HOUSE JOURNAL for June 4, 2003 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Wednesday, June 4, 2003
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 27:4: "One thing I ask of the Lord, this is what I seek: that I may dwell in the house of the Lord all the days of my life, to gaze upon the beauty of the Lord and to seek Him in His temple."
Let us pray. We thank You, Lord for this place where people are free to discuss and debate issues which affect our lives. We thank You, Lord for people to whom this is a priceless gift. Bless these leaders and guide them to make good decisions. Keep our President and all leaders in Your hand. Bless our defenders of freedom and keep them safe. Hear us mighty God. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. PERRY moved that when the House adjourns, it adjourn in memory of Paul M. Vucish of Aiken, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 76, H. 3218 by a vote of 37 to 6.

(R76) H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 93, S. 334 by a vote of 46 to 0.

(R93) S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS 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.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 99, S. 657 by a vote of 46 to 0.

(R99) S. 657 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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.

Very respectfully,
President
Received as information.

R. 99, S. 657--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 3, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 657 (Word version), R. 99, a Joint Resolution:

TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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.

This veto is based upon my belief that S. 657, R. 99 is unconstitutional.

Though well-intentioned as it might be, S. 657, R. 99 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 657, R. 99 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

In summary, I believe the specific nature of S. 657, R. 99 renders this Act unconstitutional. For this reason, I am returning S. 657, R. 99 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 99, S. 657--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Owens                  Rice                   Skelton
Trotter

Total--4

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

R. 93, S. 334--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

June 3, 2003
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:
I am hereby returning without my approval S. 334 (Word version), R. 93, a Joint Resolution:
TO PROVIDE THAT THE SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS 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.
This veto is based upon my belief that S. 334, R. 93 is unconstitutional.
Though well-intentioned as it might be, S. 334, R. 93 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly could establish a general statute that sets forth the general types of events or occasions when missed school days may be exempted from the make-up requirement, and authorize school districts throughout the State to exercise discretion in granting such exemptions. The recurring nature of legislation like S. 334, R. 93 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of S. 334, R. 93 renders this Act unconstitutional. For this reason, I am returning S. 334, R. 93 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 93, S. 334--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Sandifer               Whitmire

Total--2

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 736 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE PALMETTO BOOK ALLIANCE FOR ITS OUTSTANDING EFFORT IN CREATING THE SOUTH CAROLINA LITERARY TOUR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 744 (Word version) -- Senators Kuhn, McConnell, Malloy, Ryberg, Land, Fair, Peeler, Mescher, Branton, Drummond, Hayes, Grooms, Alexander, Knotts, Hawkins, J. V. Smith, Waldrep, Leatherman, Cromer, O'Dell, Courson, Setzler, Moore, Matthews, Hutto, Martin, Ravenel and Ritchie: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROVIDE THAT ALL FUNDING OF THE MEDICAID PROGRAM SHALL BE PROVIDED BY THE FEDERAL GOVERNMENT, AND TO ELIMINATE THE REQUIREMENT THAT THE STATES PROVIDE MATCHING FUNDS IN ORDER TO RECEIVE CERTAIN TYPES OF FEDERAL FUNDS TO BE USED FOR MEDICAID PURPOSES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4362 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE ELECTION OF RESIDENT AND AT-LARGE CIRCUIT JUDGES, SO AS TO PROVIDE THAT IN ANY CIRCUIT WITH TWO OR MORE RESIDENT CIRCUIT JUDGES, AT LEAST ONE JUDGE MUST BE A RESIDENT OF ONE OF THE COUNTIES IN THE CIRCUIT WHICH DOES NOT HAVE THE LARGEST POPULATION IN THE CIRCUIT, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Haskins                Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Sheheen                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, June 4.

Karl Allen                        James Lucas
Jackie Hayes                      Greg Delleney
H.B. "Chip" Limehouse             Harry Stille
Todd Rutherford                   Seth Whipper
Douglas Jennings                  Ralph Davenport
Robert L. Brown                   David Weeks
Daniel Tripp                      Doug Smith
Joseph Neal                       James Harrison
Jerry Govan                       Gary Simrill

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. R. Layton McCurdy of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. ~~After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.~~ A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number: H. 4339 (Word version)
Date: ADD:
06/04/03 VIERS

S. 293--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill, which was adopted:

S. 293 (Word version) -- Senators Hawkins, Ritchie and Reese: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 727 (Word version) -- Senator Land: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT TWO OF CLARENDON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

S. 169 (Word version) -- Senator Gregory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-04, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF LANCASTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM.

H. 4337 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF OCONEE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

S. 194 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS.

Rep. COOPER explained the Bill.

ORDERED ENROLLED FOR RATIFICATION

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

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3819 (Word version) -- Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, J. M. Neal, Pinson, E. H. Pitts, M. A. Pitts, Talley, Taylor, Toole, Vaughn, Viers, Walker, Simrill, Gilham and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT THE "PROHIBITION OF HUMAN CLONING ACT" TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM OR PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY PRODUCT FROM HUMAN CLONING, OR TO SHIP, RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN INTERSTATE COMMERCE AN EMBRYO DERIVED FROM HUMAN CLONING, TO DEFINE CLONING, TO PROVIDE CRIMINAL PENALTIES, AND TO PROVIDE FOR SUSPENSION OF THE PROFESSIONAL LICENSE OF A PERSON VIOLATING THIS ACT.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 407 (Word version) -- Senators Richardson, Hutto and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.

S. 477 (Word version) -- Senators Ritchie, Ford, Leventis and Richardson: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE 'HOUSEHOLD MEMBER'; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.

S. 495--REQUESTS FOR DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. SINCLAIR having the floor:

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.

Reps. TALLEY and CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20713SD03), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-5635. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle break down, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.

(B) Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property. Upon receipt of this list, the sheriff or chief of police shall provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.

(C) If the identify of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall provide notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.

(D) The proprietor, owner, operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Fifteen days after the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10."
SECTION 2. Section 16-11-760 of the 1976 Code is amended to read:

"Section 16-11-760. (A) It ~~shall be~~ is unlawful for ~~any~~ a person to park a motor-driven or other vehicle on the private property of another without the owner's consent, if the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of ~~such~~ the property near each entrance prohibiting ~~such~~ this parking. Proof of the posting ~~shall be~~ is deemed and taken as notice conclusive against the person making entry.

(B) ~~Any motor-driven or other~~ A vehicle found parked on private property ~~as provided in this section~~ may be towed ~~away~~ and stored at the expense of the ~~vehicle~~ registered owner or lienholder, and ~~such~~ charges for towing ~~and storage charge shall constitute a lien against such vehicle~~, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.

It shall be lawful for any proprietor, owner and operator of any storage place, garage or towing service of whatever kind, which shall have towed away and stored any such vehicle, to have the vehicle sold at public outcry to the highest bidder upon the expiration of thirty days after written notice by certified mail has been given to the owner of the vehicle at his last known address that the towing and storage charges are due and such vehicle shall be sold by any regular or special constable appointed by any court of competent jurisdiction in the county in which the towing was performed or the vehicle was stored. Any regular or special constable shall, before selling the vehicle, advertise it for at least fifteen days by posting a notice in three public places in the county of sale, one of which shall be the courthouse door or bulletin board. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions, with the remainder of the money or proceeds of the sale, in the office of the clerk of the court, subject to the order of the owner thereof, or his legal representatives, and shall issue a bill of sale to the highest bidder. The regular or special constable who shall sell the vehicle shall be entitled to receive the same commissions as are allowed by law for the sale of personal property by constables. Any such sale shall be made for cash to the highest bidder after the notice shall have been given and the true result of such sale shall be forthwith made known to the original owner of the article so sold by notice addressed to the last known address of such owner.

Provided, however, that any such sale shall be subject to any outstanding lien recorded on the title certificate for such vehicle, which lien shall remain in full force and effect to the same extent as if such sale had not been held. In the event that the title certificate shows an unsatisfied lien, notice shall also be given to the lienholder in addition to the owner as above provided, and in addition thereto the officer selling said vehicle shall furnish to the lienholder the name and address of the purchaser of said vehicle. The bill of sale to the highest bidder shall clearly state that said vehicle is subject to the lien or liens of recorded lienholders.

(C) If the vehicle is not claimed by the owner, lienholder, or their agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.

(D) ~~Any~~ A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be ~~punished by a fine of~~ fined not less than twenty-five dollars and not exceeding one hundred dollars or ~~by imprisonment for a term~~ imprisoned not exceeding thirty days~~, and~~. This punishment is in addition to the other remedies which are authorized in this section."
SECTION 3. Section 29-15-10 of the 1976 Code is amended to read:

"Section 29-15-10. It is lawful for any proprietor, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs to sell the property as provided in this section. When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by ~~any~~ a magistrate of the county in which the work was done or the vehicle or thing was stored. ~~However, only those storage charges which accrued after the day on which written notice was mailed to the lienholder constitutes a lien against the vehicle or property to be sold.~~ Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for two days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale. The magistrate shall, before selling the property, insure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables. When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last-known address of the owner."
SECTION 4. Section 56-5-5630 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:

"Section 56-5-5630. (a)(1) For purposes of this section, 'vehicle' means any motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage at the direction of a law enforcement officer, and applies to any vehicle in custody at the time of the enactment of this section. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.

(2) When an abandoned ~~motor~~ vehicle has been taken into custody, the ~~sheriff, or his designee, or chief of police, or his designee,~~ storage place having towed and received the vehicle shall notify ~~within forty-five days,~~ by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the ~~motor~~ vehicle is being held, inform the owner and ~~any~~ all lienholders of the right to reclaim the ~~motor~~ vehicle within fifteen days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle or other property in custody, and state that the failure of the owner or and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and ~~all~~ lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction.

(b) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the ~~motor~~ vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.

(c) No A lienholder ~~shall be~~ is not subject to ~~any~~ a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder, or his agent, or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. No An owner of a vehicle which has been stolen and ~~thereafter~~ after that abandoned, as defined by this article, ~~shall be~~ is not liable for any charges or penalties imposed ~~herein~~ in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle ~~shall be~~ is deemed to be stolen when the registered owner notifies a police officer ~~of this State~~ and ~~such~~ the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section."
SECTION 5. Section 56-5-5640 of the 1976 Code, as last amended by Act 195 of 2002, is further amended to read:

"Section 56-5-5640. If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the ~~sheriff or his designee, or chief of police or his designee shall sell~~ proprietor, owner, or operator of the storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a ~~sales receipt from the sheriff or chief of police~~ magistrate's bill of sale, and ~~must be~~ is entitled to register the purchased vehicle and receive a certificate of title. The ~~sales receipt~~ bill of sale at ~~such~~ the sale must be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in ~~such~~ this case no further titling of the vehicle ~~must be~~ is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-5630, must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days ~~and~~. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION 6. A. Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1655. (A) As used in this section, 'voting system' means:

(1) the total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:

(a) define ballots;

(b) cast and count votes;

(d) maintain and produce audit trail information; and

(2) the practices and associated documentation used to:

(a) identify system components and versions of these components;

(b) test the system during its development and maintenance;

(d) determine specific system changes to be made to a system after the initial qualification of the system; and

(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B) The State Election Commission shall:

(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2) support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3) support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B. Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320. (a) The use of vote recorders may be authorized for use in ~~some~~ absentee precincts in a county ~~without requiring their use in all precincts~~.

(b) ~~Vote recorders of different kinds may be used for different precincts in the same county.~~

~~(c)~~ The county election commission shall provide vote recorders in such numbers as it ~~deems~~ considers necessary in good working order and of sufficient capacity to accommodate the names of all candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are to be voted for at any primary or other election."
C. Section 7-13-1330(A) and (H) of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"(A) Before any kind of vote recorder system, including an optical scan voting system, is used at any election, it ~~shall~~ must be approved by the State Election Commission which shall examine the vote recorder and shall make and file in the commission's office a report, attested by the signature of the executive director, stating whether, in the opinion of the commission, the kind of vote recorder so examined ~~can~~ may be accurately and efficiently used by electors at elections, as provided by law. No A vote recorder or optical scan voting system may not be approved for use in the State unless ~~certified by an Independent Testing Authority (ITA) accredited~~ qualified by the National Association of State Election Directors ~~and the State Election Commission~~ as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards. If this report states that the vote recorder ~~can~~ may be so used, the recorder ~~shall~~ must be considered approved and vote recorders of its kind may be adopted for use at elections, as ~~herein~~ provided in this section.

(H) Before any vote recorder or optical scan voting system approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer, at the manufacturer's expense, with the approved software ~~ITA~~. These source codes must be available to the State Election Commission in ~~the event that~~ case the company goes out of business, pursuant to court order, or ~~in the event that~~ if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement has been met."
D. Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"(A) Before any kind of voting ~~machine, including an electronic voting machine,~~ system is used at ~~any~~ an election, it must be approved by the State Election Commission which shall examine the voting ~~machine~~ system and make and file in the commission's office a report, attested to by the signature of the commission's executive director, stating whether, in the commission's opinion, the kind of voting ~~machine~~ system so examined ~~can~~ may be accurately and efficiently used by electors at elections, as provided by law. No A voting ~~machine~~ system may not be approved for use in the State unless ~~certified by an Independent Testing Authority (ITA) accredited~~ qualified by the National Association of State Election Directors ~~and the State Election Commission~~ as meeting or exceeding the minimum requirements of the Federal Election Commission's national voting system standards.

(B) When a voting ~~machine~~ system has been approved for use before July 1, 1999, it may be used in elections. However, if the system's software or firmware is improved or changed, the system must comply with the requirements of subsection (A).

(C) ~~Any~~ A person or company who requests an examination of any type of voting ~~machine must~~ system shall pay a nonrefundable examination fee of one thousand dollars for a new voting system. A nonrefundable examination fee of five hundred dollars must be paid for an upgrade to any existing system. The State Election Commission may reexamine any voting ~~machine~~ system when evidence is presented to the commission that the accuracy or the ability of the ~~machine~~ system to be used satisfactorily in the conduct of elections is in question.

(D) ~~Any~~ A person or company who seeks approval for any type of voting ~~machine~~ system in this State ~~must~~ shall file with the State Election Commission a list of all states or jurisdictions in which that voting ~~machine~~ system has been approved for use. This list must state how long the ~~machine~~ system has been used in the State; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the ~~machine~~ system. The vendor is responsible for filing this information on an ongoing basis.

(E) ~~Any~~ A person or an individual who seeks approval for any type of voting ~~machine must~~ system shall file with the State Election Commission copies of all contracts and maintenance agreements used in connection with the sale of the voting ~~machine~~ system. All changes to standard contracts and maintenance agreements must be filed with the State Election Commission.

(F) ~~Any~~ A person or company who seeks approval for any voting ~~machine must~~ system shall conduct, under the supervision of the State Election Commission and any county election commission, a field test for any new voting ~~machine~~ system, as part of the certification process. The field test ~~shall~~ must involve South Carolina voters and election officials and must be conducted as part of a scheduled primary, general, or special election. This test must be held in two or more precincts, and all costs relating to the use of the voting ~~machine~~ system must be borne by the vendor. The test must be designed to gauge voter reaction to the ~~machine~~ system, problems that voters have with the ~~machine~~ system, and the number of units required for the efficient operation of an election. The test also must ~~also~~ demonstrate the accuracy of votes reported on the ~~machine~~ system.

(G) Before ~~any~~ a voting ~~machine~~ system, approved after July 1, 1999, may be used in elections in the State, all source codes for the system must be placed in escrow by the manufacturer at the manufacturer's expense with the approved software ~~ITA~~ with the Secretary of State. These source codes must be available to the State Election Commission in ~~the event that~~ case the company goes out of business, pursuant to court order, or ~~in the event that~~ if the State Election Commission determines that an examination of these source codes is necessary. It is the responsibility of the manufacturer to place all updates of these source codes in escrow and to notify the State Election Commission that this requirement had been met.

(H) After a voting ~~machine~~ system is approved, an improvement or change in the ~~machine~~ system must be submitted to the State Election Commission for approval pursuant to this section; however, this requirement does not apply to the technical capability of a general purpose computer, reader, or printer used for election preparation or ballot tallying.

(I) If the State Election Commission determines that a voting ~~machine~~ system that was approved no longer meets the requirements of subsections (A) and (B) or Section 7-13-1640, the commission may decertify that ~~machine~~ system. A decertified ~~machine shall~~ system must not be used in an election unless it is reapproved by the commission ~~under~~ pursuant to the provisions of subsections (A) and (B).

(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have ~~any~~ a pecuniary interest in any voting ~~machine~~ system or in the manufacture or sale of any voting ~~machine~~ system."
E. Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F. This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this act.
SECTION 7. Section 56-5-2522 of the 1976 Code is repealed.
SECTION 8. (A) Chapter 15, Title 56 of the 1976 Code is amended by adding:

"Article 4
Nonfranchise Automobile
Dealer Prelicensing

Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must complete successfully at least eight hours of prelicensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.

Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article.

Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned and operated by a franchised automobile dealer.

Section 56-15-440. The provisions contained in Sections 56-15-410 and 56-15-420 do not apply to a nonfranchised automobile dealer whose primary business objective and substantial business activity is the rental of motor vehicles, regulated by Title 56."
(B) Notwithstanding the general effective date of this act, Sections 56-15-410, 56-15-430, and 56-15-440, added by this section take effect on January 1, 2004. Section 56-15-420 added by this section takes effect upon approval by the Governor.
SECTION 9. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that in accordance with Rule 9.3 the amendment was not germane due to the sections. He therefore sustained the Point of Order and ruled the amendment out of order.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3613DW03):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 7-13-1655. (A) As used in this section, 'voting system' means:

(a) define ballots;

(b) cast and count votes;

(d) maintain and produce audit trail information.

(2) the practices and associated documentation used to:

(a) identify system components and versions of these components;

(b) test the system during its development and maintenance;

(d) determine specific system changes to be made to a system after the initial qualification of the system; and

(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B) The State Election Commission shall:

(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2) support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3) support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B. Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320. (a) The use of vote recorders may be authorized for use in ~~some~~ absentee precincts in a county ~~without requiring their use in all precincts~~.

(b) ~~Vote recorders of different kinds may be used for different precincts in the same county.~~

(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have ~~any~~ a pecuniary interest in any voting ~~machine~~ system or in the manufacture or sale of any voting ~~machine~~ system."
E. Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F. This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this act.
SECTION 7. Section 56-5-2522 of the 1976 Code is repealed.
SECTION 8. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.
Rep. SINCLAIR spoke in favor of the amendment.

Reps. HOSEY, BALES, J. H. NEAL, LOFTIS, THOMPSON and FREEMAN requested debate on the Bill.

H. 4324--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4324 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON AND OCONEE COUNTIES MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Reps. SANDIFER and WHITMIRE proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5573CM03), which was adopted:
Amend the bill, as and if amended, Section 57-23-810 as contained in SECTION 1, by striking lines 27 and 28, and inserting:
/roadside vegetation adjacent to Interstate Highway 85 in Anderson County." /
Renumber sections to conform.
Amend title to conform.

Rep. WHITMIRE explained the amendment.

Rep. ALTMAN moved to adjourn debate on the Bill.

Rep. MARTIN moved to table the motion, which was agreed to by a division vote of 25 to 9.

The amendment was then adopted.

Reps. SCARBOROUGH, ALTMAN, RICE, DANTZLER, HINSON and MERRILL requested debate on the Bill.

S. 449--DEBATE ADJOURNED

Rep. BINGHAM moved to adjourn debate upon the following Bill, which was adopted:

S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.

LEAVE OF ABSENCE

The SPEAKER granted Rep. VIERS a temporary leave of absence.

RECURRENCE TO THE MORNING HOUR

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 293--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill, which was adopted:

S. 449--DEBATE ADJOURNED

Rep. BINGHAM moved to adjourn debate upon the following Bill, which was adopted:

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.

Rep. HARRELL explained the Bill.

S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDANT IS ELIGIBLE FOR STATE-PAID PREMIUMS.

Rep. HARRELL explained the Bill.

S. 588--DEBATE ADJOURNED

The following Bill was taken up:

S. 588 (Word version) -- Senators J. V. Smith, Thomas, Verdin, Fair and Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Rep. VAUGHN explained the Bill.

Rep. F. N. SMITH moved to adjourn debate on the Bill, which was agreed to.

S. 500--REQUEST FOR DEBATE WITHDRAWN

Rep. STILLE withdrew his request for debate on S. 500 (Word version); however, other requests for debate remained on the Bill.

S. 466--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. SCARBOROUGH, ALTMAN, ANTHONY and SKELTON, the following Bill was taken up:

S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5537CM03), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 56-5-2934 of the 1976 Code, as added by Act 390 of 2000, is amended to read:

"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article once the compulsory process program is specifically, fully, and adequately funded. Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. ~~The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department.~~"
SECTION __. Section 56-5-2940 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2940. A person 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:

(1) by a fine of ~~three~~ four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence;

(2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred 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 one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper;

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

(4) 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~~ may 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 violations which occurred within a period of ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section.

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.

One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol. The Department of Public Safety is directed to keep permanent records of all Highway Patrolmen who are killed in the line of duty or die in any other manner while actively employed as well as records of those who are retired. "
SECTION __. Section 56-5-2945 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 56-5-2945. (A) ~~Any~~ A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to ~~any~~ a person other than himself, is guilty of a felony and upon conviction must be punished:

(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;

(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.

No A part of the mandatory sentences required to be imposed by this section ~~may~~ must not be suspended, and probation ~~may~~ must not be granted for any portion.

(B) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The department shall suspend the driver's license of ~~any~~ a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include ~~any~~ a term of imprisonment plus three years.

(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the department for the Highway Patrol."
SECTION __. Section 56-5-2951 of the 1976 Code, as last amended by Act 354 of 2002, is further amended to read:

"(A) The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(B) If the test registers an alcohol concentration of ten one-hundredths of one percent or more, the person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990.

(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(D) Within thirty days of the issuance of the notice of suspension the person may:

(1) obtain a temporary alcohol restricted license by filing with the department a form ~~after enrolling in an Alcohol and Drug Safety Action Program~~. A one hundred 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 seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. 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) and the person must enroll in an Alcohol and Drug Safety Action Program before a license or permit is issued;

(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 56-5-2945.

(E) The period of suspension provided for in subsection (K) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(F) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but continues for the period provided for in subsection (K).

(G) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and request an administrative hearing. The notice of suspension also shall advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K).

(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully arrested or detained;

(2) was advised in writing of the rights enumerated in Section 56-5-2950;

(3) refused to submit to a test pursuant to Section 56-5-2950; or

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

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

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

(d) the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.

(I) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.

(J)(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program and has enrolled in an Alcohol and Drug Safety Action Program.

(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.

(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(K)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:

(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or

(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 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.

(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.

(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

(N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.

(O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.

(Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions.

(R) If a person does not request an administrative hearing within the ~~ten~~ thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION __. Section 56-5-2952 of the 1976 Code, as added by Act 235 of 2002, is amended to read:

"Section 56-5-2952. The filing fee to request an administrative hearing pursuant to Section 56-5-2951 or 56-1-286 for a person whose driver's license has been suspended for either his refusal to submit to a breath test or registering an alcohol concentration greater than the existing lawful limit, or any other administrative hearing before the Department of Public Safety, is ~~fifty~~ one hundred dollars. Funds generated from the collection of this fee must be used by the Office of Administrative Hearings of the Department of Public Safety to defray the costs of scheduling and conducting administrative hearings."
SECTION __. Section 56-1-286(K)(1) of the 1976 Code, as last amended by Act 79 of 2001, is further amended to read:

"(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 one hundred 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 seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and" /
Amend the bill further, by striking Section 44-48-30(11) as contained in SECTION 1, on pages 3 and 4 in its entirety and inserting:
/ (11) 'Victim' means an individual registered with the agency of jurisdiction as a victim or as an intervenor. /
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 549--REQUESTS FOR DEBATE WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of requests for debate by Reps. J. BROWN, BREELAND, ALLEN, F. N. SMITH, CLYBURN, HOSEY, J. HINES and CATO, the following Bill was taken up:

S. 549 (Word version) -- Senators Land, Martin, J. V. Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.

Rep. CHELLIS moved to adjourn debate on the Bill, which was agreed to.

S. 34--REQUESTS FOR DEBATE WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of requests for debate by Reps. SCOTT, J. H. NEAL, GOURDINE, BREELAND, HOSEY, M. HINES, MOODY-LAWRENCE and RIVERS, the following Bill was taken up:

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1659MM03):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1655. (A) As used in this section, 'voting system' means:

(a) define ballots;

(b) cast and count votes;

(d) maintain and produce audit trail information.

(2) the practices and associated documentation used to:

(a) identify system components and versions of these components;

(b) test the system during its development and maintenance;

(d) determine specific system changes to be made to a system after the initial qualification of the system; and

(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B) The State Election Commission shall:

(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2) support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3) support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B. Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320. (a) The use of vote recorders may be authorized for use in ~~some~~ absentee precincts in a county ~~without requiring their use in all precincts~~.

(b) ~~Vote recorders of different kinds may be used for different precincts in the same county.~~

(D) ~~Any~~ A person or company who seeks approval for any type of voting ~~machine~~ system in this State ~~must~~ shall file with the State Election Commission a list of all states or jurisdictions in which that voting ~~machine~~ system has been approved for use. This list must state how long the ~~machine~~ system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the ~~machine~~ system. The vendor is responsible for filing this information on an ongoing basis.

(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have ~~any~~ a pecuniary interest in any voting ~~machine~~ system or in the manufacture or sale of any voting ~~machine~~ system."
E. Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F. This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this section. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Rep. LOURIE moved to adjourn debate on the Bill, which was agreed to.

S. 495--REQUEST FOR DEBATE WITHDRAWN

Rep. FREEMAN withdrew her request for debate on S. 495 (Word version); however, other requests for debate remained on the Bill.

OBJECTION TO RECALL

Rep. G. BROWN asked unanimous consent to recall H. 4226 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CHELLIS objected.

H. 4320--RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. MCLEOD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.

OBJECTION TO RECALL

Rep. M. A. PITTS asked unanimous consent to recall H. 3400 (Word version) from the Committee on Judiciary.
Rep. PERRY objected.

H. 3836--DEBATE ADJOURNED

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 3836 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE GENUINE APPRECIATION AND THANKS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE STEADFAST SUPPORT AND LOYALTY OF SPAIN AS AN ALLY OF THE UNITED STATES THROUGHOUT THE IRAQI CRISIS, TO COMMEND THE LEADERS OF THE GOVERNMENT OF SPAIN FOR THEIR COURAGE IN THE FACE OF POPULAR OPPOSITION TO THE INVASION OF IRAQ TO REPLACE SADDAM HUSSEIN AND RID IRAQ OF WEAPONS OF MASS DESTRUCTION, AND TO URGE A CONTINUATION OF GOOD RELATIONS BETWEEN SPAIN AND THE UNITED STATES IN THE YEARS TO COME.

Rep. RICE moved to adjourn debate on the Senate Amendments, which was agreed to.

S. 523--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration:

S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.

POINT OF ORDER

Rep. WITHERSPOON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 581--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Joint Resolution were taken up for consideration:

S. 581 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO NAME THE NEW NATIONAL GUARD ARMORY LOCATED ON THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS THE "DARWIN H. SIMPSON UNIVERSITY READINESS CENTER" IN RECOGNITION OF MAJOR GENERAL SIMPSON'S PASSIONATE PURSUIT AND TIRELESS EFFORTS IN THE CREATION, FUNDING, AND IMPLEMENTATION OF THIS IMPORTANT NATIONAL GUARD ARMORY.

Rep. WALKER explained the Senate Amendments.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3281--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration:

H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

Rep. TOWNSEND moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3255--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3255 (Word version) -- Rep. J. R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3455--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 3455 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 44-63-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS INVOLVING VITAL STATISTICS, SO AS TO INCREASE THE PENALTY FOR VIOLATING CERTAIN PROVISIONS OF THIS SECTION, AND TO MAKE TECHNICAL CHANGES.

Rep. TALLEY explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

H. 4346--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4346 (Word version) -- Reps. Keegan, Clemmons, Edge, Hayes, Viers, Witherspoon, Miller and Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF OCEAN BOULEVARD IN SURFSIDE BEACH FROM 17TH AVENUE NORTH TO MELODY LANE, IN HONOR OF TERRY BENJAMIN COOPER OF HORRY COUNTY, AND INSTALL APPROPRIATE MARKERS OR SIGNS ON OCEAN BOULEVARD CONTAINING THE WORDS "THE TERRY COOPER BOULEVARD", SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE EXEMPLARY SERVICE OF THIS MODEL SOUTH CAROLINIAN.

Whereas, the members of the General Assembly are proud to recognize Terry Benjamin Cooper for his leadership and service, and request that the Department of Transportation name a portion of Ocean Boulevard in Surfside Beach in honor of him; and

Whereas, as the Chairman of the Horry County Council, Terry Cooper is a Republican and District 5 representative who was elected first in 1998 and reelected in 2002. He was appointed Vice Chairman in 2002 and assumed the duties of Chairman in early 2003; and

Whereas, as a member of the county council, Mr. Cooper helped develop legislation for the Comprehensive Stormwater Management Plan and established the Citizens Advocating Road Safety Committee to study and recommend evacuation routes from the South Strand area to the Bucksport area; and

Whereas, Terry Cooper is an avid proponent for the development and funding of recreation activities and facilities for county residents as well as police, fire, and rescue services, and he has actively supported the development of the South Strand Government Complex, a county building housing frequently used offices to serve the South Beach residents; and

Whereas, as President of Cooper Communications, a public relations and advertising agency, and Cooper Publishing, Terry Cooper still finds time to be active in his community as a member of the Board of Directors of the Georgetown County Chamber of Commerce, the Murrells Inlet Rotary Club, and the Belin United Methodist Church in Murrells Inlet. He also coaches in the Surfside Beach Recreation Department Baseball Program; and

Whereas, Terry Cooper is a devoted husband to his wife, Elizabeth, and a loving father to his children, Hannah and Ryan; and

Whereas, it is appropriate that the members of the General Assembly request that the Department of Transportation name a portion of Ocean Boulevard in honor of such a model South Carolinian as Terry Cooper. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name a portion of Ocean Boulevard in Surfside Beach from 17th Avenue North to Melody Lane, in honor of Terry Benjamin Cooper of Horry County, and install appropriate markers or signs on Ocean Boulevard containing the words "The Terry Cooper Boulevard" so that as the public passes they will remember the exemplary service of this model South Carolinian.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

S. 698--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 698 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT EXIT 131 ALONG INTERSTATE HIGHWAY 20 IN DARLINGTON COUNTY THE "LAURIE COKE LAWSON INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "LAURIE COKE LAWSON INTERCHANGE".

Whereas, Mr. Laurie Coke Lawson is married to the former Elizabeth Pearce, and together they are the proud parents of one daughter and three sons; and

Whereas, he received an outstanding education at St. John's High School in Darlington County and Clemson University; and

Whereas, Mr. Lawson served his country with distinction as a First Lieutenant with the 69th Infantry Division of the United States Army; and

Whereas, he is a very active member in his church, community, and State who has served as: Chairman of the Board and a Sunday School teacher at Trinity United Methodist Church in Darlington; Chairman of Epworth Children's Home in Columbia; Chairman of the South Carolina Agriculture Commission; State Executive Director of the South Carolina Farm Service Agency/USDA; a member of the Darlington County Board of Education, Development Board, and Farm Bureau; and

Whereas, he has received numerous honors, awards, and recognitions which include being: named Outstanding Farmer in the United States by American Cyanamid Corporation; selected as a delegate to the Council on Agricultural Research; named "Progressive Farmer" 1985 Man of the Year in service to South Carolina agriculture; one of the founders and director of the South Carolina Tobacco Association; a recipient of the South Carolina Farm Bureau's Distinguished Service Award; a recipient of the Order of the Palmetto; and bestowed the Honorary "Doctors of Law" degree by Clemson University; and

Whereas, the members of the General Assembly of the State of South Carolina are pleased to recognize the many accomplishments of Mr. Laurie Coke Lawson and believe it is fitting and proper to honor him by naming the interchange located at Exit 131 along Interstate Highway 20 in Darlington County the "Laurie Coke Lawson Interchange". Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the interchange located at Exit 131 along Interstate Highway 20 in Darlington County the "Laurie Coke Lawson Interchange" and pay all costs from Darlington County "C" funds needed to install appropriate markers or signs containing the words "Laurie Coke Lawson Interchange".

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation and Mr. Laurie Coke Lawson.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. LUCAS moved that the House recur to the Morning Hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. BINGHAM, from the Lexington Delegation, submitted a favorable report on:

S. 521 (Word version) -- Senator Knotts: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

S. 521--ORDERED TO THIRD READING

On motion of Rep. BINGHAM, with unanimous consent, the following Bill was taken up for immediate consideration:

The Bill was read second time and ordered to third reading.

CONCURRENT RESOLUTION

The following was introduced:

H. 4363 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO CONGRATULATE THE WEST ASHLEY HIGH SCHOOL "WILDCATS" GIRLS SOCCER TEAM OF CHARLESTON COUNTY ON WINNING BACK-TO-BACK CLASS AAAA STATE CHAMPIONSHIP TITLES AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, AND STAFF FOR THEIR 2003 CLASS AAAA STATE CHAMPIONSHIP WIN.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4364 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO CONGRATULATE THE WEST ASHLEY HIGH SCHOOL "WILDCATS" GIRLS SOCCER TEAM OF CHARLESTON COUNTY ON WINNING BACK-TO-BACK CLASS AAAA STATE CHAMPIONSHIP TITLES AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, STAFF, AND FAMILIES FOR THEIR 2003 CLASS AAAA STATE CHAMPIONSHIP WIN.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. HARRELL, with unanimous consent, the following was taken up for immediate consideration:

H. 4365 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF WEST ASHLEY HIGH SCHOOL "WILDCATS" GIRLS SOCCER TEAM OF CHARLESTON COUNTY, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the members, coaches, and other officials of the West Ashley High School "Wildcats" Girls Soccer Team of Charleston County at a date and time to be determined by the Speaker, for the purpose of recognizing them for winning the 2003 Class AAAA State Championship.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4366 (Word version) -- Reps. J. H. Neal, Cobb-Hunter, Bales, Howard, Lourie, Parks, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-65 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO ABANDON A DOG ON PUBLIC OR CERTAIN PRIVATE PROPERTY.
Referred to Committee on Judiciary

H. 4367 (Word version) -- Reps. Allen, Whipper, Rivers, Weeks, Rutherford, McLeod, Altman, Breeland, R. Brown, Coleman, Delleney, Lee, Lucas, Sinclair, F. N. Smith, G. M. Smith and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-161 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN INDICTED BY A GRAND JURY BEFORE HIS SCHEDULED PRELIMINARY HEARING DOES NOT LOSE HIS RIGHT TO THE SCHEDULED HEARING.
Referred to Committee on Judiciary

H. 4368 (Word version) -- Reps. Allen, Lee, Rivers, Rutherford, Sinclair, F. N. Smith, G. M. Smith, Talley and Weeks: A BILL TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE OF CERTAIN CONTROLLED SUBSTANCES AND ITEMS RELATED TO THE MANUFACTURE AND DISTRIBUTION OF CONTROLLED SUBSTANCES, SO AS TO DEFINE THE TERM "REASONABLE TIME" AS IT RELATES TO INSTITUTION OF CERTAIN FORFEITURE AND DISPOSITION PROCEEDINGS TO MEAN A PERIOD NOT TO EXCEED SIXTY DAYS, AND TO DEFINE THE TERM "REASONABLE PERIOD OF TIME" AS IT RELATES TO WHEN A LAW ENFORCEMENT AGENCY THAT SEIZES CERTAIN PROPERTY PURSUANT TO THIS SECTION TO MEAN NOT MORE THAN SIXTY DAYS; AND TO AMEND SECTION 44-53-530, RELATING TO FORFEITURE PROCEDURES FOR CONTROLLED SUBSTANCES, SO AS TO DEFINE THE TERM "REASONABLE TIME PERIOD" AS IT RELATES TO THE FORFEITURE OF CERTAIN PROPERTY TO MEAN A PERIOD NOT TO EXCEED SIXTY DAYS.
Referred to Committee on Judiciary

H. 4369 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 59-18-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACADEMIC PLAN FOR A STUDENT LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVEL, SO AS TO DESIGNATE THAT A STUDENT REQUIRED TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM IS "AT RISK OF BEING RETAINED" INSTEAD OF "ON ACADEMIC PROBATION", TO PROVIDE FOR APPEAL OF A REQUIREMENT TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM LIKE APPEALS OF SUMMER SCHOOL OR RETENTION REQUIREMENTS, TO PROVIDE FOR REVIEW OF A STUDENT'S PROGRESS AND A RETENTION DECISION BASED ON CERTAIN WEIGHTED FACTORS INCLUDING A FORTY PERCENT CONSIDERATION OF CLASSROOM PERFORMANCE AND A THIRTY PERCENT CONSIDERATION OF STATEWIDE STANDARDS-BASED ASSESSMENT SCORES, AND TO PROVIDE FOR ANNUAL REVIEWS OF PROGRESS AND FOR ASSISTANCE.
Referred to Committee on Education and Public Works

H. 4370 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 59-18-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACADEMIC PLAN FOR A STUDENT LACKING SKILLS TO PERFORM AT CURRENT GRADE LEVEL, SO AS TO DESIGNATE THAT A STUDENT REQUIRED TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM IS "AT RISK OF BEING RETAINED" INSTEAD OF "ON ACADEMIC PROBATION", TO PROVIDE FOR APPEAL OF A REQUIREMENT TO ATTEND A COMPREHENSIVE REMEDIATION PROGRAM LIKE APPEALS OF SUMMER SCHOOL OR RETENTION REQUIREMENTS, TO PROVIDE FOR REVIEW OF A STUDENT'S PROGRESS AND A RETENTION DECISION BASED ON CERTAIN WEIGHTED FACTORS INCLUDING A SIXTY PERCENT CONSIDERATION OF CLASSROOM PERFORMANCE AND A FIFTEEN PERCENT CONSIDERATION OF STATEWIDE STANDARDS-BASED ASSESSMENT SCORES, AND TO PROVIDE FOR ANNUAL REVIEWS OF PROGRESS AND FOR ASSISTANCE.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4371 (Word version) -- Rep. Cato: A CONCURRENT RESOLUTION TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO SUSPEND THE EFFECTIVE DATE OF THE WIRELESS NUMBER PORTABILITY RULES UNTIL THE WIRELESS COMPANIES SERVING THE RESIDENTS OF SOUTH CAROLINA HAVE IMPLEMENTED FULLY THE CAPABILITIES NECESSARY FOR EMERGENCY COMMUNICATIONS, HOMELAND SECURITY, AND COMPLIANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION'S E-911 MANDATES, AND TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION THAT PREVENTS THE FEDERAL COMMUNICATIONS COMMISSION FROM REIMPOSING THE WIRELESS NUMBER PORTABILITY RULES UNTIL IT FINDS THAT THE IMPLEMENTATION OF THESE CAPABILITIES AND COMPLIANCE WITH THESE MANDATES IS COMPLETE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

On motion of Rep. RIVERS, with unanimous consent, the following was taken up for immediate consideration:

H. 4372 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 21, 2003, AS MYOSITIS AWARENESS DAY IN THE STATE OF SOUTH CAROLINA FOR THE NEXT FIVE YEARS, AND TO RECOGNIZE THE IMPORTANCE OF MYOSITIS AWARENESS AND THE EFFORTS TO HELP PREVENT AND CURE THIS DISEASE.

Whereas, the members of the General Assembly are happy to proclaim September 21, 2003, as the first Myositis Awareness Day over the next five years in order to promote the efforts of the organizations that help raise money in hopes of preventing and curing myositis and also help educate the public about the symptoms and effects the disease has on those afflicted; and

Whereas, myositis is believed to be an autoimmune disease much like rheumatoid arthritis and lupus, but since so little is known about myositis, it often goes undiagnosed for weeks or even months, reducing the chances of a positive outcome for new patients; and

Whereas, this disease attacks people of all ages, and The Myositis Association estimates that there are between thirty and fifty thousand cases of myositis in the United States. Juvenile patients typically experience dermatomyositis, with its often itchy and painful skin rash and muscle weakness; and

Whereas, presently, standard treatments are aimed at suppressing the immune system and decreasing muscle inflammation. Treatments vary greatly among patients, with many patients not responding to any treatment. The medicines used to treat myositis often cause uncomfortable and lasting side effects; and

Whereas, the focus for the future of The Myositis Association is on increasing awareness and encouraging research, diagnosis, and a cure; and

Whereas, the members of the General Assembly find the issue of myositis of great concern to the welfare of our State and appreciate and commend the actions taken to cure this disease. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, proclaim September 21, 2003, as Myositis Awareness Day in the State of South Carolina for the next five years and recognize the importance of myositis awareness and the efforts to help prevent and cure this disease.

Be it further resolved that a copy of this resolution be forwarded to The Myositis Association.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

S. 293--TABLED

The following Bill was taken up:

Rep. WALKER moved to table the Bill, which was agreed to.

ACTING SPEAKER CATO IN CHAIR

S. 449--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3619DW03), which was adopted:
Amend the bill, as and if amended, Section 6-9-63(A), SECTION 1, page 8, line 36, by striking item (7) in its entirety and inserting:
/ (7) a fire marshal or fire chief designated by the State Fire Marshal; /
Amend further, Section 6-9-63(A)(14), (15), (16), SECTION 1, page 9, line 7, after / electrician /; line 10, after / mechanic /; and line 12, after / plumber / by inserting on each of these lines / from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina /.
When amended items 14, 15, and 16 read:
/ (14) a representative of the electrical industry who is either an engineer licensed in South Carolina or a master electrician from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina;

(15) a representative of the mechanical or gas industry who is either an engineer licensed in South Carolina or a master mechanic from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina; and

(16) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber from a list of qualified candidates submitted to the Governor by the Mechanical Contractors Association of South Carolina. /
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION __. Title 1 of the 1976 Code is amended by adding:

"CHAPTER 34
National Building Codes

Section 1-34-10. The public policy of South Carolina is to maintain reasonable and consistent standards of construction in buildings and other structures in the State in order to protect the public health, safety, and welfare of its citizens. Accordingly, all agencies should enforce the same editions of nationally recognized codes and standards for the construction, manufacture, renovation, improvement, and maintenance of structures. To effect this policy, it is intended that all state regulatory agencies enforce the same editions of nationally recognized codes.

Section 1-34-20. As used in this chapter:

(1) 'Agency' or 'state agency' means each state board, commission, department, executive department, or office, other than the General Assembly or the courts, charged with the regulation of buildings or other structures by enforcing a nationally recognized code. An agency is charged with the regulation of buildings or other structures by enforcing a nationally recognized code if the code is referenced in the statutes or regulations administered by that agency.

(2) 'Building Code' means building, electrical, plumbing, mechanical, gas, or fire codes which are part of the International Building Code series or Standard Building Code series, as published, promulgated, or made available by the Southern Building Code Congress International, Inc., the energy code as published by the Council of American Building Officials, and the National Electrical Code and Fire and Life Safety Code, as made available by the National Fire Protection Association, if the code is referenced by any other statute or regulation.

(3) 'Latest edition' means latest complete edition officially published, adopted, or approved by the organization which issued the nationally recognized code.

(4) 'Nationally recognized code' means all building codes or standards. Unless expressly adopted as stated in this chapter or otherwise required by law, a 'nationally recognized code' does not include its appendices. For the purposes of this chapter, 'nationally recognized code' does not include any provision of a building code or standard which concerns the qualification, removal, dismissal, duties, responsibilities of, or administrative procedures for all building officials, fire officials, deputy officials, chief inspectors, or other inspectors, assistants, or administrators.

(5) 'Revision' means a change to a nationally recognized code if that change was officially published, adopted, or approved other than at the time a complete edition was officially published, adopted, or approved.

(6) 'Standard' means building, energy, electrical, plumbing, mechanical, gas, or fire standards published by organizations including the American National Standards Institute, the American Society of Mechanical Engineers, the American Standard Testing Materials Institute, and the National Fire Protection Association if the standard is referenced by any other statute or regulation.

Section 1-34-30. (A) An agency shall adopt the latest edition of all nationally recognized codes which it is charged by statute or regulation with enforcing. An agency may propose the adoption of the latest edition of a nationally recognized code by publishing a notice in the State Register. The notice shall contain:
adoption of the nationally recognized code;

(2) the complete name of the nationally recognized code and the edition being adopted;

(3) the name and address of the organization which issued the nationally recognized code; and

(4) an invitation to comment to the agency concerning particular sections of the proposed edition.

(B) If no comments are received within sixty days of publication provided pursuant to subsection (A), the agency may file a notice with the Legislative Council to be published in the State Register that the nationally recognized code is promulgated without amendment. Publication of the notice creates a rebuttable presumption that the edition to which it refers was promulgated under this section, is available for public inspection at the agency, and was promulgated without amendment.

(C) If negative comments are received concerning sections of the latest edition or if the agency proposed amendments to the latest edition, the notice provided for in subsection (A) shall serve as the notice of drafting required pursuant to Section 1-23-110 and all affected sections must be proposed as regulations pursuant to Section 1-23-120 and are subject to the Administrative Procedures Act. All other sections of the latest edition may be promulgated by notice pursuant to subsection (B).

(D) An agency that requires compliance with an earlier edition of a nationally recognized code shall accept full and complete compliance with the latest edition of that code unless it has promulgated amendments to the code pursuant to this section.

Section 1-34-40. (A) Notwithstanding any other provision of law, an agency shall accept full and complete compliance with the latest edition of a nationally recognized code as compliance with a provision of a statute or regulation which refers to a particular edition of that nationally recognized code unless the agency has published a notice under Section 1-34-30(C) stating that the edition has not been adopted.

(B) This section does not affect when, or the circumstances under which, a nationally recognized code is applicable.

Section 1-34-50. If an agency is authorized or required by law to enforce the provisions contained in a nationally recognized code appendix, the agency may adopt the appendix, in accordance with Section 1-34-30, in conjunction with, or in addition to, the adoption of the nationally recognized code.

Section 1-34-60. An agency authorized to modify a nationally recognized code by promulgating regulations shall promulgate these regulations in accordance with the Administrative Procedures Act.

Section 1-34-70. Unless otherwise required by law, an agency may not enforce a provision of a nationally recognized code to the extent it is inconsistent with any state statute or regulation that does not rely on a nationally recognized code." /
Renumber sections to conform.
Amend title to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11902MM03), which was adopted:
Amend the bill, as and if amended, SECTION 6-9-130, as found in SECTION 1, by deleting the SECTION in its entirety and inserting:

(A) Buildings must be inspected ~~according to~~ in accordance with the codes in effect for the locality on the date of the issuance of the original building permit, except that:

(1) If no date of issuance of original building permit can be found, the date of submission of the completed application to the local authority must be used.

(2) If no date of application for, or date of issuance of, building permit is available, the director of the applicable county planning and development service (or similar agency) shall determine the nearest possible date by using available documents, such as transfer of property records, mortgage records, tax records, rent records.

(B) A building inspection conducted in conjunction with any change in structure must be performed in accordance with the applicable code in effect on date of application or date of permit.

(C) A building inspection conducted in conjunction with a change of use for the building or space must be performed in accordance with the applicable code in effect on the date of the inspection. This inspection should be done with the intention of avoiding extreme hardship to the owner whenever practical.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 588--DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Bill, which was adopted:

S. 549--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name H-LCI\549.2), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ "SECTION 1. Section 38-1-20(40) of the 1976 Code, as last amended by Act 300 of 2002, is further amended to read:

"(40) 'Exempt commercial policies' means policies for ~~large~~ commercial insureds ~~where the total combined premiums to be paid for these policies for one insured is greater than fifty thousand dollars annually and~~ as may be ~~further~~ provided for in regulation ~~or in bulletins~~ issued by the director. Exempt commercial policies include all property and casualty coverages except for ~~commercial property and~~ insurance related to credit transactions written through financial institutions."
SECTION 2. Section 38-7-20 of the 1976 Code is amended to read:

"Section 38-7-20. (A) In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the director or his designee an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, ~~collected~~ written by the company in the State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three-fourths of one percent of the total premiums ~~collected~~ written. For all other types of insurance, the insurance premium tax levied ~~herein~~ in this section is equal to one and one-fourth percent of the total premiums ~~collected~~ written. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.

(B) The insurance premium taxes collected by the director or his designee pursuant to this section must be deposited by him in the general fund of the State."
SECTION 3. Section 38-21-170(A) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:

"(A) Subject to Section 38-21-270, each registered insurer shall report to the department all dividends and other distributions to shareholders within five business days following the declaration ~~thereof~~ of it and at least ~~ten~~ fifteen days ~~prior to~~ before the payment ~~thereof~~ of it. The department ~~shall~~ promptly shall consider this report as information, and ~~such~~ these considerations ~~shall~~ must include the factors as ~~set forth~~ provided in Section 38-21-260. If an insurer's surplus as regards policyholders is determined by the department not to be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the department shall have the authority, within the ~~ten-day~~ fifteen-day period ~~prior to~~ before payment ~~thereof~~ of it, to limit the amount of ~~such~~ the dividends or distributions."
SECTION 4. Section 38-21-270(B) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:

"(B)(1) For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property whose fair market value together with that of other dividends or distributions made within the preceding twelve months ~~exceeds the lesser of~~:

(a) when paid from other than earned surplus exceeds the lesser of:

~~(a)~~(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement,; or

~~(b)~~(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.;

(b) when paid from earned surplus exceeds the greater of:

(i) ten percent of the insurer's surplus as regards policyholders as shown in the insurer's most recent annual statement; or

(ii) the net gain from operations for life insurers, or the net income, for nonlife insurers, not including net realized capital gains or losses as shown in the insurer's most recent annual statement.

(2) It does not include pro rata distributions of a class of the insurer's own securities."
SECTION 5. Section 38-41-60(c) of the 1976 Code is amended to read:

"(c) Investment of plan funds is subject to the same restrictions which are applicable to insurers pursuant to Sections ~~38-11-40 and 38-11-50~~ 38-12-10 through 38-12-320. All investments must be managed by a bank or other investment organization licensed to operate in South Carolina."
SECTION 6. Section 38-43-10(B) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(B) This chapter does not apply to excess and surplus lines brokers licensed pursuant to Section ~~38-45-20~~ 38-45-30 except as provided in Section 38-43-70."
SECTION 7. Section 38-43-40 of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"Section 38-43-40. A license issued by the director or his designee pursuant to Chapter 5 of this title gives to the insurer obtaining it the right to appoint any number of producers to take risks or transact any business of insurance in the State. ~~However, the director or his designee must approve the appointment before the producer takes any risk or transacts any business.~~ The notification to the director or his designee ~~shall~~ must give both the business address and residence addresses of the producer."
SECTION 8. Section 38-43-50(B) of the 1976 Code, as added by Act 323 of 2002, is amended to read:

"(B) ~~Before an applicant can act as a producer for an authorized insurer he must be appointed by an official or authorized representative of the insurer for which the applicant proposes to act, who~~ When appointing a producer, the insurer shall certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed."
SECTION 9. Section 38-43-70(D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(D) Notwithstanding any other provision of this section, a person licensed as a surplus lines broker in his home state shall receive a nonresident surplus lines broker license pursuant to subsection (A) of this section. Except as to subsection (A) of this section, nothing in this section otherwise amends or supersedes any provision of Section ~~38-45-20~~ 38-45-30."
SECTION 10. Section 38-43-100(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(A) No Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to applicants who have achieved the designations of Chartered Property and Casualty Underwriter (CPCU) or Chartered Life Underwriter (CLU). ~~The director or his designee may also, at his discretion, waive the examination and issue temporary licenses for a period not to exceed ninety days, upon demonstrated need.~~ A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these."
SECTION 11. Section 38-43-105(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(E) This section applies to residents applying for a license to engage in the sale of insurance except those persons who have previously been licensed for a period of five years or more and those persons applying for a license in limited lines or limited lines credit insurance approved by the director or his designee in order to satisfy the reciprocity provisions outlined under this chapter. Each course sponsor is required to submit a nonrefundable filing fee established by the department."
SECTION 12. Section 38-43-106(E) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:

"(E) This section also applies to nonresident producers unless otherwise provided ~~herein~~ in this section. However, ~~any~~ a nonresident producer who successfully satisfies continuing insurance education requirements of his ~~resident~~ home state and certifies this information to the continuing education administrator as specified in subsection (C) is ~~deemed~~ considered to have satisfied the requirements of this section regardless of the requirements of that other state."
SECTION 13. Section 38-45-20 of the 1976 Code is amended to read:

"Section 38-45-20. A resident may be licensed as an insurance broker by the director or his designee if the following requirements are met:

(1) licensure of the resident as an insurance ~~agent~~ producer and having at least one appointment for the same lines of insurance for which he proposes to apply as a broker of this State ~~for at least two years~~;

(2) successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee;

(3) payment of a biennial license fee of two hundred dollars which is earned fully when received, not refundable;

~~(3)~~(4) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:

(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;

(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or

(c) an act of fraud committed by the broker in connection with an insurance transaction. ~~In lieu~~ Instead of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker or his surety, or both, to recover on the bond or against the broker to recover from the certificates of deposit, and a copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action;

~~(4)~~(5) payment to the department, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first each year, of a broker's premium tax of four percent upon premiums for policies of insurers not licensed in this State. Credit may be taken for tax on policies canceled flat within forty-five days of the effective policy date as long as the business was placed in good faith and the policy was canceled at the request of the insured."
SECTION 14. Section 38-45-30(5) of the 1976 Code is amended to read:

"(5) filing of a bond with the department in a form approved by the Attorney General in favor of South Carolina of ten thousand dollars executed by a corporate surety licensed to transact surety insurance in this State. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
~~(a) the broker's violation of or failure to comply with an insurance law or regulation of this State;~~
~~(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or~~
(c) an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the department certificates of deposit of ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. An aggrieved person may institute an action in the county of his residence against the broker ~~or his surety, or both,~~ to recover damages ~~on the bond or against the broker to recover from the certificates of deposit, and~~. A copy of the summons and complaint in the action must be served on the director, who is not required to be made a party to the action."
SECTION 15. Section 38-71-880(F) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:

"(F) This section shall not apply to benefits for services furnished on or after December 31, ~~2002~~ 2003."
SECTION 16. Section 38-77-870 of the 1976 Code is amended to read:

"Section 38-77-870. The provisions of this chapter relevant to the assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State. Provided, however, that assignment through the South Carolina Automobile Insurance Plan also must be available to personnel of the Armed Forces of the United States who are on active duty and who officially are stationed in this State if they possess a valid motor vehicle driver's license issued by another state or territory of the United States or by the District of Columbia, regardless of the state of registration of their motor vehicle, if their motor vehicle is garaged principally in this State."
SECTION 17. Section 38-79-420 of the 1976 Code is amended to read:

"Section 38-79-420. There is created the South Carolina Patients' Compensation Fund (fund) for the purpose of paying that portion of a medical malpractice or general liability claim, settlement, or judgment which is in excess of ~~one~~ two hundred thousand dollars for each incident or in excess of ~~three~~ six hundred thousand dollars in the aggregate for one year. The fund is liable only for payment of claims against licensed health care providers (providers) in compliance with the provisions of this article and includes reasonable and necessary expenses incurred in payment of claims and the fund's administrative expense."
SECTION 18. Section 56-9-20(11) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(11) 'Proof of financial responsibility': Proof of ability to respond to damages for liability, as provided in Section 38-77-150, or, on account of accidents occurring after the effective date of ~~such~~ this proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of fifteen thousand dollars because of bodily injury to or death of one person in any one accident and, subject to ~~such~~ this limit for one person, in the amount of thirty thousand dollars because of bodily injury to or death of two or more persons in any one accident and in the amount of ~~five~~ ten thousand dollars because of injury to or destruction of property of others in any one accident;"
SECTION 19. The first paragraph of Section 2 of Act 313 of 2002 is amended to read:

"Notwithstanding the interest rate provisions of Section 38-69-240(a) of the 1976 Code, for prospective sales of contracts entered into pursuant to Section 38-69-240 from this act's effective date through ~~January 1, 2004~~ June 30, 2005, the following applies:"
SECTION 20. Section 38-71-40 of the 1976 Code is amended to read:

"Section 38-71-40. (A) The falsity of any statement related to insurability in the application for any individual policy covered by this chapter does not bar the right to recovery ~~thereunder~~ under it during the first two years from the issue date unless:

(1) the false statement was made with actual intent to deceive; or ~~unless it~~

(2) the false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.

(B) If either criteria provided in item (1) or (2) of subsection (A) is met, the insured is barred from recovery under the policy, and the policy is void. It is not necessary for both provisions in items (1) and (2) of subsection (A) of subsection (A) to be met in order for the right of recovery to be barred. This section does not repeal, supercede, or preempt any other provisions of Title 38 related to the falsity of statements in an application."
SECTION 21. Section 38-75-460 of the 1976 Code is amended to read:

"Section 38-75-460. The director or his designee ~~may~~, by written order, temporarily may expand the area in which the association ~~must~~ shall provide essential property insurance. ~~The area may not be expanded further inland than east of the west bank of the intracoastal waterway and may not be expanded to cover the area for more than twelve months.~~ The director or his designee shall find and declare the existence of an emergency because of the unavailability of coastal property insurance or other unavailability of coastal property insurance on a reasonable basis through normal channels. The order must include the surveys of the market conducted in order to make the determination. The director or his designee may expand the area in which the association shall provide essential property insurance to the whole area or just part of the area. The director may expand the area by construction type or age of construction. The area may not be expanded further than the seacoast territory as defined in Section 38-75-310(7) and may not be expanded to cover the area for more than twenty-four months. If the director or his designee issues an order that expands the area in which the association provides essential property insurance, he shall notify the General Assembly of that order and he shall recommend~~, through the Director of the Department of Insurance,~~ to the General Assembly any appropriate statutory changes in the law concerning the definition of 'coastal area' which he believes needs to be enacted."
SECTION 22. Section 42-7-310(d)(2) of the 1976 Code, as last amended by Act 364 of 2000, is further amended to read:

"(2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier shall make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the normalized premium of each carrier bore to the normalized premium of all carriers during the preceding calendar year. Each insurance carrier, self-insurer, and the State Accident Fund shall make payment based upon workers' compensation normalized premiums during the preceding calendar year. The charge to each insurance carrier is a charge based upon normalized premiums. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty ~~within thirty days~~, they shall be barred from any recovery from the fund on all claims without exception until the assessment and penalty are paid in full. ~~the~~ The director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also notify the South Carolina Department of Insurance and the South Carolina Workers' Compensation Commission, and these government agencies shall take the appropriate legal and administrative action immediately."
SECTION 23. Section 42-9-400(c) of the 1976 Code is amended to read:

"(c) In order to qualify under this section for reimbursement from the Second Injury Fund, the employer must establish when claim is made for reimbursement thereunder, that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge. ~~Provided, however,~~ However, the employer may qualify for reimbursement hereunder upon proof that he did not have prior knowledge of the employee's preexisting physical impairment because the existence of ~~such~~ the condition was concealed by the employee ~~or was unknown to the employee~~."
SECTION 24. Section 42-9-410(d) of the 1976 Code is amended to read:

"(d) In order to receive additional benefits from the Second Injury Fund as permitted by Sections 42-9-150 and 42-9-170, the employer shall establish that he had ~~notice~~ knowledge of the employee's preexisting permanent physical impairment prior to the time of the subsequent injury by accident, unless the employer can establish that ~~the employee had no knowledge of such preexisting impairment~~ he did not have prior knowledge of the employee's preexisting physical impairment because the existence of the condition was concealed by the employee."
SECTION 25. This act takes effect upon approval by the Governor, except SECTION 13 takes effect January 31, 2004.
Renumber sections to conform.
Amend title to conform.

Rep. SCARBOROUGH explained the amendment.

SPEAKER IN CHAIR

Rep. SCARBOROUGH continued speaking.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 34--DEBATE ADJOURNED

Rep. LOURIE moved to adjourn debate upon the following Bill, which was adopted:

MOTION NOTED

Rep. DUNCAN moved to reconsider the vote whereby S. 449 (Word version) was given a second reading and the motion was noted.

OBJECTION TO RECALL

Rep. KEEGAN asked unanimous consent to recall H. 3703 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. G. BROWN asked unanimous consent to recall H. 4226 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. THOMPSON objected.

H. 3836--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

H. 3281--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration:

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

S. 449--MOTION TO RECONSIDER TABLED

The motion of Rep. DUNCAN to reconsider the vote whereby the following Bill, as amended, was given a second reading was taken up:

Rep. CATO moved to table the motion to reconsider, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. TROTTER.

H. 3649--DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Bill, which was adopted:

H. 3649 (Word version) -- Reps. Huggins, Bales, Koon, Frye, Altman, J. Brown, Cato, Hinson, Merrill, E. H. Pitts, Quinn, Rice, Scarborough, Scott, Snow, Toole, Wilkins and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND THE GOVERNING BODY OF ANY LOCAL POLITICAL SUBDIVISION OF THIS STATE, IN ORDER TO IMPOSE OR INCREASE ANY TYPE OF TAX OR FEE, MUST DO SO BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE BODY.

H. 3489--DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Bill, which was adopted:

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

H. 3612--DEBATE ADJOURNED

Rep. LITTLEJOHN moved to adjourn debate upon the following Bill, which was adopted:

H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, R. Brown, J. H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E. H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F. N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

S. 356--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5542CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6540. (A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No Court costs, assessments, or surcharges may not be assessed against the person convicted. No A person may not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.

~~(B)~~ ~~A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:~~

~~(1)~~ when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

~~(2)~~ ~~when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.~~

~~(C)~~ A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

~~(D)~~ ~~A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.~~

In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer.

~~(E)~~(B) A violation of this article ~~does~~ is not ~~constitute~~ negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

~~(F)~~(C) No A vehicle, driver, or occupant in a vehicle may not be searched solely because of a violation of this article, nor may consent to search be requested ~~or a stop made under subsection (B)(1)~~.

(D) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter."
SECTION 2. This act takes effect six months after the date of approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LOURIE explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:

Yeas 60; Nays 39

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Bingham                G. Brown
J. Brown               Ceips                  Clark
Clyburn                Cobb-Hunter            Cotty
Edge                   Emory                  Freeman
Gourdine               Hagood                 Hayes
Herbkersman            J. Hines               M. Hines
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Littlejohn             Lloyd                  Lourie
Mack                   Mahaffey               Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Owens
Parks                  Pinson                 E. H. Pitts
Rivers                 Skelton                D. C. Smith
F. N. Smith            J. E. Smith            W. D. Smith
Snow                   Stewart                Stille
Taylor                 Toole                  Townsend
Walker                 Weeks                  Whipper
Whitmire               Wilkins                Witherspoon

Total--60

Those who voted in the negative are:

Altman                 Barfield               Bowers
Cato                   Chellis                Clemmons
Cooper                 Dantzler               Davenport
Delleney               Frye                   Hamilton
Harrell                Hinson                 Kirsh
Koon                   Limehouse              Loftis
Lucas                  McCraw                 McGee
Merrill                Perry                  Phillips
Quinn                  Rice                   Richardson
Sandifer               Scarborough            G. R. Smith
J. R. Smith            Talley                 Thompson
Trotter                Umphlett               Vaughn
Viers                  White                  Young

Total--39

So, the amendment was adopted.

Rep. SCARBOROUGH spoke against the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 63; Nays 43

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Bingham                Branham
J. Brown               R. Brown               Ceips
Clark                  Clyburn                Cobb-Hunter
Cotty                  Edge                   Emory
Gilham                 Gourdine               Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Littlejohn
Lloyd                  Lourie                 Mack
Mahaffey               Martin                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Owens                  Parks                  Pinson
E. H. Pitts            Rivers                 Scott
Sinclair               Skelton                D. C. Smith
F. N. Smith            J. E. Smith            W. D. Smith
Snow                   Stewart                Stille
Taylor                 Toole                  Townsend
Walker                 Weeks                  Whipper
Whitmire               Wilkins                Witherspoon

Total--63

Those who voted in the negative are:

Altman                 Barfield               Bowers
Cato                   Chellis                Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Freeman                Frye                   Hagood
Hamilton               Harrell                Kirsh
Koon                   Leach                  Limehouse
Loftis                 Lucas                  McCraw
McGee                  Merrill                Perry
Phillips               Quinn                  Rice
Richardson             Scarborough            Sheheen
G. R. Smith            J. R. Smith            Talley
Thompson               Trotter                Umphlett
Vaughn                 Viers                  White
Young

Total--43

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3490--DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E. H. Pitts, Rice, Sandifer, Scarborough, F. N. Smith, Stille, Taylor, Toole, Viers and White: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

S. 500--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11733AC03), which was adopted:
Amend the bill, as and if amended, Section 20-7-495(B)(3) by deleting lines 31-34 and inserting /This provision does not preclude or override the release of information based upon a subpoena or court order, unless otherwise prohibited by law./ and by deleting Section 20-7-495(B)(4) in its entirety. So when amended Section 20-7-495(B)(3) reads:
/ (3) Children's Advocacy Center records must be released to the Department of Social Services for purposes of investigation, assessment of allegations of child abuse or neglect, and provision of treatment services to the children or their families. The records must be released to law enforcement agencies and circuit solicitors or their agents who are:

(a) investigating or prosecuting known or suspected abuse or neglect of a child;

(b) investigating or prosecuting the death of a child;

(d) attempting to locate a missing child.

This provision does not preclude or override the release of information based upon a subpoena or court order, unless otherwise prohibited by law./
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Rep. ALTMAN spoke against the Bill.

Rep. ALTMAN moved to adjourn debate on the Bill.

Rep. HARRISON moved to table the motion, which was rejected.

The question then recurred to the motion to adjourn debate.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 31; Nays 70

Those who voted in the affirmative are:

Altman                 J. Brown               Ceips
Chellis                Cotty                  Dantzler
Delleney               Duncan                 Frye
Gilham                 Hagood                 Harrell
Herbkersman            Huggins                Leach
Limehouse              Loftis                 Merrill
Owens                  Perry                  E. H. Pitts
M. A. Pitts            Quinn                  Rice
Stewart                Talley                 Trotter
Viers                  Walker                 Wilkins
Young

Total--31

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bingham                Bowers
Branham                Breeland               R. Brown
Cato                   Clark                  Clemmons
Clyburn                Cobb-Hunter            Davenport
Emory                  Freeman                Gourdine
Harrison               Hayes                  J. Hines
M. Hines               Hinson                 Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Koon
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Phillips
Pinson                 Richardson             Rivers
Sandifer               Sheheen                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stille
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Weeks                  Whipper                White
Whitmire

Total--70

So, the House refused to adjourn debate.

Rep. JENNINGS spoke in favor of the Bill.
Rep. HARRISON spoke in favor of the Bill.

Rep. HARRISON moved to adjourn debate on the Bill, which was agreed to.

Rep. KENNEDY moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. M. NEAL a leave of absence for the remainder of the day to attend a funeral.

ACTING SPEAKER HOSEY IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

S. 559--RECOMMITTED

The following Bill was taken up:

S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
Reps. F. N. SMITH and LEACH proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20684SD03), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 6-1-125. Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170, the ability to call for or conduct advisory or binding referenda regarding its activities shall rest solely with the governing board of the political subdivision and the governmental bodies which appoint the board, including a county legislative delegation."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LEACH explained the amendment.

POINT OF ORDER

Rep. KENNEDY raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 4077--RECOMMITTED

The following Bill was taken up:

H. 4077 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-39-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD USED FOR CALCULATING THE UNEARNED SERVICE CHARGE REFUND IF THE BORROWER CANCELS BEFORE MATURITY OF A PREMIUM SERVICE AGREEMENT, SO AS TO CHANGE THE METHOD OF CALCULATING THE AMOUNT OF REFUND.

Rep. TRIPP moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

S. 495--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3613DW03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 7-13-1655. (A) As used in this section, 'voting system' means:

(a) define ballots;

(b) cast and count votes;

(d) maintain and produce audit trail information; and

(2) the practices and associated documentation used to:

(a) identify system components and versions of these components;

(b) test the system during its development and maintenance;

(d) determine specific system changes to be made to a system after the initial qualification of the system; and

(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B) The State Election Commission shall:

(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2) support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3) support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B. Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320. (a) The use of vote recorders may be authorized for use in ~~some~~ absentee precincts in a county ~~without requiring their use in all precincts~~.

(b) ~~Vote recorders of different kinds may be used for different precincts in the same county.~~

(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have ~~any~~ a pecuniary interest in any voting ~~machine~~ system or in the manufacture or sale of any voting ~~machine~~ system."
E. Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F. This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this act.
SECTION 7. Section 56-5-2522 of the 1976 Code is repealed.
SECTION 8. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

Rep. OTT proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3639DW03), which was adopted:
Amend the bill, as and if amended, Section 56-5-5635(D), SECTION 1, page [495-2], by inserting after / Section 29-15-10 / on line 30:
/ , and may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold /.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. LOFTIS moved to table the amendment, which was rejected.

The amendment was then adopted by a division vote of 35 to 25.

Rep. HARRISON proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3638DW03), which was adopted:
Amend the bill, as and if amended, Section 29-15-10, SECTION 3, page [495-5], line 4, by deleting /two/ and inserting / five /.
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

Rep. LOFTIS proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\3643DW03), which was adopted:
Amend the bill, as and if amended, Section 56-5-5635, SECTION 1, page [495-2], by inserting after line 42:
/ (E) The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage. /
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.
The amendment was then adopted.

Rep. HOWARD proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\5591CM03), which was rejected:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. The 1976 Code is amended by adding:

Section 56-5-5636. Notwithstanding another provision of law, within five days of notification of the location of a vehicle, a lien holder must take possession of and recover the vehicle regardless of its condition. /
Renumber sections to conform.
Amend title to conform.

Rep. HOWARD explained the amendment.

Rep. TALLEY moved to table the amendment.

Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:

Yeas 45; Nays 49

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Clark                  Cotty                  Dantzler
Davenport              Duncan                 Edge
Emory                  Gilham                 Hagood
Hamilton               Harrell                Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Koon                   Limehouse
Littlejohn             Mahaffey               Merrill
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Toole                  Tripp
Umphlett               Viers                  Whitmire
Wilkins                Witherspoon            Young

Total--45

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Delleney
Freeman                Govan                  Hayes
J. Hines               M. Hines               Hosey
Howard                 Kirsh                  Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Owens                  Parks
Rivers                 Scott                  Sheheen
Skelton                D. C. Smith            F. N. Smith
Stille                 Thompson               Trotter
Vaughn                 Weeks                  Whipper
White

Total--49

So, the House refused to table the amendment.

Rep. TAYLOR spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. G. BROWN spoke in favor of the amendment.
The amendment was then rejected by a division vote of 40 to 40.

Rep. HARRELL proposed the following Amendment No. 8 (Doc Name COUNCIL\DKA\3649DW03), which was adopted:
Amend the bill, as and if amended, Section 56-5-5630(a)(2), SECTION 4, page [495-6], by inserting at the end of line 23 / If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service would accept if the owner of the vehicle had requested his vehicle towed. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Barfield               Battle                 Bingham
Bowers                 Branham                G. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Rivers                 Sandifer               Scarborough
Sheheen                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--103

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4324--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

Rep. RICE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3641DW03), which was adopted:
Amend the bill, as and if amended, Section 57-23-810, SECTION 1, page 1, by striking on line 27 / Anderson / and inserting / Anderson, Greenville, /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. RICE explained the Bill.

Rep. SCARBOROUGH moved to commit the Bill to the Committee on Ways and Means.

Rep. TOWNSEND moved to table the motion, which was agreed to.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 95; Nays 1

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Battle                 Bingham                Bowers
Branham                G. Brown               R. Brown
Cato                   Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Gilham                 Gourdine               Govan
Hagood                 Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Rivers                 Sandifer               Scott
Sheheen                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--95

Those who voted in the negative are:

Scarborough

Total--1

So, the Bill, as amended, was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

H. 3231--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 3, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3231:

H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M. A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E. H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D. C. Smith, McLeod, Thompson and J. E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.

Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. GILHAM, SINCLAIR and LUCAS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 43, H. 3041 by a vote of 20 to 24.

(R43) H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: AN ACT TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE OR AT LEAST FORTY PERCENT VISIBLE INTERNATIONAL ORANGE, AND TO PROVIDE EXCEPTIONS.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 101, H. 3436 by a vote of 46 to 0.

(R101) H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: AN ACT TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 108, H. 4091 by a vote of 46 to 0.

(R108) H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, 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.
Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Branton, O'Dell and Setzler of the Committee of Conference on the part of the Senate on S. 28:

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

Very respectfully,
President
Received as information.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4373 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE.
Referred to Committee on Labor, Commerce and Industry

H. 4378 (Word version) -- Rep. Martin: A BILL TO AMEND SECTION 8-11-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE PAY INCREASES FOR STATE EMPLOYEES, SO AS TO PROVIDE FOR A MINIMUM INCREASE OF THREE PERCENT, BEGINNING IN FISCAL YEAR 2004-2005, FOR AN EMPLOYEE WHO MEETS OR EXCEEDS PERFORMANCE REQUIREMENTS, TO PROVIDE THAT A STATE AGENCY MAY FUND AN INCREASE IN EXCESS OF THREE PERCENT FOR AN EMPLOYEE WHO EXCEEDS OR SUBSTANTIALLY EXCEEDS PERFORMANCE REQUIREMENTS, AND TO PROVIDE FOR ADJUSTMENT OF THE THREE PERCENT INCREASE TO REFLECT FUNDING BY THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means

H. 4379 (Word version) -- Reps. Edge and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, TO CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4374 (Word version) -- Rep. J. R. Smith: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO HAZEL JOHNSON DANIELS SANDERS OF AIKEN COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON MONDAY, DECEMBER 8, 2003, AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4375 (Word version) -- Reps. G. M. Smith, Weeks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. JACQUELINE "JACKIE" MCLENDON STEELE ON MAY 26, 2003, AND EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4376 (Word version) -- Reps. J. H. Neal, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING THE BIENNIAL REUNION OF THE "REESE, REEVES, ROSE" FAMILY IN COLUMBIA IN CELEBRATION AND HONOR OF THEIR ROOTS ESTABLISHED IN THE ARTHURTOWN AND LITTLE CAMDEN AREAS TWO HUNDRED YEARS AGO.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4377 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 17A IN DORCHESTER COUNTY FROM LUDEN DRIVE TO OLD ORANGEBURG ROAD AS THE "WILLIAM BOLAND BELL AND MARION EUGENE WRIGHT II HIGHWAY" IN HONOR OF THESE LAW ENFORCEMENT OFFICERS WHO LOST THEIR LIVES IN THE LINE OF DUTY, AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "WILLIAM BOLAND BELL AND MARION EUGENE WRIGHT II HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4380 (Word version) -- Reps. Quinn, Huggins and E. H. Pitts: A HOUSE RESOLUTION TO CONGRATULATE THE TOWN OF IRMO ON THE OCCASION OF THE THIRTIETH ANNIVERSARY OF THE IRMO OKRA STRUT FESTIVAL AND TO COMMEND THE IRMO OKRA STRUT FESTIVAL COMMISSION FOR THEIR WONDERFUL CONTRIBUTIONS TO THEIR COMMUNITY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4381 (Word version) -- Reps. Quinn, Huggins and E. H. Pitts: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF IRMO ON THE OCCASION OF THE THIRTIETH ANNIVERSARY OF THE IRMO OKRA STRUT FESTIVAL AND TO COMMEND THE IRMO OKRA STRUT FESTIVAL COMMISSION FOR THEIR WONDERFUL CONTRIBUTIONS TO THEIR COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

S. 194--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. COOPER moved to reconsider the vote whereby the following Bill was given a second reading, which was taken up and agreed to:

Rep. COOPER proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22269HTC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 9-1-1790(A) of the 1976 Code, as last amended by act 25 of 2001, is further amended to read:

"(A) A retired member of the system who has been retired for at least ~~sixty~~ fifteen consecutive calendar days may return to employment covered by the system and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than ~~sixty~~ fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member." /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 588--ORDERED TO THIRD READING

The following Bill was taken up:

Reps. F. N. SMITH and LEACH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5593CM03), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. The 1976 Code is amended by adding:

"Section 6-1-125. Notwithstanding any other provision of law, for political subdivisions of this State that were created to operate hospitals on a local or regional basis, which receive Medicaid funds to directly provide health care services, and whose governing body is not a county board, committee, or commission within the meaning of Section 4-9-170, the ability to call for or conduct advisory or binding referenda regarding its activities shall rest solely with the governing board of the political subdivision and the governmental bodies which appoint the board, including a county legislative delegation."
SECTION __. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. F. N. SMITH explained the amendment.

POINT OF ORDER

Rep. KENNEDY raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. VAUGHN explained the Bill.

The Bill was read the second time and ordered to third reading.

S. 34--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1659MM03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Article 15, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1655. (A) As used in this section, 'voting system' means:

(a) define ballots;

(b) cast and count votes;

(d) maintain and produce audit trail information.

(2) the practices and associated documentation used to:

(a) identify system components and versions of these components;

(b) test the system during its development and maintenance;

(d) determine specific system changes to be made to a system after the initial qualification of the system; and

(e) make available materials to the voter, such as notices, instructions, forms, or paper ballots.

(B) The State Election Commission shall:

(1) approve and adopt one voting system to be used by authorities charged by law with conducting elections;

(2) support the authorities charged by law by providing training for personnel in the operation of the voting system approved and adopted by the commission; and

(3) support all aspects of creating the ballots and the database of the voting system which is approved and adopted.
B. Section 7-13-1320 of the 1976 Code is amended to read:

"Section 7-13-1320. (a) The use of vote recorders may be authorized for use in ~~some~~ absentee precincts in a county ~~without requiring their use in all precincts~~.

(b) ~~Vote recorders of different kinds may be used for different precincts in the same county.~~

(D) ~~Any~~ A person or company who seeks approval for any type of voting ~~machine~~ system in this State ~~must~~ shall file with the State Election Commission a list of all states or jurisdictions in which that voting ~~machine~~ system has been approved for use. This list must state how long the ~~machine~~ system has been used in the state; contain the name, address, and telephone number of that state or jurisdiction's chief election official; and disclose any reports compiled by state or local government concerning the performance of the ~~machine~~ system. The vendor is responsible for filing this information on an ongoing basis.

(J) No A member of the State Election Commission, county election commission, custodian, or member of a county governing body may not have ~~any~~ a pecuniary interest in any voting ~~machine~~ system or in the manufacture or sale of any voting ~~machine~~ system."
E. Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.
F. This section takes effect upon approval by the Governor and when funding is available to implement the requirements of this section./
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. TROTTER.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STEWART a leave of absence for the remainder of the day.

H. 3649--DEBATE ADJOURNED

Rep. HUGGINS moved to adjourn debate upon the following Bill, which was adopted:

H. 3489--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22178HTC03), which was adopted:
Amend the bill, as and if amended, page 4, by striking SECTION 1 and inserting:
/ SECTION 1. Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245. (A) In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply. In addition to taxes imposed pursuant to the provisions of Sections 12-33-230, 12-33-240, Chapter 36 of Title 12, and Article 5, Chapter 33, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor by the drink for on-premises consumption in establishments licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State.

(B) Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer ~~shall~~ must allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purpose." /
Amend further, by adding six sections at the end appropriately numbered to read:
/ SECTION ____. Section 61-6-1500 of the 1976 Code is amended to read:

"Section 61-6-1500. No retail dealer may:

(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

~~(2)~~ ~~own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;~~

~~(3)~~ sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors: (a) between the hours of 7:00 p.m. and 9:00 a.m.; (b) for consumption on the premises; (c) to a person under twenty-one years of age; (d) to an intoxicated person; or (e) to a mentally incompetent person;

~~(4)~~(2) permit the drinking of alcoholic liquors in his store or place of business;

~~(5)~~(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if: (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors, and (b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or

~~(6)~~(4) redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

The provisions of this section relating to quantities of less than two hundred milliliters do not apply to (1) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption or (2) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section or his agent to refill a minibottle. A person who violates this provision ~~must~~ may, upon conviction, have his license revoked permanently.

~~A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.~~

~~It is unlawful to sell minibottles except during lawful hours of operation.~~

A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph, 'a person licensed under Article 5 of this chapter' includes his designated agent as a purchaser."
SECTION ____. The 1976 Code is amended by adding:

"Section 61-6-1640. No person licensed under this article, including his agent, shall substitute any other brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both."
SECTION ____. The 1976 Code is amended by adding:

"Section 61-6-1650. (A) No licensee or his agent shall knowingly and wilfully refill, partially refill, or reuse any bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of any such bottle.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(1) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(2) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(C) In addition to the penalties set forth in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(D) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION ____. Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2400. Alcoholic liquors sold ~~in minibottles~~ by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION ____. Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2600. Except as otherwise provided in this title, A a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions ~~thereof~~ of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of any tax levied on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12, or who violates any other provision of this article must:

(1) for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2) for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3) for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently; or

(4) for a violation involving the avoidance of taxes, ~~a fine of~~ be fined not less than one thousand dollars and permanent revocation of his license."
SECTION ____. The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit. /
Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.

Rep. KIRSH spoke against the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9871SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2250. A person licensed to sell alcoholic liquors pursuant to the provisions of this article shall serve a drink from a sealed container of not more than two ounces, which contains not more than 1.25 ounces of alcoholic beverage." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 57 to 19.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\9872SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2260. A person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this article must use a standard measuring device of not more than 1.25 ounces in preparing alcoholic liquors by the drink. A patron must not be served an alcoholic drink containing more than 1.25 ounces by the drink." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.
Rep. KIRSH spoke in favor of the amendment.

Rep. COTTY moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\9873SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2270. A person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this article may not offer drinks on a two-for-one or other discounted price basis." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\9874SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2280. A person licensed to sell alcoholic liquor by the drink shall maintain on the licensed premises an inventory manifest listing the date and location of purchase of the bottles of alcoholic liquors used to pour drinks. This manifest must be available for inspection while the licensed premises is open for business." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. COTTY moved to table the amendment.

Rep. RICE demanded the yeas and nays which were taken, resulting as follows:

Yeas 48; Nays 44

Those who voted in the affirmative are:

Allen                  Altman                 Battle
Bingham                R. Brown               Ceips
Chellis                Clark                  Clemmons
Clyburn                Cotty                  Edge
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Herbkersman
M. Hines               Hinson                 Huggins
Keegan                 Kennedy                Koon
Limehouse              Lourie                 Mack
Mahaffey               McCraw                 Merrill
Miller                 E. H. Pitts            Quinn
Rivers                 Scarborough            Skelton
F. N. Smith            G. R. Smith            J. R. Smith
Snow                   Stille                 Taylor
Toole                  Umphlett               Viers
Weeks                  Whipper                Witherspoon

Total--48

Those who voted in the negative are:

Anthony                Bales                  Bowers
Cato                   Coates                 Cooper
Davenport              Delleney               Duncan
Emory                  Freeman                Frye
Govan                  Hosey                  Howard
Kirsh                  Leach                  Littlejohn
Lucas                  Martin                 McLeod
J. H. Neal             Neilson                Owens
Perry                  Pinson                 M. A. Pitts
Rice                   Richardson             Scott
Sheheen                Simrill                Sinclair
D. C. Smith            G. M. Smith            J. E. Smith
Talley                 Thompson               Townsend
Tripp                  Trotter                White
Wilkins                Young

Total--44

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\9875SL03), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2290. A person licensed to sell alcoholic liquor pursuant to the provisions of this article must display in plain view above the bar the bottles of liquor used for pouring alcoholic liquor by the drink." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. COTTY moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 55; Nays 50

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Bowers                 R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cotty                  Edge                   Gilham
Gourdine               Govan                  Hagood
Harrell                Harrison               Herbkersman
M. Hines               Hosey                  Huggins
Keegan                 Kennedy                Koon
Lee                    Limehouse              Lourie
Mack                   Miller                 Owens
Parks                  E. H. Pitts            Rice
Rivers                 Sandifer               Sinclair
Skelton                F. N. Smith            G. R. Smith
J. R. Smith            Snow                   Stille
Taylor                 Toole                  Tripp
Umphlett               Viers                  Weeks
Whipper                Whitmire               Wilkins
Witherspoon

Total--55

Those who voted in the negative are:

Altman                 Anthony                Bales
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Emory                  Freeman                Frye
Hamilton               Hayes                  J. Hines
Hinson                 Howard                 Kirsh
Leach                  Littlejohn             Lloyd
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McLeod
Merrill                Moody-Lawrence         J. H. Neal
Neilson                Ott                    Perry
Pinson                 M. A. Pitts            Quinn
Richardson             Scarborough            Scott
Sheheen                Simrill                D. C. Smith
G. M. Smith            W. D. Smith            Talley
Thompson               Trotter                Vaughn
White                  Young

Total--50

So, the amendment was tabled.

Rep. COTTY proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20725SD03), which was adopted:
Amend the bill, as and if amended, in Section 12-33-245 of the 1976 code, as contained in SECTION 1, by adding a new subsection (C) to read:
/ (C) Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2003-2004 for educational, prevention, and other purposes, must receive at least the same amount of revenues from the combination of minibottle tax revenues and liquor by the drink revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2003-2004. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year." /
Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COTTY continued speaking.
Rep. COTTY spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. KIRSH spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.

Rep. SCOTT moved to table the amendment.

Rep. COTTY demanded the yeas and nays which were taken, resulting as follows:

Yeas 20; Nays 82

Those who voted in the affirmative are:

Battle                 Bingham                J. Brown
R. Brown               Frye                   Hamilton
Hayes                  Howard                 Kirsh
Littlejohn             Loftis                 J. H. Neal
Perry                  Pinson                 Richardson
Scott                  Sheheen                Thompson
Toole                  Walker

Total--20

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bales                  Barfield               Bowers
Branham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Gilham                 Govan
Hagood                 Harrell                Harrison
Haskins                Herbkersman            M. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kennedy                Koon
Leach                  Limehouse              Lloyd
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McLeod
Merrill                Miller                 Moody-Lawrence
Neilson                Ott                    Owens
Parks                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stille
Talley                 Taylor                 Trotter
Umphlett               Vaughn                 Viers
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--82

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name COUNCIL\GJK\20734SD03), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Section 61-2-80 of the 1976 Code, as last amended by an Act of 2003 bearing ratification number 92, is further amended to read:

"Section 61-2-80. (A) The State, through the department, is the ~~sole and~~ exclusive authority empowered to regulate the operation of all locations authorized to sell beer, wine, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title.

(B)(1) A municipality or county or other local governmental or quasi-governmental entity of the State may not ban, prohibit, or otherwise regulate the possession, sale, use, or consumption of tobacco or tobacco products at a location holding a valid license issued by the department to possess, sell, or serve beer, wine, or alcoholic liquors.

(2) A violation of this subsection subjects the offending entity to ineligibility to receive state funds in the form of aid to subdivisions, or otherwise, and requires forfeiture of funds received as of the effective date of its attempted regulation, by ordinance or otherwise, of tobacco sale, possession, or use in the licensed location.

(3) This subsection does not limit or restrict the licensee's right to establish conditions on the use of tobacco as the licensee determines, including the prohibition or restriction of the use of tobacco products on the premises.

(C) ~~Nothing contained in~~ This section ~~may be considered as prohibiting~~ does not prohibit judicial appeals from decisions of the administrative law judge division, as authorized by Chapter 23 of Title 1, ~~nor as limiting~~ or limit the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department." /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. COTTY raised the Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.
Rep. ALTMAN argued contra.
SPEAKER WILKINS stated that the amendment dealt with the regulation of tobacco use and the Bill dealt with mini-bottles and the free-pour of alcohol. He stated that the amendment did not meet the substantial effect requirement of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 94; Nays 10

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
G. Brown               J. Brown               R. Brown
Ceips                  Chellis                Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hosey                  Howard
Huggins                Keegan                 Kennedy
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Rivers                 Sandifer               Scarborough
Sheheen                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon

Total--94

Those who voted in the negative are:

Frye                   Kirsh                  Koon
Merrill                Perry                  Richardson
Rutherford             Scott                  Simrill
Thompson

Total--10

So, the Bill, as amended, was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. J. BROWN moved that the House recur to the Morning Hour, which was agreed to.

H. 4269--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration:

H. 4269 (Word version) -- Reps. Cobb-Hunter, Ott and Rhoad: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS THREE, FOUR, AND FIVE MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

REPORT OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4377--ADOPTED AND SENT TO THE SENATE

On motion of Rep. CHELLIS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

Whereas, Officer William Boland Bell of the Summerville Police Department and Officer Marion Eugene Wright II of the Berkeley County Sheriff's Department tragically lost their lives in the line of duty while helping a disabled motorist. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the portion of South Carolina Highway 17A in Dorchester County from Luden Drive to Old Orangeburg Road as the "William Boland Bell and Marion Eugene Wright II Highway" and to erect appropriate signs or markers along this portion of the highway containing the words "William Boland Bell and Marion Eugene Wright II Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4382 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-65 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO INTENTIONALLY ABANDON A DOG ON PUBLIC OR CERTAIN PRIVATE PROPERTY OR FAILS TO REPORT THE DOG AS LOST TO A LOCAL LAW ENFORCEMENT AGENCY.
Rep. J. H. NEAL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TRIPP objected.
Referred to Committee on Judiciary

H. 4383 (Word version) -- Reps. Koon and Frye: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO CHARGE PRIVATE ENTITIES FOR TESTING AND CERTIFYING AGRICULTURAL PRODUCTS AND TO RETAIN THIS REVENUE TO OFFSET EXPENSES INCURRED IN PROVIDING THIS SERVICE; TO AMEND SECTION 39-9-65, RELATING TO THE DEPARTMENT OF AGRICULTURE REGISTERING SERVICEPERSONS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR REGISTRATION FEE, THE REVENUE FROM WHICH MUST BE USED BY THE DEPARTMENT TO ADMINISTER THIS REGISTRATION PROGRAM; TO AMEND SECTION 39-9-68, RELATING TO RESPONSIBILITIES OF THE DEPARTMENT OF AGRICULTURE IN CONNECTION WITH WEIGHTS AND MEASURES SO AS TO REQUIRE THE DEPARTMENT TO CHARGE FEES FOR CALIBRATIONS PERFORMED FOR PRIVATE ENTITIES AND TO RETAIN THIS REVENUE TO OFFSET EXPENSES FOR PROVIDING THIS SERVICE; TO AMEND SECTION 39-22-150, AS AMENDED, RELATING TO THE WAREHOUSE RECEIPTS GUARANTY FUND, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE MAY RETAIN AND EXPEND FIFTY-THOUSAND DOLLARS FROM THE FUND AS NECESSARY TO ADMINISTER THE FUND; AND TO AMEND SECTION 46-21-40, RELATING TO LICENSE TAXES ON CERTAIN AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS OFFERED FOR SALE AND LICENSES TO CONDUCT SUCH BUSINESS, SO AS TO ESTABLISH A SLIDING FEE SCALE FOR THE ISSUANCE OF THESE LICENSES BASED ON THE PER YEAR DOLLAR VOLUME OF THE GROSS BUSINESS RECEIPTS OF THE APPLICANT AND TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE SHALL RETAIN THE REVENUE FROM THESE FEES, OTHER THAN THAT REMITTED TO THE GENERAL FUND OR STATE TREASURER, FOR CERTAIN EXPENDITURES.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

The following was introduced:

H. 4384 (Word version) -- Reps. Miller, Battle, Allen, Altman, Anthony, Bailey, Bales, Barfield, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE LIBRARY AND THE STATE'S PUBLIC LIBRARIES FOR SPONSORING A STATEWIDE READING PROGRAM IN 2003 WITH THE THEME "BOOKS AHOY" THAT IS DESIGNED TO ENCOURAGE CHILDREN TO USE THEIR SUMMER VACATION TIME TO ENHANCE THEIR READING SKILLS AND TO EXPAND THEIR PERSONAL READING INTERESTS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4385 (Word version) -- Rep. Simrill: A HOUSE RESOLUTION TO CONGRATULATE RON KANE OF YORK COUNTY ON BEING NAMED THE 2003 PLANT MANAGER OF THE YEAR BY THE NATIONAL SCHOOL PLANT MANAGERS ASSOCIATION, TO COMMEND HIM FOR HIS HARD WORK, DEDICATION, AND COMMITMENT TO PUBLIC SERVICE AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4386 (Word version) -- Rep. Sinclair: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF RALEIGH W. BLACKMAN, SR., OF WOODRUFF SUNDAY, MAY 4, 2003, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4387 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION TO CONGRATULATE LLOYD DEAN TUCKER UPON HIS RETIREMENT FROM THE STATE TRANSPORT POLICE AFTER MORE THAN FIFTEEN YEARS OF SERVICE, TO COMMEND HIM FOR HIS HARD WORK AND DEDICATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

H. 3612--REQUESTS FOR DEBATE

Reps. BALES, WALKER, LITTLEJOHN, HAYES and LEACH withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. HINSON, PERRY, NEILSON and TOOLE:

RECURRENCE TO THE MORNING HOUR

Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.

H. 3530--ORDERED COMMITTED TO THE COMMITTEE ON LABOR, COMMERCE AND INDUSTRY,
PURSUANT TO RULE 4.8

The SPEAKER, citing Rule 4.8, ordered the following Bill committed to the Committee on Labor, Commerce and Industry:

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

S. 477--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 477:

Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LUCAS, G. M. SMITH and COLEMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Martin and Hutto of the Committee of Conference on the part of the Senate on H. 3231:

Very respectfully,
President
Received as information.

MOTION NOTED

Rep. HINSON moved to reconsider the vote whereby S. 356 (Word version), as amended, was given a second reading and the motion was noted.

MOTION NOTED

Rep. HINSON moved to reconsider the vote whereby H. 4324 (Word version), as amended, was given a second reading and the motion was noted.

Rep. YOUNG moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 6:15 p.m. the House, in accordance with the motion of Rep. PERRY, adjourned in memory of Paul M. Vucish of Aiken, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 3:31 P.M.