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, after this humble prayer, as we turn to pledge allegiance to the flag of the United States, we note the words ONE NATION UNDER GOD.
Hear Exodus, Chapter 20, v. 1:
"And God spake all these words, saying, 'I am the Lord thy God, which have brought thee out of the land of Egypt, out of the house of bondage.

Thou shalt have no other gods before ME'."
Let us pray.

Our Father, we thank You for the wonderful privilege that is ours of living and serving in a country where we can put the Commandments of God FIRST in our personal and professional lives.

Our prayer is that the Commandments of God have free course to reverberate in the homes of our people...at breakfast, dinner and supper...playtime...and business time...and, as we lie down to sleep, that we may in truth, live each day: "ONE NATION UNDER GOD."

Amen.

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

The following appointment was transmitted by the Honorable James H. Hodges:

Initial Appointment, Marlboro County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Charles R. Hunter, 404 Center Street, Bennettsville, S.C. 29512 VICE Carroll M. Gray

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

Document No. 2472
Agency: Department of Transportation
SUBJECT: Relocation of Displaced Persons
Received by Lieutenant Governor January 12, 2000
Referred to the Committee on Finance
Legislative Review Expiration May 11, 2000

Document No. 2481
Agency: Department of Education
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor January 31, 2000
Referred to the Committee on Education
Legislative Review Expiration May 30, 2000

Document No. 2482
Agency: Department of Education
SUBJECT: Parenting/Family Literacy
Received by Lieutenant Governor January 31, 2000
Referred to the Committee on Education
Legislative Review Expiration May 30, 2000

At 12:15 P.M., Senator LAND assumed the Chair.

Senator GIESE introduced Dr. March E. Seabrook of Columbia, S.C., Doctor of the Day.

S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET

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

There was no objection.

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

There was no objection.

Senator HOLLAND asked unanimous consent to commit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recalled and committed to the Commitee on Judiciary.

The following were introduced:

S. 1088 (Word version) -- Senators Short and Matthews: A BILL TO AMEND SECTION 20-7-9710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIRST STEPS TO READINESS BOARD OF TRUSTEES, SO AS TO ADD TO THE MEMBERSHIP THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION OR HIS DESIGNEE.

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

On motion of Senator BRYAN, with unanimous consent, the Bill was ordered referred to the Committee on Education.

S. 1089 (Word version) -- Senators Bryan, O'Dell, Bauer, Short, Branton, Courtney, Martin, Giese, Courson, Hutto, Moore, Anderson, Patterson, Wilson, Thomas, Setzler, Glover, Matthews, Reese, Waldrep and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-200 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A GRANT PROGRAM FOR THE PURPOSE OF HAVING SCHOOL DISTRICTS PILOT TEST OR IMPLEMENT MODIFIED OR

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

S. 1090 (Word version) -- Senators Wilson, Courson, Gregory, Russell, Reese, Richardson, Waldrep, Ford, McConnell, Leatherman, Courtney, Bauer, Peeler, Giese, Hayes, Martin, Mescher, Alexander, Grooms, Fair, Thomas, Ryberg, Ravenel, Branton and Setzler: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX A PORTION OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS, AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2003-04, AND TO PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY AT AMOUNTS NOT TO EXCEED ITS VALUE IN PROPERTY TAX YEAR 2003; AND TO AMEND SECTION 11-11-150, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO CREDIT TO IT THE REIMBURSEMENT REQUIRED FOR THE PERSONAL PROPERTY TAX EXEMPTION ALLOWED BY THIS ACT.

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

S. 1091 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CAROLINA WOLF SPIDER", HOGNA CAROLINENSIS, AS THE OFFICIAL STATE SPIDER.

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

S. 1092 (Word version) -- Senators Ryberg, Martin, Richardson, Elliott, Giese and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.

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

S. 1093 (Word version) -- Senators Martin, Ryberg and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41 CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41 AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE

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

S. 1094 (Word version) -- Senators Drummond, Land and O'Dell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.

Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

S. 1095 (Word version) -- Senators Branton and Grooms: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 25, 2000, BY THE STUDENTS OF DORCHESTER SCHOOL DISTRICT 2 FOR SCHOOL YEAR 1999-2000 WHEN SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES ARE TO BE MADE UP.

Read the first time and on motion of Senator BRANTON, with unanimous consent, the Bill was referred to the Dorchester County Delegation.

S. 1096 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF MISS JULIA MARGARET WALL OF NORTHAUGUSTA AND EXTENDING THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 1097 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF THE HONORABLE JOHN WILLIAM "BULL" FOOSHE, FORMER MAYOR OF MCCORMICK, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 1098 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED VETERINARIANS, DR. JOHN MICHAEL BOLINGER OF GAFFNEY, SOUTH CAROLINA.

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

S. 1099 (Word version) -- Senator Grooms: A SENATE RESOLUTION CONGRATULATING ANNE AND MATTHEW GOYAK OF GEORGETOWN ON THE JOYOUS OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, RECOGNIZING AND SALUTING THEM FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY, AND WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER.

The Senate Resolution was adopted.

H. 4324 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF THE DARLINGTON COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINEDMINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BY MADE UP.

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

H. 4463 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4466 (Word version) -- Reps. Kelley, Barfield, Edge, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE CAROLINA BAYS PARKWAY THE JOHN B. SINGLETON PARKWAY TO HONOR THE MEMORY OF THE LATE JOHN B. SINGLETON OF MYRTLE BEACH FOR HIS UNMATCHED CONTRIBUTIONS TO THE CITY OF MYRTLE BEACH AND THE GRAND STRAND AND HIS VISION AND PERSISTENCE IN PROMOTING THE CONSTRUCTION OF THE CAROLINA BAYS PARKWAY.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4472 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

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

H. 4476 (Word version) -- Reps. Hinson, Law, H. Brown, Dantzler and Gourdine: A JOINT RESOLUTION TO PROVIDE THAT UP TO TWO SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE BERKELEY COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE FLOYD INCLUDING THE FLOODING THAT FOLLOWED ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4478 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

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

H. 4481 (Word version) -- Rep. Fleming: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BENJAMIN CURTIS DUNBAR, OF UNION, SOUTH CAROLINA, UPON ATTAINING THE EAGLE SCOUT AWARD, THE HIGHEST AND MOST DISTINGUISHED HONOR A BOY SCOUT MAY RECEIVE.

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

H. 4500 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, 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, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and

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

H. 4505 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE DR. CARL ALAN CLAYTON, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA, SALKEHATCHIE REGIONAL CAMPUS, ON HIS RETIREMENT AFTER THIRTY YEARS OF DEVOTED SERVICE TO THE SCHOOL AND THE SALKEHATCHIE COMMUNITY, TO PUBLICLY RECOGNIZE HIS EFFORTS IN MAKING USC SALKEHATCHIE THE EXCELLENT LEARNING INSTITUTION IT IS, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

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

At 12:35 P.M., Senator SETZLER assumed the Chair.

S. 1074 (Word version) -- Senators Hutto, Moore, Ryberg, Setzler and Matthews: A CONCURRENT RESOLUTION HONORING CAROLYNE S. WILLIAMS ON THE OCCASION OF THE EXPIRATION OF HER TERM ON THE STATE BOARD OF EDUCATION AND RECOGNIZING AND COMMENDING HER OUTSTANDING ACHIEVEMENT AND LEADERSHIP IN SOUTH CAROLINA'S EDUCATION COMMUNITY.

Returned with concurrence.

Received as information.

S. 1077 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 5, 2000, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, APRIL 5, 2000, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

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

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

S. 997 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DEFINE, AMONG OTHER TERMS, "AFTER-MARKET CRASH PART" AND "CRASH PART"; AND BY ADDING SECTIONS 38-77-246 THROUGH 38-77-256 SO AS TO PRESCRIBE THE CONDITIONS UNDER WHICH AN INSURER MAY REQUIRE THE USE OF AFTER-MARKET CRASH PARTS IN VEHICLE REPAIR, TO REQUIRE DISCLOSURE OF THE REQUIRED USE OF SUCH PARTS, AND TO PROVIDE PENALTIES.

S. 1039 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE "SERVICE CONTRACTS MODEL ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

S. 1020 (Word version) -- Senators Passailaigue, Saleeby, Hayes, Matthews, Patterson, McConnell, Ford, Reese and Courtney: A BILL TO AMEND SECTION 33-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO INCLUDE AS A FINANCIAL INSTITUTION A FEDERAL OR STATE AGENCY WHICH LENDS OR INVESTS FUNDS, TO DEFINE "LOAN CALL" AND "LOAN CALL AGREEMENT" AND REDEFINE "LOAN LIMITS", AND TO PROVIDE FOR A WRITTEN LOAN AGREEMENT BETWEEN A CORPORATION AND ITS MEMBERS RATHER THAN A STATUTORY LINE OF CREDIT; TO AMEND SECTION 33-37-70, AS AMENDED, RELATING TO TAXATION OF A BUSINESS DEVELOPMENT CORPORATION, SO AS TO PROVIDE THE STATE TAX EXEMPTIONS ALSO FOR A SUBSIDIARY

Senator PASSAILAIGUE explained the Bill.

S. 992 (Word version) -- Senators McConnell and Passailaigue: A JOINT RESOLUTION TO AMEND PROVISO 50.9 OF PART IB OF ACT 100 OF 1999, THE GENERAL APPROPRIATION ACT, SO AS TO CLARIFY THE INTENT OF THE GENERAL ASSEMBLY IN DIRECTING THE COMMISSIONERS OF PILOTAGE TO USE A DESIGNATED APPROPRIATION SPECIFICALLY FOR THE SUPPORT OF A MARITIME EXCHANGE SYSTEM.

Senator PASSAILAIGUE explained the Joint Resolution.

On motion of Senator PASSAILAIGUE, with unanimous consent, S. 992 was ordered to receive a third reading on Wednesday, February 2, 2000.

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.

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

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

S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

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

Senator HUTTO proposed the following amendment (S-CLERK0544.004.CBH), which was adopted:

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

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

"(F)(2)   one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 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 56-1-286, 56-5-2950, or 56-5-2951."

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

"(G)(2)   six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 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 has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."

SECTION   3.   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   4.   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 one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or other bodily fluids was performed within one and one-half hours of the time of arrest. A person cannot be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

(1)   whether or not the person was lawfully arrested or detained;

(2)   the period of time between arrest and testing;

(3)   whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;

(4)   whether the person consented to taking a test pursuant to Section 56-5-2950, and the:

(a)   reported alcohol concentration at the time of testing was ten one-hundredths of one percent or more;

(b)   individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures; and

(d)   machine was working properly.

Nothing in this section prohibits (1) the introduction of the results of any additional tests of the person's breath or other bodily fluids or (2) the introduction of evidence on the issue of the accuracy of the breath test result.

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

SECTION   5.   Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is 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)(a)   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

(2)(a)   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)(a)   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)(a)   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

Upon imposition of a sentence of public service, the defendant may apply to the 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   6.   Section 56-5-2950(b) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"(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 person's breath or other bodily fluids was performed within one and one-half hours of the time of arrest, the person has violated Section 56-5-2933.

Except for item (4), 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   7.   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

SECTION   8.   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 days of the issuance of the notice of suspension the person may:

(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H), or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and

(2)   request an administrative hearing.

At the administrative hearing if:

(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);

(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or Section 56-5-2945."

SECTION   9.   Section 56-5-2951(K)(1) and (2) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(K)(1)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or

(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   10.   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 Sections 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   11.   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

(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, 56-5-2935, 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.

SECTION   12.   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 the Attorney General or the solicitors of the State under the direction of the Attorney General and paid into the general funds fund of the State."

SECTION   13.   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 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 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. But, the accused may stipulate with the solicitor that the charge constitutes a second or further offense, in which event the indictment shall not contain allegations of prior offenses, nor shall evidence of such prior offenses be introduced."

SECTION   14.   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 following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

SECTION   15.   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   16.   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   17.   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   18.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators HOLLAND and HUTTO proposed the following amendment (JUD0544.001):

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/ SECTION _____. Section 56-1-460 of the 1976 Code is amended to read:

"Section 56-1-460.   (A)   (1)   Except as provided in subsection (A)(2), A a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a)   for a first offense, be fined two hundred dollars or imprisoned for thirty days; for the first violation,

(b)   for the a second violation offense, fined five hundred dollars and imprisoned for sixty consecutive days,; and

(c)   for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this item must be tried exclusively in magistrate's court.

(2)   A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

(a)   for a first offense, imprisoned for not less than ten nor more than thirty days;

(b)   for a second offense, imprisoned for not less than sixty days nor more than six months;

(c)   for a third and subsequent offense, not less than six months nor more than three years.

No portion of the minimum sentence imposed under this item may be suspended.

(B)   The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three

If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:

(1)   for a first offense, imprisoned for not less than ten nor more than thirty days;

(2)   for a second offense, imprisoned for not less than sixty days nor more than six months;

(3)   for a third and subsequent offense, not less than six months nor more than three years." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator THOMAS spoke on the Bill.

Senator MOORE asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

There was no objection.

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

Initial Appointment, Marlboro County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Charles R. Hunter, 404 Center Street, Bennettsville, S.C. 29512
VICE Carroll M. Gray

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Clarence Holland "Icky" Albright, former Senator from York County and former Mayor of Rock Hill, S.C.

At 1:47 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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