Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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:
Dearly Beloved, each year on or about the birthday of President George Washington, because of its basic relevance... and timeliness... in every period of our national life, we have prayed his prayer for the United States of America.
Let us pray the first President's prayer:
"Almighty God, we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ, our Lord.
Amen."
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 22, 2000
Mr. President and Members of the Senate:
Due to the resignation of the appointee, I respectfully request withdrawal from your consideration the appointment shown below.
Respectfully,
James H. Hodges
Initial Appointment, South Carolina State Board of Pharmacy, with term coterminous with Governor:
At-Large:
Debra J. Gammons, 402 Idlewild Ave., Greenville, S.C. 29605 VICE Charles L. Appleby, Jr.
The Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.
On motion of Senator MOORE, at 1:10 P.M., Senator HOLLAND was granted a leave of absence for today.
The following were introduced:
S. 1165 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-39 TO THE "SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT", SO AS TO MAKE IT UNLAWFUL FOR A LICENSED SEED DEALER OR PERSON DOING BUSINESS AS A SELLER OF AGRICULTURAL SEED TO REFUSE TO SELL SEED TO A PERSON WHO HAS BROUGHT A CLAIM OR LEGAL ACTION AGAINST THE SEED DEALER OR SELLER FOR DEFECTIVE SEED OR PLANTS, AND BY ADDING SECTION 46-21-80 SO AS TO MAKE IT UNLAWFUL TO ARBITRARILY REFUSE TO SELL SELECTED SEED OR PLANTS IN SOUTH CAROLINA WHILE CONTINUING TO SELL OTHER SEED IN THE STATE.
l:\s-jud\bills\hutto\jud0097.cbh.doc
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1166 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.
l:\council\bills\ggs\22496cm00.doc
Read the first time and referred to the Committee on Banking and Insurance.
S. 1167 (Word version) -- Senators Branton, Leatherman, Setzler, Anderson, McGill, Ford, Peeler, Reese, McConnell, Passailaigue, Glover, Ravenel, Wilson, Elliott, Waldrep, Grooms, Ryberg, Saleeby, Bryan, Land, O'Dell, Short, Moore, Bauer, Patterson, Fair, Rankin, Hutto, Alexander, Courson, Russell, Matthews, Washington, Richardson, Jackson, Thomas, J. Verne Smith, Hayes, Gregory, Martin, Leventis and Mescher: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED, OR LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS AND TO DELETE OBSOLETE PROVISIONS.
l:\council\bills\bbm\9252htc00.doc
Read the first time and referred to the Committee on Finance.
S. 1168 (Word version) -- Senators J. Verne Smith, Drummond, Ford, Mescher, Russell, Thomas, Glover and Hayes: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA COMPETITIVE POWER ACT OF 2000" WHICH REQUIRES THE PUBLIC SERVICE COMMISSION TO ADOPT A PLAN FOR RESTRUCTURING THE ELECTRIC UTILITY INDUSTRY, REQUIRES INVESTOR-OWNED UTILITIES, MUNICIPAL UTILITIES, RURAL ELECTRIC COOPERATIVES, JOINT AGENCIES, AND STATE-OWNED UTILITIES TO EACH FILE WITH THE COMMISSION A UTILITY RESTRUCTURING PLAN PROVIDING FOR CUSTOMER CHOICE FOR ALL RETAIL ELECTRIC CUSTOMERS AND ESTABLISHING A PROTOCOL FOR THE UNBUNDLING OF SERVICES, PROVIDES FOR THE MANNER IN WHICH CUSTOMERS SHALL BE PERMITTED TO CHOOSE THEIR ELECTRIC GENERATION PROVIDER, PROVIDES FOR THE MANNER IN WHICH INVESTOR-OWNED UTILITIES, MUNICIPAL UTILITIES, BOARDS AND COMMISSIONS OF PUBLIC WORKS, RURAL ELECTRIC COOPERATIVES, JOINT AGENCIES, AND STATE-OWNED UTILITIES SHALL PARTICIPATE IN THE TRANSITION TO COMPETITION, CREATES A LEGISLATIVE OVERSIGHT COMPETITION COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING, AND PROVIDES FOR RELATED MATTERS.
l:\council\bills\gjk\20834sd00.doc
Senator J. VERNE SMITH spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
l:\council\bills\nbd\11787ac00.doc
Read the first time and referred to the Committee on Medical Affairs.
S. 1170 (Word version) -- Senators Land, Leventis, Alexander, Reese, Moore, Hayes, Elliott, Passailaigue, Wilson, Hutto, Grooms, Short, Martin, O'Dell, Fair, McGill, Peeler, Glover and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT THE "FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.
l:\council\bills\dka\3700mm00.doc
Read the first time and referred to the Committee on Transportation.
S. 1171 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS TO TAKE APPROPRIATE STEPS TO ENCOURAGE THE OPEC OIL PRODUCING NATIONS TO INCREASE OIL PRODUCTION AND STABILIZE THE NATION'S GAS AND OIL PRICES.
l:\s-res\de\004gasp.jh.doc
Senators ELLIOTT, LEVENTIS and DRUMMOND spoke on the Concurrent Resolution.
The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.
H. 4287 (Word version) -- Reps. Barfield, Kelley and Witherspoon: A JOINT RESOLUTION TO PROVIDE THAT ANY SCHOOL DAYS MISSED IN 1999 BY THE STUDENTS OF ANY SCHOOL OF THE HORRY COUNTY SCHOOL SYSTEM DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD AND THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley, Kirsh, Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, McGee and Meacham-Richardson: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
Read the first time and referred to the Committee on Education.
H. 4600 (Word version) -- Reps. Jennings and Harris: A JOINT RESOLUTION TO PROVIDE THAT AT THE DISCRETION OF THE BOARD OF TRUSTEES OF THE MARLBORO COUNTY SCHOOL DISTRICT, UP TO FOUR SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DISTRICT DURING THE MONTHS OF SEPTEMBER, 1999, AND JANUARY, 2000, WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4604 (Word version) -- Reps. Stuart, Cobb-Hunter and Govan: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO TEACHER IN-SERVICE TRAINING DAYS FOR TEACHERS OF ANY SCHOOL IN ORANGEBURG CONSOLIDATED SCHOOL DISTRICT 4 FOR SCHOOL YEAR 1999-2000 WHICH WERE MISSED DUE TO HURRICANE FLOYD ARE FORGIVEN AND ARE 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.
Read the first time and referred to the Committee on Education.
H. 4609 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2000, BY THE STUDENTS OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4613 (Word version) -- Reps. Delleney, McCraw and Wilkes: A JOINT RESOLUTION TO PROVIDE THAT UP TO FIVE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE CHESTER COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4614 (Word version) -- 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 LICENSING PROVISIONS FOR EMBALMERS, FEES, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2489, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4648 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CORPORAL MARVIN GILLIARD, COMMUNITY PATROL OFFICER OF THE GREENVILLE CITY POLICE DEPARTMENT, FOR HIS DEDICATION AND WORK WITH THE PEOPLE, ESPECIALLY THE CHILDREN, OF THE NICHOLTOWN AND JESSE JACKSON TOWNHOMES COMMUNITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 1044 (Word version) -- Senators Land, Drummond, Moore, Leventis, Leatherman, Martin, Peeler, Setzler, Alexander, Elliott, Washington, Waldrep, Matthews, Mescher, Russell, O'Dell, Reese, Bauer, Rankin, Saleeby, Bryan, Hayes, Passailaigue, Courtney, McGill, Fair, Wilson, Giese, Ravenel, Short, Anderson, Grooms, Branton and Hutto: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
Ordered for consideration tomorrow.
Columbia, S.C., February 22, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requests the return of:
H. 4644 (Word version) -- Reps. Lucas, Harris, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL COMPOSED OF MEMBERS FROM EACH ATTENDANCE AREA OF THE COUNTY, SO AS TO PROVIDE THAT THE COUNCIL FROM EACH ATTENDANCE AREA SHALL SELECT ITS OWN OFFICERS AND TO PROVIDE THAT OFFICERS OF CERTAIN COUNCILS SHALL SERVE AS EX OFFICIO MEMBERS OF OTHER COUNCILS WITH SPECIFIED AUTHORITY.
Very respectfully,
Speaker of the House
The Senate acceded to the request and H. 4644 was returned to the House.
S. 943 (Word version) -- Senators Mescher, Passailaigue, Grooms and Branton: A BILL TO AMEND SECTION 2 OF ACT 1093 OF 1966, AS LAST AMENDED BY ACT 603 OF 1971, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION IN BERKELEY COUNTY, SO AS TO FURTHER PROVIDE FOR MEMBERSHIP ON THE COMMISSION.
The House returned the Bill with amendments.
On motion of Senator MESCHER, 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.
S. 1158 (Word version) -- Transportation Committee: A CONCURRENT RESOLUTION COMMENDING THE EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR THEIR TIRELESS EFFORTS TO KEEP THE STATE'S HIGHWAYS OPEN AND SAFE DURING THE WINTER SNOW STORM OF 2000.
Returned with concurrence.
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 ordered sent to the House of Representatives:
S. 933 (Word version) -- Senators Ford and Elliott: A BILL TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT ADVERTISING IN ANY FORM, INCLUDING TELEVISION, RADIO, AND INTERNET BROADCASTS, WHICH IS KNOWN OR SHOULD BE KNOWN TO BE UNTRUE OR MISLEADING.
S. 951 (Word version) -- Senator Alexander: A BILL TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
S. 1091 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CAROLINA WOLF SPIDER", HOGNA CAROLINENSIS, AS THE OFFICIAL STATE SPIDER.
The action of the South Carolina Senate giving final passage to S. 1091 designating the Carolina Wolf Spider as the Official State Spider and sending the Bill to the House of Representatives, marks the culmination of the efforts of Skyler B. Hutto. As a third grade student at Sheridan Elementary School in Orangeburg, Skyler has worked hard to pursue this designation. His schoolmates and teachers have followed the progress of this Bill with interest. This process has not only been educational to these young people as it relates to the study of spiders, but it also has been instructional to those third graders studying South Carolina history in how a Bill becomes law.
S. 1161 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TERRITORY AND CERTIFICATES OF SEWERAGE UTILITIES AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:
S. 1137 (Word version) -- Senator Grooms: A JOINT RESOLUTION DESIGNATING THE "FOXES" AS THE OFFICIAL MASCOT OF MACEDONIA MIDDLE SCHOOL IN BERKELEY COUNTY.
On motion of Senator GROOMS, S. 1137 was ordered to receive a third reading on Wednesday, February 23, 2000.
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS, AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (1078R001.PPL), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 2 and 3 and inserting in lieu thereof:
/ selling nursery stock from a growing area of four hundred square feet or less. /
Amend the bill further, as and if amended, page 2, by striking lines 33-35 in their entirety.
Amend the bill further, as and if amended, page 3, by striking subsections (E) and (F) (lines 1-14) in their entirety and inserting in lieu thereof:
/ (E) Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock from the payment of fees required by this section are exempt; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock must register with the commission and are subject to all commission rules and regulations. Hobbyists, back yard gardeners, and the Forestry Commission must be registered but are exempt from paying registration fees required by this section.
(F) The commission may increase the nursery registration fees required by this section to an amount not to exceed three hundred dollars per year, and may increase the nursery dealer registration fee up to seventy-five dollars per location." /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4442 (Word version) -- Reps. Cato and Tripp: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO spoke on the Bill.
At 1:49 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator HUTTO spoke on the Bill.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 8A was taken up for immediate consideration.
Senator HUTTO proposed the following Amendment No. 8A (JUD0544.025), which was laid on the table:
Amend the bill, as and if amended, page 2, line 32, in Section 56-5-2933, as contained in SECTION 4, by striking line 32 in its entirety and inserting therein the following:
/ vehicle within this State while his alcohol concentration is fifteen one- /.
Amend the bill further, as and if amended, page 5, line 19, in Section 56-5-2950(b), as contained in SECTION 6, by striking line 19 in its entirety and inserting therein the following:
/ (4) If the alcohol concentration was at that time fifteen /.
Amend the bill further, as and if amended, page 12, beginning on line 7, by striking SECTION 18 in its entirety and inserting therein the following:
/ SECTION 18. This act becomes effective upon the approval of the Governor. However, in the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substances pursuant to Sections 56-5-2930 and 56-5-2950(b)(3) changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, the provisions of Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to fifteen one-hundredths of one percent; and, instead for these ranges, there shall be an inference that the person was under the influence of alcohol or other such substances./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senators McCONNELL and PATTERSON spoke on the amendment.
At 2:20 P.M., Senator MOORE assumed the Chair.
Senator PATTERSON continued speaking on the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
At 2:47 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HAYES moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Giese Glover Gregory Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator BRYAN continued arguing contra to the adoption of the amendment.
Senator HUTTO moved that the amendment be adopted.
At 2:57 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HAYES moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Giese Glover Gregory Grooms Hayes Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator BRYAN continued arguing contra to the adoption of the amendment.
At 3:02 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Elliott Glover Land Leventis Passailaigue Patterson Ravenel Short Washington
Alexander Anderson Bauer Branton Bryan Courson Drummond Fair Giese Gregory Grooms Hayes Hutto Jackson Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Reese Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to adjourn.
At 3:10 P.M., Senator RAVENEL requested a leave of absence until 9:00 A.M. on Wednesday, February 23, 2000.
Senator BRYAN continued arguing contra to the adoption of the amendment.
At 3:20 P.M., the PRESIDENT assumed the Chair.
Senator BRYAN continued arguing contra to the adoption of the amendment.
Senator LAND was recognized.
At 3:25 P.M., Senator SHORT requested a leave of absence beginning at 6:00 P.M. until 9:00 P.M. this evening.
Senator LAND asked unanimous consent to make a motion to take up Amendment No. 16 for immediate consideration.
Senator HAYES objected.
Senator LAND spoke on Amendment No. 8A.
At 3:27 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HAYES moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Courson Elliott Fair Giese Glover Gregory Grooms Hayes Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator LAND spoke on Amendment No. 8A.
At 3:41 P.M., Senator ELLIOTT made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Glover Land Leventis Passailaigue Short
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Fair Giese Gregory Grooms Hayes Hutto Leatherman Martin McConnell McGill Mescher Moore O'Dell Peeler Rankin Reese Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to adjourn.
Senator LAND spoke on Amendment No. 8A.
At 4:12 P.M., with Senator LAND retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 4:17 P.M., the Senate resumed.
At 4:19 P.M., with Senator LAND retaining the floor, on motion of Senator HAYES, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 4:24 P.M., the Senate resumed.
At 4:25 P.M., with Senator LAND retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 4:34 P.M., the Senate resumed.
Senator LAND spoke on the amendment.
Senator HAYES moved to lay Amendment No. 8A on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Courson Drummond Fair Giese Gregory Grooms Hayes Jackson Leatherman Martin McGill Mescher Moore O'Dell Peeler Ravenel * Reese Richardson Russell Ryberg Setzler Smith, J. Verne Thomas Wilson
Glover Hutto Land Leventis Matthews McConnell Passailaigue Patterson Rankin Saleeby Short Waldrep Washington
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Article I, Section 14 of the South Carolina Constitution clearly states: "The right of trial by jury shall be preserved inviolate." The passage of a per se law will severely undermine the centuries-old constitutional rights of all citizens to a jury trial when accused of any crime for which a person may be sent to prison. We object to any erosion of the individual's right to a meaningful jury trial in which all relevant evidence of guilt or innocence is admissible. However, after determining that the majority of the Senate was inclined to passage of a per se law, this amendment was offered in an attempt to preserve the right for all citizens, accused of this offense, to present full evidence in those cases in which the BAC level was less than .15. This concentration (.15) is the level at which licenses are seized under the ALR provisions of current law.
Senator McCONNELL proposed the following Amendment No. 6A (GGS\22501SOM00), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ____. However, in the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substance offenses changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to ten one-hundredths of one percent and instead, for this range, there is an inference that the person was under the influence of alcohol or other such substances. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 13 (JUD0544.011), which was laid on the table:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 5 of Title 56 of the 1976 Code of Laws is amended by adding:
"Section 56-5-3890. If a person commits a moving violation under this title while using a cellular, modular, or digital telephone, or any other telephone that can be used in a motor vehicle, the person must, upon conviction for the moving violation, be fined one hundred dollars in addition to the fine for the moving violation." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HAYES moved to lay the amendment on the table.
The amendment was laid on the table.
At 4:45 P.M., Senator ANDERSON requested a leave of absence beginning at 4:45 P.M. until 10:00 P.M. this evening.
Senator LAND proposed the following Amendment No. 16 (JUD0544.012), which was adopted:
Amend the bill, as and if amended, page 13, beginning on line 28, by striking SECTION 19 in its entirety and inserting therein the following:
/ SECTION 19. The provisions of this act shall not take effect until the Chief of the State Law Enforcement Division certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2). /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 17 (544R008.GFM), which was carried over and later withdrawn:
Amend the bill, as and if amended, page 3, by striking lines 14 through 17, and inserting in lieu thereof the following:
/ Nothing in this section prohibits the introduction of:
(1) the results of any additional tests of the person's breath or other bodily fluids;
(2) evidence on the issue of the accuracy of the breath test result; or
(3) evidence on the issue of whether the accused's nervous system was, at a minimum, impaired to the degree to be under the influence of alcohol. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
At 5:06 P.M., Senator BRYAN assumed the Chair.
Senator McCONNELL explained the amendment.
At 5:15 P.M., with Senator McCONNELL retaining the floor, on motion of Senator HAYES, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 5:19 P.M., the Senate resumed.
On motion of Senator LAND, with unanimous consent, Amendment No. 17 was carried over and subsequently withdrawn.
Senator LAND proposed the following Amendment No. 19 (GGS\ 22509CM00), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/ SECTION ______. The 1976 Code is amended by adding:
"Section 12-37-2734. Notwithstanding any other provision of law, all fines collected for all driving under the influence of alcohol or any other substance offenses must be placed in the Personal Property Tax Relief Fund established in Section 12-37-2735 and used to reduce the ad valorem tax on personal motor vehicles." /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator THOMAS argued contra to the adoption of the amendment.
Senator RICHARDSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators MARTIN and PASSAILAIGUE spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators HOLLAND and HUTTO proposed the following Amendment No. 1 (JUD0544.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION _____. Section 56-1-286(H) through (U) of the 1976 Code as last amended by Act 434 is amended to read:
"(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until he completes the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(I) 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)(J) 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)(K) 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)(L) 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)(M) 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)(N) 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)(O) An administrative hearing must be held within ten thirty 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. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. 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 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)(P) 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)(Q) 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)(R) 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)(S) 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)(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(T)(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(U)(V) 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 ten one-hundredths of one percent." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 10 (JUD0544.009), which was laid on the table:
Amend the bill, as and if amended, page 4, beginning on line 32, in Section 56-5-2940(4)(a), as contained in SECTION 5, by striking line 32 in its entirety and inserting therein the following:
/ within a period of ten five years including and immediately preceding /
Amend the bill further, as and if amended, page 6, beginning on line 36, SECTION 9, by striking SECTION 9 in its entirety and inserting therein the following:
/ SECTION 9. Section 56-5-2951(K)(1) and (2) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(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, 56-5-2933, 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 five 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 five 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, 56-5-2933, 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 five 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 five 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." /
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Courson Drummond Elliott Fair Giese Gregory Grooms Hayes Hutto Jackson Leatherman Leventis Martin McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel * Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Washington Wilson
Ford Glover Land Matthews McConnell Saleeby Waldrep
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
At 5:55 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed five minutes.
At 6:15 P.M., the Senate resumed.
At 6:15 P.M., Senator SALEEBY requested a leave of absence until 10:00 P.M.
Senator HUTTO proposed the following Amendment No. 23 (JUD0544.013), which was adopted:
Amend the bill, as and if amended, page 2, line 39, in Section 56-5-2933, as contained in SECTION 4, by striking line 39 in its entirety and inserting therein the following:
/ arrest and probable cause existed to justify the traffic stop. This Section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot be prosecuted for both a violation of /
Amend the bill, as and if amended, page 3, beginning on line 1, in Section 56-5-2933, as contained in SECTION 4, by striking lines 1 through 13 in their entirety and inserting therein the following:
/ (1) whether or not the person was lawfully arrested or detained;
(2) whether or not probable cause existed to justify the stop;
(3) the period of time between arrest and testing;
(4) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;
(5) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was ten 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) machine was working properly. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments to S. 544 be placed on the Desk for consideration.
Senator McCONNELL objected.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
At 6:34 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:36 A.M.