrate products or techniques for promotional purposes;
(2) Educational activities conducted in connection with any monthly, annual or other special program from which the general public is excluded. This exemption shall apply only to the specific days of the special program.
(3) Any demonstrations conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.
Section 40-13-280.   Each of the following constitutes a misdemeanor, punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and for a second or subsequent offense by a fine of not more than five hundred dollars or imprisonment for not more than six months:
(1) The violation of, or the failure to comply with, any of the provisions of Sections 40-13-150, 40-13-200, 40-13-220, or 40-13-230 of this chapter;
(2) Permitting any person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician or manicurist unless that person has a license as a cosmetologist, esthetician or manicurist;
(3) Obtaining or attempting to obtain a license for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation;
(4) Practicing or attempting to practice cosmetology by fraudulent misrepresentation;
(5) The wilful failure to display a salon license as required by Section 40-13-170, a school license as required by Section 40-13-190, or a license as required by Section 40-13-140;
(6) Practicing or attempting to practice cosmetology in any place other than a licensed salon, except in case of an emergency such as illness, invalidism or death, when a licensed operator may perform services for a person in another place by appointment only; and
(7) The wilful and continued violation of the reasonable regulations adopted by the board, and approved by the Department of Health and Environmental Control, for the sanitary management and operation of salons and schools. In addition, the license of any person violating the provisions of this item shall be permanently revoked.
Section 40-13-300.   Notwithstanding any other provision of law, the board's decision shall be subject to appeal to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, which shall hear the matter upon petition filed by the licensee with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 and served upon the Secretary of the board within ten days from the date of delivery of the board's decision to licensee. A decision by the board to revoke, suspend, or otherwise restrict a license or limit or otherwise discipline a licensee or one who is found to be practicing as a cosmetologist in non-compliance with this chapter shall not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the board's decision pending completion of the appellate process.
Section 40-13-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, manicurists, and estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-13-10.   (A) A State Board of Cosmetology is created composed of seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a manicurist.
It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons or schools.
The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.
(B)   There is created an Advisory Committee to the State Board of Cosmetology composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on April first. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term.
The following associations or groups shall recommend one person to the Governor for appointment to the committee: the National Cosmetology Association of South Carolina, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association which recommended the person shall submit additional names to the Governor for consideration.
Committee members shall serve without compensation. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record.
Section 40-13-20.   As used in this chapter:
(1)   'Beauty salon' or 'salon' means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.
(2)   'Cosmetology' means engaging in any of these practices or a combination of these practices when done for compensation either directly or indirectly:
(a)   arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;
(b)   using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work the scalp, face, neck, arms, hands; or
(c)   manicuring or pedicuring the nails of a person or similar work.
(3)   'Cosmetologist' means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.
(4)   'Cosmetology school', 'beauty school', or 'school' means a place or part of a place in which cosmetology or any of its practices are taught.
(5)   'Esthetician' means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.
(6)   'Independent contractor' means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.
(7)   'Instructor' means a person who is licensed to teach cosmetology or any practices of cosmetology in accordance with this chapter.
(8)   'Manicurist' means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.
(9)   'Student' means a person who is engaged in learning or acquiring the practices of cosmetology and, while learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor licensed under this chapter.
Section 40-13-30.   It is unlawful to operate a cosmetology school without a license or to violate any of the provisions of this chapter relating to schools; however, a school may be operated in and as part of an accredited high school, trade school, or industrial school, and a school so operated is exempt from the requirements of this chapter pertaining to school licensing, execution of a bond, and entering into contracts with its students.
Section 40-13-50.   The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.
Section 40-13-60.   The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons and schools must not be promulgated until approved by the Department of Health and Environmental Control.
Section 40-13-70.   The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-13-80.   The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-13-90.   The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-13-100.   In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-13-110.   (A)   In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend or restrict a license upon a satisfactory showing to the board that the holder of the license has:
(1)   violated or failed to comply with any provision of this chapter a regulation promulgated under this chapter, or an order of the board;
(2)   permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or manicurist without that person being licensed as a cosmetologist, esthetician, or manicurist;
(3)   obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4)   practiced or attempted to practice cosmetology by fraudulent misrepresentation;
(5)   wilfully failed to display a salon license as required by Section 40-13-300, a school license as required by Section 40-13-320, or a license as required by Section 40-13-280 or the sanitary regulations as required by Section 40-13-350;
(6)   practiced or attempted to practice cosmetology in any place other than a licensed salon, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only;
(7)   wilfully and continuously violated the reasonable regulations adopted by the board and approved by the Department of Health and Environmental Control for the sanitary management and operation of salons and schools;
(8)   used a substance or device which is not labeled for cosmetic use.
(B)   The holder of a license issued by the board found to have engaged in misconduct pursuant to subsection (A) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
Section 40-13-115.   The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-13-120.   In addition to the sanctions authorized for misconduct pursuant to Section 40-13-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-13-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-13-140.   A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-13-150.   A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-13-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-13-170.   A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-13-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-13-190.   Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-13-200.   (A)   A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both, for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(B)   The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A).
Section 40-13-210.   The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-13-230.   (A)   A license as a cosmetologist must be issued by the board to a person who:
(1)   is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2)   has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board or is a registered master hair care specialist pursuant to Chapter 7 who has satisfied educational requirements established by the board in regulation; and
(3)   has passed the examination prescribed by the board and pays the required fee.
(B)   A license as an esthetician must be issued by the board to a person who:
(1)   is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2)   has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board; and
(3)   has passed the examination prescribed by the board and pays the required fee.
(C)   A license as a manicurist must be issued by the board to a person who:
(1)   is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2)   has completed at least three hundred hours in classes in manicuring in a reliable school approved by the board or comparable training approved by the board; and
(3)   has passed the examination prescribed by the board and pays the required fee.
(D)   Temporary permits to practice as a cosmetologist, esthetician, or manicurist may be issued in accordance with regulations promulgated by the board.
Section 40-13-240.   (A)   Each applicant for an examination shall make application on board approved forms. The application must be accompanied by the required examination fee.
(B)   The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or manicurists not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapter must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
Section 40-13-250.   (A)   The holder of an individual license issued by the board annually, on such date as may be designated by the board, shall renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board.
(B)   A license to practice or teach cosmetology which has not been renewed before the date designated by the board expires on that date. The holder of an expired license may have the license restored within three years of the date of the expiration upon payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practicing. The reinstatement fee must be established by the board in regulation.
(C)   If a license has been expired for more than three years, the board shall conduct reexamination of the applicant before issuing a new license. The examination may include practical demonstrations and written tests that the board determines to be necessary.
(D)   The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee established by the board in regulation.
(E)   Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond.
Section 40-13-260.   Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses.
This chapter may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
Section 40-13-270.   The board may grant to a resident of another state, the District of Columbia, or any other U.S. territory or commonwealth state full reciprocity with respect to practicing cosmetology, esthetics, or manicuring in this State when the person is properly licensed and registered under the laws of the other state, the District of Columbia, or the U.S. territory or commonwealth state and is otherwise qualified.
Section 40-13-280.   A holder of a license under this chapter shall display the license in a conspicuous place adjacent to or near the licensees' work chair.
Section 40-13-290.   (A)   No school may be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, a room used wholly or partly as a salon or school.
(B)   The members of the board, or their authorized agents, may enter a salon or school at any reasonable time for purposes of inspection.
Section 40-13-300.   A person, firm, corporation, or association may apply to the board for licensing of a salon by submitting an application on a form prescribed by the board and paying the initial license fee. Upon approval of a salon, a salon license must be issued and the license must be displayed in a conspicuous place. The license is valid only for the location named on it and it is not transferable. A salon shall comply with all provisions of this chapter applicable to salons and with regulations promulgated pursuant to this chapter.
Section 40-13-310.   A minimum curriculum for schools and minimum qualifications for instructors must be prescribed by the board in regulation. The board shall issue an instructor's license to a person who meets the prescribed qualifications upon payment of the fee for an instructor's examination and the license fee. The instructor's license must be renewed annually upon the payment of a renewal fee by the instructor and upon proof to the board of the instructor having had advanced training approved by the board during the year.
Section 40-13-320.   Upon approval of a school by the board, a license must be issued and be displayed in a conspicuous place at the school. The license is valid only for the location named on it, and it is not transferable.
Section 40-13-330.   The owner, or an owner's designee, of a school shall enter into a board approved written contract with each student before permitting the student to attend classes. The original contract must be retained by the school and a copy given to the student. The contract shall contain certification that the student is at least sixteen years of age or will have attained that age before completing the course of instruction and that the student possesses at least a tenth grade education, as certified by the school last attended, or the equivalent as established by tests used in public schools or approved by the board.
Section 40-13-340.   (A)   A person, firm, corporation, or association may apply to the board for licensing of a school by submitting an application on a form prescribed by the board and paying the initial license fee. An applicant at the time of application shall submit a detailed floor plan and a true copy of the applicant's board approved form for student contracts and enrollment. An applicant also shall furnish a bond to the board issued by a licensed bonding company doing business in this State. The bond must be in the sum of ten thousand dollars and must be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling in the school. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between the student and the owner or manager of the school.
(B)   A licensed school shall comply with the provisions of this chapter applicable to the school and with regulations promulgated pursuant to this chapter.
(C)   No license for a school may be issued unless the owner presents evidence satisfactory to the board that the owner has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
Section 40-13-350.   A copy of sanitary regulations adopted by the board must be furnished by the board to the owner or manager of each salon or school in the State, and the copy must be posted in a conspicuous place in each salon and school.
Section 40-13-355.   No member of the board may conduct or be a provider of continuing education courses.
Section 40-13-360.   The following persons and activities are exempt from this chapter while engaged in the proper discharge of their professional duties:
(1)   manufacturers' representatives or sales persons in retail outlets who demonstrate products or techniques for promotional purposes;
(2)   educational activities conducted in connection with any monthly, annual, or other special program from which the general public is excluded. This exemption applies only to the specific days of the special program; and
(3)   a demonstration conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.
Section 40-13-370.   If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect with the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION   2.   This act takes effect upon approval by the Governor./
Amend title to conform.

/s/Thomas L. Moore                /s/James A. Battle, Jr.
/s/William H. O'Dell              /s/Mack T. Hines
/s/Thomas C. Alexander            Bradley L. Jordan
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Very respectfully,
Speaker of the House

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.

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.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
Senator HAYES spoke on the report.

On motion of Senator HAYES, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators HAYES, HUTTO and JACKSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 174 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Section 56-1-10 of the 1976 Code, as amended, is further amended by adding:
"(16)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(17)   'Alcohol concentration' means:
(a)   the number of grams of alcohol for each one hundred milliliters of blood by weight; or
(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids."
SECTION   2.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"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 20-7-8920, 20-7-8925, or 56-5-2930 arising from the same incident.
(B)   A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C)   A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.
A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.
(D)   A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The primary investigating officer may administer the test if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Blood samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State.
The person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood tests is not admissible against the person in any proceeding. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the officer. The officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance shall, at a minimum, include providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood to determine the person's alcohol concentration, SLED must test the blood and provide the result to the person and to the officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
(E)   A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administering of tests at the direction of the primary investigating officer are immune from civil and criminal liability unless the obtaining of samples or the administering of tests is performed in a negligent, reckless, or fraudulent manner. A person may not be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(F)   If a person refuses upon the request of the primary investigating officer to submit to chemical tests as provided in subsection (C), the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1)   six months; or
(2)   one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951.
(G)   If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1)   three months; or
(2)   six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951.
(H)   A test may not be administered or samples taken unless the person has been informed in writing that:
(1)   he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2)   his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4)   he has the right to request an administrative hearing within ten days of the issuance of the notice of suspension; and
(5)   he must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(I)   If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within ten days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990. If the person does not enroll in an Alcohol and Drug Safety Action Program within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(J) Within ten days of the issuance of the notice of suspension the person may:
(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section, or the final decision or disposition of the matter; and
(2)   request an administrative hearing.
At the administrative hearing if:
(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
(K)   The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(L)   If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(M)   The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall advise the person that, if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within ten days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(N)   An administrative hearing must be held within ten days after the request for the hearing is received by the department. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing is limited to whether the person:
(1)   was lawfully arrested or detained;
(2)   was advised in writing of the rights enumerated in subsection (H);
(3)   refused to submit to a test pursuant to this section; or
(4)   consented to taking a test pursuant to this section, and the:
(a)   reported alcohol concentration at the time of testing was two one-hundredths of one percent or more;
(b)   individual who administered the test or took samples was qualified pursuant to this section;
(c)   test administered and samples taken were conducted pursuant to this section and division procedures; and
(d)   the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(O)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.
(P)   A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(Q)   When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(R)   A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(S)   A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(T)   The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(U)   Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than eight one-hundredths of one percent."
SECTION   3.   Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is further amended to read:
"Section 56-1-2030.   As used in this article:
(1)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2)   'Alcohol concentration' means:
(a)   the number of grams of alcohol for each one hundred milliliters of blood; or
(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3)   'Commercial driver driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(2)   'Commercial Driver Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(3)   'Commercial driver driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(4)   'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a)   the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b)   the vehicle is designed to transport sixteen or more persons, including the driver; or
(c)   the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(5)   'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6)   'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(7)   'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(8)   'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(9)   'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(10)   'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver driver's license.
(13)(11)   'Driver Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(12)   'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(13)   'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(14)   'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17)(15)   'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(16)   'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(17)   'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18)   'Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(19)   'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(20)   'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(21)   'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(22)   'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a)   excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b)   reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c)   improper or erratic traffic lane changes;
(d)   following the vehicle ahead too closely; or
(e)   a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(23)   'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(24)   'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(25)   'United States' means the fifty states and the District of Columbia.
(28)(26)   'Farm related vehicle' means a vehicle used:
(a)   in custom harvester operations,;
(b)   in livestock feeding operations,; or
(c)   by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(27)   'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."
SECTION   4.   Section 56-5-2930 of the 1976 Code is amended to read:
"Section 56-5-2930.   It is unlawful for any a person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquors, narcotic drugs, barbiturates, paraldehydes or drugs, herbs or any other substance of like character, whether synthetic or natural, to drive any a motor vehicle within this State while under the:
(1)   influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2)   influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3)   combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired.
For purposes of this section 'drug' means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug."
SECTION   5.   Section 56-5-2940(1) of the 1976 Code is amended to read:
"(1)   By a fine of two three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense. However, in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence."
SECTION   6.   The 1976 Code is amended by adding:
"Section 56-5-2946.   Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs if there is probable cause to believe that the person violated or is under arrest for a violation of Section 56-5-2945.
The tests must be administered at the direction of a law enforcement officer who has probable cause to believe that the person violated or is under arrest for a violation of Section 56-5-2945. The administration of one test does not preclude the administration of other tests. The resistance, obstruction, or opposition to testing pursuant to this section is evidence admissible at the trial of the offense which precipitated the requirement for testing. A person who is tested or gives samples for testing may have a qualified person of his choice conduct additional tests at his expense and must be notified of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial.
The provisions of Section 56-5-2950, relating to the administration of tests to determine a person's alcohol concentration, additional tests at the person's expense, the availability of other evidence on the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them, availability of test information to the person or his attorney, and the liability of medical institutions and persons administering the tests are applicable to this section and also extend to the officer requesting the test, the State or its political subdivisions, or governmental agency, or entity which employs the officer making the request, and the agency, institution, or employer, either governmental or private, of persons administering the tests. Notwithstanding any other provision of state law pertaining to confidentiality of hospital records or other medical records, information regarding tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 56-5-2945."
SECTION   7.   Section 56-5-2950 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-5-2950.   (a) A person who operates drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has apprehended arrested a person for operating driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious, or dead, or for another any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample may to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading alcohol concentration is ten eight one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be taken obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take obtain the samples in a licensed medical facility. Blood samples or and urine samples must be obtained and handled in accordance with procedures approved by SLED.
No tests may be administered or samples taken obtained unless the person has been informed in writing that:
(1)   he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;
(2)   his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4)   he has the right to request an administrative hearing within ten days of the issuance of the notice of suspension; and
(5)   he must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
A hospital, physician, qualified technician, chemist, or registered nurse who takes obtains the samples or conducts the test or participates in the process of taking obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes obtains the samples.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken obtained at the direction of the law enforcement officer.
The arresting officer shall must provide reasonable affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall administer the provisions of this subsection and may shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b)   In any the criminal prosecution for the a violation of Section 56-5-2930 or 56-5-2945 relating to operating driving a vehicle under the influence of alcohol, drugs, or a combination of them, the amount of alcohol concentration in the person's blood at the time of the alleged violation test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:
(1)   If there the alcohol concentration was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed that the person was not under the influence of alcohol.
(2)   If there the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3)   If there the alcohol concentration was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.
The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.
(c)   Any A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a) of this section.
(d)   If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, none may be given, but the department, on the basis of a report of the law enforcement officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety days. If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for a period of ninety days after the date of the alleged violation. The ninety-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day period begins with the day after the date of the order sustaining the suspension or denial of issuance. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. If the arrested person took the chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include what were his grounds for believing that the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, pleads guilty or nolo contendere to, or forfeits bond for a first offense violation of Section 56-5-2930, within thirty days of arrest, the period of the suspension of driving privileges under this section must be canceled and any suspension of driving privileges under Section 56-5-2990 for a first conviction may not exceed six months.
(e)   Upon suspending the license or permit to drive or nonresident operating privilege of any person, or upon determining that the issuance of a license or permit must be denied to the person, as hereinbefore in this section directed, the department shall notify immediately the person in writing and, upon his request, shall afford him an opportunity for a hearing in accordance with the State Administrative Procedures Act, except that the scope of the hearing for the purposes of this section must be limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the test but that his privilege to drive would be suspended or denied if he refused to submit to the test, and whether he refused to submit to the test upon request of the officer. The department shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
(f)   When it is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license.
(g)(d)   Any A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests prior to before any trial or other proceedings proceeding in which the results of the tests are used as evidence. Any A person administering a test at the request of the defendant shall record in writing who obtains additional tests must furnish a copy of the time, method, and results of the any test and promptly furnish a copy to the arresting officer prior to before any trial, hearing, or other proceedings proceeding in which the person attempts to use the results of the additional test tests are used as evidence.
(h)   Any person whose driver's license or permit is suspended for failure to take the tests required by this section and who is not convicted of operating a motor vehicle under the influence of alcohol, drugs, or a combination of them is not required to file proof of insurance under the Financial Responsibility Act, and no record of he suspension may be shown on any of his records."
SECTION   8.   The 1976 Code is amended by adding:
"Section 56-5-2951.   (A)   The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930 or Section 56-5-2945.
(B)   If the test registers an alcohol concentration of eight one-hundredths of one percent or more, the person, within ten days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.
(C)   If the person does not enroll in an Alcohol and Drug Safety Action Program within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(D)   Within ten days of the issuance of the notice of suspension the person may:
(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H), or the final decision or disposition of the matter; and
(2)   request an administrative hearing.
At the administrative hearing if:
(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);
(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930 or Section 56-5-2945.
(E)   The period of suspension provided for in subsection (K) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(F)   If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed, but continues for the period provided for in subsection (K).
(G)   The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and request an administrative hearing. The notice of suspension also shall advise the person that if he does not request an administrative hearing within ten days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K).
(H)   An administrative hearing must be held within ten days after the request for the hearing is received by the department. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing must be limited to whether the person:
(1)   was lawfully arrested or detained;
(2)   was advised in writing of the rights enumerated in Section 56-5-2950;
(3)   refused to submit to a test pursuant to Section 56-5-2950; or
(4)   consented to taking a test pursuant to Section 56-5-2950, and the:
(a)   reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
(b)   individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures; and
(d)   the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(I)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.
(J)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a 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 his place of education.
(2)   If the department issues a 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 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)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(K)(1)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a)   ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b)   thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(L)   When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(M)   The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(N)   A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(O)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(P)   The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions."
SECTION   9.   The 1976 Code is amended by adding:
"Section 56-5-2953.   (A) A person who violates Section 56-5-2930 or 56-5-2945 shall have his conduct at the incident site and the breath test site videotaped.
(1)   The videotaping at the incident site must:
(a)   begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930 or a probable cause determination that the person violated Section 56-5-2945; and
(b)   include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2)   The videotaping at the breath site:
(a)   must be completed within three hours of the person's arrest for a violation of Section 56-5-2930 or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b)   shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c)   shall include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;
(d)   shall also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B)   Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930 or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930 or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances, nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.
(C)   A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved finally are determined.
(D)   SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.
(E)   Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half (87.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half (12.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED shall report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
(F)   The Department of Public Safety and SLED shall promulgate regulations necessary to implement the provisions of this section."
SECTION   10.   Section 56-5-2990 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:
"Section 56-5-2990.   The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, ; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail,; two years for the third offense, conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth and or subsequent offenses conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
Any person whose license is suspended under the provisions of this section, Section 56-1-286, or 56-5-2951 must be notified of suspension by the department of the suspension and of the requirement to be evaluated by enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the degree extent and kind nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment for the applicant. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment within six months of enrollment, a hearing must be provided by the administering agency Alcohol and Drug Safety Action Program and if further needed by whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to operate drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department."
SECTION   11.   A study committee is created to examine the effects of the marketing and sale of malt liquor in containers of more than one liter, to examine the state law relating to the requirements for the transportation, possession, and consumption of alcoholic liquors in minibottles, and to examine amendments to state law pertaining to alcoholic liquor by the drink. The committee shall consist of eleven voting members as follows:
(1)   four members from the Senate to be appointed by the President Pro Tempore of the Senate, at least one of whom must be a member of the Senate Judiciary Committee and one of whom must be a member of the Senate Finance Committee;
(2)   four members of the House of Representatives to be appointed by the Speaker of the House, at least one of whom must be a member of the House Judiciary Committee and one of whom must be a member of the House Ways and Means Committee;
(3)   three members to be appointed by the Governor.
In addition seven nonvoting members are to be appointed by the Governor as follows:
(1)   one member from the Department of Public Safety;
(2)   one member from the Department of Revenue;
(3)   one member chosen from a list of recommendations made by MADD;
(4)   one member from the Department of Alcohol and Other Drug Abuse Services;
(5)   one member from SLED;
(6)   one member chosen from a list of recommendations made by the Hospitality Association of South Carolina; and
(7)   one member chosen from a list of recommendations made by the South Carolina Council of Alcohol Authorities.
The voting members of the study committee shall elect a chairman and shall meet at times and places as the chairman determines to be necessary. The expenses of the legislative members of the study committee must be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees must be paid by the Governor's Office.
The committee must be staffed by personnel assigned by the Chairman of the Senate and House Judiciary Committees. The findings of the study committee as to the effects of the marketing and sale of malt liquor in containers of more than one liter shall be utilized by the General Assembly in formulating any change to the law before December 31, 1999. The committee shall report its findings to the General Assembly no later than the first day of the 1999 legislative session and upon this report is terminated.
SECTION   12.   Section 14-1-208 (A), (B), and (C) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A)   Beginning January 1, 1995, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 64 74 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.
(B)   The city treasurer must remit 18.75 16.22 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C)   The State Treasurer shall deposit the assessments received as follows:
(1)   25.79 21.63 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2)   25.5 21.39 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3)   .67 .56 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4)   19.06 15.98 percent for the State Office of Victim Assistance;
(5)   6.97 5.84 percent to the general fund;
(6)   19.38 16.26 percent to the Office of Indigent Defense for the defense of indigents;
(7)   1.63 1.37 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8)   1.0 .84 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.;
(9)   16.13 percent for the programs established pursuant to Section 56-5-2953(E)."
SECTION   13. Section 56-5-6240(A) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:
"(A)   In addition to the penalties for persons convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of receipt of the request. The vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.
The vehicle seized pursuant to this section may be returned to the owner upon petition to the court by the law enforcement agency seizing the vehicle if the criminal charge has not been disposed of within twelve months of the date of seizure. If the owner of the vehicle does not remove the vehicle from law enforcement's possession within ten days of service of the court order allowing the return, law enforcement may dispose of the vehicle as provided by Section 56-5-5640. The sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation."
SECTION   14.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION   15.   The State Law Enforcement Division must submit the BAC Datamaster to an independent facility with expertise in breath alcohol testing and software analysis, designated by the Chairmen of the House and Senate Judiciary Committees acting jointly, in order that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the tests to the General Assembly by January 1, 1999.
SECTION   16.   (A)   No holder of a retail permit issued pursuant to Title 61 which authorizes the sale of beer may sell or offer to sell any container of more than one liter of malt liquor. This provision does not apply to the sale of a keg or box of malt liquor or to alcohol labeled as beer or scotch liquor.
(B)   A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense and not more than one thousand dollars for a second offense. In addition to a civil penalty, upon a third offense violation of subsection (A), a person shall have his license or permit revoked or suspended in accordance with Section 61-2-140. Each day of violation constitutes a separate offense.
SECTION   17.   If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION   18.   The provisions in Sections 56-5-2950 and 56-5-2951 pertaining to an alcohol concentration of eight one-hundredths of one percent or more take effect upon the ratification of an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less; all other provisions in Sections 56-5-2950 and 56-5-2951 take effect upon approval by the Governor. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. SECTION 16 takes effect July 1, 2000, unless the General Assembly passes a resolution or bill related to the subject matter of the study committee established in SECTION 11 of this act. All remaining provisions take effect upon approval by the Governor./
Amend title to conform.

/s/Robert Wesley Hayes, Jr.       /s/Douglas "Doug" Jennings, Jr.
/s/Darrell Jackson                /s/J. Gary Simrill
/s/C. Bradley "Brad" Hutto        /s/J. Cordell Maddox
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested Free Conference Powers and was granted Free Conference Powers and appointed Reps. Jennings, Simrill and Maddox of the Committee of Free Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.

The PRESIDENT assumed the Chair at 4:36 P.M.

REPORT OF THE COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference on H. 4700, the General Appropriation Bill, was taken up for immediate consideration.
Senator DRUMMOND explained the report.
Senator LAND spoke on the report.
Senator McCONNELL spoke on the report.

Senator DRUMMOND moved that the Report of the Committee of Conference on H. 4700 be adopted.

, and a message was sent to the House accordingly.

The Report of the Conference Committee on H. 4700 was adopted and was subsequently printed in the Journal of the Senate of June 16, 1998. The summary document of the contents of the Conference Report is included herein below (s-financ\special\reports\budget99\confpro8.wk4):

	COMPARISON FOR CONFERENCE COMMITTEE
	FY 1998-99 Appropriation Act
	FY 1997-98 CRF and Projected Surplus			S-5
			Senate	Conference
		House	Total	Proposal
		Total	w/o Bond/Undesig.	Total
REVENUES FY 1998-99
	BEA Recurring Forecast FY 1998-99	4,981,000,000	4,981,000,000	4,981,000,000
	REVENUES
	FY 1998-99 General Reserve Fund Transfer
	FY 1997-98 Adjusted Appropriation Base	4,678,798,957	4,678,798,957	4,678,798,957
	"New" Recurring Revenue	302,201,043	302,201,043	302,201,043
	ENHANCEMENTS AND ADJUSTMENTS:
	Reduction of Video Poker Revenue	(52,400,000)	(52,400,000)	(52,400,000)
	Individual Income Tax - Tuition Tax Credit (Part II, Sec. 13)	0	(7,000,000)	(7,000,000)
	Individual Income Tax - Exemption of Disabled (Part II, Sec. 62)	0	(50,000)	(50,000)
	Individual Income Tax - Senior Citizens Deduction (Part II, Sec. 49)	0	(3,300,000)	(3,300,000)
	Investment Tax Credit Adjustment - Economic Impact Zone	16,000,000	24,400,000	24,400,000
	Earnings on Investment - State Accident Fund (Part II, Sec. 25)	3,000,000	0	0
	Earnings on Investment - State Accident Fund (Prov 44.5) (NR)	0	3,000,000	3,000,000
	Indirect Cost Recoveries Retained by Agencies (Part II, Sec. 12)	(750,000)	0	(750,000)
	Transfer to General Fund from PSC (Prov 42.7, House; Prov 42.9 SFC) (NR)	875,000	3,000,000	3,000,000
	Abolish Out-of-State Refund on Biennial Licenses (Part II, Sec. 21)	500,000	500,000	500,000
	Departmental Revenue:
	Pay Telephones - Dept. of Corrections (Prov. 72.83)	3,200,000	3,200,000	3,200,000
	Pay Telephones - All State Agencies (Prov. 72.99)	0	800,000	0
	Retention of UCC & Corp Fees - Sec of State (Prov 58.3)	(100,000)	0	0
	Securities Fees - Attny Gen (Prov 32.10, House; Prov. 32.11, SFC) (NR)	500,000	3,500,000	5,031,670
	Securities Fees - Attny General (Part II, Sec. 17)	0	500,000	500,000
		-----------	--------------	-------------
	Subtotal, Enhancements and Adjustments	(29,175,000)	(23,850,000)	(23,068,330)
	Subtotal, H.4700, Part I Revenues	273,026,043	278,351,043	279,132,713
		===========	===========	=============
	NONRECURRING REVENUES
	Capital Reserve Fund	86,919,822	86,919,822	86,919,822
	Projected Surplus FY 1997-98	61,201,043	61,201,043	61,201,043
	Unclaimed Property Fund	5,000,000	5,000,000	5,925,000
	Estate Tax			7,000,000
	Interest Earnings			7,000,000
		-----------	--------------	-------------
	Subtotal, Nonrecurring Revenues	153,120,865	153,120,865	168,045,865
	TOTAL "NEW" FUNDS	426,146,908	431,471,908	447,178,578
===	=================================================	===========	===========	=============
	TOTAL ALLOCATIONS
	Recurring Allocations	273,026,043	278,349,445	279,132,713
	Nonrecurring Allocations	153,120,865	153,070,865	168,045,865
		-----------	--------------	-------------
	GRAND TOTAL RECOMMENDED ALLOCATIONS	426,146,908	431,420,310	447,178,578
===	=================================================	===========	==========	=============
	RESIDUAL BALANCE
	Recurring Allocations	0	1,598	0
	Nonrecurring Allocations	0	50,000	0
		-----------	--------------	-------------
	GRAND TOTAL RESIDUALS NOT ALLOCATED	0	51,598	0
===	=================================================	===========	===========	=============
STATEWIDE ALLOCATIONS
	General Reserve Fund Contribution (3% of FY 1996-97 Revenue)	7,269,750	7,269,750	7,269,750
F30	EMPLOYEE BENEFITS
	Employee Health Insurance	21,043,709	12,135,965	12,135,965
	Retiree Health Premium Growth	0	1,156,224	1,156,224
	Retirement Supplement	(1,600,000)	(1,600,000)	(1,600,000)
	Annualization of FY 1997-98 Pay Plan	0	Undesig	9,359,113
	State Employee Pay Plan, 2% effective Oct. 1	23,093,452	0	0
	State Employee Pay Plan, 2.5% effective July 1	0	38,883,425	38,883,425
	Cabinet Agencies to Absorb Pay Increase	0	(11,191,253)	0
	All Agencies to Absorb Pay Increase			(11,191,253)
F31	Capital Reserve Fund (2% of FY 1996-97 Revenue)	4,846,500	4,846,500	4,846,500
V04	Debt Service	2,500,000	2,500,000	2,500,000
X12/X22	Aid to Subdivisions
	Local Government Fund (maintain FY 1997-98 funding level)	21,812,494	21,812,494	21,812,494
	Local Government Fund Growth	10,904,625	10,904,625	10,904,625
	Homestead Exemption Growth	1,427,068	1,427,068	1,427,068
	Property Tax Relief Fund (maintain FY 1997-98 funding level)	17,975,473	17,975,473	17,975,473
	Property Tax Relief Fund Growth	12,149,845	12,149,845	12,149,845
	Mfg Depreciation - Prop.Tax Relief (2nd of 3-Yr Phase-In)	10,889,263	10,889,263	10,889,263
		-----------	--------------	-------------
	SUBTOTAL STATEWIDE	132,312,179	129,159,379	138,518,492
		===========	===========	=============
------	----------------------------------------------------------	-----------	--------------	-------------
AGENCY ALLOCATIONS
Ag#	AGENCIES
------	----------------------------------------------------------	-----------	--------------	-------------
H63	State Department of Education
	Education Finance Act (2.2% Inflation; $1,879 BSC; 2.55% Salary Inc)	33,971,750	35,439,625	35,439,625
	Employer Contributions	5,161,695	5,384,725	5,384,725
	Fringe Equity - Holdharmless	8,500,000	8,500,000	8,500,000
	ADEPT	0	1,000,000	0
	PASS/EXCEL Assessment	10,800,000	10,116,527	10,116,527
	EXCEL Alternative Schools	0	4,600,000	1,000,000
	EXCEL School Grant Program (Hou-Oversight & Training)	0	750,000	750,000
	EXCEL Principals & Teachers on Site	0	791,239	791,239
	EXCEL Principal Mentors	0	100,000	100,000
	EXCEL District Review Teams & Intervention	0	750,000	0
	EXCEL Modified School Year Grants	0	250,000	250,000
	EXCEL Regional Service Centers	0	500,000	0
	PSAT & PLAN 10th Grade Test Administration (See EIA)
	Reduce K-3 Class Size (1st of 4-year phase-in)	0	39,121,502	19,608,761
	Reduce 1-3 Class Size in Impaired Districts	8,162,910	0	0
	Technology for Schools - See F07 BCB-Div. of Operations
	Instructional Materials (Textbooks)	18,000,000	18,000,000	18,000,000
	School Buses	4,000,000	Bond	4,000,000
	School Bus Drivers Pay Plan - 2%, Oct. 1	441,867	0	0
	School Bus Drivers Pay Plan - 2.5%, July 1	0	789,955	789,955
	Transportation - Parts & Fuel	1,450,000	1,450,000	1,450,000
	Full-Day Kindergarten (final year of phase-in)	10,750,904	10,559,910	10,559,910
	Full-Day Kindergarten Fringe	3,773,153	3,055,918	3,055,918
	Teacher Longevity Pay	0	Undesig	0
	Library Materials	0	1,000,000	577,000
	Gov's School for Arts - Start-Up Costs	1,694,363	1,334,581	1,694,363
	Gov's School for Arts - Technology, Furniture, Equipment	2,000,000	2,000,000	2,000,000
	Gov's School for Arts - Robert Shaw Choral Institute	0	20,000	20,000
	Gov's School for Math & Science - Coker Contractual Base Adjustment	23,964	23,964	23,964
	Gov's School for Math & Science - New Campus Mill Renov. Proj. (Phase 3)	3,000,000	Bond	0
	Gov's School for Math & Science - New Position & Operating Expenses	0	94,700	94,700
		-----------	--------------	-------------
	SUBTOTAL STATE DEPARTMENT OF EDUCATION	111,730,606	144,632,646	124,206,687
......	..........................................................	...........	..............	.............
H71	Wil Lou Gray Opportunity School
	Communications Support	25,000	25,000	25,000
	Computer Technology Update (NR)	75,000	75,000	75,000
	JROTC Instructor	0	34,896	34,896
	Dorm Equipment	0	30,000	30,000
	Central Energy Management System	0	40,000	40,000
		-----------	--------------	-------------
	SUBTOTAL WIL LOU GRAY OPP SCHOOL	100,000	204,896	204,896
......	..........................................................	...........	..............	.............
H75	School for the Deaf & Blind
	Walker Hall Renovation (Phase 2)	1,653,800	Bond	0
	Preventive Maintenance	245,000	245,000	245,000
	Summer Program	53,420	53,420	53,420
	Transportation Improvements	0	160,000	0
		-----------	--------------	-------------
	SUBTOTAL SCHOOL FOR DEAF & BLIND	1,952,220	458,420	298,420
......	..........................................................	...........	..............	.............
L12	John de la Howe School
	Accreditation Staff	36,423	36,423	36,423
	Technology Equipment Replacement	15,000	15,000	15,000
		-----------	--------------	-------------
	SUBTOTAL JOHN DE LA HOWE SCHOOL	51,423	51,423	51,423
......	..........................................................	...........	..............	.............
H03	Commission on Higher Education
	LIFE Scholarship (Freshmen & Sophomores)	30,300,000	0	26,500,000
	SCAMP	600,000	600,000	600,000
	EPSCOR	2,500,000	2,500,000	2,500,000
	Employment Security Contract - Performance	52,000	52,000	52,000
	Access & Equity	0	105,000	105,000
	SREB Fees & Assessments	0	8,700	0
	SREB Out-of-State Optometry & Veterinary	0	39,950	0
	African-American Loan Program	0	100,000	100,000
		-----------	--------------	-------------
	SUBTOTAL COMMISSION ON HIGHER EDUCATION	33,452,000	3,405,650	29,857,000
......	..........................................................	...........	..............	.............
H06	Higher Education Tuition Grants
	Scholarship Program - Annualization	900,000	900,000	900,000
	Scholarship Program - Expansion	0	500,000	500,000
		-----------	--------------	-------------
	SUBTOTAL TUITION GRANTS	900,000	1,400,000	1,400,000
......	..........................................................	...........	..............	.............
	HIGHER EDUCATION INSTITUTIONS
	Performance Funding - Annualization	31,038,287	33,700,000	33,700,000
	Performance Funding - Increase	0	16,000,000	15,000,000
	Academic Endowment Incentive	800,000	800,000	800,000
H09	Citadel
	Continuation of Assimilation of Women	750,000	750,000	750,000
H12	Clemson
	Center for Advanced Engineering Fibers & Films	650,000	650,000	650,000
	Littlejohn Coliseum	3,000,000	Bond	0
H15	University of Charleston
	Health & Physical Education Complex	3,000,000	Bond	0
	Youth Race Initiative	0	50,000	50,000
H17	Coastal Carolina
	Humanities Building Completion	2,300,000	Bond	0
H18	Francis Marion
	Energy Facility Upgrade	525,000	Bond	0
	Deferred Maintenance	0	Bond	0
H21	Lander
	Communications Infrastructure	0	Bond	0
H24	SC State
	Business School Accreditation	500,000	500,000	500,000
	Hodge Hall Renovation	1,600,000	Bond	0
	Building Maintenance	0	3,000,000	0
	Lowman Hall Renovation	0	Bond	0
	Deferred Maintenance	0	Bond	0
	USC System
H27	-Columbia
	USC Arena	250,000	Bond	0
	Small Business Development Center	191,398	191,398	191,398
	Institute of Public Affairs	500,000	600,000	600,000
	School of Public Health	3,500,000	Bond	0
	Law Library	400,000	400,000	400,000
	African American Professors Program	0	150,000	150,000
	Archaeology & Anthropology - Ground Penetrating Device	0	28,200	28,200
H36	-Beaufort
	Penn Center	0	26,000	26,000
H47	Winthrop
	Science Equipment	775,000	775,000	775,000
H52	MUSC-Hospital
	Hollings Cancer Institute	0	Bond	0
H53	MUSC-AHEC
	Rural Physicians Program (Inflation)	0	28,191	28,191
	Nursing Recruitment (Inflation)	0	9,862	9,862
		-----------	--------------	-------------
	SUBTOTAL HIGHER EDUCATION INSTITUTIONS	52,029,685	57,658,651	53,658,651
......	..........................................................	...........	..............	.............
H59	Board for Technical and Comprehensive Education
	Midlands Tech - Motorcycle Safety Program	100,000	100,000	100,000
	Special Schools - Annualization	2,000,000	2,000,000	2,000,000
	Greenville Tech - Missing & Exploited Children's Program	10,000	10,000	10,000
	Chesterfield-Marlboro Tech - Roof Repair	250,000	Bond	250,000
	Tri-County Tech - Phase II - Health/Science Building Renovation	1,500,000	Bond	0
	Horry-Georgetown Tech - Library & Student Services	5,700,000	Bond	0
	Trident Tech - Omega Project	0	55,000	55,000
	University Center of Greenville - Renovation	0	Bond	0
	Trident Tech - Electro-Magnetic Lab	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL BD. TECHNICAL & COMP. ED	9,560,000	2,165,000	2,415,000
......	..........................................................	...........	..............	.............
H67	Educational Television Commission
	Digitization Project	258,315	258,315	258,315
	Network Technical Service Technician	0	32,000	32,000
	Receiving Equipment for Schools	0	100,000	0
		-----------	--------------	-------------
	SUBTOTAL EDUCATIONAL TELEVISION COMMISSION	258,315	390,315	290,315
......	..........................................................	...........	..............	.............
H73	Vocational Rehabilitation
	Case Services	500,000	500,000	500,000
		-----------	--------------	-------------
	SUBTOTAL VOCATIONAL REHABILITATION	500,000	500,000	500,000
......	..........................................................	...........	..............	.............
J02	Department of Health & Human Services
	Continuation of FY 1997-98 Funding:
	Medicaid-Current Eligibles - Annualization	15,437,281	15,437,281	15,437,281
	Medicaid:
	Base Program - Client Growth	2,778,770	2,778,770	2,778,770
	Base Program - Product Growth	3,000,000	3,000,000	3,000,000
	Supplemental Medicare Insurance Premium Rate Increase	1,629,546	1,629,546	1,629,546
	Nursing Home Rate Adjustment	4,000,000	4,000,000	4,000,000
	Nursing Home Beds - Phase-In 570 Beds	0	4,739,861	4,739,861
	Community Long-Term Care Slots - Phase-In 4,322 Slots	0	6,354,967	6,354,967
	Rural Health Clinics/Fed. Qualified Health Centers Growth	1,135,735	1,499,735	1,499,735
	Phillis Wheatley Community Center	75,000	75,000	75,000
	A Child's Haven, Inc.	50,000	0	0
	Greenwood Community Aging Council	0	10,000	10,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF HEALTH & HUMAN SERVICES	28,106,332	39,615,160	39,615,160
......	..........................................................	...........	..............	.............
J04	Department of Health & Environmental Control
	Hemophilia Program Support	100,000	675,000	500,000
	Water Quality Testing & Monitoring	1,000,000	1,000,000	1,000,000
	Facility Renovations	1,000,000	Bond	1,000,000
	Beach Renourishment - Horry	2,000,000	Bond	0
	Infectious Disease Detection & Control	0	153,000	153,000
	Year 2000 Computer Reprogramming	0	895,627	895,627
	Osteoporosis Prevention & Education	0	100,000	100,000
	Golden Strip Human Resources Center	0	100,000	100,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF HEALTH & ENV. CONTROL	4,100,000	2,923,627	3,748,627
......	..........................................................	...........	..............	.............
J12	Department of Mental Health
	Pilot Outreach Program (with DJJ)	0	180,000	0
	Medication Research Project	500,000	200,000	200,000
	Kershaw Mental Health Facility	0	Bond	0
	Sexual Predator Program (5 FTEs)	0	140,865	140,865
		-----------	--------------	-------------
	SUBTOTAL DEPARTMENT OF MENTAL HEALTH	500,000	520,865	340,865
......	..........................................................	...........	..............	.............
J16	Department of Disabilities & Special Needs
	Maintain Current Medicaid Program	587,000	587,000	587,000
	Medicaid Match - Replace Loss of Federal Funds	919,000	919,000	919,000
	Residential Placements	0	1,750,000	1,750,000
	Individual & Family Support Services	0	750,000	750,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF DISABILITIES & SPECIAL NEEDS	1,506,000	4,006,000	4,006,000
......	..........................................................	...........	..............	.............
J20	Department of Alcohol & Other Drug Abuse Services
	The Bridge	300,000	300,000	300,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF ALCOHOL & OTHER DRUG ABUSE	300,000	300,000	300,000
......	..........................................................	...........	..............	.............
L04	Department of Social Services
	Emotionally Disturbed Children	12,000,000	12,000,000	12,000,000
	Transfer from TANF to Emotionally Disturbed Children	(6,500,000)	(6,500,000)	(6,500,000)
	Camp Happy Days	47,014	0	47,014
		-----------	--------------	-------------
	SUBTOTAL DEPARTMENT OF SOCIAL SERVICES	5,547,014	5,500,000	5,547,014
......	..........................................................	...........	..............	.............
L24	Commission for the Blind
	Building Renovation - Projects with Industry	500,000	Bond	0
	Building Refurbishment - Ellen B. Mack Cafeteria	400,000	Bond	0
		-----------	--------------	-------------
	SUBTOTAL COMMISSION FOR THE BLIND	900,000	0	0
......	..........................................................	...........	..............	.............
H79	Department of Archives & History
	Orangeburg Cemetery Preservation	1,000	0	0
	African-American Heritage Council	0	Undesig	0
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF ARCHIVES & HISTORY	1,000	0	0
......	..........................................................	...........	..............	.............
H87	State Library
	Library Services - Text Database	0	1,500,000	0
	Aid to County Libraries - ($1.45 w/$50,000 minimum)	0	512,838	347,846
	Dillon Library	1,000,000	Bond	0
	Lake City Library	7,000	0	0
	Cherokee County Library	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL STATE LIBRARY	1,007,000	2,012,838	347,846
......	..........................................................	...........	..............	.............
H91	Arts Commission
	Penn Center	0	109,093	109,093
	Columbia Museum of Art	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL ARTS COMMISSION	0	109,093	109,093
......	..........................................................	...........	..............	.............
H95	State Museum
	Collections	0	100,000	100,000
	Local Museum Initiative	0	125,000	125,000
		-----------	--------------	-------------
	SUBTOTAL STATE MUSEUM	0	225,000	225,000
......	..........................................................	...........	..............	.............
P12	Forestry Commission
	HVAC Replacement - State HQ Building	0	Bond	0
	Roof Repair - State HQ Building	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL FORESTRY COMMISSION	0	0	0
......	..........................................................	...........	..............	.............
P16	Department of Agriculture
	Spartanburg Farmers Market	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL DEPARTMENT OF AGRICULTURE	0	0	0
......	..........................................................	...........	..............	.............
P20	Clemson-PSA
	Agri-Systems Research & Training	1,500,000	1,500,000	1,500,000
	Agriculture & Life Sciences Biotechnology Complex	4,000,000	Bond	0
	SLC Fire Ant Study	200,000	0	200,000
	Meat Inspection	150,000	200,000	150,000
		-----------	--------------	-------------
	SUBTOTAL CLEMSON-PSA	5,850,000	1,700,000	1,850,000
......	..........................................................	...........	..............	.............
P24	Department of Natural Resources
	Internal Auditor	0	64,000	64,000
	Wildlife/Freshwater Fisheries - Florence Division Renovation	0	Bond	0
	Law Enforcement Vehicles	0	236,000	236,000
	Heritage Trust	0	Undesig	0
	Farm Forest Land Protection	0	50,000	0
	Aquatic Weed Management	0	75,000	75,000
	Natural Resources Development	0	125,000	125,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF NATURAL RESOURCES	0	550,000	500,000
......	..........................................................	...........	..............	.............
P26	Sea Grant Consortium
	Information Technology	0	50,000	50,000
	Administration	0	31,250	31,250
		-----------	--------------	-------------
	SUBTOTAL SEA GRANT CONSORTIUM	0	81,250	81,250
......	..........................................................	...........	..............	.............
P28	Department of Parks, Recreation & Tourism
	Palmetto Trails	85,000	85,000	85,000
	US Youth Games	25,000	25,000	25,000
	Heritage Corridor	1,000,000	Undesig	1,000,000
	Conference Center - Columbia	2,000,000	Bond	0
	Senior Center Expansion & Building Renovation	25,000	Bond	0
	Lexington Equestrian Center	200,000	Bond	0
	Lake Ashwood	0	Bond	0
	SC High School Rodeo	0	10,000	10,000
	SC Peach Festival	0	60,000	60,000
	State Parks - Emergency Repairs	0	Bond	0
	Thomas Sumter Monument	0	40,000	40,000
	Legacy Trust Fund	0	500,000	400,000
	Regional Tourism Commissions	0	Undesig	0
	Gayle Village Project	0	Bond	0
	Restoration of Reserves	0	Undesig	0
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF PRT	3,335,000	720,000	1,620,000
......	..........................................................	...........	..............	.............
P32	Department of Commerce
	Employee Incentives	500,000	0	175,000
	Advertising	500,000	500,000	500,000
	Information Technology	0	241,000	241,000
	Technology Council	0	200,000	200,000
	Lake Marion Regional Water Agency	1,000,000	Bond	0
	Spartanburg Reniassance Project - Downtown Redevelopment	2,000,000	Bond	0
	Williamsburg Industrial Park	0	Bond	0
	Hartsville Airport Terminal Renovation	0	Bond	0
	Aiken County Langley Pond Olympic Project	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF COMMERCE	4,000,000	941,000	1,116,000
......	..........................................................	...........	..............	.............
B04	Judicial Department
	Judges & Staff Salaries - Annualization	1,184,390	1,184,390	1,184,390
	Tiered Judges Salary Structure - Annualization	292,827	292,827	292,827
	Judges Expense Allowance - Increase to $500/Month	336,000	336,000	336,000
	Judicial Travel Rotation	48,000	48,000	48,000
	Judicial Commitment Fees - Annualization	343,200	343,200	343,200
	Information Technology Replacement & Maintenance	500,000	500,000	500,000
	Court Appointment Funding (pass-thru SC Bar)	235,517	235,517	235,517
	Alternate Dispute Resolution Program	0	500,000	300,000
		-----------	--------------	-------------
	SUBTOTAL JUDICIAL DEPARTMENT	2,939,934	3,439,934	3,239,934
......	..........................................................	...........	..............	.............
D10	Governor's Office-SLED
	Forensic Lab - DNA Database/Lab Equipment	367,239	367,239	367,239
		-----------	--------------	-------------
	SUBTOTAL SLED	367,239	367,239	367,239
......	..........................................................	...........	..............	.............
E20	Attorney General
	Medicaid Fraud Control Unit - Annualization	95,868	95,868	95,868
	Violence Against Women	60,000	60,000	60,000
	Capital Litigation	100,000	0	100,000
		-----------	--------------	-------------
	SUBTOTAL ATTORNEY GENERAL	255,868	155,868	255,868
......	..........................................................	...........	..............	.............
E21	Prosecution Coordination Commission
	Judicial Circuit Support - Maintain FY 98 Funding	500,000	500,000	500,000
	Solicitor's Expense Increase to $500/Month	0	48,000	48,000
	Richland County Drug Court	0	57,006	57,006
	Kershaw County Drug Court	0	53,500	53,500
		-----------	--------------	-------------
	SUBTOTAL PROSECUTION COORDINATION COMMISSION	500,000	658,506	658,506
......	..........................................................	...........	..............	.............
E22	Office of Appellate Defense
	Administration (Operating Expenses) - Maintain FY 98 Funding	340,000	340,000	340,000
		-----------	--------------	-------------
	SUBTOTAL OFFICE OF APPELLATE DEFENSE	340,000	340,000	340,000
......	..........................................................	...........	..............	.............
E23	Commission on Indigent Defense
	Per Capita Distribution Increase from $.61 to $.78	0	594,068	594,068
		-----------	--------------	-------------
	SUBTOTAL COMMISSION ON INDIGENT DEFENSE	0	594,068	594,068
......	..........................................................	...........	..............	.............
K05	Department of Public Safety
	Employer Contributions & Operations	0	1,370,000	1,000,000
	DMV - New Positions & Operating Expenses	0	946,260	946,260
	DMV - Computer Upgrade (Loan Agreement)	0	1,000,000	1,000,000
	Highway Patrol - 40 Additional Troopers, Vests, & 200 Vehicles	0	2,794,490	1,794,490
	Annualization of FY 1997-98 Pay Plan	463,000	0	0
		-----------	--------------	-------------
	SUBTOTAL DEPARTMENT OF PUBLIC SAFETY	463,000	6,110,750	4,740,750
......	..........................................................	...........	..............	.............
N04	Dept. of Corrections
	Operating Funds for Four 256-Bed Additions	1,900,000	Undesig	1,900,000
	Substance Abuse Facility at Lee Correctional Institution	650,375	650,375	650,375
	Maintenance (Facilities & Security Systems)	363,718	363,718	363,718
	Medical Contracts Inflation	780,000	820,000	780,000
	Annualization of FY 1997-98 Pay Plan	1,133,517	0	0
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF CORRECTIONS	4,827,610	1,834,093	3,694,093
......	..........................................................	...........	..............	.............
N08	Department of Probation, Parole & Pardon Services
	Annualization of Agents	1,658,116	1,658,116	1,658,116
	Restitution Act Implementation	1,000,000	Undesig	1,000,000
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF PROBATION, PAROLE & PARDON	2,658,116	1,658,116	2,658,116
......	..........................................................	...........	..............	.............
N12	Department of Juvenile Justice
	Annualization of Current Program Effort	5,262,594	Undesig	5,262,594
	Pilot Outreach Program (with DMH)	0	152,319	0
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF JUVENILE JUSTICE	5,262,594	152,319	5,262,594
......	..........................................................	...........	..............	.............
L36	Human Affairs Commission
	Office Space	0	30,000	30,000
		-----------	--------------	-------------
	SUBTOTAL HUMAN AFFAIRS COMMISSION	0	30,000	30,000
......	..........................................................	...........	..............	.............
L46	Commission On Minority Affairs
	Rent/Insurance Increases	0	11,555	11,555
	Program Coordinator	0	60,030	60,030
	Four Men's Service Centers	0	63,500	63,500
		-----------	--------------	-------------
	SUBTOTAL COMMISSION ON MINORITY AFFAIRS	0	135,085	135,085
......	..........................................................	...........	..............	.............
R08	Workers Compensation Commission
	Self-Insurance Examinations	0	15,000	15,000
		-----------	--------------	-------------
	SUBTOTAL WORKERS COMP COMMISSION	0	15,000	15,000
......	..........................................................	...........	..............	.............
A01	The Senate
	Dues for National Organizations	0	5,682	5,682
		-----------	--------------	-------------
	SUBTOTAL THE SENATE	0	5,682	5,682
......	..........................................................	...........	..............	.............
A05	House of Representatives
	Southern Legislative Conference (August 1998)	180,000	180,000	180,000
		-----------	--------------	-------------
	SUBTOTAL HOUSE OF REPRESENTATIVES	180,000	180,000	180,000
......	..........................................................	...........	..............	.............
A17	Legislative Printing
	Base Reduction	(300,000)	(300,000)	(300,000)
		-----------	--------------	-------------
	SUBTOTAL LEGISLATIVE PRINTING	(300,000)	(300,000)	(300,000)
......	..........................................................	...........	..............	.............
A27	Reorganization Commission
	Base Reduction	(200,000)	0	0
		-----------	--------------	-------------
	SUBTOTAL REORGANIZATION COMMISSION	(200,000)	0	0
......	..........................................................	...........	..............	.............
C05	Administrative Law Judges
	Base Reduction	(50,000)	0	0
	Retirement System Shift from State Employee to Judicial	0	168,533	0
		-----------	--------------	-------------
	SUBTOTAL ADMINISTRATIVE LAW JUDGES	(50,000)	168,533	0
......	..........................................................	...........	..............	.............
D17	Governor's Office-OEPP
	Veteran Affairs - Korean War Memorial	200,000	Bond	0
	Veteran Affairs - POW Commission	0	6,075	6,075
		-----------	--------------	-------------
	SUBTOTAL OEPP	200,000	6,075	6,075
......	..........................................................	...........	..............	.............
E08	Secretary of State
	Operating Expenses	0	100,000	100,000
		-----------	--------------	-------------
	SUBTOTAL SECRETARY OF STATE	0	100,000	100,000
......	..........................................................	...........	..............	.............
E12	Comptroller General
	Computer Software to Test Year 2000 Completion	35,000	35,000	35,000
		-----------	--------------	-------------
	SUBTOTAL COMPTROLLER GENERAL	35,000	35,000	35,000
......	..........................................................	...........	..............	.............
E24	Adjutant General
	Scholarship Program	0	250,000	250,000
	Emergency Preparedness - Annualization & Replace Loss of Federal Funds	530,622	530,622	530,622
	Burial Flags	0	4,500	4,500
		-----------	--------------	-------------
	SUBTOTAL ADJUTANT GENERAL	530,622	785,122	785,122
......	..........................................................	...........	..............	.............
E28	Election Commission
	1998 General Election	2,088,000	2,088,000	2,088,000
		-----------	--------------	-------------
	SUBTOTAL ELECTION COMMISSION	2,088,000	2,088,000	2,088,000
......	..........................................................	...........	..............	.............
	Budget & Control Board
F05	Division of Executive Director
	Statewide Performance Audit	200,000	200,000	200,000
	Total Quality Management	(50,000)	(315,971)	(315,971)
	Capital Improvement Bonds	2,000	0	0
F07	Division of Operations
	Capitol Complex Rent	1,500,000	1,500,000	1,500,000
	Capitol Complex Site Improvements	0	Undesig	0
	State House Operations & Maintenance	0	957,339	957,339
	Technology for Schools - Telecommunication Lines (3rd Yr of Phase-In)	5,150,000	6,000,000	5,150,000
F09	Division of Budget and Analyses
	SC State Deficit Reduction			2,100,000
	Confederate Relic Room - Flags & Artifacts Restoration	0	50,000	50,000
	Confederate Relic Room - Travel & Educational Outreach	0	18,500	18,500
	Confederate Relic Room - Photographic Inventory Storage Facilities	0	5,000	5,000
	Confederate Relic Room - Part-Time Research Position	0	5,385	5,385
F11	Division of Regional Development
	Local Government Grant Fund	794,309	1,000,000	1,000,000
			+ Undesig
	Infrastructure Revolving Loan Fund	794,310	3,000,000	1,000,000
			+ Undesig
	Oversight Requirement - Ehrhardt	20,000	19,922	19,922
	Allendale Initiative	0	125,000	125,000
	Reidville Infrastructure Project	0	12,500	12,500
	Pacolet Infrastructure Project	0	12,500	12,500
	Ports Authority - Harbor Dredging	0	Bond	0
		-----------	--------------	-------------
	SUBTOTAL BUDGET & CONTROL BOARD	8,410,619	12,590,175	11,840,175
......	..........................................................	...........	..............	.............
R44	Department of Revenue
	Base Reduction	(400,000)	0	(400,000)
		-----------	--------------	-------------
	SUBTOTAL DEPT. OF REVENUE	(400,000)	0	(400,000)
......	..........................................................	...........	..............	.............
R52	State Ethics Commission
	Investigator	37,482	37,482	37,482
	Equipment for Investigator	2,050	2,050	2,050
		-----------	--------------	-------------
	SUBTOTAL ETHICS COMMISSION	39,532	39,532	39,532
......	..........................................................	...........	..............	.............
CHILDREN'S EDUCATION ENDOWMENT FUND ("Barnwell")
	FY 1998-99 revenue collected from the Barnwell site is estimated to total $47,000,000. Of that, $2,350,000 (or 5%) goes to Barnwell County. The remainder of the collections, or $44,650,000, goes to the Children's Education Endowment Fund. The Fund is divided between K-12 Education (70%, or $31,255,000) and Higher Education (30%, or $13,395,000). However, Part II, Section 22, of the FY 1997-98 Appropriation Act amended Section 48-48-140 of the SC Code to require the Higher Education Scholarship Grants portion of the Endowment Fund to equal $24,000,000 beginning in FY 1998-99. Therefore, the total of the Children's Education Endowment Fund is estimated to be $55,255,000.
CAPITAL PROJECTS
H63	State Department of Education
	School Buses	4,000,000	4,000,000	0
	School for Math & Science-New Campus Mill Project (Phase 3)	3,000,000	3,000,000	0
H75	School for the Deaf & Blind
	Walker Hall Renovation (Phase 2)	1,650,000	1,650,000	0
	Higher Education
H12	Clemson - Littlejohn Coliseum Renovations	3,000,000	3,000,000	0
H15	Univ. of Charleston - PE Complex/Arena	3,000,000	10,000,000	0
H17	Coastal Carolina - Humanities Building	2,300,000	2,825,000	0
H18	Francis Marion - Energy Facility Upgrade	525,000	524,750	0
	Francis Marion - Deferred Maintenance		1,475,250	0
H21	Lander - Communications Infrastructure		988,000	0
H24	SC State - Hodge Hall Renovation	1,600,000	1,600,000	0
	SC State - Lowman Hall Renovation		5,000,000	0
	SC State - Deferred Maintenance		4,500,000	0
H27	USC - Arena	2,500,000	2,500,000	0
	USC - School of Public Health	3,500,000	3,500,000	0
H51	MUSC - Hollings Cancer Institute		9,000,000	0
H59	Chesterfield-Marlboro Tech - Roof Repair	250,000	250,000	0
	Greenville Tech - University Center Renovation		900,000	0
	Horry-Georgetown Tech - Library/Student Center	5,700,000	5,700,000	0
	Tri-County Tech - Health/Science Building	1,500,000	1,500,000	0
	Trident Tech - Electro-Magnetic Lab		800,000	0
J04	Department of Health & Environmental Control
	Beach Renourishment - Grand Strand	2,000,000	2,000,000	0
	County Health Department Renovations & Construction	1,000,000		0
J12	Department of Mental Health
	Kershaw Mental Health Facility		2,400,000	0
L24	Blind Commission
	Industry Training Building Renovations	500,000	500,000	0
	Cafeteria Renovations	400,000	400,000	0
H87	State Library
	Cherokee County Public Library		500,000	0
	Dillon County Library	1,000,000	999,900	0
	Lake City Library	7,000		0
H91	Arts Commission
	Columbia Museum of Art	$1 m, Proviso 72.80	1,000,000	0
P12	Forestry Commission
	HVAC & Roof Repairs		278,000	0
P16	Department of Agriculture
	Spartanburg Farmers Market		20,000	0
P20	Clemson PSA
	Life Science Complex	4,000,000	4,000,000	0
P24	Department of Natural Resources
	Wildlife/Freshwater Fisheries - Florence Renovation		500,000	0
P28	Department of Parks, Recreation & Tourism
	Senior Center Expansion & Building	25,000	50,000	0
	Lexington Equestrian Center	200,000	200,000	0
	Lake Ashwood		50,000	0
	State Parks Emergency Repairs		1,606,000	0
	Columbia Conference Center	2,000,000	2,000,000	0
	Chester-Gayle Village		250,000	0
P32	Department of Commerce
	Lake Marion Regional Water Agency	1,000,000	2,000,000	0
		+$1 m, Proviso 42.8
	Spartanburg Renaissance Project	2,000,000	2,000,000	0
	Williamsburg County Industrial Park		1,000,000	0
	Hartsville Airport Terminal Renovation		150,000	0
	Aiken County Langley Pond Olympic Project		500,000	0
R04	Public Service Commission
	Special Purpose Tax District - Horry	$300,000, Proviso 42.8
D17	Governor's Office-OEPP
	Korean War Memorial	200,000	200,000	0
F11	Budget & Control Board
	Ports Authority - Harbor Dredging		16,000,000	0
		-----------	--------------	-------------
TOTAL - CAPITAL PROJECTS		46,857,000	101,316,900	0
		$2.3 m, by Proviso
......	..........................................................	...........	..............	.............
UNDESIGNATED FUNDING
F30	Employee Benefits
	Annualization of FY 1997-98 Pay Plan	0	9,359,113	0
N04	Department of Corrections
	Operating Funds for 4 Facilities - 256-Bed	1,900,000	6,567,947	0
N12	Department of Juvenile Justice
	Annualization of Current Program Effort	5,262,594	6,160,275	0
H59	Board for Technical & Comp Education
	Special Schools - Annualization			0
N08	Department of Probation, Parole & Pardon Services
	Restitution Act Implementation	1,000,000	1,000,000	0
H63	Department of Education
	Teacher Longevity Pay	0	7,200,000	0
	Budget & Control Board
F07	Capitol Complex Site Improvements	0	1,950,952	0
F11	Local Government Grants	794,309	4,588,619	0
	Infrastructure Revolving Fund	794,310	4,000,000	0
P28	Department of Parks, Recreation & Tourism
	Heritage Corridor	1,000,000	3,000,000	0
P24	Department of Natural Resources
	Heritage Trust	0	200,000	0
P28	Department of Parks, Recreation & Tourism
	Regional Tourism Commissions	0	275,000	0
H79	Department of Archives & History
	African-American Heritage Council	0	100,000	0
P20	Clemson PSA
	Meat Inspection			0
F11	Budget & Control Board
	Oversight Requirement - Ehrhardt			0
P28	Department of Parks, Recreation & Tourism
	Restoration of Reserves	0	3,500,000	0
	Tuition Tax Credit		Any Remaining Surplus
		-----------	--------------	-------------
	TOTAL - UNDESIGNATED FUNDING		47,901,906	0
......	..........................................................	...........	..............	.............