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 Pro Tempore.

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

Beloved, hear words recorded in the Gospel of St. John, Chapter 4:34:

"Jesus said to them, 'My food is to do the will of Him who sent me, and to accomplish His work'."
Let us pray.

Father, Your ways are above our ways. Your thoughts are beyond our understanding.

We confess that there are times when we come to the simple realization that we are struggling to succeed in our professions and build a record in our careers, not fully realizing that our real calling, our basic reason for our existence on this planet, is to strive to do the work of our Heavenly Father.

As we struggle each day in the wilderness of everyday life, may we hear, once again, the ancient voice saying:

"Man shall not live by bread alone, but by every word that proceeds out of the mouth of God."
Amen.

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

Senator PATTERSON introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.

The following were introduced:

S. 714 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENITITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE

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

S. 715 (Word version) -- Senators McConnell and J. Verne Smith: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES.
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Read the first time and referred to the Committee on Judiciary.

S. 716 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO COMMEND MADISON DEAN WALL OF GAFFNEY FOR HIS HEROISM DISPLAYED IN CONNECTION WITH MILITARY OPERATIONS AGAINST A HOSTILE FORCE OVER EUROPE DURING WORLD WAR II AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING INDUCTED INTO THE CHEROKEE COUNTY HALL OF BRAVERY.
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The Senate Resolution was adopted.

S. 717 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SOUTH CAROLINA ARTISANS CENTER" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57 IN COLLETON COUNTY.
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Introduced and, on motion of Senator GROOMS, with unanimous consent, ordered placed on the Calendar without reference.

H. 4163 (Word version) -- Reps. Knotts, Bingham, Riser, Stuart, Koon and Quinn: A BILL TO REQUIRE ALL SCHOOL DISTRICTS IN LEXINGTON

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

H. 4177 (Word version) -- Rep. Sharpe: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LOUIS RICH COMPANY OF NEWBERRY FOR ITS COMMITMENT TO FOOD SAFETY AND THE ENHANCEMENT OF THE QUALITY OF THEIR PRODUCTS THAT ARE DISTRIBUTED WORLDWIDE.

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

H. 4178 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MR. CHARLES "CHUCK" ROBERT CONNER III OF FLORENCE COUNTY FOR BEING AWARDED THE EAGLE SCOUT AWARD BY THE BOY SCOUTS OF AMERICA ON JUNE 3, 2001, AND EXTENDING BEST WISHES AS HE ENTERS HIS FRESHMAN YEAR AS A STUDENT AT DAVIDSON COLLEGE.

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

H. 4179 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND REVEREND SILAS MIMS, PASTOR OF GREATER HOPEWELL BAPTIST CHURCH IN THE TOWN OF DUNCAN, SOUTH CAROLINA, FOR TWENTY YEARS OF FAITHFUL AND DEVOTED SERVICE TO THE CHURCH AND ITS MEMBERS.

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

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 465 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 653 (Word version) -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-9-35 SO AS TO PROVIDE THAT LICENSING EXAMINATIONS AND EXAMINATION QUESTIONS MAINTAINED OR ADMINISTERED BY THE STATE CROP PEST CONTROL COMMISSION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC DISCLOSURE.

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3372 (Word version) -- Reps. Sharpe, Dantzler, Lourie and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO

Ordered for consideration tomorrow.

Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

S. 627 (Word version) -- Senator Saleeby: A BILL TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.

The House returned the Bill with amendments.

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

The House returned the Bill with amendments.

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

Columbia, S.C., May 24, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

asks for a Committee of Conference, and has appointed Reps. HARRELL, A. YOUNG and ROBINSON to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.

On motion of Senator MOORE, the Senate insisted upon its amendments to H. 3602 and asked for a Committee of Conference.

Whereupon, Senators RAVENEL, SETZLER and MATTHEWS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 708 (Word version) -- Senators Courson and Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA, A FLAGSHIP HIGHER EDUCATION INSTITUTION OF THIS STATE AND ONE OF THE FINEST UNIVERSITIES IN THE NATION, ON THE OCCASION OF ITS BICENTENNIAL.

Returned with concurrence.

Received as information.

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

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

H. 4062 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, AND ENDING JUNE 30, 2002.

The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 698 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 699 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2616, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 171 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE FEE FOR THE LICENSE PLATES.

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

Senators THOMAS, SALEEBY, LAND and MARTIN proposed the following amendment (171R001.DLT), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/   SECTION   1.   Section 56-3-3310 of the 1976 Code, as last amended by Act 422 of 1996, is further amended to read:

"Section 56-3-3310.   The department may shall issue a free permanent special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle. The biennial fee for the special license plate is the same as the fee provided in Article 5, Chapter 3 of this Title, and only Only one plate may shall be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."

SECTION   2.   The 1976 Code is amended by adding:

"Section 56-1-315.   A violation of Section 56-1-460, driving under suspension, must be dismissed by the Department of Public Safety when:

(1)   a person has been charged with driving under suspension while his driver's license is suspended because of an out-of-state motor vehicle violation; and

(2)   the person obtains a resolution to the out-of-state motor vehicle violation that is considered satisfactory by the Department of Public Safety."

SECTION   3.   Chapter 10, Title 56 of the 1976 Code is amended by adding:

Section   56-10-610.   This article may be cited as the 'Motorist Insurance Database Program Act'.

Section   56-10-620.   As used in this article, unless the context otherwise requires:

(1)   'Contractor' means designated agent or the party with which the division contracts pursuant to Section 56-10-640.

(2)   'Database' means the motorist insurance database described in Section 56-10-640.

(3)   'Department' means the Department of Public Safety.

(4)   'Designated agent' means contractor or the party with which the division contracts pursuant to Section 56-10-640.

(5)   'Division' means the Division of Motor Vehicles in the Department of Public Safety.

(6)   'Program' means the motorist insurance database program created in Section 56-10-640.

Section   56-10-630.   (1)   The General Assembly finds that the purpose of this article is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this article.

(2)   The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.

(3)   The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements in this chapter.

Section   56-10-640.   (A)(1)   The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division shall contract with a contractor who shall provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.

(2)   After a contract has been entered into with a contractor, the department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the director of the Department of Insurance, the director of the Department of Insurance, or his designee, the director of the Department of Public Safety, or his designee, the contractor, and a representative of the division.

(B)   The contractor shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.

(C)   The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this article. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.

Section   56-10-650.   (A)   If the comparison indicates that a motor vehicle is not insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:

(1)   proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or

(2)   proof of exemption from the financial security requirements.

(B)   A letter from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section. This letter may be mailed to the division.

(C)   The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10.

Section 56-10-660.   (A)   The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported insurance coverage upon request by the following individuals and agencies only:

(1)   the individual;

(2)   the parent or legal guardian of an individual who is an unemancipated minor;

(3)   the legal guardian of an individual who is legally incapacitated;

(4)   any person who has power of attorney from the individual;

(5)   any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;

(6)   any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the

(7)   the office of the state auditor, for the purpose of conducting any audit authorized by law;

(8)   any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or

(9)   persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims, and preventing fraud or abuse.

(B)   The funds collected from this fee described by subsection (A) shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

(C)   The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.

(D)   No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.

(E)   Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.

Section 56-10-670.   This article shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this chapter."

SECTION   4.   Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-553.   (A)   The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the

(B)   The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.

(C)   The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.

(D)   The Department of Public Safety must provide an annual report to the General Assembly containing the information required in subsections (A) and (B) of this section."

SECTION   5.   Section 56-10-225 of the 1976 Code, as added by Act 154 of 1997 and amended by Act 100, Part II, Section 103 B of 1999, is further amended to read:

"Section 56-10-225.   (A)   A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.

(B)   The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.

(C)   A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof

(D)   The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."

SECTION   6.   Section 56-10-520 of the 1976 Code, as added by Act 154 of 1997, is amended to read:

"Section 56-10-520.   A person who owns an uninsured motor vehicle:

(1)   licensed in the State; or

(2)   subject to registration in the State;
who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall be is guilty of a misdemeanor.

A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall be is guilty of a misdemeanor and, upon conviction, must: for a first offense, be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense, be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section. The director or his designee, having reason to believe that a motor vehicle is being

However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.

Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a notice of a violation of any provisions of this section, and he the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein required proof was required, the director may relieve such the person of the requirement of furnishing proof of future financial responsibility. When such the suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such the person so convicted for a period of one hundred eighty days from the date of such the order of suspension, and only then when all other provisions of law have been complied with by such the person. The director shall suspend the

SECTION   7.   Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-3-210.   Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them. (A) Unless the purchaser of a motor vehicle has transferred a license plate pursuant to Section 56-3-1290 or has a license plate to transfer to a newly purchased vehicle, a dealer of new or used motor vehicles must issue to the purchaser at the time of sale of a motor vehicle a temporary license plate that must contain the dealer's name, location, and the expiration date of the period within which the purchaser is required to register the motor vehicle pursuant to subsection (C) of this section. The expiration date may not extend past forty-five days from the date of purchase. A bill of sale must be maintained in the vehicle at all times to verify the date of purchase to law enforcement. A law enforcement officer has the right to stop a vehicle with a temporary license plate and check the vehicle's bill of sale. The bill of sale must provide a description of the vehicle, the names and addresses of the sellers and purchasers, and the date of sale. The temporary license plate must be made of materials as prescribed by the department. The expiration date must be printed on the temporary license plate in indelible black ink. A dealer who issues a temporary plate or allows a temporary plate to be used in violation of the section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.

(B)   If a person obtains a motor vehicle from a party other than a dealer, the person must:

(1) transfer a license plate from another vehicle pursuant to Section 56-3-1290;

(2)   purchase a new license plate and registration; or

(3)   purchase a temporary license plate before operating the vehicle on the highway during the forty-five-day period prescribed in this section. The department must insert clearly and indelibly on the face of the temporary license plate the date of issuance, the date of expiration, the make, and identification number of the motor vehicle for which it is issued and other information the department may require. A

(C)   If a person intends to transfer a license plate from another vehicle, he may place the plate to be transferred on the newly acquired vehicle on the date of purchase. The bill of sale and the registration corresponding to the license plate must be maintained in the newly acquired vehicle at all times to verify the date of purchase to law enforcement. The person must complete the transfer to obtain a new registration card with the DMV within forty-five days from date of purchase. A person must replace a temporary license plate issued pursuant to subsection (A) or (B) with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of purchase. An owner of a vehicle registered in another state or country being moved into this State has forty-five days in which to register and license it pursuant to Section 56-3-110. A person who operates a motor vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no more than one hundred dollars; for a second offense, be fined no more than two hundred dollars; or for a third or subsequent offense be fined no more than three hundred dollars."

SECTION   8.   Section 56-10-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-40.   Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall immediately notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month. issued to or provided for a resident of this State in the following circumstances:

(1)   the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2)   the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

This notification must be in writing or magnetic media in a manner considered satisfactory to the department. The insurer must also give notice as prescribed by regulation of all policies written for the first time, renewals of all policies, and cancellations of all policies. Insurers with one thousand or fewer policies shall be permitted to report in a manner acceptable to the working group as identified in Section 56-10-640(A)(2). Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

SECTION   9.   Section 56-10-240 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-10-240.   (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days After the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department prescribed by the working group identified in Section 56-10-640(A)(2), within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation all cancellations or refusal refusals to renew. under the following circumstances:

(1)   the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2)   the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

The insurer must also give notice in a manner prescribed by regulation of all policies written for the first time and all renewals of

(B) The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation, of or refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue office in the county where the person who surrenders the plates resides.

(C)   If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only not be charged a reinstatement fee of five dollars.

(D)   A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)   for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2)   for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3)   for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

(E)   Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION   10.   Section 56-10-270 of the 1976 Code is repealed.

SECTION   11.   Section 56-3-220 of the 1976 Code is repealed.

SECTION   12.   Sections 1 and 2 of this act take effect upon approval by the Governor. The remaining sections take effect July 1, 2001; provided, however, that Sections 8 and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department.                 /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

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

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

S. 706 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE DEFINITION OF A LIMOUSINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 713 (Word version) -- Senators Verdin, O'Dell: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.

By prior motion of Senator VERDIN, with unanimous consent

H. 4146 (Word version) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.

By prior motion of Senator RITCHIE, with unanimous consent

H. 3937 (Word version) -- Reps. Sinclair, Allison, Bales, Battle, Littlejohn, Lourie, Miller, J.M. Neal, Owens, Rivers, Sandifer, J.E. Smith, W.D. Smith, Stille, Walker, Weeks, Wilder and Talley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES POSTAL SERVICE TO CREATE A REIDVILLE MAILING ADDRESS FOR THOSE RESIDENTS LIVING IN AND NEAR THE TOWN OF REIDVILLE IN SPARTANBURG COUNTY.

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

S. 173 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

Senator FAIR moved to carry over the Bill.

Senator HUTTO objected.

The question then was the motion to carry over the Bill.

The Bill was not carried over.

Senator GROOMS objected to further consideration of the Bill.

S. 96 (Word version) -- Senators Wilson, Courson, Richardson, Verdin, Mescher, McConnell, Reese, Branton, Grooms, Ryberg and Giese: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.

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

Senator PINCKNEY was recognized.

Senator MARTIN asked unanimous consent to make a motion to give the Bill a second reading.

Senator PINCKNEY objected.

Senator MARTIN stated that under the provisions of Rule 14 a majority of the members of the Committee on Rules had voted to carry over the Bill and, after submitting the motion to the Desk, Senator MARTIN moved to carry over S. 96.

Senator PINCKNEY argued contra to the second reading of the Bill.

Senator HUTTO raised a Point of Order under Rule 14 that the Bill had not been under debate for more than 24 hours.

Senators MARTIN, PASSAILAIGUE and MOORE spoke on the Point of Order.

The PRESIDENT Pro Tempore overruled the Point of Order.

The question then was the motion to carry over the Bill, with Senator PINCKNEY retaining the floor.

Senator HUTTO moved to table the motion to carry over the Bill.

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

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Land                      Leventis                  Matthews
McGill                    Moore                     O'Dell
Passailaigue              Patterson                 Pinckney
Reese                     Saleeby                   Setzler
Short

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

The Senate refused to table the motion to carry over the Bill. The question then was the motion to carry over.

The Bill, S. 96, was carried over, with Senator PINCKNEY retaining the floor.

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

H. 3956 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF

Senator MARTIN moved to make the Resolution a Special Order.

Senator MOORE made a Parliamentary Inquiry as to whether the motion required an affirmative two-thirds vote of the entire membership for passage.

The PRESIDENT Pro Tempore stated that the motion would require a two-thirds vote of those present and voting.

The question then was the motion to make the Resolution a Special Order.

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

Alexander                 Bauer                     Branton
Courson                   Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Martin
McConnell                 Mescher                   Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Waldrep                   Wilson

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McGill
Moore                     O'Dell                    Passailaigue
Patterson                 Pinckney                  Rankin *
Reese                     Saleeby                   Setzler
Short

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Not having received the necessary vote, the motion to make the Resolution a Special Order failed.

Senator MOORE, with unanimous consent, addressed brief remarks to the Senate.

Senator MOORE asked unanimous consent to make a motion to take up S. 583 for immediate consideration.

There was no objection.

S. 583 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21

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

Senator MOORE asked unanimous consent to make a motion to adjourn debate on the Resolution and, upon completion of the disposition of the motion, the Senate would revert to the Motion Period.

Senator RICHARDSON spoke on the motion.

At 12:01 P.M., Senator COURSON assumed the Chair.

Senator RICHARDSON spoke on the motion.

Senator McCONNELL spoke on the motion.

There was no objection and debate was adjourned on the Resolution.

H. 3956 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS; TO PROVIDE FOR THE CONSIDERATION OF LOCAL LEGISLATION WHICH HAS THE UNANIMOUS CONSENT OF

Senator MARTIN asked unanimous consent to make a motion to place the Resolution in the status of Adjourned Debate.

Senator HUTTO objected.

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

Senator McCONNELL moved that, when the Senate adjourns on Friday, May 25, 2001, it stand adjourned to meet next Tuesday, May 29, 2001, at 12:00 Noon, which motion was adopted.

At 12:40 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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