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 the words of St. John as he quotes the words of Jesus in his gospel, Chapter 7:17:

"Anyone who resolves to do the will of God will know whether the

teaching is from God..."
Let us pray.

Our Father, we thank You for the spirit of this session. We have found pleasure in each other's companionship. We rejoice in each other's strengths. We have been stimulated by each other's wisdom. We see ourselves as partners as we seek to make decisions that influence the lives of so many for the unknown future.

Lord, may we never despair or lose heart, in the struggle to move things as they are to where they ought to be.

Help us build the "New Jerusalem" as seeing it just beyond the horizon.

As we go in and out of our modern "Babylons," help us keep our ideals. Help us retain the passions of our hearts.

Help us keep the faith because we trust in the God that has spoken to us and came to us saying, "I am come to give you Life."

Amen!

At 11:05 A.M., on motion of Senator J. VERNE SMITH, 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.

The following appointments were transmitted by the Honorable James H. Hodges:

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

Rev. Willie S. Harrison, 1313 Bunche Ave., Greenwood, S.C. 29646

Initial Appointment, Myrtle Beach Redevelopment Authority, with term to commence July 1, 2000, and to expire July 1, 2004:

John Maxwell, 404 14th Ave. South, Myrtle Beach, S.C. 29577 VICE Mr. John Maxwell

TO:         Hon. Robert L. Peeler
FROM:     Frank Caggiano
RE:         Motion to Reconsider - H. 3692
DATE:       June 21, 2000

Subsequent to your acknowledgement of the objection of the Senator from Orangeburg to the motion of the Senator from Lancaster to reconsider the vote whereby the Senate nonconcurred in the House amendments on H. 3692 and the Senate adjourned, the Senator from Laurens approached the Desk and inquired as to the need for unanimous consent to make the motion to reconsider. I responded that I had advised the President that, inasmuch as the Senate was not in the motion period, the motion would require unanimous consent.

The Senator from Laurens correctly pointed out that Senate Rule 12 provides that a motion to reconsider would be proper "during the Motion Period or during the time between the Call of Orders of Business." I responded that the Senate was in the Call of the Uncontested Statewide Calendar and that was the reason for my advice to the President.

Upon inspection of the Calendar it was manifest that the Senate had disposed of the only uncontested matter, H. 4864, dealing with the taking of shad. As I am certain that the Senate had not proceeded to the Interrupted Debate, if you had announced the completion of the Uncontested Calendar, then my advice was in error and the motion of the Senator from Lancaster was in order and properly before the body.

I convey this information in the interest of fairness to you, the Senate and the Senator from Lancaster and so that you are fully advised as to the basis for my comments and the possibility that my advice may have caused an inadvertent error.

c:   Hon. Glenn F. McConnell

Hon. James E. Bryan

Hon. Chauncey K. Gregory

Hon. C. Bradley Hutto

Senate Journal

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

Document No. 2496
Agency: Clemson University
SUBJECT: Specific Requirements for Cattle - Brucellosis Testing
Received by Lieutenant Governor June 6, 2000
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration October 4, 2000
Subject to Sine Die Revision

Document No. 2497
Agency: Clemson University
SUBJECT: Quarantine of Garbage Fed Swine
Received by Lieutenant Governor June 6, 2000
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration October 4, 2000
Subject to Sine Die Revision

S. 1324 (Word version) -- Senator Branton: A BILL TO AMEND ACT 512 OF 1996, RELATING TO DEVOLUTION OF AUTHORITY AND BUDGETARY APPROVALS TO THE GOVERNING BODY OF DORCHESTER COUNTY, SO AS TO DELETE THE COUNTY TRANSPORTATION COMMITTEE FROM THE OFFICES, BOARDS, AND COMMISSIONS OVER WHICH THE GOVERNING BODY OF DORCHESTER COUNTY HAS AUTHORITY.

Senator BRANTON asked unanimous consent to make a motion to recall the Bill from the Dorchester County Delegation.

There was no objection and the Bill was recalled from the Dorchester County Delegation.

On motion of Senator BRANTON, 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.

On motion of Senator BRANTON, with unanimous consent, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

The following were introduced:

S. 1438 (Word version) -- Senators Fair and Branton: A SENATE RESOLUTION TO CONDEMN THE RULING OF THE UNITED STATES SUPREME COURT IN ITS RECENT DECISION THAT REJECTS PRAYER IN PUBLIC SCHOOLS AND TO EXPRESS THE OUTRAGE OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THIS ACTION BY THE UNITED STATES SUPREME COURT AND ITS DETRIMENTAL IMPACT ON THE CITIZENS OF OUR STATE AND COUNTRY.
l:\council\bills\pt\2180dw00.doc

The Senate Resolution was adopted.

S. 1439 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARTHA ELIZABETH COX OF FLORENCE COUNTY FOR HER DISTINGUISHED SERVICE ON THE STATE BOARD OF EDUCATION.
l:\council\bills\bbm\9707htc00.doc

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

S. 1440 (Word version) -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE COMMUNITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO

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

H. 5167 (Word version) -- Rep. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE WITH GRATITUDE THE FIVE YEARS OF DEDICATED LEGISLATIVE SERVICE OF REPRESENTATIVE LYNN SEITHEL TO THE CITIZENS OF THE STATE OF SOUTH CAROLINA AND THE COUNTY OF CHARLESTON AND WISHING HER THE BEST IN HER FUTURE ENDEAVORS.

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

H. 5171 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE CITY OF ANDERSON FOR RECEIVING THE ALL-AMERICA CITY AWARD FOR ITS COMMITMENT TO INITIATING COMMUNITY-DRIVEN PROJECTS THAT ENHANCE THE LIVES OF ITS CITIZENS.

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

H. 5177 (Word version) -- Rep. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, D.C. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOHN L. SCOTT, SR. OF RICHLAND COUNTY, PRESIDENT OF J. L. SCOTT REALTY COMPANY, INC., ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY ON NOVEMBER 7, 2000, AND TO RECOGNIZE HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY IN RICHLAND COUNTY.

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

H. 5178 (Word version) -- Reps. Sheheen, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, D.C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille,

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

Columbia, SC., June 20, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Campsen, Easterday and Delleney to the Committee of Conference on the part of the House on:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
Very respectfully,
Speaker of the House

Received as information.

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

H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO

By prior motion of Senator PEELER, with unanimous consent, the Bill was read the third time, returned to the House with amendments.

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

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

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

Senator RYBERG made a Parliamentary Inquiry as to whether or not a Call of the Uncontested Statewide Calendar was included in the items to be considered in S. 1430, the Sine Die Resolution.

The PRESIDENT stated that the Sine Die Resolution does not amend or suspend the Rules of the Senate as it relates to the Senate's Order of Business.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 10 (jud003.016) proposed by Senator RANKIN and previously printed in the Journal of Tuesday, May 30, 2000.

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

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

Columbia, S.C., June 20, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers, asks for a Committee of Free Conference and has appointed Reps. Law, Trotter and Canty to the Committee of Free Conference on the part of the House on:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN

Received as information.

Columbia, S.C., June 20, 2000

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. 3693 (Word version)
Very respectfully,
Speaker of the House

Received as information.

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE

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, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, MOORE and GLOVER 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 MOORE, the Report of the Committee of Free Conference to H. 3693 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/23/00.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 16-17-445 of the 1976 Code is amended to read:

"Section 16-17-445.   (A)   As used in this section:

(1)   'Consumer telephone call' means a call made by a telephone solicitor for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for these purposes.

(2)   'Consumer goods or services' means any tangible personal property which is normally used for personal, family, financial, or household purposes, including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and interests in vacation timesharing plans or vacation ownership plans and any services related to this property. Services sold by institutions licensed and regulated under Title 38 are not consumer goods or services for purposes of this section.

(3)   'Prize promotion' means:

(a)   a sweepstakes or other game of chance; or

(b)   an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize.

(4)   'Unsolicited consumer telephone call' means a consumer telephone call other than a call made:

(a)   in response to an express request of the person called;

(b)   primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call; or

(c)   to any a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.

(4)(5)   'Telephone solicitor' means any an individual, firm or organization, partnership, association, or corporation who makes or causes to be made a consumer telephone call.

(5)(6)   'Department' means the Department of Consumer Affairs.

(B)   Any A telephone solicitor who makes an unsolicited consumer telephone call shall: must

(1)   identify himself and the business on whose behalf he is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and

(2)   within thirty seconds after beginning the conversation state the purpose of the call, allow the person called the opportunity to respond, and if the response is negative discontinue the call; and

disclose promptly and in a clear conspicuous manner to the person receiving the call, the following information:

(1)   the identity of the seller;

(2)   that the purpose of the call is to sell goods or services;

(3)   the nature of the goods or services;

(4)   that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion; and

(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor, whether verbally or in writing, not to call again. If the called party prefers to make his request in writing, then the telephone solicitor must immediately provide the called party with the appropriate address to send and make effective his written request to be removed from the in-house calling lists.

(C)   Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m. on any day.

(D)   Unsolicited calls must disclose to the buyer at the time of solicitations:

(1)   cost of merchandise or method of estimation;

(2)   payment plan; and

(3)   extra or special charges such as shipping, handling, and taxes.

(E)   Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. The department has the authority to monitor compliance with this provision. A person or his agent having who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from a solicitor's in-house calling lists by sending written notification to the solicitor.

(F)   The department shall investigate any complaints received concerning violations of this section. If the department finds that there has been a violation of this section, it may impose a civil penalty not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation, and may seek other relief, including injunctive relief, as the court considers appropriate against the telephone solicitor. In addition, any a person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction for a first or second offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and criminal penalties of in this section.

(G)   Telephone companies are not responsible for the enforcement of the provisions of this section, and are not liable for any error or omission in the listings made pursuant hereto to this section."

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

Amend title to read:

A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL

/s/Sen. Edward E. Saleeby         /s/Rep. James N. Law
/s/Sen. Thomas L. Moore           /s/Rep. Teddy N. Trotter
Sen. Maggie W. Glover             Rep.  Ralph W. Canty
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

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 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT

Received as information.

H. 3927 (Word version)

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Senate nonconcurred in the House amendments.

There was no objection.

The Senate concurred in the House amendments and the Bill was enrolled for Ratification.

A message was sent to the House accordingly.

At 11:50 A.M., on motion of Senator MOORE, the Senate receded from business until 3:00 P.M.

The Senate reassembled at 3:05 P.M., and was called to order by the PRESIDENT.

S. 1436 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO JOIN THE CITIZENS OF OCONEE COUNTY AS THEY KICK OFF A THREE-YEAR-LONG TRIBUTE TO THE ONE THOUSAND FIVE HUNDRED KOREAN ERA VETERANS OF THE COUNTY WITH THE DEDICATION OF A FIFTIETH ANNIVERSARY COMMEMORATIVE FLAG CELEBRATING THEIR MANY BRAVE AND SELFLESS ROLES IN THE DEFENSE OF FREEDOM FROM JUNE 25, 1950, TO JULY 27, 1953.

Returned with concurrence.

Received as information.

S. 1439 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARTHA ELIZABETH COX OF

Returned with concurrence.

Received as information.

S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL

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 SHORT 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 S. 1111 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/25/00 --S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION 1.   Section 59-1-420 of the 1976 Code is further amended to read:

"Section 59-1-420.   Notwithstanding any other provision of law, (A)   Beginning with school year 2000-2001, the statutory school term is one hundred ninety days annually and at least one hundred eighty days must be used for student instruction and. Of the remaining ten days may, no more than to two days may be used for preparation of opening and closing of schools, for in-service training, and for teacher planning and preparation time. At least three days may be used for the opening and closing of schools and for teacher planning and preparation and

(B)   For school years 2001-2002 and 2002-2003, the statutory school term is one hundred ninety-three days and at least one hundred eighty days must be used for student instruction. Of the remaining thirteen days, seven days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than two of these days may be used for preparation of opening of schools.

C)   Beginning with school year 2003-2004, the statutory school term is one hundred ninety-five days annually and at least one hundred eighty days must be used for student instruction. Of the remaining fifteen days, nine days must be used for collegial professional development based on national professional development standards. This professional development shall address strengthening the knowledge of all teachers in content, teaching techniques, and assessment. Six days may be used for the development of student academic plans and conferencing with parents or the development of curriculum and instructional plans, and no more than two of these days may be used for preparation of opening of schools.

D)   Except that subsections (B) and (C) of this section shall be implemented only upon funding by the General Assembly. Local school districts shall have no obligation to implement these subsections until funding is provided by the General Assembly."

SECTION   2.   The 1976 Code is amended by adding:

"Section 59-5-75.   The State Board of Education shall review and make any necessary revisions to regulations to define the criteria for an out-of-field permit and for school districts to report out-of-field

SECTION   3.   The State Board of Education shall consider establishing immediately for individuals employed as principals the recertification requirement that they must complete in-depth training on ways to support and encourage teachers professionally. The curriculum for the training shall include methods for helping teachers develop professional growth plans, selecting opportunities for growth such as taking courses, serving on committees, providing appropriate positive and corrective feedback to teachers, and appropriately assigning teachers based on skill level, stage in career, and future goals. The Principal Executive Institute, New Principals' Academy, and the Leadership Academy at the State Department of Education shall consider identifying recertification opportunities for principals to meet the requirements outlined above as well as include training in the special needs of beginning teachers, the actions to assist them, and the actions to avoid.

SECTION 4.   The 1976 Code is amended by adding: "Section 59-5-85.   The State Board of Education and the Department of Education shall review and refine, as necessary, the professional performance dimensions in the state's teacher evaluation program (ADEPT) established in Section 59-26-30(B) to ensure the dimensions are consistent with nationally recognized performance-based accreditation standards and certification standards of the National Board for Professional Teaching Standards certification standards. National board certified teachers shall be included in this review. A report on the changes to the dimensions must be provided to the Education and Public Works Committee of the House of Representatives and the Education Committee of the Senate no later than September 1, 2001.

The Department of Education shall implement a pilot program to develop procedures and obtain information for including student achievement as a component in the teacher evaluation program (ADEPT). No fewer than five school districts must participate in the development and pilot of the procedures, at least one district designated as impaired is to be included in the pilot if the district chooses. The development of the program is to begin no later than September 1, 2000. A report on the progress of the project and recommendations

Further, the Department of Education shall develop guidelines for the teacher induction program, established in Section 59-26-20, which shall include sustained long-term coaching and assistance. Information on best practices in teacher induction programs must be disseminated to school districts. By July 1, 2000, the State Department of Education shall adopt criteria for the selection and training of teachers who serve as mentors for new teachers as a part of the induction program."

SECTION 5.   The 1976 Code is amended by adding:

"Section 59-5-95.   The State Board of Education and the Commission on Higher Education shall appoint a collegial panel of middle grade classroom teachers and teacher preparation faculty to review the National Council for Accreditation of Teacher Education (NCATE) accreditation requirements and recommend any additional training standards and needs for middle grade teacher preparation and professional development courses. The panel shall be a continuing body, shall include representatives of professional organizations, and shall:

(1)   review the state's academic standards in the four core academic areas and current teaching courses;

(2)   determine the knowledge and skills needed by teachers at the middle grades level to teach these standards and assess student progress in learning the standards;

(3)   establish syllabi to guide the development of high quality teacher preparation courses; and

(4)   develop assessments to determine the strengths and weaknesses of the curriculum."

SECTION   6.   The State Board of Education shall: (1) establish requirements for initial certification for teaching in the middle grades by October 1, 2000, in consultation with the Middle Grades Task Force. In setting the requirements, the board shall consider standards for teacher preparation programs, elimination of the significant overlap in grades between elementary and middle level certification, and determine ways to phase in initial and add-on certification. In addition, the board shall establish a timeline and a staged phase-in of add-on certification for teachers currently teaching in the middle grades;

(2)   immediately consider granting South Carolina certification to out-of-state teachers possessing middle grades certification based on a review of their teaching experience and background rather than

(3)   appoint a collegial panel of middle grades classroom teachers, principals, and teacher preparation faculty to recommend training standards and needs for middle grades preparation and professional development courses for middle grades principals. The panel shall consider, among other areas, the skills and knowledge needed to be a successful middle grades principal and the training needed to carry out the responsibility of supporting, evaluating, and rewarding good teaching;

(4)   revisit and redefine the Defined Program, Grades 6-8, Regulation 43-232, and other appropriate regulations that establish the middle grades requirements. As a part of the review, the board shall consider reducing over time the pupil-teacher ratio maximums of 30 and 35 to 1 in academic courses to a maximum ratio of 24 to 1. The board also shall consider reducing over time the ratio of students to guidance counselors from 500 to 1 to 300 to 1 and establishing that the roles and responsibilities of the guidance counselor at the middle grades are to counsel and give academic and career guidance. Consideration also shall be given to requiring school districts to designate in each middle school a home-school liaison to work with individual families and with community groups to support and encourage the ties between school and home and community.

SECTION 7.   Section 59-5-135(B) of the 1976 Code, as added by Part II, Section 46, Act 100 of 1999, is amended to read:

"(B)   There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The purpose of the institute also is to mobilize efforts to improve the reading abilities of students in the middle grades and accelerate the learning of students reading below grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)   review the best practices in the teaching of reading;

(2)   provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)   award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."

SECTION 8.   The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710 of the 1976 Code, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.

SECTION 9.   The 1976 Code is amended by adding:

"Section 59-25-45.     Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its 'Plan of Benefits' regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost."

SECTION   10.   Section 59-26-20(j) of the 1976 Code, as last amended by Act 400 of 1998, is further amended to read:

"(j)   the Commission on Higher Education, in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a loan program whereby talented and qualified state residents may be provided loans to attend public or private colleges and universities for the sole purpose and intent of becoming certified teachers employed in the State in areas of critical need. Areas of critical need shall include both rural geographic areas and areas of teacher certification and must be defined annually for that purpose by the State Board of Education. The definitions used in the federal Perkins Loan Program shall serve as the basis for defining 'critical geographical areas'. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest

Beginning July 1, 2000, the loan must be canceled at the rate of twenty percent or three thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in either an academic critical need area or in a geographic need area. Beginning July 1, 1989, the The loan must be canceled at the rate of thirty-three and one-third percent, or five thousand dollars, whichever is greater, of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area. Beginning July 1, 2000, all loan recipients teaching in the public schools of South Carolina but not in an academic or geographic critical need area are to be charged an interest rate below that charged to loan recipients who do not teach in South Carolina.
Additional loans to assist with college and living expenses shall be made available for talented and qualified state residents attending public or private colleges and universities in this State for the sole purpose and intent of changing careers in order to become certified teachers employed in the State in areas of critical need. These loan funds also may be used for the cost of participation in the critical needs certification program pursuant to Section 59-26-30(A)(8). Such loans must be cancelled under the same conditions and at the same rates as other critical need loans.

In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable. The recipient

SECTION   11.   The 1976 Code is amended by adding:

"Section 59-26-85.   (A)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification and NBPTS certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status and their recertification cycle will be consistent with National Board certification. Teachers receiving national certification from the NBPTS shall receive an increase in pay for the life of the certification. The pay increase shall be determined annually in the appropriations act. The established amount shall be added to the annual pay of the nationally certified teacher.

(B)   The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven."

SECTION 12.   The Department of Education is directed to review the purposes and certification standards of the National Board for Professional Teaching Standards (NBPTS) and examine the purposes and certification standards of the American Speech-Language Hearing Association (ASHA), National Board for Certified Counselors, Inc. (NBCC), and National Association of School Psychologists (NASP) to determine comparability and make recommendations regarding recertification cycles, initial certification requirements for these

SECTION 13.   The 1976 Code is amended by adding:

"Section 59-26-90.     The State Department of Education shall establish a program for the State Teacher of the Year to include an honorarium of no less than twenty-five thousand dollars. In addition, the program is to recognize the four honor roll teachers of the year with awards of no less than ten thousand dollars each and award local district teachers of the year with honoraria of no less than one thousand dollars each."

SECTION   14.   The 1976 Code is amended by adding:

"Section 59-26-100.   The State Board of Education, acting through the Department of Education, shall establish a program whereby schools and school districts may be awarded funds to develop various types of incentives for those teachers who are trained and serve as mentors to new teachers as a part of the induction program established in Section 59-26-20. Among the incentives that may qualify are additional pay, release time, and additional assistance in the classroom. To qualify for these funds, the school or school district must meet the criteria established by the state board."

SECTION   15.   The 1976 Code is amended by adding:

"Section 59-139-90.   The school and district strategic plans required in Section 59-139-10 must include the stated goals and objectives for parent involvement and the methods used for data collection to support statewide evaluation of parent involvement efforts."

SECTION 16.   The State Department of Education shall undertake a study of the training, responsibilities, and funding of para-professionals to better enable school districts and schools to organize teachers' work days so as to reduce teachers' noninstructional duties, such as breakfast, lunch, and bus duty, and provide teachers more time during the school day to plan for instruction and collaborate for improved curriculum delivery. The study must be provided to the Education Committee of the Senate and the Education and Public Works Committee of the House of Representatives no later than August 15, 2000.

SECTION 17.     Section 9-1-1795(B) of the 1976 Code, as added by Section 82, Part II, Act 100 of 1999 is amended to read:

"(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided

SECTION 18.   This act takes effect upon approval by the Governor, except that the provisions of 59-1-420 (B) and (C) as contained as SECTION 1 shall be implemented upon funding by the General Assembly./

Amend title to conform.

/s/Sen. James E. Bryan, Jr.       /s/Rep. Lanny F. Littlejohn
/s/Sen. Robert W. Hayes, Jr.      /s/Rep. Willie B. McMahand, Sr.
/s/Sen. Linda H. Short            /s/Rep. Edith M. Rogers
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

At 3:10 P.M., on motion of Senator GIESE, the Senate receded from business pending the presence of a quorum.

At 3:34 P.M., a quorum being present, the Senate resumed.

At 3:35 P.M., Senator DRUMMOND moved that the Senate go into Executive Session.

At 5:50 P.M., Senator BRYAN assumed the Chair.

H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell,

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

Senator MOORE asked unanimous consent to give the Joint Resolution a second reading with notice of general amendments and place it on the Third Reading Calendar.

There was no objection.

H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.

The House returned the Bill with amendments.

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

S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH

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

Senator McCONNELL spoke on the Report.

On motion of Senator McCONNELL, the Report of the Committee of Conference to S. 705 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Section 5-37-20(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"(2)   'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any

SECTION   2.   Chapter 37 of Title 5 of the 1976 Code is amended by adding:

"Section 5-37-35.   Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."

SECTION   3.   Chapter 21 of Title 6 of the 1976 Code is amended by adding:

"Section 6-21-55.   The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."

SECTION   4.   Chapter 7, Title 5 of the 1976 Code is amended by adding:

"Section 5-7-36.     No assessment for the Improvement District improvements may be made on residential property for additional police, fire, and garbage services therein which are part of the plan. Provided further, no assessment may be assessed against real property which qualifies for exemption from ad valorem taxes as a historic fort pursuant to the statutes of South Carolina."

SECTION   5.   The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities located within the corporate limits, or which maintain a corporate presence within the towns of Pine Ridge or South Congaree, shall not be prohibited along Pine Ridge Drive or Fish Hatchery Road.

SECTION   6.   Section 44-56-170(F) of the 1976 Code is amended by amending the last two sentences to read as follows:

"For the purpose of this subsection `infrastructure' means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:

(1 i)   improvements to both public water and sewer systems;

(2 ii)   improvements to public electric, natural gas, and telecommunication systems; and

(3 iii)   fixed transportation facilities including highway, road, rail, water, and air."

SECTION   7.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/Sen. Glenn F. McConnell        /s/Rep. Daniel T. Cooper
/s/Sen. John W. Matthews, Jr.     /s/Rep. Alfred B. Robinson, Jr.
/s/Sen. Luke A. Rankin            /s/Rep. Tracy Russell Edge
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator HOLLAND moved to reconsider the vote whereby the Bill was given a third reading.

There was no objection and the motion to reconsider was adopted.

Senator HOLLAND proposed the following amendment (NBD\ 12221AC00), which was adopted:

Amend the bill, as and if amended, by striking all before the enacting words and inserting:

TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 SO AS TO REQUIRE ARBITRATION FOR CLAIMS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS OR LESS FILED IN CIRCUIT COURT AND TO PROVIDE AN EXCEPTION; TO ADD SECTION 22-3-40, SO AS TO PROVIDE FOR ARBITRATION OF CIVIL CASES IN MAGISTRATES COURTS; AND TO AMEND SECTION 22-8-40, AS AMENDED, RELATING TO FULL-TIME AND PART-TIME

Amend the bill further, by striking all after the enacting words and inserting:

/SECTION   1.   Title 15 of the 1976 Code is amended by adding:

Section 15-47-100.   Notwithstanding any other provision of law, a circuit court judge must designate any civil case pending before him in which there is any claim for monetary relief not exceeding seven thousand five hundred dollars total, exclusive of interest, costs, and attorney's fees, as subject to arbitration, and give notice to the parties of this designation. Arbitration of these cases is governed by the procedure set forth in the South Carolina Circuit Court Arbitration Rules; however, arbitration must not be ordered if the case has been exempted from arbitration by Rule 2(c) of the South Carolina Circuit Court Arbitration Rules."

SECTION   2.   The 1976 Code is amended by adding:

"Section 22-3-40.     Notwithstanding any other provision of law, the Chief Magistrate may designate any civil action which is (1) within magistrates court civil jurisdiction, (2) pending in the county, (3) commenced by a summons and complaint, and (4) a claim for monetary relief as eligible for arbitration, and give notice to the parties of this designation. Arbitration of a case in magistrates court is governed by the procedure set forth in the South Carolina Circuit Court Arbitration Rules; however, the arbitration of a case in magistrates court is not required to be scheduled or take place within three hundred days of the filing of the case. Arbitration must not be ordered for ejectment cases."

SECTION   3.   Section 22-8-40(B)(1)(b) of the 1976 Code, as last amended by Act 226 of 2000, is further amended to read:

"(b)   upon completing the requirements of Sections 22-1-10(C) and 22-1-12 22-1-16, a magistrate shall be paid eighty percent of the base salary for his county's population category as provided in item (2);"

SECTION   4.   This act takes effect upon approval by the Governor; however, Sections 1 and 2 of this act take effect January 1, 2001, and the completion of the requirement contained in Section 22-1-16 of the 1976 Code for purposes of Section 22-8-40(B)(1)(b) of the 1976 Code, as amended in Section 3 of this act, applies to magistrates whose initial appointment begins on or after July 1, 2001. /

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND 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. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HOLLAND spoke on the Report.

On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators HOLLAND, RANKIN and ALEXANDER 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 HOLLAND, the Report of the Committee of Free Conference to H. 4684 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Section 14-7-860 of the 1976 Code is amended to read:

"Section 14-7-860.     The presiding judge for cause shown may excuse anyone from jury duty at any term of court if he considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record. Any woman having a child under seven years of age of whom she has legal custody and the duty of care, who desires to be excused from jury duty, shall furnish an affidavit to the clerk of court stating that she is unable to provide adequate care for the child while performing jury duty and shall be excused from such duty. The provisions of Section 14-7-870 shall not apply to any such woman juror. Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty.

Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed thirty days or both."

SECTION   2.   Section 14-25-15 of the 1976 Code is amended to read:

"Section 14-25-15.   (A)   Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council.

(B)   The council shall notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges.

(C)   Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution.

(D)   Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges:

(1)   All municipal judges shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from taking an examination based upon experience or education factors.

(a)   Municipal judges appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later.

(b)   Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, shall pass a certification examination before April 30, 2001.

(c)   Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 2002.

(d)   Every municipal judge shall pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter.

(2)   If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier.

(E)   Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge's office is declared vacant, the municipal judge does not hold over, and the council shall appoint a successor, as provided in Section 14-25-25; however, the council shall not reappoint the current municipal judge who failed to complete the training program or pass the certification examination required pursuant to subsection (D) to a new term or to fill the vacancy in the existing term.

(F)   No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.

(G)   All municipal judges shall attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges' duties which are required by the Supreme Court of South Carolina. The Chief Justice of the Supreme Court shall establish guidelines for exempting municipal judges from the continuing education hours required by this section based upon experience or education factors."

SECTION   3.   Section 14-25-115 of the 1976 Code is amended to read:

"Section 14-25-115.   The council of any a municipality may establish the office of ministerial recorder and appoint one or more full-time or part-time ministerial recorders, who shall hold office at the pleasure of the council. Before entering upon the discharge of the duties of the office of ministerial recorder, the person appointed shall take and subscribe the prescribed oath of office and shall be certified by the municipal judge as having been instructed in the proper method of issuing warrants and setting and accepting bonds and recognizances. Ministerial recorders shall have the power to set and accept bonds and recognizances and to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality, and in criminal cases as are now conferred by law upon

SECTION   4.   The 1976 Code is amended by adding:

"Section 14-25-180.   Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the municipal judge if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty."

SECTION   5.   The 1976 Code is amended by adding:

"Section   17-9-15.   Upon the demand of the executive authority of another state, known as the requesting state, the Governor of this State may surrender a person in this State who is charged in the requesting state with committing an act in this State or a third state which intentionally resulted in committing an offense in the requesting state. The person must be charged in the requesting state in the manner set forth in Section 17-9-10; provided, however, the person need not have been in the requesting state at the time of the commission of the crime in that state and need not have fled from that state. However, the provisions of this chapter not otherwise inconsistent with this section apply to the case."

SECTION   6.   The 1976 Code is amended by adding:

"Section 17-23-162.     The affiant listed on an arrest warrant or the chief investigating officer for the case must be present to testify at the preliminary hearing of the person arrested pursuant to the warrant."

SECTION   7.   The 1976 Code is amended by adding:

"Section 22-2-135.     Upon furnishing an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the magistrate if the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty."

SECTION   8.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/Sen. Donald H. Holland         /s/Rep. Douglas Jennings, Jr.
/s/Sen. Luke A. Rankin            /s/Rep. James S. Klauber
/s/Sen. Thomas C. Alexander       /s/Rep. 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 21, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers, asks for a Committee of Free Conference and has appointed Reps. Jennings, Maddox and Klauber to the Committee of Free Conference on the part of the House on:
H. 4684 (Word version)
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 21, 2000

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. 4684 (Word version)
Very respectfully,
Speaker of the House

Received as information.

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.

At 6:10 P.M., Senator SETZLER assumed the Chair.

S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, 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.

On motion of Senator HUTTO, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HUTTO spoke on the Report.

On motion of Senator HUTTO, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, HUTTO and HAYES 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 HUTTO, the Report of the Committee of Free Conference to S. 544 was adopted as follows:

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/1/00--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:

"(A)(1)   In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930 and Section 56-5-2933, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(2)   In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions pursuant to Section 56-5-2930 and Section 56-5-2933. No portion of the

(B)   The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.

All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."

SECTION   2.   Chapter 38, Title 44 of the 1976 Code is amended by adding:

Section 44-38-510.     (A)   The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this State and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.

(B)   The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two-year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two-year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two-year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three-year term. All subsequent appointments shall be for four-year terms.

(C)   At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four-year terms shall not be reappointed for two years after completion of those terms.

(D)   A majority of the membership of the board shall constitute a quorum.

(E)   The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall

(F)   Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.

(G)   No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.

(H)   Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.

(I)   The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.

(J)   The board shall set forth guidelines and standards for allocation of these funds.

(K)   Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."

SECTION   3.   Section 56-1-286(F)(2) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:

"(2)   one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section Sections 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 or has had a previous suspension imposed pursuant to Section Sections 56-1-286, 56-5-2950, or 56-5-2951."

SECTION   4.   Section 56-1-286(G)(2) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:

"(2)   six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section Sections 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 or

SECTION   5.   Section 56-1-286 (H) through (U) of the 1976 Code, as added by Act 434 of 1998, is further 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 thirty days of the issuance of the notice of suspension; and

(5)   he must enroll in an Alcohol and Drug Safety Action Program within ten thirty 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 thirty 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 thirty 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 thirty 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 thirty 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 hold the hearing within thirty days, a written order must be issued by the department within thirty 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 thirty days or fails within thirty days to notify the defendant of a new hearing date, 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

SECTION   6.   Section 56-1-1320 is amended to read:

"Section 56-1-1320.   A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including Section 56-5-2930 and Section 56-5-2933, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee."

SECTION   7.   Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2930.     It is unlawful for a person to drive a motor vehicle within this State while under the:

(1)   under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;

(2)   under the 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)   under the 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."

SECTION   8.   Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2933.   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten

(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 regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and

(d)   machine was working properly.

Nothing contained in this section prohibits the introduction of:

(1)   the results of any additional tests of the person's breath or other bodily fluids;

(2)   any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:

(a)   evidence of field sobriety tests;

(b)   evidence of the amount of alcohol consumed by the person; and

(c)   evidence of the person's driving;

(3)   a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or

(4)   any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.

At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence."

SECTION   9.   The 1976 Code is amended by adding:

"Section 56-5-2934.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses and/or documents, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices.

In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department."

SECTION   10.   The 1976 Code is amended by adding:

"Section 56-5-2935.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses and/or

SECTION   11.   Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2940.   A person violating who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:

(1)   By by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense.; However 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.

(2)   By by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.

(3)   By by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense.

(4)   Imprisonment by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.

No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses violations within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the Court court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."

SECTION   12.   The 1976 Code is amended by adding:

"Section 56-5-2941.   In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. The State Law Enforcement Division, in consultation with the department, shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.

If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the

SECTION   13.   The 1976 Code is amended by adding:

"Section 56-5-2949.   In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, breath site videotaping, or ignition interlock which is in effect on or after July 1, 2000, shall be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."

SECTION   14.   Subsections (a) and (b) of Section 56-5-2950 of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:

"(a)   A person who 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 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 arrested a person for 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. 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 any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample 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 alcohol concentration is ten one-hundredths of one percent 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 the department, using methods approved by pursuant to SLED policies. The arresting officer may 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, a ten one-hundredths of one percent simulator test must be performed and

No tests may be administered or samples 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 thirty days of the issuance of the notice of suspension; and

(5)   he must enroll in an Alcohol and Drug Safety Action Program within ten thirty days of the issuance of the notice of suspension.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of 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 obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or 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 request or 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 obtained at the direction of the law enforcement officer.

The arresting officer must provide 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 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 the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:

(1)   If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.

(2)   If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent, 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 evidence in determining the guilt or innocence of the person.

(3)   If the alcohol concentration was at that time ten one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.

(4)   If the alcohol concentration was at that time ten one-hundredths of one percent or more and the original testing of the

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."

SECTION   15.   Section 56-5-2951(A) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(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, 56-5-2933, or Section 56-5-2945."

SECTION   16.   Section 56-5-2951(B) of the 1976 Code, as added by Act 434 of 1998 is amended to read:

"(B)   If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within ten thirty 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."

SECTION   17.   Section 56-5-2951(C) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

"(C)     If the person does not enroll in an Alcohol and Drug Safety Action Program within ten thirty 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."

SECTION   18.   Section 56-5-2951(D) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(D)     Within ten thirty 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

(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, 56-5-2933, or Section 56-5-2945."

SECTION   19.   Section 56-5-2951(G) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(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 thirty 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)."

SECTION   20.   Section 56-5-2951(H) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(H)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the

(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."

SECTION   21.   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 years preceding a violation of this section, and who has

(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 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."

SECTION   22.   Section 56-5-2951(P) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(P)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 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 unless he is convicted of the violation."

SECTION   23.   Section 56-5-2953(A) and (B) of the 1976 Code, as added by Act 434 of 1998, are further amended to read:

"(A)   A person who violates Section 56-5-2930, 56-5-2933, 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, 56-5-2933, 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, 56-5-2933, 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, 56-5-2933, 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, 56-5-2933, 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,

SECTION   24.   Title 56 of the 1976 Code is amended by adding an appropriately numbered section to read:

"Section 56-5-2954.   The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. The records required by this section are subject compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."

SECTION   25.   Section 56-5-2970 of the 1976 Code is amended to read:

"Section 56-5-2970.   All clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violation of Section 56-5-2930, 56-5-2933, or for convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violations of any other laws or ordinances of this State that prohibit any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics are required to report to the motor vehicle division of the Department department every such conviction, plea of guilty or of nolo contendere or bail forfeiture within ten days after such conviction, entry of a plea of guilty or of nolo contendere or forfeiture or after the receipt of such report, as the case may be. Such reports shall be made upon forms to be provided by the Department department, arranged in duplicate, and the director of the motor vehicle division of the Department department shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.

Any person violating the provisions of this section shall be subject to a penalty of twenty-five dollars for each such failure, to be collected by

SECTION   26.   Section 56-5-2980 of the 1976 Code is amended to read:

"Section 56-5-2980.   In all trials and proceedings in any court of this State, in which the defendant is charged with a violation of Section 56-5-2920 or, 56-5-2930, or 56-5-2933 which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970, when such copies are duly certified by the director of the department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction, of the defendant in any other court. Copies of the reports must be duly certified by the director of the department or his designee as true copies. But, the accused may stipulate with the solicitor If the defendant stipulates that the charge constitutes a second or further subsequent offense, in which event the indictment shall not contain allegations of prior offenses, nor shall and evidence of such prior offenses must not be introduced."

SECTION   27.   Section 56-5-2990(A) of the 1976 Code is amended to read:

"(A)   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 a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from 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 conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent 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

SECTION   28.   Section 56-5-2990(F) of the 1976 Code is amended to read:

"(F)   Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."

SECTION   29.   Section 56-5-2995 of the 1976 Code is amended to read:

"Section 56-5-2995.   (A)   In addition to the penalties imposed for a first offense violation of Section 56-5-2930 or 56-5-2933 in magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute the twelve-dollar assessments in the manner provided in Section 14-1-201.

(B)   In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute these twelve-dollar assessments in the manner provided in Section 14-1-201."

SECTION   30.   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

SECTION   31.   Section 61-4-110 of the 1976 Code is amended to read:

"Section 61-4-110.   It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving motor vehicle of any kind which is licensed to travel in this State or any other state and that may travel while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume."

SECTION   32.   Section 61-6-4020 of the 1976 Code is amended to read:

"Section 61-6-4020.   A person who is twenty-one years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in the luggage compartment or cargo area. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

For purposes of this section, alcoholic liquors means all distilled spirits regardless of the percentage of alcohol by volume that they contain."

SECTION   33.   If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION   34.   Except for SECTIONS 9, 31, and 32, the provisions of this act shall not take effect until the later of the following dates: January 1, 2001, or when the Chief of SLED certifies to the President

Amend title to conform.

/s/Sen. Edward E. Saleeby         /s/Rep. J. Gary Simrill
/s/Sen. Robert W. Hayes, Jr.      /s/Rep. Bill Cotty
/s/Sen. C. Bradley Hutto          /s/Rep. James Howle Lucas
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

S. 1164 (Word version) -- Senators Bryan, Setzler, Giese, Reese, Ford, Anderson, Branton, Waldrep, Hayes, Moore, Saleeby, Washington, J. Verne Smith, Courson, Ravenel, Grooms, O'Dell, Holland, Fair, Martin, Matthews, Patterson, Elliott, Alexander, Land, Short, Rankin and McGill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO ENACT THE "PARENT INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT" INCLUDING PROVISIONS TO ESTABLISH A FRAMEWORK FOR ENCOURAGEMENT OF INCREASED PARENTAL INVOLVEMENT IN THE EDUCATION OF THEIR CHILDREN, FOR PARENTAL INVOLVEMENT TRAINING FOR EDUCATORS AND SCHOOL STAFF, FOR PARENTAL RESPONSIBILITIES FOR THEIR CHILD'S ACADEMIC SUCCESS, FOR EFFORTS TO INCREASE PARENT-TEACHER CONTACTS, AND FOR EVALUATION OF PARENT INVOLVEMENT EFFORTS; TO AMEND SECTION 59-1-420, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD TWO ADDITIONAL SCHOOL DAYS TO BEGIN WITH SCHOOL YEAR 2002-2003 AND TO PROVIDE THAT THESE DAYS MUST BE USED FOR FURTHER PARENT-TEACHER CONFERENCES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL CONSIDER ENACTING EMPLOYER TAX CREDITS TO ENCOURAGE WORKPLACE POLICIES FOR PARENT RELEASE TIME FROM

The House returned the Bill with amendments.

On motion of Senator BRYAN, 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. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.

On motion of Senator LEVENTIS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEVENTIS spoke on the Report.

On motion of Senator LEVENTIS, the Report of the Committee of Conference to S. 575 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S.575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.

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:
/   SECTION   1.   Section 12-36-2120(28) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:

"(28)(a)   medicine and prosthetic devices sold by prescription, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;

(b)   hypodermic needles, insulin, alcohol swabs, blood sugar testing strips, monolet lancets, dextrometer supplies, blood glucose meters, and other similar diabetic supplies sold to diabetics under the authorization and direction of a physician;

(c)   disposable medical supplies such as bags, tubing, needles, and syringes, which are dispensed by a licensed pharmacist in accordance with an individual prescription written for the use of a human being by a licensed health care provider, which are used for the intravenous administration of a prescription drug or medicine, and which come into direct contact with the prescription drug or medicine. This exemption applies only to supplies used in the treatment of a patient outside of a hospital, skilled nursing facility, or ambulatory surgical treatment center;

(c)(d)   medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and

(d)(e)   dental prosthetic devices;"

SECTION   2.   A.   Section 12-43-220(f) of the 1976 Code is amended to read:

"(f)   Except as specifically provided by law, all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such the property, except that commercial fishing boats, and commercial tugboats and pilot boats shall must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats used exclusively for commercial fishing, shrimping, or crabbing and (1) licensed by the Department of Natural Resources, or (2) on or from which is used commercial fishing equipment licensed by, the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing. As used in this item,

B.   The change in this section to the definition of "commercial fishing boats" applies for property tax years beginning after 1999. The change in this section adding "commercial tugboats and pilot boats" to the five percent assessment ratio and the definition of "commercial tugboats and pilot boats" is effective for tax years commencing January 1, 1999, and after.

SECTION   3.   A.   1.   Section 12-6-3360(M)(6) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(6)   'Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communication-related, energy-related, or transportation-related services, but the term "processing facility" does not include an establishment where retail sales of tangible personal property or services are made to retail customers that prepares, treats, or converts tangible personal property into finished goods or another form of tangible personal property. The term also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products. It does not include an establishment in which retail sales of tangible personal property are made to retail customers."

2.   Chapter 10, Title 12 of the 1976 Code is amended by adding:

"Section 12-10-82.     At the time the qualifying business enters into a revitalization agreement, it may make, with the approval of council, an irrevocable assignment of future payments attributable to the job development credit made pursuant to this chapter to the designated trustee. For purposes of this chapter, 'designated trustee' means the single financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying business. If a qualifying business elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee."

B.   1.   Section 12-10-20(1) of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:

"(1)   that the economic well-being of the citizens of the State is enhanced by the increased development and growth of industry within the State, and that it is in the best interest interests of the State to induce the location or expansion of manufacturing, processing, services, distribution, warehousing, research and development, corporate offices, technology intensive, and certain tourism facilities projects within the State to promote the public purpose of creating new jobs within the State;"

2.   Section 12-10-30 of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:

"Section 12-10-30.     As used in this chapter:

(1)   'Council' means the Advisory Coordinating Council for Economic Development.

(2)   'Department' means the South Carolina Department of Revenue.

(3)   'Employee' means an employee of the qualifying business who works full time within the enterprise zone.

(4)   'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual. 'Gross wages' means wages subject to withholding.

(5)   'Job development credit' means the amount a qualifying business may claim as a credit against employee withholding pursuant to Sections 12-10-80 and 12-10-81 and a revitalization agreement.

(6)   'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).

(6)(7)   'Qualifying business' means an employer a business that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under pursuant to Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under pursuant to the provisions of this chapter.

(7)(8)   'Project' means an investment for one or more purposes in Section 12-10-80(B) pursuant to this chapter needed for a qualifying business to locate, remain, or expand in an enterprise zone this State and otherwise fulfill the requirements of this chapter.

(8)(9)   Reserved. 'Preliminary revitalization agreement' means the application by the qualifying business for benefits pursuant to Section

(10)   'Revitalization agreement' means an executed agreement entered into between the council and a qualifying business that describes the project and the negotiated terms and conditions for a business to qualify for a job development credit pursuant to Section 12-10-80 or 12-10-81.

(11)   'Qualifying expenditures' means those expenditures that meet the requirements of Section 12-10-80(C) or 12-10-81(D).

(9)(12)   'Withholding' means employee withholding under pursuant to Chapter 9 8 of this title.

(10)(13)   'Technology employee' means an employee whose job qualifies for jobs tax credit pursuant to Section 12-6-3360(M)(14)."

3.   Section 12-10-50 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"Section 12-10-50.   To qualify for the benefits provided in this chapter, a business must be located within this State and satisfy the following criteria must:

(1)   it must be engaged primarily engaged in a business of the type identified in Section 12-6-3360;

(2)   the business shall provide a benefits package, including health care, to full-time employees which includes health care at the project;

(3)   the business shall enter into a revitalization agreement which that is approved by the council and that describes a minimum job requirement and minimum capital investment requirement for the project as provided in Section 12-10-90, except that no a revitalization agreement is not required for a qualifying business with respect to Section 12-10-80(D)(E); and,

(4)   the council shall determine that the have negotiated incentives that council has determined are appropriate for the project, and the council shall certify that:

(a)   the total benefits of the project exceed the costs to the public; and that

(b)   the business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining."

4.   Section 12-10-60 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"Section 12-10-60.   (A)   The council may enter into a revitalization agreement with each qualifying business with respect to the project. The terms and provisions of each revitalization agreement must be determined by negotiations between the council and the qualifying business. The decision to enter into a revitalization agreement with a qualifying business is solely within the discretion of the council and a qualifying business does not have a right of appeal from the council's decision based on the appropriateness of the negotiated incentives to the project and the determination that approval of the project is in the best interests of the State. The revitalization agreement must set a date by which the qualifying business shall have completed the project. Within three months of the completion date, the qualifying business shall document the actual costs of the project in a manner acceptable to the council.

(B)   If a qualifying business that entered into a revitalization agreement before January 1, 1997, receives council approval to amend its revitalization agreement to increase its minimum job requirement, the law in effect on the date of the amendment determines the amount of job development credit a qualifying business may claim pursuant to Section 12-10-80 for additional jobs created after the date of the amendment. This subsection does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act."

5.   Section 12-10-80 of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:

"Section 12-10-80.   (A) A business that qualifies under pursuant to Section 12-10-50 and which has met the minimum job requirement and minimum capital investment provided for in the final revitalization agreement may claim a job development credit credits as determined by this section.

(1)   A business may claim its job development credit credits against its withholding on its quarterly state withholding tax return for the amount of job development credit credits allowable under pursuant to this section. The credit must be claimed on a quarterly basis. In order to claim a job development credit, the business must be current with respect to its withholding tax as well as any other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.

(2)   A business that is current with respect to its withholding tax and other tax due and owing the State and that has maintained its

(3) A qualifying business may receive its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels.

(4)   To be eligible to apply to the council to claim a job development credit, a qualifying business shall create at least ten new, full-time jobs, as defined in Section 12-6-3360(M), at the South Carolina facility project described in the revitalization agreement within five years of the effective date of the agreement.

(5)   A qualifying business is eligible to claim a job development credit under pursuant to the revitalization agreement for not more than fifteen years.

(6)   To the extent any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D)(E), it must be treated as misappropriated employee withholding.

(7)   Except as provided in subsection (E), job development credits may not be claimed for purposes of (B) and (C) this section with regard to any an employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a preliminary revitalization agreement.

(8)   If a qualifying business claims job development credits under pursuant to this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits under pursuant to this section shall file with the council and the department the information and documentation requested by the council or department respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.

(9)   Each qualifying business which claims claiming in excess of ten thousand dollars in any a calendar year shall must furnish an audited report prepared by an independent certified public accountant which that itemizes the sources and uses of the funds. The audited

(10)   Each qualifying business claiming ten thousand dollars or less in any calendar year must furnish a report prepared by the company that itemizes the sources and uses of the funds. This report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown.

(11)   No An employer may not claim an amount that results in any employee ever an employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would receive otherwise receive in the absence of this chapter.

(B)(1)   The maximum job development credit a qualifying business may claim for new employees is determined by limited to the lesser of withholding tax paid to the State on a quarterly basis or the sum of the following amounts:

(1)(a)   two percent of the gross wages of each new employee who earns 6.34 6.74 dollars or more an hour but less than 8.45 8.99 dollars an hour;

(2)(b)   three percent of the gross wages of each new employee who earns 8.45 8.99 dollars or more an hour but less than 10.57 11.23 dollars an hour;

(3)(c) four percent of the gross wages of each new employee who earns 10.57 11.23 dollars or more an hour but less than 15.85 16.85 dollars an hour; and

(4)(d) five percent of the gross wages of each new employee who earns 15.85 16.85 dollars or more an hour.

(2)   The hourly gross wage figures set forth in this section item (1) must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which that may be claimed by a qualifying business is limited by subsection (C)(6) (D) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits under pursuant to subsection (C)(6) (D) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4). The maximum job development credit that can be claimed is limited to the

(C)   To claim a job development credit, the qualifying business must incur qualified expenditures at the above-described facility project or for utility or transportation improvements that serve this facility the project. To be qualified, the expenditures must be incurred:

(1)   incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement;

(2)   according to authorized by the revitalization agreement; and

(3)   used for any of the following purposes:

(a)   training costs and facilities;

(b)   acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;

(c)   improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;

(d)   fixed transportation facilities including highway, rail, water, and air;

(e)   construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;

(f)   employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14);

(g)   financing the costs of a purpose described in items (a) through (f).

The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:

(1)   one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';

(2)   eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'under developed';

(3)   seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or

(4)   fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.

The county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement, except as to additional jobs created pursuant to an amendment to a revitalization agreement entered into before June 1, 1997, as provided in Section 12-10-60. In that case the county designation on the date of the amendment remains in effect for the remaining period of the revitalization agreement as to any additional jobs created after the effective date of the amendment. This item does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this act.

The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.

(D)   Subject to the conditions in this section, a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production and technology employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the appropriate technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the qualifying matching funds of the qualifying business must be paid to the technical college that provides the training to defray the cost of the training program. Training cost in excess of the job development credits for

(E)   Any job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately shall must cease to claim job development credits.

(F)   The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year period described in item (4) of subsection (A) with respect to state withholding taxes pursuant to this section for a business subject to this section.

(G)   For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State.

(G)(H)   Job development credits may not be claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-88(E)."

6.   Section 12-10-81 of the 1976 Code, as added by Act 93 of 1999, is amended to read:

"Section 12-10-81.     (A)   A business may claim a job development credit as determined by this section if the:

(1)   council approves the use of this section for the business;

(2)   business qualifies pursuant to Section 12-10-50; and

(3)   business is a tire manufacturer which that has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and which that commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred fifty million dollars and create an additional three hundred fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section.

(B)(1)   A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable pursuant to this section for not more than fifteen years. Job

(2)   A business that is current with respect to its withholding tax as well as any other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the quarter subsequent to the council's certification to the department that the minimum employment and capital investment levels have been met for the entire quarter.

(3)   To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs as defined in Section 12-6-3360(M) at the South Carolina facility or facilities project or projects described in the revitalization agreement.

(3)(4)   To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.

(5)   Job development credits may not be claimed for purposes of this section with regard to an employee whose job was created in this State before the taxable year the qualifying business enters into a preliminary revitalization agreement.

(4)(6)   If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file with the council and the department the information and documentation they request respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.

(7) Each qualifying business must furnish an audited report prepared by an independent certified public accountant which that itemizes the

(8)   An employer may not claim an amount that results in an employee employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.

(C)(1)   The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:

(a)   two percent of the gross wages of each new employee who earns $6.34 $6.74 or more an hour but less than $8.45 $8.99 an hour;

(b)   three percent of the gross wages of each new employee who earns $8.45 $8.99 or more an hour but less than $10.57 $11.23 an hour;

(c)   four percent of the gross wages of each new employee who earns $10.57 $11.23 or more an hour but less than $15.85 $16.85 an hour;

(d)   five percent of the gross wages of each new employee who earns $15.85 $16.85 or more an hour; and

(e)   the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.

(2)   The hourly gross base wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which that may be claimed by a qualifying business is limited by subsection (E) and the negotiated terms of the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.

(D)   To claim a job development credit, the qualifying business must incur expenditures at the facility project or for utility or transportation improvements that serve the facility project. To be qualified, the expenditures must be:

(1)   incurred during the term of the revitalization agreement, including a preliminary revitalization agreement, or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement council's receipt of an application for benefits pursuant to this section;

(2)   authorized by the revitalization agreement,; and

(3)   used to reimburse the business for:

(1)(a)   training costs and facilities;

(2)(b)   acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;

(3)(c)   improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;

(4)(d)   fixed transportation facilities including highway, rail, water, and air; or

(5)(e)   construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.

(E)(1)   For purposes of subsection (C)(1)(a) through (d), the amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:

(a)   one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';

(b)   eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';

(c)   seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or

(d)   fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.

(2)   For purposes of this subsection, the county designation of the county in which the project is located at the time the qualifying

(3)   The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.

(F)   A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.

(F)(G)   The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under pursuant to this section for a business subject to this section.

(H)   For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State."     7.   Section 12-10-100(C) of the 1976 Code, as added by Act 25 of 1995, is amended to read:

"(C)   By March first May fifteenth of each year, the council shall prepare a public document that itemizes each revitalization agreement concluded during the prior previous calendar year. The report shall must list each revitalization agreement, the results of each cost/benefits analysis, and receipts and expenditures of application fees. This document must be forwarded to the State Budget and Control Board, Senate Finance Committee, and House Ways and Means Committee. This document may not contain any proprietary or confidential information that is otherwise exempt under pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and nothing in this section must not be construed to require the release of such that exempt information."

8.   Section 12-36-2120(17) of the 1976 Code, as last amended by Act 346 of 1996, is further amended to read:

"(17)   machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which (a) are necessary to the operation of the machines and are customarily so used, or (b) are necessary to comply

Fiscal Year of Sale           Percentage

Fiscal year 1997-98         fifty percent

After June 30, 1998         one hundred percent;"

C.1.   Section 12-36-2120(51) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:

"(51)   material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used in the operation of a distribution facility or a manufacturing facility and either used or not used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility of it. In order To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the thirty-five million dollar investment requirement or, after the expiration of the five years, that it has not met the thirty-five million dollar investment requirement. The department may assess any tax due on material handling systems and material handling equipment purchased tax-free pursuant to this item but due the State as a result of the taxpayer's failure to meet the thirty-five million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the thirty-five million dollar investment requirement."

2.   Section 12-36-2680 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"Section 12-36-2680.   The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder, or the retailer may keep on file a copy of the certificate on file. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, and state that the items are to be used for exempt purposes. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser purchaser's."

D.1.   Section 12-2-75 of the 1976 Code, as last amended by Act 114 of 1997, is further amended to read:

"Section 12-2-75.   (A) Returns filed by taxpayers with the department must be signed by the following:

(1)   corporate returns by an authorized officer of the corporation;

(2)   partnership returns by a its manager or an authorized general partner of the partnership;

(3)   trust and estate returns by the trustee, personal representative, executor, or administrator, whichever is applicable;

(4)(a)   except as provided in subsections subitems (b) and (c), individual returns must be signed by the individual;

(b)   deceased individual returns for individuals who would have been required to file a state tax return while living by the personal representative, administrator, or executor of the decedent's estate and the tax must be levied upon and collected from the estate;

(c)   if an individual is unable to make a return or payment, including an estimated tax payment, it must be made by an authorized agent, a guardian, or other person charged with the conduct of the business of the taxpayer;

(5)   returns for any other person by an authorized officer or owner.

(B)   In the instructions to a return, or otherwise, the department may authorize taxpayers to sign returns by other means, including electronically, and may authorize the signature to be filed or deposited with and be kept or forwarded by a third party."

2.   Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Section 12-4-780.   The department may accept, on terms and conditions it establishes, payments to it by credit cards. This authority includes a determination not to accept credit card payments or to accept credit card payments only for certain classes of payments as specified

3.   Section 12-6-4910(1)(a) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(a)   an individual not listed in subitem (c) whose federal filing status is single, surviving spouse, or head of household who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)(A), without regard to a reduction for the retirement income deduction, and whose filing status is:

(i)     single, surviving spouse, or head of household; or

(ii)   married, filing separately, and whose spouse does not itemize deductions."

4.   Section 12-8-550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"Section 12-8-550.   (A)   A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This item section does not apply to a nonresident which registered with the Secretary of State or the Department of Revenue and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability nor must this act of registering be construed to does it require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.

(B)   The department may revoke the exemption granted by registering with the Secretary of State or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation.

(C)   This section does not apply to payments on purchase orders for tangible personal property when those payments are not accompanied by services to be performed in this State."

5.   Section 12-8-580(B)(2) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(2)   A sale does not include tax exempt or tax deferred transactions, other than installment sales. The sale of a principal residence is considered a deferred transaction which is not subject to withholding if the following conditions are met:

(a) the seller reinvests the proceeds into a new principal residence pursuant to Internal Revenue Code Section 1034 or elects the one time exclusion pursuant to Internal Revenue Code Section 121; and

(b) the buyer obtains an affidavit described in subsection (E) which states that:

(i)     the sale is not subject to tax because Internal Revenue Code Section 1034 or 121 applies;

(ii)   the seller acknowledges his obligation to file a South Carolina income tax return for the year of the sale; and

(iii)   the seller acknowledges his obligation to file an amended South Carolina income tax return for the year of the sale if the seller fails to comply with Internal Revenue Code Section 1034."

6.   Section 12-10-35(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"(A)   If a qualifying business creates at least one hundred new full-time jobs, as defined and determined in Section 12-6-3360, in a county (1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years based on the two most recent calendar years of data available on November 1 of the preceding year, or (2) which is one of the three lowest per capita income counties based on the average of the three most recent years of average per capita income data, and at least ninety percent of the investment of the qualifying business in this State is in that county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the

E.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-5095.   For purposes of a return filed pursuant to this chapter, all amounts may be rounded by the department or the taxpayer to the nearest whole dollar. An amount of fifty cents or more may be rounded to the next dollar. An amount of less than fifty cents may be eliminated."

F.   Section 12-36-550 of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"Section 12-36-550.   The license provided for in this article:

(1)   is valid so long as the person to whom it is issued continues in the same business, unless revoked by the commission department. It is presumed that a retailer is not continuing in the same business and must surrender the retail sales license if the retailer has no retail sales for twenty-four consecutive months. To allow the license to remain valid, the retailer may submit an affidavit to the department swearing that the business is continuing;

(2)   must at all times be conspicuously displayed at the place for which it was issued;

(3)   is not transferable or assignable."

G.     Section 12-36-2670 of the 1976 Code, as added by Act 361 of 1992, is amended to read:

"Section 12-36-2670.   The commissioners director or their designees his designee may administer an oath to a person or take the acknowledgement of a person with respect to a return or report required by this title or the regulations of the commission department."

H.   Section 12-36-2120(40), (41), and (42) of the 1976 Code are amended to read:

"(40)   containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41) items sold by organizations exempt under Section 12-37-220A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are

(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.;"

I.   Section 12-44-160 of the 1976 Code, as added by Act 149 of 1997, is amended to read:

"Section 12-44-160.   This chapter must be construed liberally in accordance with the findings in Section 12-44-20 with due regard to the paramount importance of the county council approvals required throughout this chapter. If the General Assembly adopts enabling legislation, property that would be exempt under this chapter but is held not to be exempt because of the unconstitutionality or illegality of this chapter, or any portion of it, is exempt from property tax under Section 4-29-67 or Chapter 12 of this title if the project and county approval would have met the requirements for exemption under them, except that fees in lieu of taxes must have been, and must continue to be, made in the amounts required by Section 4-29-67 or Chapter 12 of this title. If all or part of this chapter is determined to be unconstitutional or otherwise illegal by a court of competent jurisdiction, a sponsor has one hundred eighty days from the date of the determination to transfer title to economic development property to the county and have it qualify for a fee in lieu of taxes pursuant to Chapter 12 of Title 4 or Section 4-29-67."

J.   1.   Section 12-54-25(C) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:

"(C)(1)   Any tax refunded or credited must include interest on the amount of the credit or refund from the later latest of either the date the tax was paid, or the original due date of the return, or the last day prescribed for paying the tax if no return is required, to either the date the refund was sent or delivered to the taxpayer or the date the credit was made.

(2)   This interest must be paid by drawing upon funds from the type of tax being refunded or credited. The funds withdrawn may be expended by the department in the payment of interest on refunds.

(3)   Interest on an overpayment is not allowed pursuant to this subsection on an overpayment if it is refunded:

(a)   within seventy-five days after the last day prescribed for filing the tax return, without regard to an extension of time for filing, or within seventy-five days after the last day prescribed for paying the tax if no return is required;

(b)   within seventy-five days after the return is filed, in the case of a return filed after the last date; or

(c)   within seventy-five days after the taxpayer files a claim for a credit or refund for the overpayment of tax for the period between the filing of the claim to the payment of the refund."

2.   Section 12-54-43(C) of the 1976 Code, as added by Act 114 of 1999, is amended to read:

"(C)(1)   In the case of failure to file a return on or before the date prescribed by law, determined with regard to any extension of time for filing, there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding twenty-five percent in the aggregate.

(2)   In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return, determined with regard to any extension of time for filing, the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return, except in those cases in which the tax owed is one hundred dollars or less.

(3)   For the purpose of this subsection, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return."

3.   Section 12-54-100 of the 1976 Code is amended to read:

"Section 12-54-100.   (A)   In the administration of a state tax law, the Commission or its director or his duly authorized agent, may for the purpose of ascertaining the correctness of any a return, or making a determination of the or fixing tax liability, or inspection of licenses, may examine the or investigate the place of business, tangible personal property, facilities, computers, computer programs, electronic data, books, invoices, papers, records, memoranda, vouchers, other documents, equipment, or licenses of the taxpayer or other person bearing upon the matters required to be included on any a return.

(B)   The taxpayer or other person and his agents and employees shall exhibit to the director these places and items and facilitate the examination or investigation.

(C)   A taxpayer, upon request, may delay the examination up to thirty days., except that the provisions of this section subsection do not apply if there is reasonable evidence that the taxpayer is about to destroy or remove the books, papers, records, or memoranda items from the State or otherwise make them unavailable for examination or inspection investigation.

(D)   The director may employ proper and reasonable audit methods necessary to the examination or investigation, including the use of sampling."

K.   Section 12-54-227(B) of the 1976 Code, as added by Act 50 of 1991, is amended to read:

"(B)(1)     Fees for services, reimbursements, or other remuneration to the collection agency must be based on the amount of tax, penalty, and interest actually collected. Each contract entered into between the commission department and the collection agency must provide for the payment of fees for these services, reimbursements, or other remuneration not in excess of fifty percent of the total amount of delinquent taxes, penalties, and interest actually collected.

(2)   All funds collected, less the fees for collection services as provided in the contract, must be remitted to the commission department within forty-five days from the date of collection from a taxpayer. The department may refund the fees for collection services to the collection agency, if all funds collected are remitted gross of fees. Forms to be used for these remittances must be prescribed by the commission department."

L.   Section 12-54-240(B) of the 1976 Code is amended by adding at the end:

"(21)   disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;

(22)   disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act."

M.   1.   Section 12-60-3370 of the 1976 Code, as added by Act 60 of 1995, is amended to read:

"Section 12-60-3370.   Except as otherwise provided below, a taxpayer shall pay, or post a bond for, all taxes, including interest, penalties, and other amounts not including penalties or civil fines, determined to be due by the Administrative Law Judge or DMV hearing officer before appealing the decision to the circuit court. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only pay the amount assessed under pursuant to the appropriate section."

2.   Section 12-60-20 of the 1976 Code, as added by Act 60 of 1995, is amended to read:

"Section 12-60-20.   It is the intent of the General Assembly to provide the people of this State with a straightforward procedure to determine any disputed revenue liability dispute with the Department of Revenue. The South Carolina Revenue Procedures Act must be interpreted and construed in accordance with, and in furtherance of, that intent."

3.   Section 12-60-50(27) of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:

"(27)   'Tax' or 'taxes' means all taxes, licenses, permits, fees, or other amounts, including interest, and penalties regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department, including property subject to collection pursuant to Chapter 18 of Title 27."

N.   1.   Section 26-5-20 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:

"(5)   facilitate and promote interstate and international use of electronic commerce and online government."

2.   Article 3, Chapter 5 of Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:

"Section 26-5-370.     Electronic signatures or records from other jurisdictions having commensurate requirements as provided for in this chapter and which also grant reciprocal recognition to electronic signatures or records from this State must be afforded the same status, effect, validity, and enforceability as those recognized under this chapter."

3.   Chapter 5, Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:

Section 26-5-710.   The Computer Crime Act, as contained in Chapter 16 of Title 16, is expressly made applicable to and incorporated in Chapter 5 of Title 26."

O.     Section 12-4-755 of the 1976 Code is repealed.

P.   1.   Section 12-28-1910(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"(A)   The department or its appointees including federal government employees or persons operating under contract with the State, upon presenting appropriate credentials, may conduct inspections and remove samples of fuel from a vehicle, tank, or another container to determine coloration of diesel fuel or to identify shipping paper violations at any place where taxable fuel is or may be produced, stored, or loaded into transport vehicles. Inspection must be performed in a reasonable manner consistent with the circumstances. However, prior notice is not required. Inspectors physically may inspect, examine, or otherwise search a tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel. Inspection may be made of equipment used for, or in connection with, the production, storage, or transportation of fuel. Inspectors may demand to be produced for immediate inspection the shipping papers, documents, and records required to be kept by a person transporting fuel. These places may include, but are not limited to, a:

(1)   terminal;

(2)   fuel storage facility that is not a terminal;

(3)   retail fuel facility;

(4)   highway rest stops; or

(5)   designated inspection site defined as any state highway or waterway inspection station, weigh station, agricultural inspection station, mobil mobile station, or other location designated by the department either fixed or mobile."

2.   Chapter 28, Title 12 of the 1976 Code is amended by adding:

"Section 12-28-2940.   Acquisitions by the Department of Transportation under the 'C' Fund program are exempt from the requirements of all appraisal provisions of Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920,

3.   Chapters 27 and 29 of Title 12 of the 1976 Code are repealed.

Q.   1.   Section 12-37-220(B)(1) and (2) of the 1976 Code, as last amended by Act 107 of 1997, is further amended to read:

"(1)(a)   The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by any a veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran or qualifying surviving spouse files a certificate, signed by the county service officer, of the total and permanent disability with the State Department of Revenue. The exemption is allowed the surviving spouse of the veteran and also is also allowed to the surviving spouse of a serviceman or law enforcement officer as defined in Section 23-6-400(D)(1) killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but no a subsequent dwelling of a surviving spouse is not eligible for exemption under pursuant to this item. The spouse shall inform the Department of Revenue of the change in address of the dwelling. The dwelling house is defined as a person's legal residence. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption.

(b)   When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitem (a).

(2)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his a or her spouse, by a paraplegic or hemiplegic person, or in trust for his or her benefit, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of

(b)   When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt pursuant to subitem (a)."

2.   Section 12-37-930(34) of the 1976 Code, as added by Act 93 of 1999, is amended to read:

"(34)   Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems Use of Clean Rooms ............... 10%

Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and wastewater recycling systems; and safety alarm and monitoring systems. A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment

3.   Sections 12-43-280 and 12-43-290 of the 1976 Code are repealed.

R.   1.   Section 4-12-30(B)(4)(b) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:

"(b)(i)   The members of the same controlled group of corporations can may qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements each member invests the minimum level of investment as specified in subsection (B)(3). The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time periods provided in subsections (C)(1) and (C)(2) qualify for the payment whether or not the member was part of the inducement agreement. However, in order To qualify for the fee, the other members of the controlled group must be approved specifically approved by the county and must agree to be bound by agreements with the county relating to the fee, but except that the controlled group members need are not be bound by agreements, or portions of agreements, to the extent the agreements do not affect the county. Except as otherwise provided in subsection (B)(2), the investments under pursuant to this subsection (B)(4)(b) must be within the same county or industrial park. Any controlled group member which is claiming the fee shall invest at least five million dollars in the county or industrial park.

(ii)   The department must be notified in writing of all members which have investments subject to the fee before or within ninety days after the end of the calendar year during which the project or phase of the project was first placed in service. The department may extend this period upon written request. Failure to meet this notice requirement does not adversely affect the fee adversely, but a penalty may be assessed by the department for late notification in the amount of ten thousand dollars a month or portion of a month, but not to exceed fifty thousand dollars. Members of the controlled group shall provide the information considered necessary by the department to ensure that the investors are part of a controlled group.

(iii)   If at any time the controlled group, or any a former member which has left the controlled group, no longer has the minimum five million dollars of investment minimum level of investment as provided in subsection (B)(3), without regard to depreciation, that group or former member no longer holding the minimum amount of investment

(iv)   For purposes of this section, 'controlled group' or 'controlled group of corporations' has the meaning provided under in Section 1563(a) of the Internal Revenue Code, as defined in Chapter 6 of Title 12 as of the date of the execution of the inducement agreement, without regard to amendments or replacements thereof, of it and without regard to subsections (a)(4) and (b) of Section 1563."

2.   Section 4-12-30(O) of the 1976 Code, as added by Act 125 of 1995, is amended to read:

"(O)   Notwithstanding any other provision of this section, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the five-million-dollar-minimum investment to which the fee relates minimum level of investment provided in subsection (B)(3) at any time following the period provided in subsection (C)(2), the fee provided in subsection (D)(2) is no longer available and the investor is required to must make the payments which are due under pursuant to Section 4-12-20 for the remainder of the lease period."

3.   Section 12-44-130(A) of the 1976 Code, as added by Act 149 of 1997, is amended to read:

"(A)   To be eligible for the fee, a sponsor affiliate must invest five million dollars the minimum investment as defined in Section 12-44-30(14). The county and the members who are part of the fee agreement may agree that investments by other members of the controlled group within the investment period qualify for the payment regardless of whether the member was part of the fee agreement, except that the new sponsor affiliate must invest at least five million dollars the minimum investment in the project. To qualify for the exemption, the other members of the controlled group must be approved specifically by the county and must agree to be bound by agreements with the county relating to the exemption. These controlled group members need are not be bound by agreements, or portions of agreements, which do not affect the county."

S.   Chapter 10 of Title 4 of the 1976 Code, is amended by adding:

"Section 4-10-67.   Local option use tax collected by the department in conjunction with the filing of individual income tax returns must be deposited to a local option supplemental revenue fund and distributed in accordance with Section 4-10-60 to those counties generating less than their minimum distribution."

T.   1.   Section 12-37-2810(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:

"(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 and farm vehicles using FM tags as allowed by the Department of Motor Vehicles. A motor 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."

2.   Section 12-37-2840 of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:

"Section 12-37-2840.   (A)   Motor carriers must file an annual property tax return with the Department of Revenue no later than June 30 for the preceding calendar year and remit one-half of the tax due 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 the motor carrier fails to pay either one-half of the tax due or the entire tax due as of June 30, the department must issue a proposed assessment for the entire tax to the motor carrier. The tax as shown in the proposed assessment must be paid in full by cashier's check, money order, or cash within thirty days of the issuance of the proposed assessment, or the taxpayer may appeal the proposed assessment within thirty days using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.

(B)(1)   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 of that year. If the motor carrier fails to remit the remaining tax due pursuant to this section, the department shall issue a proposed assessment 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 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.

(2)   The tax shown in the proposed assessment must be paid in full by cashier's check, money order, or cash or appealed within thirty days of the issuance of the proposed assessment. The taxpayer may appeal the proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.

(C)   If a motor carrier fails to timely file the return as required by this section, the department shall issue a proposed assessment which assumes all mileage of the motor carrier's fleet was driven within this State. A taxpayer may appeal this proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.

(D)   A twenty-five percent penalty must be added to the property tax due if the motor carrier fails to file a return or pay any tax due, including the one-half of the tax due on June 30, as required by this section. The penalty must be applied the day after the date that the return was due to be filed or the tax was due to be paid. This penalty is instead of all other penalties and interest required by law, except those provided in Section 12-54-44.

(E)   If the motor carrier fails to remit the tax due within thirty days of receipt of the proposed assessment and the taxpayer fails to appeal the proposed assessment as provided in subsection (B), the department shall assess the tax. Tax due pursuant to this section is subject to the collection procedures provided in Chapter 54, of this title, except that the penalty provisions of Section 12-54-43 do not apply."

3.   Chapter 37 of Title 12 of the 1976 Code, is amended by adding:

"Section 12-37-2842.   (A)   The Department of Motor Vehicles, at the time of first registration by a motor carrier as defined in this article, shall notify the registrant of the Department of Revenue's registration and filing requirements and supply the required registration forms.

(B)   The motor carrier must register with the Department of Revenue within thirty days following the year in which the vehicle or bus was first registered for operation in South Carolina.

(C)   A motor carrier must notify the Department of Revenue, on forms supplied by the department, of a motor vehicle or bus that is disposed of before December 31."

4.   Section 12-37-2845 of the 1976 Code is repealed.

U.   1.   Section 12-54-85(B) and (C) of the 1976 Code, as last amended by Act 86 of 1997, is further amended to read:

"(B)   Except as otherwise provided in this section,:

(1)   if the a tax, except for a penalty described in item (2), is not required to be remitted with a return or document, the amount of taxes must be determined and assessed within thirty-six months after the later of the date the tax was due or the first date on which any part of the tax was paid; and

(2)   a penalty that is not associated with the assessment of a tax must be determined and assessed within thirty-six months after the date of the violation giving rise to the penalty.

(C)   Taxes may be determined and assessed after the thirty-six month limitation if:

(1)   in the case of income, estate and generation skipping transfer taxes, the taxes are assessed within one hundred eighty days of receiving notice from the Internal Revenue Service of a final determination of a tax adjustment made by the Internal Revenue Service;

(2)(1)   there is fraudulent intent to evade the taxes;

(3)(2)   the taxpayer failed to file a return or document as required by law;

(4)(3)   there is a twenty percent understatement of the total taxes required to be shown on the return or document. The taxes in this case may be assessed at any time within seventy-two months from the date the return or document was filed or due to be filed, whichever is later;

(5)(4)   the person liable for any taxes consents in writing, before the expiration of the time prescribed in this section for assessing taxes due, to the assessment of the taxes after the time prescribed by this section."

2.   Section 12-54-85(D) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(D)(1)   A corporation shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made within ninety days after a final determination is received from the Internal Revenue Service. Notification of adjustments made by the Internal Revenue Service must be made under separate cover from a return filed or due to be filed with the department.

Notwithstanding any restrictions on filing a claim for refund provided in subsection (F) below, a corporation may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service within ninety days from the date the Internal Revenue Service changes the taxable income. Taxes due to

(a)   except as provided in item (b), in the case of income, estate, and generation skipping transfer taxes, the taxes are assessed before one hundred eighty days after the department receives notice from the taxpayer of a final determination of a tax adjustment made by the Internal Revenue Service; or

(b)   in the case of individual income tax returns described in subitem (4)(c) below, the taxes are assessed before one hundred eighty days after the department receives notice of the tax adjustment from the Internal Revenue Service or the taxpayer, whichever occurs first.

(2)   A person, including a pass-through entity, who conducts a trade or business, other than a trade or business of being an employee, shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made before one hundred eighty days after a final determination of a tax adjustment is made by the Internal Revenue Service.

(3)   Notwithstanding a restriction on filing a claim for refund provided in subsection (F), a person may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service, if the claim for refund is filed no later than one hundred eighty days after the date a final determination of a tax adjustment is made by the Internal Revenue Service. The refund described in this subsection applies only to the overpayment of taxes resulting from adjustments of the Internal Revenue Service.

(4)   For the purposes of this subsection (D):

(a)   the date the Internal Revenue Service makes a final determination of a tax adjustment is the federal assessment date;

(b)   underpayments and overpayments resulting from adjustments of the Internal Revenue Service include both the year for which the adjustments were made and other tax years affected by the adjustments; and

(c)   the individual income tax returns referred to in subitem (D)(1)(b) are those individual income tax returns that do not include income, deductions, or credits from a trade or business, other than the trade or business of being an employee."

V.   Section 56-3-240 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier."

W.   1.   Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-420.   Notwithstanding another provision of law, a committee composed of the county auditor, county treasurer, and county assessor may waive, dismiss, or reduce a penalty levied against real or personal property in the case of an error by the county."

2.   Section 12-43-217 of the 1976 Code is amended by adding:

"(C)   Postponement of the implementation of revised values pursuant to subsection (B) shall also postpone any requirement for submission of a reassessment program for approval by the Department of Revenue."

3.   This subsection takes effect upon approval by the Governor.

X.   1.   Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-78.   If a homestead exemption is granted pursuant to Section 12-37-250 or a residential classification is made pursuant to Section 12-43-220(c) after payment of the property tax for that year, a resulting overpayment must be refunded to the owner of record at the time the exemption is granted or the classification is made."

2.   Section 12-37-610 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:

"Section 12-37-610.   Every Each person is liable to pay taxes and assessments on the real estate which property that, as of December thirty-first of the year preceding the tax year, he owns in fee, for life, or as trustee, as recorded in the public records for deeds of the county in which the property is located, or on the real property that, as of December thirty-first of the year preceding the tax year, he has care of as guardian, executor, or committee or may have the care of as guardian, executor, trustee, or committee."

3.   Section 12-51-40 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:

"Section 12-51-40.   After the county treasurer issues his execution against a defaulting taxpayer in his jurisdiction, as provided in Section 12-45-180, signed by him or his agent in his official capacity, directed to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, requiring him to levy the execution by distress and sale of so much of the defaulting taxpayer's estate, real or personal, or both, as may be sufficient or property transferred by the defaulting taxpayer, the value of which generated all or part of the tax, to satisfy

(a)   On April first or as soon thereafter after that as practicable, mail a notice of delinquent property taxes, penalties, assessments, and costs to the current owner defaulting taxpayer and to a grantee of record at of the property, whose value generated all or part of the tax. The notice must be mailed to the best address available, which is either the address shown on the deed conveying the property to him, the property address, or such other corrected or forwarding address that the current owner of record has filed with the appropriate tax authority, of which corrected or forwarding address the officer authorized to collect delinquent taxes, assessments, penalties, and costs has actual knowledge, or to a known grantee of the delinquent taxpayer of the property on which the delinquency exists of which the officer authorized to collect delinquent taxes, penalties, and costs has actual knowledge. The notice must specify that if the taxes, penalties, assessments, and costs are not paid, the property must be advertised and sold to satisfy the delinquency.

(b)   If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the current owner of record's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the current owner defaulting taxpayer and any grantee of record of the property at the address shown on the tax receipt or to an address of which the officer has actual knowledge, by 'certified mail, return receipt requested-restricted delivery' pursuant to the United States Postal Service 'Domestic Mail Manual Section S912'. If the addressee is an entity instead of an individual, the notice must be mailed to its last known post office address by certified mail, return receipt requested, as described in Section S912. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to an address of which the officer has actual knowledge. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'.

(c)   In the event If the 'certified mail' notice has been returned, take exclusive physical possession of the property against which the taxes, assessments, penalties, and costs were assessed by posting a notice at one or more conspicuous places on the premises, in the case of real estate, reading: 'Seized by person officially charged with the collection of delinquent taxes of (name of political subdivision) to be sold for delinquent taxes', the posting of the notice is equivalent to levying by distress, seizing, and taking exclusive possession thereof of it, or by taking exclusive possession of personalty. In the case of personal property, the person officially charged with the collection of delinquent taxes is not required to move the personal property from where situated at the time of seizure and further, the personal property may not be moved after seized by anyone under penalty of conversion unless delinquent taxes, assessments, penalties, and costs have been paid. Mobile homes are considered to be personal property for the purposes of this section unless the owner gives written notice to the auditor of the mobile home's annexation to the land on which it is situated.

(d)   The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It shall must include the delinquent taxpayer's name and the description of the property, a reference to the county auditor's map-block-parcel number being sufficient for a description of realty. The advertising must be published once a week prior to before the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expense expenses of the levy, seizure, and sale must be added and collected as additional costs, and shall must include, but not be limited to, the expense expenses of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor shall may ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In such those cases, the officer shall may partition the property and furnish a legal description of it.

(e) As an alternative, upon approval by the county governing body, a county may use the procedures provided in Chapter 56, Title 12 as the initial step in the collection of delinquent taxes on real and personal property.

(f)   For the purpose of enforcing payment and collection of property taxes when the true owner is unknown because of the death of the owner of record and the absence of probate administration of the decedent's estate, the property must be advertised and sold in the name of the deceased owner of record."

4.   Section 12-51-50 of the 1976 Code, as last amended by Act 146 of 1997, is further amended to read:

"Section 12-51-50.   The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. In case If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may not be sold."

5.   Section 12-51-55 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:

"Section 12-51-55.   The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid property taxes, penalties, and costs including taxes levied for the year in which the redemption period begins. If The Forfeited Land Commission determines real property on which delinquent taxes are due may be contaminated, the commission must annually notify the delinquent tax collector in writing before ordering a tax sale. A bid is not required on behalf of the forfeited land commission on this property is not required to bid on property known or reasonably suspected to be contaminated. If the contamination becomes known after the bid or while the commission holds the title, the title is voidable at the election of the commission. If the property is not redeemed, the excess above the amount of taxes, penalties, and costs for the year in which the property was sold must first be applied first to the taxes becoming due during the redemption period."

6.   Section 12-51-60 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:

"Section 12-51-60.   The successful bidder at the delinquent tax sale shall pay legal tender as provided in Section 12-51-50 to the person officially charged with the collection of delinquent taxes in the full

7.   Section 12-51-120 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:

"Section 12-51-120.   Neither more than forty-five days nor less than twenty days prior to before the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-restricted delivery' to the owner of record immediately preceding the end of the redemption period at as provided in Section 12-51-40(b) to the defaulting taxpayer and to a grantee, mortgagee, or lessee of the property of record in the appropriate public records of the county. The notice must be mailed to the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs, and interest at the applicable rate on the bid price in the total amount of _____ dollars on or before _____ (twelve months from date of sale) (date) __________, a tax title will must be delivered to the successful purchaser at the tax sale. Under Pursuant to this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."

8.   Section 12-51-130 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:

"Section 12-51-130.   Upon failure of the defaulting taxpayer, any a grantee from the owner, or any mortgage a mortgagee, or a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, shall within thirty days or as soon thereafter after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, (or assignee), in possession'. The tax title shall must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of the execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, (or assignee), is responsible in the amount of fifteen dollars for the cost of the tax title plus any documentary stamps necessary to be affixed and recording fees. The successful purchaser, (or assignee), shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. In case If the tax sale of an item produced an overage in more cash above than the full amount due in taxes, assessments, penalties, and costs, the overage shall belong belongs to the defaulting taxpayer owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Prior to Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."

9.   Article 3, Chapter 49, Title 12 of the 1976 Code is repealed.

10.   This subsection takes effect January 1, 2001.

Y.1.   Section 12-6-3510 of the 1976 Code, as added by Act 385 of 1998, is amended to read:

"Section 12-6-3510.   (A)   There is allowed as a nonrefundable A taxpayer may claim a credit against any tax imposed pursuant to this chapter of an amount equal to thirty-three percent, but not more than fifteen thousand dollars, of a the taxpayer's cash investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed fifteen thousand dollars. Any unused credit may be carried forward to five fifteen succeeding taxable years. For an investment made after the effective date of this section, the credit is allowed for a taxable year after December 31, 1998, beginning in the calendar year the project is registered as a qualified South Carolina motion picture project.

(B)   In addition to the credit provided in subsection (A), a nonrefundable credit is allowed against any taxes imposed pursuant to this chapter A taxpayer may claim a 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 or post-production facility in this State in which the taxpayer purchases an ownership interest with the taxpayer's investment. No credit is allowed unless the total amount invested in the motion picture production facility has been expended directly in this State and is not less than two million dollars, exclusive of land costs, or the total amount invested in a post-production facility has been expended directly in this State and is not less than one million dollars, exclusive of land costs. Documentation sufficient to provide confirmation of this threshold must accompany the application for the credit. Any unused credit may be carried forward to five fifteen succeeding taxable years. The total amount of credit, which may be claimed by all taxpayers with respect to the construction, or conversion, or equipping, or any combination of these activities, of a single motion picture production facility or post-production facility may not exceed five million dollars. A taxpayer may claim the credit allowed by this section only one time in connection with a single motion picture production facility and one time in a single post-production facility.

(C)   Credits allowed under this section are allocated to partners, limited liability company members, and subchapter "S" corporation

(D)   Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.

(E)   All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).

(F)   As used in this section:

(1)   'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or the fair market value of real property with any improvements thereon, or any combination of these. To qualify as 'investment', cash must have been expended for services performed in this State, for tangible personal property dedicated to first use in this State, or for real property in this State. Investments in the form of real property must be real property located in this State on which facilities are located and can include the fair market value of a long-term lease of real property minus the fair market value of any consideration paid for the lease.

(2)   'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.

(3)   'Motion picture production facility' means a site in this State that contains soundstages designed for the express purpose of film and television production for both theatrical and video release. Production includes, but is not limited to, motion pictures, made-for-television movies, and episodic television to a national audience. The motion picture production facility site must include production offices, construction shops/mills, prop and costume shops, storage area, parking for production vehicles, all of which complement the production needs

(4)(3)   'Motion picture project' means a product intended for commercial exploitation that incurs at least one million dollars of costs directly in this State to produce a master negative motion picture for theatrical or television exhibition in the United States and in which at least twenty percent of total filming days of principal photography, but not fewer than ten filming days, is filmed in this State.

(4)   'Post-production facility' means a site in this State designated for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including the creation of visual effects, editing, and sound mixing. A post-production facility site is not required to contain a soundstage or be physically located at or near soundstages.

(5)   'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation to the Department of Revenue, certifying that an amount equal to at least fifty percent of the total amount invested by all South Carolina investors in a single motion picture project, multiplied by five, has been expended directly in this State and that at least twenty percent of the total filming days of principal photography but not less than ten filming days, is filmed in this State. Before registration, all documentation of a motion picture project required to meet the credit requirements, must be received by the department.

(6)(a)   In subsection (A) 'taxpayer' means the investor who invests in a qualified motion picture project.

(b)   In subsection (B) 'taxpayer' means the investor who invests in the company that constructs, converts, or equips a 'qualified South Carolina motion picture production facility'.

(c)   'Taxpayer', with respect to a motion picture equity fund created for the sole, expressed purpose of facilitating a slate of 'qualified South Carolina motion picture projects', means the investors,

2.   This subsection takes effect upon approval by the Governor and may be claimed by a taxpayer for tax years beginning after December 31, 1999, for qualifying motion picture projects and South Carolina motion picture production facilities if the taxpayer has not claimed the credit for these projects or facilities under the previous law. Section 12-6-3510 of the 1976 Code, as amended by this subsection is repealed effective for taxable years beginning after June 30, 2005, but this repeal does not affect credits previously earned.

Z.   This section takes effect upon approval by the Governor, or as otherwise stated, except that subsection C. applies to sales occurring after the date of approval by the Governor; subsection D. applies to taxable years beginning after December 31, 2000; subsection E. applies to returns filed after December 31, 1999; subsection J.1. applies to taxable periods ending after December 31, 1999; subsection J.2. applies to tax returns due after October 31, 2000, and does not affect an action or proceeding commenced or a right accrued before October 1, 2000; and subsection R. applies to inducement agreements entered into after December 31, 2000.

SECTION   4.   A.   Section 12-6-1120(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:

"(3)   Reserved The exclusion permitted by Internal Revenue Code Section 1031 is not permitted for the sale or exchange of real estate located in this State unless the real estate received in the exchange is located in this State."

B.   Section 12-6-1180 of the 1976 Code is repealed.

SECTION   5.   This act takes effect upon approval by the Governor. /

Amend further by striking the title all above the enacting clause and inserting:
/ TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION

/s/Sen. Warren K. Giese           Rep. William D. Smith
/s/Sen. Ernest L. Passailaigue    /s/Rep. Alfred B. Robinson, Jr.
/s/Sen. Phil P. Leventis          /s/Rep. J. Roland Smith
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Under the provisions of Rule 43, Senator PASSAILAIGUE gave notice of a motion to suspend all or a portion of the provisions of Rule 22 and Rule 37.

H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator GREGORY spoke on the Report.

On motion of Senator GREGORY, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators GREGORY, BRANTON and GROOMS 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 GREGORY, the Report of the Committee of Free Conference to H. 4295 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/24/00--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Section 50-21-133 of the 1976 Code, as added by Act 124 of 1999, is amended to read:

"Section 50-21-133.   (A)   There is established a no wake zone to begin at Nautical Day Marker Number 125 at Cove Inlet running to a line perpendicular to the westernmost tip of Sullivan's Island where the Intracoastal Waterway joins the Charleston Harbor. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.

(B)   There is established a no wake zone to begin one hundred fifty feet on either side of an existing boathouse or pier as of the effective date of this section, at Cherokee Plantation on the Combahee River in Colleton County. These boundaries must be clearly marked by signs. The signs must be designed and installed as specified by the department.

(C)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both. For a second or subsequent offense, the punishment is a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both as provided in Section 50-21-150."

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

Amend title to conform.

/s/Sen. Greg Gregory              /s/Rep. George E. "Chip" Campsen, III
/s/Sen. William S. Branton, Jr.   /s/Rep. George H. Bailey

/s/Sen. Lawrence K. Grooms        /s/Rep. Marion B. Frye
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.

On motion of Senator WASHINGTON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator WASHINGTON spoke on the Report.

On motion of Senator WASHINGTON, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT Pro Tempore appointed Senators WASHINGTON, HUTTO and GLOVER 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 WASHINGTON, the Report of the Committee of Free Conference to H. 4277 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/18/00--S.)

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

SECTION   1.   Sections 1 through 4 of this act are known and may be cited as the "Richardson Waltz Act".

SECTION   2.   The General Assembly finds that:

(1)   the Richardson family, descendants of General Richard Richardson (1704-1780) who came from Virginia as a surveyor to settle in South Carolina, is known for its great love of music and dancing;

(2)   many balls were held as social entertainment for family and friends from far and wide, and the melody of a favorite waltz for dancing was one which was "originated" by a family member who played "by ear";

(3)   this melody, known as "The Richardson Waltz", still lives today, having been handed down "by ear" from generation to generation but had never been written until 1985, when it was arranged by Mary S. Richardson Briggs;

(4)   Mrs. W. M. Richardson of Orangeburg planted the seed for the preservation of "The Richardson Waltz" many years ago, and Mrs. H. B. Richardson of Summerton helped hand it down and preserve it for posterity;

(5)   this waltz is a beautiful and soulful melody, is a memento of the musical tradition of the Richardson family, has for many generations played an unofficial but important role in the musical history of South Carolina, and is deserving of designation as the Official State Waltz; and

(6)   a bill to designate "The Richardson Waltz" as the official waltz was sponsored by Representatives C. Alexander Harvin, Elsie Rast Stuart, Jimmy C. Bales, Lynn Seithel, Jackson S. "Seth" Whipper, Becky Meacham-Richardson, Harry L. Ott, Jr., John Milton "Jake" Knotts, and Walton J. McLeod.

SECTION   3.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-667.     'The Richardson Waltz' is designated as the official state waltz."

SECTION   4.   The Code Commissioner shall distribute copies of Part I of this act to any interested persons including the members of the Richardson family and the Daughters of the American Revolution.

SECTION   5.   Sections 5 through 8 of this Act are known and may be cited as the "Carolina Wolf Spider Act".

SECTION   6.   The General Assembly finds that:

(1)   the state emblems and symbols adopted by the General Assembly and listed in the South Carolina Legislative Manual are an excellent educational resource for students of this State;

(2)   after reading in the Legislative Manual about the existing state symbols and emblems, Skyler B. Hutto, a third grade student at Sheridan Elementary School in Orangeburg, noted that there was no official state spider and suggested that the Carolina Wolf Spider be given that designation;

(3)   a bill to designate the Carolina Wolf Spider as the official state spider was sponsored by Senator Brad Hutto;

(4)   Skyler Hutto has worked diligently to pursue this designation for the Carolina Wolf Spider;

(5)   his schoolmates and teachers have followed the progress of the legislation with interest; and

(6)   through this experience, the students have learned both about spiders and about how a bill becomes a law, which has enhanced the third graders' study of South Carolina history.

SECTION   7.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-701.     The 'Carolina Wolf Spider', Hogna carolinensis, is designated as the official state spider."

SECTION   8.   The Code Commissioner shall distribute copies of Part II of this act to any interested persons including Skyler B. Hutto and the students and teachers of the Sheridan Elementary Third Grade Class.

SECTION   9.   This act takes effect upon approval by the Governor.   /

Amend title to read:

/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-1-667 AND 1-1-701 SO AS TO DESIGNATE CERTAIN STATE EMBLEMS OR SYMBOLS./

/s/Sen. McKinley Washington, Jr.  /s/Rep. Elsie Rast Stuart
/s/Sen. Maggie Wallace Glover     /s/Rep. Walton J. McLeod
/s/Sen. C. Bradley Hutto          /s/Rep. Edith Martin Rodgers
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

H. 4864 (Word version) -- Reps. Witherspoon and Barfield: A BILL TO AMEND SECTION 50-5-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHAD BY HOOK AND LINE AND TO SET LIMITS ON THE NUMBER OF SHAD TAKEN, SO AS TO MAKE THE SECTION APPLICABLE TO TAKING SHAD BY CAST NET AND TO REDUCE THE AGGREGATE NUMBER OF SHAD TAKEN FROM TWENTY TO TEN IN ANY ONE DAY.

The House returned the Bill with amendments.

On motion of Senator PEELER, 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.

At 6:20 P.M., Senator BRYAN assumed the Chair.

Senator LAND was recognized to present a status report regarding the work of the Committee of Conference on H. 4775, the General Appropriation Bill.

Senator SETZLER presented a status report regarding the work of the Committee of Conference.

Senator MOORE presented a status report regarding the work of the Committee of Conference.

At 7:10 P.M., Senator SETZLER assumed the Chair.

Senator MOORE continued addressing the body with brief remarks.

Senator LAND moved that the Senate stand adjourned.

Having voted on the prevailing side, Senator GREGORY moved to reconsider the vote whereby the Senate nonconcurred in the House amendments to H. 3692.

Senator HUTTO objected to the motion.

Senator BRYAN raised a Point of Order that under Rule 12 the motion did not require unanimous consent.

Senator HUTTO made a Parliamentary Inquiry as to whether or not the motion required unanimous consent inasmuch as the Senate was not in the Motion Period.

The ACTING PRESIDENT stated that, unless the motion were made in the Motion Period or the Senate was between Orders of Business, the motion would require unanimous consent.

Senator HUTTO raised a Point of Order that under the provisions of Rule 12 the motion to reconsider came too late.

Senators GREGORY, HUTTO, BRYAN and McCONNELL spoke on the Point of Order.

Senator LAND raised a Point of Order that the motion to reconsider was out of order inasmuch as the Senate had already acted on the motion to adjourn.

The ACTING PRESIDENT sustained the Point of Order.

Having received a favorable report from the Greenwood Delegation, the following appointment was confirmed in open session:

Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:

At - Large:

Rev. Willie S. Harrison, 1313 Bunche Ave., Greenwood, S.C. 29646

Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Myrtle Beach Redevelopment Authority, with term to commence July 1, 2000, and to expire July 1, 2004:

John Maxwell, 404 14th Ave. South, Myrtle Beach, S.C. 29577 VICE Mr. John Maxwell

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, the following appointments were confirmed in open session:

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:

Parks and Recreation:

Philip Gordon Powell, 411 Third Street, Cheraw, S.C. 29520 VICE Paul B. Ellis, III (resigned)

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:

Tourism:

I. Mayo Read, 1823 Tacky Point Road, Wadmalaw Island, S.C. 29487 VICE Martha R. Dusenbury

Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002:

Outdoor Advertising:

Glynn Furman Willis, Sr., 1709 Damon Drive, Florence, S.C. 29505 VICE Hal W. Stevenson

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 2000, and to expire June 9, 2003:

Nursing Home Administrator - Proprietary:

Julius B. Kinney, Jr., 204 Nottingham Way, Anderson, S.C. 29621 VICE Ethel L. Hughs

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1999, and to expire June 30, 2003:

At-Large:

Lykes S. Henderson, Jr., Presbyterian Homes of SC, 801 Musgrove Street, Clinton, S.C. 29325 VICE Patrick Lee Baughman, Sr.

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1996, and to expire November 27, 2000:

Susan Powell Graham, 123 Oak Drive, Greer, S.C. 29650 VICE E. L. "Jimmy" Eckles

Reappointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2000, and to expire November 27, 2004:

Susan Powell Graham, 123 Oak Drive, Greer, S.C. 29650 VICE E. L. "Jimmy" Eckles

Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 1999, and to expire June 30, 2003:

Master:

William D. Norris, 918 Natchez Trail, West Columbia, S.C. 29169

Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 1999, and to expire November 27, 2003:

Public:

Lillian Bowers Glenn, 25 Rowley Street, Greenville, S.C. 29601 VICE Ruth B. Herron

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 1999, and to expire July 27, 2002:

3rd Congressional District:

Thomas D. Sherrad, 126 Woodland Way, Abbeville, S.C. 29620 VICE Jeffrey W. Childress

Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1999, and to expire September 30, 2002:

Public:

Wilma L. Kelley, 2915 Bethune Highway, Bishopville, S.C. 29010

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1999, and to expire September 30, 2002:

Therapist:

Joyce J. Branham, P. O. Box 69, Ridgeway, S.C. 29130

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004:

At-Large:

Carl L. Solomon, Gergel, Nickles & Soloman, PA, 1400 Main St., Suite 700, Columbia, S.C. 29202 VICE William H. Stern

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

At-Large:

Pamela McCreery Harpootlian, 1721 Enoree Ave., Columbia, S.C. 29205 VICE Martha A. Vaughn

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2002:

Lorraine Bertha Dimery, 1004 East Main St., Kingstree, S.C. 29556 VICE Susan R. Cole

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2000, and to expire April 1, 2004:

Interested Party:

Royce J. Carter, 302 Henderson Street, Greenville, S.C. 29607 VICE Sharon D. Madison

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1998, and to expire June 9, 2001:

Community Residential Care Administrator:

Daniel Rogers McLeod, Jr., 26 West Seven Oaks Drive, Greenville, S.C. 29605 VICE Shirley H. Fishburne

Initial Appointment, South Carolina State Board of Pharmacy, with term coterminous with Governor:

Lay Member:

Leo Richardson, Ph. D., 241 King Charles Road, Columbia, S.C. 29209 VICE Charles L. Appleby, Jr.

Reappointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2000, and to expire June 30, 2004:

3rd Congressional District:

Elizabeth B. Weaver, 100 North Vista Drive, Easley, S.C. 29640

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2000, and to expire June 30, 2004:

1st Congressional District:

J. Elliott Summey, 5069 Ashby Ave., North Charleston, S.C. 29405 VICE Terrye C. Seckinger

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1997, and to expire June 30, 2001:

4th Congressional District:

Gary L. Burgess, Sr., Ed. D., 140 Milles Circle, Anderson, S.C. 29625 VICE L. Alexia Newman

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2000, and to expire June 30, 2004:

5th Congressional District:

Elizabeth G. Rivers, 110 Chester Park Dr., Chesterfield, S.C. 29709 VICE Judy M. Hamrick

Initial Appointment, Veterans Trust Fund of South Carolina, with term coterminous with Governor:

Veterans Organization:

William S. Biggs, 506 Holly Creek Drive, Anderson, S.C. 29621

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence August 30, 1997, and to expire August 30, 2001:

At-Large:

Samuel Elliott White, 2411 Whites Road, Fort Mill, S.C. 29715 VICE Lehman A. Moseley, Jr.

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2000, and to expire June 30, 2004:

SC Bankers Assoc. - Savings & Loan:

Herbert W. Watts, P.O. Box 512, Cheraw, S.C. 29520

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 1998, and to expire September 30, 2002:

At-Large:

Virginia Allison McGee, 19 Holliday Court, Columbia, S.C. 29223 VICE DeAnna S. Trout

Reappointment, South Carolina State Board of Financial Institutions, and to expire June 30, 2002:

Lay Member:

William F. Sachs, 1412 Kathwood Dr., Columbia, S.C. 29206

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1997, and to expire June 30, 2001:

SC Bankers Association - Banker:

Paul W. Stringer, The Palmetto Bank, 301 Hillcrest Ave., Laurens, S.C. 29360 VICE Robert E. Coffee

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 1998, and to expire June 30, 2002:

Banker:

William S. Hummers, Carolina First Bank, 102 South Main Street, Greenville, S.C. 29601

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007:

4th Congressional District:

Merle F. Code, 100 Reardon Drive, Greenville, S.C. 29615 VICE Johnnie Walters

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007:

Berkeley:

Julius Barnes, P.O. Box 546, St. Stephens, S.C. 29479-0546 VICE John David Trout

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:

At-Large:

Roosevelt Boyd, Route 2, Box 733, Pinewood, S.C. 29125 VICE Donna Earls Elders

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2000, and to expire June 30, 2005:

At-Large:

Gregory Poole Harris, 1 Catesby Circle, Columbia, S.C. 29206 VICE Frank B. Washington

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2000, and to expire May 31, 2005:

2nd Congressional District:

John Terrence Mobley, 130 Glenbrooke Circle, Columbia, S.C. 29204 VICE Edward E. Duryea

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

4th Congressional District:

George A. Ashford, 111 Windy Rush Road, Spartanburg, S.C. 29301 VICE Michael R. Watkins

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

3rd Congressional District:

Carl E. Anderson, 1313 Cherry Street Ext., Pendleton, S.C. 29670 VICE Janice C. McCord

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:

6th Congressional District:

Gloria James, 138 Bellwood Court, Holly Hill, S.C. 29059 VICE Jerome Heyward (resigned)

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

County Care Facility Administrators 10:

John P. Gettys, Jr., 1325 Winthrop Ave., Rock Hill, S.C. 29732 VICE B. Rosemond

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:

3rd Congressional District:

William C. Price, 1550 Redd Street, Aiken, S.C. 29801

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1997, and to expire June 30, 2000:

3rd Congressional District:

William C. Price, 1550 Redd Street, Aiken, S.C. 29801 VICE Mable H. Wynn

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:

Category 3:

Mary Berg Gossett, Ph.D., 714 Belle Shoals Road, Pickens, S.C. 29671 VICE John Mattison Geer, Jr.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:

2nd Congressional District:

Dorothea Renee Dawkins-Haigler, 547 Senn Street, West Columbia, S.C. 29169 VICE A. R. Goodwyn, III

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:

Category 1:

Donald A. Bailey, 208 Williams Street, Mt. Pleasant, S.C. 29464 VICE David V. Narr

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 1998, and to expire June 30, 2002:

Category 3:

C. Michael Smith, Ph.D., 929 King Street, Columbia, S.C. 29205 VICE Joe M. Anderson, Jr.

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004:

Category 1:

Calvin Elam, 2008 Marion Street, Suite H, Columbia, S.C. 29201 VICE Carol M. Morris

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2000, and to expire May 31, 2005:

4th Congressional District:

Pete Gus Diamaduros, 444 Old Iron Works Rd., Spartanburg, S.C. 29302 VICE Raymond B. Smith

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1997, and to expire June 30, 2001:

6th Congressional District:

Carrie Sinkler-Parker, P.O. Box 313, Alcolu, S.C. 29001 VICE Della A. Baker

On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Herbert Keyserling, M.D., beloved and respected physician, outstanding citizen of Beaufort County and South Carolina, father to sons,   Representative Billy Keyserling and Paul Keyserling of Beaufort, and daughters, Judy Keyserling of Washington, D.C., and Beth Kramer of Charleston, and the dear husband of former Representative Harriett Keyserling.

At 7:28 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 10:30 A.M.

This web page was last updated on Friday, June 26, 2009 at 9:39 A.M.