Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, ours is such a lovely corner of the earth, right now. Hear words from the 19th Psalm:

"The heavens are telling the glory of God; and the firmament proclaims His handiwork...

In the heavens He has set a tent for the sun..."
Let us pray.

Father, when we realize that the volume of the sun is 1 million times the volume of the earth, we wonder, when we study perspectives, why You are at all interested in the prayers of us mortals.

But Jesus says, "Pray."

So, Father, we do pray!

With the world so beautiful, cradled beneath the sun of which the psalmist said, "You have set up a tent for the sun," please help us to try to match nature's glory and grandeur with some beauty of human kindness and a bit of brotherhood with a little bit of faith, hope and love thrown in for good measure!

Thank You!
Amen!

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

H. Wayne Copeland, 203 W. Pitts Street, Clinton, S.C. 29325

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Debra C. Dawkins, 304 Dixon Road, Lancaster, S.C. 29720

Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bart S. McGuire, 407 S. Cambridge Street, Ninety Six, S.C. 29666

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gregory P. Sloan, 211 West Liberty Street, Winnsboro, S.C. 29180 VICE Marion C. Smith

Reappointment, Chester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

R. Lonnie Sloan, P. O. Box 1065, Chester, S.C. 29706

Senator GIESE introduced Dr. Robert Brian Huff of Columbia, S.C., Doctor of the Day.

At 12:30 P.M., Senator RICHARDSON requested a leave of absence beginning at 2:00 P.M. today and lasting until Tuesday at 10:00 A.M.

Senator HOLLAND rose for an Expression of Personal Interest.

Mr. PRESIDENT and members of the Senate.

It takes a lot of courage, if I have any, to say what I'm going to say this morning, but I want to talk to you about putting the tax on cigarettes to help the needy and the elderly people and to help younger people. This is a personal thing for me and I want to tell you for this reason. I had a brother-in-law who was a person of, I thought, right well means. He had to go into the Karesh Wing, which is a medical care facility over at home. He exhausted in a period of about five years everything that he had owned on a method of caring to pay for his own health. But before that I had a sister named Maxine who was a rural mail carrier. At a right young age she exhausted everything that she had inherited. She went in the Karesh Wing when she was 47 years old with Alzheimer's. She's been there 15 years and everything that she owned and her husband owned has been used to try to keep her there. Then my older sister, who is 85 years old, had to go into the Karesh Wing about three years ago. I just want to tell you that the way the Karesh Wing is handled, there are no exceptions. You either wait on the list, maybe three or four years before you get there - and my older sister has only been there about a year and a half or two years - but there is a great possibility that she will be taken out of there.

I know this doesn't affect any of you gentlemen who signed this pledge that you're not going to put any tax on anything, but I'm desperate. A lady called me this morning talking about her mother. Her mother is trying to get in to the Karesh Wing but on the application, lives now for over two years, they show no partiality regardless of who calls. I called Johnny Weeks who is the manager of that hospital this morning. He only has 30 days left before July 1, that we can get any money for those people. So this lady doesn't have much of a chance to getting in, and God knows she's got to go somewhere. She is presently in the Kershaw County Hospital waiting some place to be assigned. If some nursing home has Medicaid days left, they'll take her.

I know I'm not touching any of you who have made up your mind you're not going to vote to do anything for these type of people. I hated to bring it home personally to you. I'm 75 years of age and these people have used up everything they've had and they were personally some one, and they are there now on Medicaid. I just think that the necessity is such that I should bring this matter to your attention. This lady, this morning, they don't know where they're going to send her because Mr. Weeks said that they only had 30 Medicaid days left before July 1, and so she is in the hospital and we don't know where we're going to move her. I hate to have to tell you but there are a lot of people of some means who have used every dime they've got. Get interested in a nursing home or a rest home one time and see what it costs per week to stay there. Every penny you save, they gave. I know property over at home that's being sold so somebody can stay in a nursing home. I hate to bring this to your attention, but I don't see how in the name of heaven we can leave here without taxing cigarettes. As Senator SMITH has said, we need to get this money.

If you have been exposed to it like I have been, you might change your mind. I'm sorry that it has come to me in my life and as a person of some means, I could go into a nursing home, but I guarantee it won't be that ten years or five years where every penny you've got will be gone. But the Lord has provided a method through hospitalization and accepted that we might still live. But what are they going do to you? A fellow told me this morning that he went out to talk about getting into Karesh Wing and he said they had already rolled one lady out and she had to find a place to go. Now where in the name of heaven is she going?
If you haven't been subjected to those type of problems, you better listen to what I'm talking about. You would wonder, what in the world have we done down here that we will not increase the cigarette tax to help those people. You might think your tax pledge or no taxes or whatever it is - is the right thing to do, but I've been here for about 54 years, and I have never taken any oath not to increase taxes. It's urgent and the problems demand it. People live longer than they did before and they need some aid and some help.

I was hoping that there was some way we could reconsider or find some other piece of legislation we could tie the increase of the cigarette tax on because that money is urgently needed. If you don't believe it's needed, you need to get subjected to the problems those people have. You can be callous and say that, "Well, that's their problem" but, God knows if you've given every penny you've got, every penny you've ever earned, what do you do? The medium income families are working, usually both of them, every day if they get a job, to look after their parents or their kindred and there's no means to do it.

I just hope that my remarks didn't run too long, but I rode over here this morning and I said to myself, if I get the floor of the Senate one more time, I'll tell you that something needs to be done and where better to go than to increase the cigarette tax so we won't have to worry about getting funds to get the federal government match. I'm sorry I had to tell you those things, but it's very personal to me. I would increase the cigarette tax, and I've always voted to increase the sales tax to deal with emergencies. I came here when Jimmy Byrnes was Governor and we put on a 3¢ sales tax, and Lord knows I thought I was going to get defeated the next time, but when they began to realize what was needed for our State, then I've been re-elected ever since. I think that you've got to meet the problems when the problems come up and take the criticism, whatever it might be.

Thank you so much for listening to me.

On motion of Senator J. VERNE SMITH, with unanimous consent, Senator HOLLAND's remarks were ordered printed in the Journal.

H. 3806 (Word version) -- Reps. Neilson, Lucas and J. Hines: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE DARLINGTON 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 LENGTH OF THE SCHOOL TERM.

Senator MALLOY asked unanimous consent to make a motion to recall the Bill from the Committee on Education and ordered the Bill placed on the Calendar for consideration on the next legislative day.

There was no objection.

The Bill was recalled from the committee.

On motion of Senator MALLOY, with unanimous consent, the Bill was read the second time.

On motion of Senator MALLOY, with unanimous consent, H. 3806 was ordered to receive a third reading on Friday, May 30, 2003.

H. 4307 (Word version) -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT WORK THAT LOCKSMITHS IN SOUTH CAROLINA PERFORM AND TO DECLARE THE FIRST MONDAY OF OCTOBER OF EACH YEAR AS "PROFESSIONAL LOCKSMITH'S DAY" TO BE PART OF THE CELEBRATION OF NATIONAL CRIME PREVENTION MONTH.

Senator MESCHER asked unanimous consent to make a motion to recall the Concurrent Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar.

H. 4279 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION DESIGNATING THE SQUEALIN' ON THE SQUARE FESTIVAL IN THE CITY OF LAURENS AS "THE KANSAS CITY BARBEQUE SOCIETY (KCBS) STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE" ANNUALLY.

Senator MESCHER asked unanimous consent to make a motion to recall the Concurrent Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the Committee and ordered placed on the Calendar.

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar.

On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4268 (Word version) -- Rep. Duncan: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN LAURENS COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar.

H. 4285 (Word version) -- Reps. Battle and M. Hines: 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 DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD 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.

Senator GLOVER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

Senator RANKIN objected.

H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

Senator FAIR asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.

Senator GLOVER objected.

The following were introduced:

S. 728 (Word version) -- Senators Hutto and Matthews: A SENATE RESOLUTION TO CONGRATULATE THE ORANGEBURG PREPARATORY SCHOOL INDIANS BOYS TRACK TEAM AND THEIR COACH, DON SHELLEY, ON WINNING THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS AAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THE SEASON.
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The Senate Resolution was adopted.

S. 729 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE DR. STEVE AARON WILSON OF COLUMBIA ON BEING NAMED SECONDARY PRINCIPAL OF THE YEAR FOR THE STATE OF SOUTH CAROLINA, TO COMMEND HIM FOR HIS THIRTY YEARS OF DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA AND TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 730 (Word version) -- Senators Reese, McConnell, Ford, Moore, Anderson, Ritchie, Knotts, Land, Verdin, O'Dell, Mescher, Holland, Setzler, Patterson, Peeler, Glover, Drummond, Matthews, Alexander, Fair and Branton: A CONCURRENT RESOLUTION TO DEMONSTRATE THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO SMALL BUSINESS OWNERS IN THIS STATE, TO EMPHASIZE THE IMPORTANCE OF SMALL BUSINESSES ON THE STATE'S ECONOMY, AND TO URGE THE SOUTH CAROLINA BUDGET AND CONTROL BOARD, ALL STATE AGENCIES, ALL PUBLICLY FUNDED INSTITUTIONS, AND ALL LOCAL UNITS OF GOVERNMENT TO DEVELOP A CENTRAL REPOSITORY FOR ALL CONTRACTS ENTERED INTO BY THESE ORGANIZATIONS FOR THE PURPOSE OF DOCUMENTING EFFORTS BY THESE GROUPS TO DO BUSINESS WITH SMALL BUSINESSES OWNED BY SOUTH CAROLINA RESIDENTS.
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The Concurrent Resolution was introduced and referred to the Committee on Finance.

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 732 (Word version) -- Senators Pinckney, J. Verne Smith, Leventis and Anderson: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE RATHER THAN ALLOW THE TAX ASSESSOR, COUNTY TREASURER, AND COUNTY AUDITOR TO DIVIDE A DIVISIBLE PARCEL OF REAL PROPERTY FOR PURPOSES OF THE DELINQUENT TAX SALE AND OFFER A PORTION OF THE PARCEL SUFFICIENT TO SATISFY THE PAYMENT OF THE TAXES, ASSESSMENTS, PENALTIES, AND COSTS.
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Senator PINCKNEY spoke on the Bill.

Read the first time and, on motion of Senator PINCKNEY, with unanimous consent, S. 732 was ordered placed on the Calendar without reference.

On motion of Senator PINCKNEY, with unanimous consent, the Bill was ordered to receive a second reading with notice of general amendments on the next legislative day.

S. 733 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY S-27-13 IN JASPER COUNTY FROM ITS INTERSECTION WITH U. S. HIGHWAY 17 TO ITS INTERSECTION WITH U. S. HIGHWAY 462 AS THE "MARTIN LUTHER KING, JR. PARKWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. PARKWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 734 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 56-5-2780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE USED TO ESTABLISH SCHOLARSHIPS AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE AND THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO TRAIN MEDICAL STUDENTS IN THE FIELD OF TRAUMA MEDICINE.
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Read the first time and referred to the Committee on Judiciary.

S. 735 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE FOR THE RETURN OF THE GENERAL ASSEMBLY AND FOR THE MATTERS IT MAY CONSIDER ON SUCH RETURN WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 2003, NOT LATER THAN 5:00 P.M.,
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On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3254 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE SCHOOL 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.

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

H. 3370 (Word version) -- Reps. J. M. Neal and Emory: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, 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.

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

H. 3385 (Word version) -- Reps. Sheheen and Cotty: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE KERSHAW 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 LENGTH OF THE SCHOOL TERM.

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

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Education and place the Bill on the Calendar for consideration.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar.

On motion of Senator HOLLAND, H. 3385 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3403 (Word version) -- Reps. Delleney, Coleman and McCraw: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF CHESTER COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OR GOVERNING BODY OF THAT 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.

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

H. 3443 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE CHESTERFIELD 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 LENGTH OF THE SCHOOL TERM.

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

H. 3470 (Word version) -- Rep. Frye: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SALUDA SCHOOL DISTRICT ONE 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.

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

H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3739 (Word version) -- Reps. Ceips, Whipper, M. A. Pitts, Altman, Anthony, Bailey, Battle, Cato, Clark, Dantzler, Duncan, Emory, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Kirsh, Koon, Leach, Littlejohn, Mahaffey, Martin, McCraw, Miller, J. M. Neal, Phillips, Pinson, Rhoad, Richardson, Sinclair, Umphlett, Whitmire, Lourie and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROVIDE THAT THE OPERATOR OF A MOTOR VEHICLE MUST ACTIVATE THE VEHICLE'S INTERIOR LIGHTS WHEN STOPPED BY A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY FOR A PERSON WHO FAILS TO COMPLY WITH THIS PROVISION.

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

H. 4028 (Word version) -- Reps. Cotty and McGee: A BILL TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.

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

H. 4073 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter and Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAYS 21 AND 78 BYPASS IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 IN HONOR OF EARL MIDDLETON, AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "EARL MIDDLETON HIGHWAY".

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

H. 4280 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN HORRY 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.

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

H. 4281 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.

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

H. 4285 (Word version) -- Reps. Battle and M. Hines: 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 DISTRICTS OF MARION COUNTY MUST BE SET BY THE COUNTY SCHOOL BOARD 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.

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

H. 4286 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY, DESIGNATE 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, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE SPARTANBURG COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF SPARTANBURG COUNTY LEGISLATIVE DELEGATION.

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

H. 4292 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY 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.

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

H. 4315 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. CHRISTINE JOHNSON OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON JUNE 10, 2003, AND TO WISH HER MANY MORE YEARS OF HAPPINESS.

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

H. 4316 (Word version) -- Reps. G. R. Smith and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE THE EXTREME SKILLS AND DETERMINATION OF MR. ZACK SIEFERT OF HILLCREST HIGH SCHOOL IN GREENVILLE COUNTY AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. SIEFERT ON HIS MANY ATHLETIC ACHIEVEMENTS.

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

H. 4319 (Word version) -- Reps. Quinn, E. H. Pitts, Huggins, Koon, Bingham, Frye and Toole: A CONCURRENT RESOLUTION PROUDLY RECOGNIZING AND HEARTILY CONGRATULATING THE POND BRANCH TELEPHONE COMPANY, NOW PBT TELECOM, ON THE ANNIVERSARY OF ITS MODEST BEGINNINGS IN LEXINGTON COUNTY AND ITS ONE HUNDRED-YEAR HISTORY OF PERSONAL SERVICE TO ITS LOCAL CUSTOMERS, COMMUNITIES, AND EMPLOYEES.

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

H. 4322 (Word version) -- Reps. Bowers, Lloyd, R. Brown and McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF FORMER STATE SENATOR AND REPRESENTATIVE JAMES PERSHING "PREACHER" HARRELSON, OF GREEN POND IN COLLETON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4330 (Word version) -- Reps. Wilkins, J. E. Smith, Quinn, Allen, Frye, Hamilton, Haskins, Leach, Loftis, Miller, Rice, Tripp and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HAYWOOD ROAD BRIDGE OVER I-385 IN GREENVILLE COUNTY AS THE "TERRY E. HASKINS MEMORIAL BRIDGE" IN HONOR OF THIS LATE DISTINGUISHED SOUTH CAROLINIAN AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "TERRY E. HASKINS MEMORIAL BRIDGE".

Senator J. VERNE SMITH asked unanimous consent to take up the Resolution for immediate consideration.

There was no objection.

The question was the adoption of the Resolution.

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

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

H. 4331 (Word version) -- Reps. Bowers and Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR HAMPTON COUNTY, ONE OF SOUTH CAROLINA'S MOST HISTORIC AND SCENIC AREAS, ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY.

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

H. 4333 (Word version) -- Reps. McLeod, Bowers, Lloyd and R. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF W. MULLINS McLEOD OF WALTERBORO -- ATTORNEY AT LAW, VIETNAM WAR VETERAN, AND PROMINENT PUBLIC OFFICIAL -- UPON HIS DEATH.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 12 RELATING TO THE INCOME TAX ACT, INCOME TAX WITHHOLDING, AND OTHER RELATED TAX ISSUES; BY ADDING VARIOUS NEW SECTIONS TO TITLE 12; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX. (ABBREVIATED TITLE)

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Townsend, J. M. Neal and Gilham to the Committee of Free Conference on the part of the House on:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Very respectfully,
Speaker of the House

Received as information.

S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

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

Senator RYBERG spoke on the report.

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

Whereupon, Senators RYBERG, HUTTO and RITCHIE were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator RYBERG, the Report of the Committee of Free Conference to S. 342 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

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

That the same do pass with the following amendments: (Reference is to Printer's Version 5/20/03--S.)

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

/   SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-4100.   (A)   The Department of Public Safety may issue special motor vehicle license plates to owners of private passenger motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words 'South Carolina Elks Association'. The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5 and the special fee required by Section 56-3-2020. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Motor Vehicle Division in producing and administering the special license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project.

(C)   Before the Department of Public Safety produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate and, a plan to market the sale of the special license plate must be approved by the department. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.

(D)   If the department receives less than three hundred biennial applications and renewals for the 'South Carolina Elks Association' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."

SECTION   2.   Sections 2 through 21 of this bill may be cited as the Department of Motor Vehicles Reform Act of 2003.

SECTION   3.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-5.   (A)   The South Carolina Department of Motor Vehicles is hereby established as an administrative agency of the state government.

(B)   Upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Vehicle Division and the Motor Carrier Services unit within the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles.

(C)   The Executive Director of the Department of Motor Vehicles shall be appointed by the Governor and confirmed by the Senate. The executive director shall serve at the pleasure of the Governor.

(D)   The executive director is the executive and administrative head of the Department of Motor Vehicles. The executive director shall administer the policies defined by the department and the affairs of the department.

(E)   The executive director may appoint assistants, deputies, and employees as the executive director considers necessary and proper to administer the affairs of the department and may prescribe their duties, powers, and functions.

(F)   The Legislative Audit Council shall conduct an independent review of the Department of Motor Vehicles every three years."

SECTION   4.   (A)   The employees, funds, appropriations, assets, liabilities, bonded indebtedness, if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of the Motor Vehicle Division and the Motor Carrier Services unit, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. All Motor Carrier Services unit systems and resources necessary for the full and proper administration of its current responsibilities including, but not limited to, the International Fuel Tax Agreement, International Registration Plan, Single State Registration System, Certificate of Compliance, and Performance Registration Information System Management are also transferred to the Department of Motor Vehicles. In addition all future Motor Carrier Services unit related responsibilities and functions shall be administered by the Department of Motor Vehicles. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.

(B)   Employees or personnel transferred to the Department of Motor Vehicles pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. If the Department of Public Safety transfers office locations and facilities which it now occupies, then the employees or personnel transferred to the Department of Motor Vehicles shall transfer with the Department of Public Safety to the new locations and facilities unless or until otherwise changed by appropriate action and authorization. The rent and physical plan operating costs of the offices and facilities occupied by the employees and personnel transferred to the Department of Motor Vehicles shall continue to be paid by the Department of Public Safety until otherwise provided by the General Assembly. Any existing contracts or agreements entered into by the Department of Public Safety regarding office locations and facilities of employees or personnel transferred to the department of Motor Vehicles will continue in force and effect and will be binding upon the Department of Public Safety.

(C)   The personnel records and files of the Department of Public Safety shall continue to remain the property of the Department of Public Safety, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the Department of Motor Vehicles.

(D)   Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety transferred to the Department of Motor Vehicles must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.

(E)   The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained.

(F)   The Department of Transportation shall have access, in compliance with all state and federal privacy protection statutes, to the following data and reports maintained by the Department of Motor Vehicles or the Department of Public Safety, or both:

(1)   collision data and collision reports;

(2)   registration information used for toll enforcement; and

(3)   driver records of employees or persons who have applied for employment with the Department of Transportation.

(G)   The Department of Motor Vehicles must implement, in existing branch facilities to be determined by the department, Motor Carrier Services in six locations throughout the State. This shall be implemented six months following the Governor's signature.

The Department of Motor Vehicles will make every effort to begin the process of determining the feasibility of integrating its database with the Motor Carrier Services database.

An interagency advisory council between the State Transport Police and the Motor Carrier Services is to be created to make recommendations to facilitate a smooth and efficient transition and ensure efficient information exchange. This council shall be made up of a representative of the State Transport Police Division appointed by the Director of the Department of Public Safety, a representative of the Motor Carrier Services appointed by the Director of the Department of Motor Vehicles, a representative of the South Carolina Department of Transportation appointed by the Director of the South Carolina Department of Transportation, a member of the motor carrier services industry appointed by the Governor, and a member of the automobile dealers industry appointed by the Governor.   The council must make recommendations to coordinate the deployment of a public/private electronic preclearance weight state bypass system, as approved by the South Carolina General Assembly in 2002.

As federally mandated, the Governor shall designate a lead agency to distribute federal motor carrier safety grants and funds. As federally mandated, this lead agency shall design a plan each year to be submitted to the Federal Motor Carrier Safety Administration for the distribution of funds.

SECTION   5.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-15.   (A)   The Department of Motor Vehicles must enter into contracts with persons, corporations, or governmental subdivisions, including public schools, in localities throughout the State to administer the portion of the driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which the license is sought as contained in Section 56-1-130(A). The department must supervise the provision of services contained in this subsection. The department must supply driver education instructors appropriate testing materials to administer the examinations contained in this section. A person or corporation administering an examination pursuant to this section may charge a fee in excess of the fee charged by the department for the examination.

(B)   The department must randomly test driver's license applicants who successfully complete the driver's license examinations pursuant to subsection (A) to ensure that the driver's license instructors are properly certifying that their students have successfully completed a driver's license examination.

(C)   If through testing or other review procedures, the department determines that a contractor is not conforming to the law and regulations applicable to licensing, it may:

(1)   suspend the authority of a particular individual or entity operating under the contract to administer the tests;

(2)   suspend the contract;

(3)   cancel the contract.

(D)   The department must test randomly a driver's license applicant only at the time the applicant is seeking his initial driver's license at the Department of Motor Vehicles."

SECTION   6.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-125.   (A)   Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Department of Motor Vehicles for the issuance, renewal, or a duplicate copy of:

(1)   a driver's license;

(2)   a commercial driver's license; or

(3)   an identification card.

(B)   The department shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System.

(C)   An individual's submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System information necessary for his registration.

(D)   The department shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law.

(E)   The department shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the department to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian declines the Selective Service System registration, the department may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.

(F)   This section takes effect upon the department's receipt from the federal government of the funds necessary to implement this section."

SECTION   7.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-345.   The Department of Motor Vehicles may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."

SECTION   8.   Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 1-30-90.   The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education, and Motor Vehicle.

(A)   Law Enforcement Hall of Fame, formerly provided for at in Section 23-25-10, et seq.;

(B)   State Highway Patrol, formerly provided for at in Section 23-5-10, et seq.;

(C)   Public Service Commission Safety Enforcement, formerly provided at in Section 58-3-310;

(D)   Law Enforcement Training Council, formerly provided for at in Section 23-23-30, et seq.;

(E)   Public Safety Division, formerly of the Governor's Office;

(F)   The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;

(G)   The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."

SECTION   9.   Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-6-20.   (A)   The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education.

(B)   The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue pursuant to Act 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."

SECTION   10.   Section 23-6-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-6-30.   The department shall have the following duties and powers:

(1)   carry out highway and other related safety programs;

(2) license suspensions and revocations, including related administrative hearings;

(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;

(4)engage in driver training and safety activities;

(5)(3)   enforce the traffic, motor vehicle, commercial vehicle, and related laws;

(6)(4)   enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles;

(7)(5)   operate a comprehensive law enforcement personnel training program;

(8)(6)   promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;

(9)(7)   operate such programs and disseminate information and material so as to continually improve highway safety;

(10)(8)   receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter; and

(11)(9)   do all other functions and responsibilities as required or provided for by law."

SECTION   11.   Section 56-1-10(4) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(4)   'Department' means the Department of Public Safety Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840."

SECTION   12.   Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-1-140.   Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."

SECTION   13.   Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-210.   (A)   Every A license issued or renewed before October 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. A license issued or renewed on or after October 1, 2003, expires on the licensee's birth date on the tenth calendar year in which it is issued. When a person who is sixty-five years of age or older renews his license, the license shall expire five years from the date it was issued.

(B)   Every A license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes.

(C)   The department may renew a driver's license of a resident by mail or electronically upon payment of the required fee, if the renewal is a digitized license.

(D)   No A license may not be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination vision screening is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver's test.

(E)   If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."

SECTION   14.   Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-220.   (a)(A)   Eye examinations shall be Vision screenings are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.

(B)   During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.

(C)   A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision examination from an ophthalmologist or optometrist licensed in any state.

(b)(D)   The renewal license forms distributed by the department shall must be designed so as to contain a certification that the vision of the person examined screened meets the minimum standards required by the department or have been corrected to meet such these requirements. Such The certification shall must be executed by the person conducting the examination screening. Provided, that The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.

(c)(E)   Any A person whose vision is corrected to meet such the minimum standards shall have such the correction noted on his driver's license by the department.

(d)(F)   It shall be is unlawful for any a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of such the correction.

(e)(G)   Unless otherwise provided in this section, any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

SECTION   15.   Section 56-2-2740 of the 1976 Code, as last amended by Act 40 of 1997, is further amended to read:

"Section 56-2-2740.   (A)   The department Department of Motor Vehicles must refuse to renew the driver's license and motor vehicle registration of a person who has not paid personal property taxes within the time limits prescribed in this chapter. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this chapter. Notification of individuals violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.

(B)   The Department of Public Safety department shall issue biennial license plates and revalidation decals. The department may enter into contracts with persons, corporations, or governmental subdivisions to issue license plates and revalidation decals. The department, person, corporation, or governmental subdivision shall give a motor vehicle owner a license plate or revalidation decal for the tax year to for which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.

(C)   All validation decals must be issued for a period not to exceed twelve months.

(D)   A person or corporation that issues license plates or revalidation decals pursuant to this section may charge a fee in excess of the fee charged by the department.

(E)   A governmental subdivision that issues license plates or revalidation decals pursuant to this section may charge a one-dollar fee to defray the expenses associated with the issuance of license plates and revalidation decals.

(F)   The department shall supervise the provision of services contained in this section."

SECTION   16.   Section 56-19-420 of the 1976 Code, as amended by Act 349 of 2002, is further amended to read:

"Section 56-19-420.   (A)   The department shall charge ten fifteen dollars for:

(1)   the issuance of a certificate of title;

(2)   the transfer of a certificate of title; or

(3)   the issuance of a duplicate certificate of title.

(B)   Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:

(1)   the first one million dollars must be allocated to the Department of Education and used to support adult education programs; and

(2)   the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs.

(C)   Notwithstanding any other provision of law, five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed to the Department of Motor Vehicles and used to defray its operational expenses excluding any expense relating to project phoenix."

SECTION   17.   Section 23-6-35 and Article 7, Chapter 6, Title 23 of the 1976 Code are repealed.

SECTION   18.   Wherever the terms Motor Vehicle Division, Motor Vehicles Division, Division of Motor Vehicle, or Division of Motor Vehicles appear in the 1976 Code, they shall mean the Department of Motor Vehicles, when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective. Whenever the term Department of Public Safety appears in the 1976 Code, it shall mean the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means Department of Public Safety otherwise and in Section 56-3-840 and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.

SECTION   19.   It is unlawful for a person to disclose any confidential information which belongs to the Department of Public Safety Motor Vehicle Division to an individual or entity that is not permitted to have access to the information during or after the transfer of the confidential information from the Motor Vehicle Division to the Department of Motor Vehicles. A person who violates a provision contained in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not less than one thousand dollars.

SECTION   20.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-215.   Notwithstanding any other provision of law, if a person's license expires, the person may have his license renewed without taking the road test or a written examination required pursuant to Section 56-1-130 if the person applies for his license renewal within nine months of the expiration of his license."

SECTION   21.   The Department of Motor Vehicles is prohibited from hiring additional employees during the ninety-day period following the effective date of this act, except with the specific written approval of the State Budget and Control Board.

SECTION   22.   Section 29-5-10(a) of the 1976 Code is amended to read:

"(a)   A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or a person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. The costs which may arise in enforcing or defending against the lien under this chapter, including a reasonable attorney's fee, may be recovered by the prevailing party. The fee must be determined by the court in which the action is brought but the fee and the court costs may not exceed the amount of the lien. As used in this section, labor performed or furnished in the erection, alteration, or repair of any building or structure upon any real estate includes the preparation of plans, specifications, and design drawings and the work of making the real estate suitable as a site for the building or structure. The work is considered to include, but not be limited to, the grading, bulldozing, leveling, excavating, and filling of land (including the furnishing of fill soil), the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, and the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill. Any private security guard services provided by any person at the site of the building or structure during its erection, alteration, or repair is considered to be labor performed or furnished within the meaning of this section. As used in this section, materials furnished and actually used include tools, appliances, machinery, or equipment supplied for use on the building or structure to the extent of their reasonable rental value during their actual use. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other entity. For purposes of this section, the term 'materials' includes flooring, floor coverings, and wall coverings."

SECTION   23.   The 1976 Code is amended by adding:

"Section 29-5-27.   Any person providing construction and demolition debris disposal services, as defined in Section 44-96-40(6), including, but not limited to, final disposal services provided by a construction and demolition landfill, is a laborer within the meaning of Sections 29-5-20 and 29-5-40. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or another entity."

SECTION   24.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   25.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this portion, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   26.   SECTIONS 5 and 15 of this act take effect at least sixty days after approval by the Governor. All other SECTIONS take effect upon approval by the Governor./
Amend title to read:

/TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES; TO ENACT THE DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003; BY ADDING SECTION 56-1-5 SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ADMINISTRATIVE AGENCY OF STATE GOVERNMENT; TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES, AND AUTHORITY STATUTORILY EXERCISED BY THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES AND HIS DUTIES AND RESPONSIBILITIES, AND TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT AN INDEPENDENT REVIEW OF THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE EMPLOYEES, FUNDS, APPROPRIATIONS, ASSETS, LIABILITIES, BONDED INDEBTEDNESS, REAL AND PERSONAL PROPERTY, CONTRACTUAL RIGHTS, AND OBLIGATIONS OF THE MOTOR VEHICLE DIVISION AND THE MOTOR CARRIER SERVICES UNIT OF THE DEPARTMENT OF PUBLIC SAFETY ARE TRANSFERRED TO AND BECOME PART OF THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL HAVE ACCESS TO CERTAIN DATA AND REPORTS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OR THE DEPARTMENT OF PUBLIC SAFETY, OR BOTH, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST IMPLEMENT MOTOR CARRIER SERVICES IN SIX LOCATIONS THROUGHOUT THE STATE, TO CREATE AN INTERAGENCY ADVISORY COUNCIL BETWEEN THE STATE TRANSPORT POLICE AND THE MOTOR CARRIER SERVICES TO FACILITATE A SMOOTH AND EFFICIENT TRANSITION AND ENSURE EFFICIENT INFORMATION EXCHANGES, AND TO PROVIDE THAT THE GOVERNOR SHALL DESIGNATE A LEAD AGENCY TO DISTRIBUTE FEDERAL MOTOR CARRIER SAFETY GRANTS AND FUNDS; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST ENTER INTO CONTRACTS WITH VARIOUS ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION, TO PROVIDE THAT AN ENTITY MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT TO PROVIDE THIS SERVICE, TO PROVIDE THAT THE DEPARTMENT MUST RANDOMLY TEST DRIVER'S LICENSE APPLICANTS WHO SUCCESSFULLY COMPLETE A DRIVER'S LICENSE EXAMINATION ADMINISTERED BY AN ENTITY, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY SUSPEND THE AUTHORITY OR CONTRACT OF AN ENTITY UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL REGISTER CERTAIN PERSONS FOR THE UNITED STATES SELECTIVE SERVICE WHEN THEY APPLY FOR THE ISSUANCE, RENEWAL, OR A DUPLICATE COPY OF CERTAIN DRIVER'S LICENSES OR AN IDENTIFICATION CARD; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, TO DELETE THE RESPONSIBILITIES IT ASSUMED WHEN CERTAIN FUNCTIONS OF THE DIVISION OF MOTOR VEHICLES WERE TRANSFERRED TO IT, AND TO DELETE ITS MOTOR VEHICLE LICENSING, REGISTRATION, AND TITLING FUNCTIONS; TO AMEND SECTION 23-6-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION, AND CERTAIN RESPONSIBILITIES THAT WERE TRANSFERRED TO THE DEPARTMENT WHEN IT WAS ESTABLISHED; TO AMEND SECTION 23-6-30, AS AMENDED, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE CERTAIN DUTIES AND POWERS OF THE DEPARTMENT TO INCLUDE LICENSE SUSPENSIONS AND REVOCATIONS, THE TITLING AND REGISTRATION OF MOTOR VEHICLES, THE LICENSING OF MOTOR VEHICLE OPERATORS, THE COLLECTION OF LICENSE, REGISTRATION, TITLING, AND OTHER FEES, AND THE MAINTENANCE OF AN AUTOMATED SYSTEM FOR THE STORAGE AND RETRIEVAL OF ALL MOTOR VEHICLE AND MOTOR VEHICLE OPERATOR RECORDS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS CONCERNING THE REGULATION OF MOTOR VEHICLES IN THIS STATE, SO AS TO REVISE THE DEFINITION OF THE TERM "DEPARTMENT" TO MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES AND THE DEPARTMENT OF PUBLIC SAFETY UNDER OTHER CIRCUMSTANCES; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO WHEN A DRIVER'S LICENSE IS NO LONGER VALID, AND THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR FIVE YEARS AND THE CIRCUMSTANCES UPON WHICH A DRIVER'S LICENSE IS VALID FOR TEN YEARS, TO DELETE A PROVISION THAT REQUIRES A DRIVER'S LICENSE APPLICANT TO SUCCESSFULLY PASS A VISION TEST AND THE CIRCUMSTANCES UPON WHICH THIS TEST MAY BE WAIVED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW A PERSON TO RENEW HIS DRIVER'S LICENSE ELECTRONICALLY, TO SUBSTITUTE THE TERM VISION SCREENING FOR THE TERM VISUAL EXAMINATION; TO AMEND SECTION 56-1-220, AS AMENDED, RELATING TO THE EYE EXAMINATION THAT IS REQUIRED OF A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON WHO SEEKS TO RENEW HIS DRIVER'S LICENSE MUST HAVE HIS EYES EXAMINED OR SCREENED; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO REFUSE TO RENEW THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO HAS NOT PAID CERTAIN PROPERTY TAXES, AND TO THE DEPARTMENT'S ISSUANCE OF BIENNIAL LICENSE PLATES AND REVALIDATION DECALS, SO AS TO PROVIDE THAT THIS PROVISION RELATES TO PERSONAL PROPERTY TAXES, TO PROVIDE THAT THESE FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF MOTOR VEHICLES FROM THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACT WITH CERTAIN ENTITIES TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, AND TO PROVIDE THAT THESE ENTITIES MAY CHARGE A FEE IN EXCESS OF THE FEE CHARGED BY THE DEPARTMENT FOR THE PROVISION OF THESE SERVICES; TO AMEND SECTION 56-19-420, AS AMENDED, RELATING TO CERTAIN FEES THAT MAY BE CHARGED FOR THE ISSUANCE OF CERTAIN MOTOR VEHICLE TITLES, SO AS TO INCREASE THE FEE THAT MAY BE CHARGED FOR THE ISSUANCE OF THESE TITLES, AND TO PROVIDE THAT A PORTION OF THIS FEE MUST BE USED BY THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY CERTAIN OPERATIONAL EXPENSES; TO REPEAL SECTION 23-6-35 RELATING TO CERTAIN FEES THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING COPIES OF CERTAIN RECORDS, AND ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT THE TERMS MOTOR VEHICLE DIVISION, MOTOR VEHICLES DIVISION, DIVISION OF MOTOR VEHICLE, AND DIVISION OF MOTOR VEHICLES SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES, UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE TERM DEPARTMENT OF PUBLIC SAFETY SHALL MEAN THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT IS UNLAWFUL FOR A PERSON TO DISCLOSE ANY CONFIDENTIAL INFORMATION WHICH BELONGS TO THE DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE DIVISION UNDER CERTAIN CIRCUMSTANCES DURING OR AFTER THE TRANSFER OF THE CONFIDENTIAL INFORMATION FROM THE MOTOR VEHICLE DIVISION TO THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES THIS PROVISION; BY ADDING SECTION 56-1-215 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES A PERSON MAY HAVE HIS LICENSE RENEWED WITHOUT TAKING THE ROAD TEST OR A WRITTEN EXAMINATION; TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS PROHIBITED FROM HIRING ADDITIONAL EMPLOYEES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 29-5-10, AS AMENDED, RELATING TO MECHANICS LIENS CONCERNING A PERSON WHO FURNISHES LABOR AND MATERIAL FOR THE ERECTION, ALTERATION, OR REPAIR OF A BUILDING OR STRUCTURES, SO AS TO REVISE THE COMPONENTS OF THE TERM "WORK OF MAKING THE REAL ESTATE SUITABLE AS A SITE FOR A BUILDING OR STRUCTURE" TO INCLUDE THE DISPOSAL OF CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS; AND BY ADDING SECTION 29-5-27 SO AS TO PROVIDE THAT ANY PERSON PROVIDING CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL SERVICES IS A LABORER, AND TO PROVIDE A DEFINITION FOR THE TERM PERSON. /

/s/W. Greg Ryberg                 /s/Ronald P. Townsend
/s/C. Bradley Hutto               /s/James M. Neal
/s/James H. Ritchie               /s/JoAnne Gilham
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Cooper, Miller and Chellis to the Committee of Free Conference on the part of the House on:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Very respectfully,
Speaker of the House

Received as information.

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

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

Senator PEELER spoke on the report.

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

Whereupon, Senators PEELER, McGILL and HAYES were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator PEELER, the Report of the Committee of Free Conference to S. 516 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

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

That the same do pass with the following amendments:

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

/   SECTION   1.   Section 12-6-3360(M)(3) of the 1976 Code is amended to read:

"(3)   'New job' means a job created in this State at the time a new facility or an expansion is initially staffed. Except as otherwise provided in this item, the term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a facility of the taxpayer or a related person. A related person includes any entity or person that bears a relationship to the taxpayer as described in Section 267 of the Internal Revenue Code. However, this exclusion of a new job created by employee shifting does not extend to a job created at a new or expanded facility located in a county in which is located an 'applicable federal facility' as defined in Section 12-6-3450(A)(1)(b). The term 'new job' also includes an existing job at a facility of an employer which is reinstated after the employer has rebuilt the facility due to:

(a)   its destruction by accidental fire, natural disaster, or act of God;

(b)   involuntary conversion as a result of condemnation or exercise of eminent domain by the State or any of its political subdivisions or by the federal government.

Destruction for purposes of this provision means that more than fifty percent of the facility was destroyed. For purposes of this section, involuntary conversion as a result of condemnation or exercise of eminent domain includes a legally binding agreement for the purchase of a facility of an employer entered into between an employer and the State of South Carolina or a political subdivision of the State under threat of exercise of eminent domain by the State or its political subdivision.

The year of reinstatement is the year of creation of the job. All reinstated jobs qualify for the credit pursuant to this section, and a comparison is not required to be made between the number of full-time jobs of the employer in the taxable year and the number of full-time jobs of the employer with the corresponding period of the prior taxable year.

Notwithstanding any other provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:

(a)   at a manufacturing facility located in a county classified as least developed;

(b)   immediately before their employment by the taxpayer, the individuals were employed by a company operating under Chapter 11 of the United States Bankruptcy Code; and

(c)   the taxpayer, as an unrelated entity, acquires as of July 10, 2002, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code."
Section   2.   A.   Section 12-20-50 of the 1976 Code is amended by adding a new subsection at the end to read:

"(C)   In addition to the provisions of subsection (B) of this section, a holding company may reduce its paid-in capital surplus by the portion of contributions to capital received from its parent corporation that is directly or indirectly used to finance a subsidiary's expansion costing in excess of one hundred million dollars, which on the date construction started is located in an Economic Impact Zone as defined in Section 12-14-30. A reduction is only allowed pursuant to this subsection for the paid-in capital surplus of the holding company attributable to this contribution to capital for expansion. Additionally, no reduction is allowed unless the expansion is completed within three years of the first contribution to capital received by the holding company, but this three-year limitation may be extended by the Department of Revenue upon written application and good cause shown. Amounts previously excluded in paid-in capital surplus pursuant to this subsection must be included in the first license tax year beginning after the period allowed for the expansion if the expansion is not timely completed."
B.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies to increases in capital over the prior year's capital on January 1, 2003, and thereafter.

SECTION   3.   This act is effective for taxable years beginning after 2002 where the job tax credit pursuant to Section 12-6-3360 of the 1976 Code, as amended by this act, was earned after June 1, 2002. /

Amend title to conform.

/s/Harvey S. Peeler, Jr.          /s/Vida O. Miller
/s/Robert W. Hayes, Jr.           /s/Converse A. Chellis
/s/J. Yancey McGill               /s/Daniel T. Cooper
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING, OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

On motion of Senator LEATHERMAN, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEATHERMAN spoke on the Report of the Committee of Conference.

Senator MOORE made a Parliamentary Inquiry as to whether or not the Report of the Committee of Conference was on the Desk.

The PRESIDENT stated that the report was on the Desk.

Senator LEATHERMAN continued explaining the report.

At 1:07 P.M., Senator MARTIN assumed the Chair.

Senator LEATHERMAN moved that the Report of the Committee of Conference to H. 3749, as contained in document (P:\LEGWORK\HOUSE\AMEND\COUNCIL\GGS\22253HTC03.DOC), be adopted and incorporated by reference in the Journal.

Senator HAWKINS spoke on the report.

At 1:30 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Elliott
Ford                      Giese                     Glover
Gregory                   Grooms                    Hawkins
Hayes                     Holland                   Hutto
Jackson                   Knotts                    Kuhn
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Ryberg                    Setzler
Short                     Smith, J. Verne           Verdin
Waldrep

Senators O'DELL, PINCKNEY and McGILL recorded their presence subsequent to the Call of the Senate.

A quorum being present, the Senate resumed.

Senator HAWKINS continued speaking on the report.

At 1:52 P.M., Senator KUHN made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

Senator HAWKINS continued speaking on the report.

Senator LEVENTIS raised a Point of Order under Rule 37 that the Report of the Committee of Conference had not been on the Desk for one statewide legislative day.

The ACTING PRESIDENT sustained the Point of Order.

Senator RICHARDSON moved to suspend the provisions of Rule 37.

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Elliott
Fair                      Giese                     Grooms
Hayes                     Jackson                   Knotts
Leatherman                Martin                    Matthews
McConnell                 Mescher                   Peeler
Pinckney *                Richardson                Ritchie
Smith, J. Verne           Thomas                    Verdin

Hawkins                   Holland                   Kuhn
Leventis                  Malloy                    Waldrep

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

Having failed to receive the necessary vote, the motion to suspend the provisions of Rule 37 failed.

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

The House returned the Bill with amendments.

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

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.

The House returned the Bill with amendments.

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

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.

Senator RITCHIE asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator SETZLER objected.

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.

The House returned the Joint Resolution with amendments.

Senator HAWKINS proposed the following amendment (581R002.JDH), which was adopted:

Amend the joint resolution, as and if amended, page 3, line 5, after the word / Armory. / by adding the following:

/     The interior portion of the Armory shall be named the "Major General Darwin H. Simpson Army National Guard Operations Center" and appropriate signage and an appropriate plaque shall be placed therein. /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time and ordered returned to the House of Representatives with amendments.

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.

The House returned the Bill with amendments.

Senator GREGORY proposed the following amendment (SWB\5547CM03), which was adopted:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION   __.   Section 50-3-180 of the 1976 Code, as amended by Act 419 of 1998, is further amended to read:

"Section 50-3-180.   (A)(1)   The Mitigation Trust Fund of South Carolina is credited created for the purposes of receiving gifts, grants, contributions, and other proceeds for mitigation projects in the State. The Board of Trustees for the Mitigation Trust Fund is the Chairman and the Members of the South Carolina Department of Natural Resources Board with full authority over the administration of the funds deposited in the fund. The State Treasurer is the custodian of the fund and shall invest its assets in an interest-bearing account pursuant to South Carolina law.

(2)   The trustees of the Mitigation Trust Fund are authorized to:

(a)   operate a program in order to implement the purposes of this section;

(b)   develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this section, as necessary to implement this section;

(c)   apply for and receive additional funding for the trust fund from federal, private, and other sources to be used as provided in this section;

(d)   receive charitable contributions and donations to the trust fund, to be used as provided for in this section;

(e)   receive contributions to the trust fund in satisfaction of any public obligation for environmental mitigation, whether the obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding;

(f)   award grants to advance the purposes of this section to not-for-profit charitable corporations or trusts authorized to do business in this State whose principal activity is the acquisition and management of interests in land for conservation purposes and which has tax-exempt status as a public charity under the Internal Revenue Code of 1986.

(B)   The Mitigation Trust Fund may receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise, of products of the property including, but not limited to, timber and utility easement rights, accrue to the Mitigation Trust Fund. Funds recovered for losses or damages to natural resources must be deposited to the Mitigation Trust Fund to be used first for restoration in the areas affected and then as provided in subsection (C) of this section.

(C)   The income received and accruing from the fund must be spent only for the acquisition, restoration, enhancement, or and management of mitigation property and the development and implementation of restoration and enhancement plans for mitigation for of adverse impacts to natural resources. Mitigation projects under this section may involve any natural resources within the State which have been, are, or reasonably may be subject to harm, damage, or diminution in value associated with development, growth, injury due to intentional or accidental occurrences, acts of God, or any other threat to natural resources.

(D)   The proceeds from this fund may be carried forward from year to year and do not revert to the general fund of the State."/

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION WITHIN SIX HUNDRED FEET OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

The House returned the Bill with amendments.

On motion of Senator RYBERG, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 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.

The House returned the Bill with amendments.

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

At 2:25 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed fifteen minutes.

At 2:57 P.M., the Senate resumed.

On behalf of Senator LEVENTIS, Senator LAND asked unanimous consent to withdraw the Point of Order raised regarding Rule 37.

The Point of Order was withdrawn.

Senator LAND asked unanimous consent to make a motion to take up the Conference Report for immediate consideration.

There was no objection.

The question then was the adoption of the Report of the Committee of Conference.

Senator RYBERG spoke on the report.

Senator MOORE raised a Point of Order that the Report of the Committee of Conference was out of order inasmuch as the language in Provisos 8.38, 5A.26 and 8.42 contained in the Conference Report differed from the versions passed by the House and passed by the Senate and, as such, can only be included in a Free Conference Report.

Senator MOORE spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator HAWKINS raised a Point of Order that Proviso 73.3 as contained in the Report of the Conference Report to H. 3749 was out of order inasmuch as it differed from that language contained in the versions passed by the House and passed by the Senate and should be included in a Free Conference Report.

The PRESIDENT overruled the Point of Order.

Senator RYBERG spoke on the report.

At 3:10 P.M., with Senator RYBERG retaining the floor, on motion of Senator FAIR, with unanimous consent, the Senate receded from business not to exceed two minutes.

At 5:17 P.M., the Senate resumed.

Senator RYBERG spoke on the report.

Senator HAWKINS moved that it be the Sense of the Senate that the conferees to H. 3749 be directed to bring to the Senate a Conference Report that deletes the $25 surcharge as contained in Proviso 73.3 of the Report of the Committee of Conference.

Senator J. VERNE SMITH made a Parliamentary Inquiry as to whether the Sense of the Senate motion was subject to unanimous consent.

The PRESIDENT stated that a majority vote would be required on the Sense of the Senate motion.

Senator LEATHERMAN spoke on the motion.

Senator HAWKINS spoke on the motion.

Senator MATTHEWS spoke on the motion.

Senator ALEXANDER spoke on the motion.

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

Hawkins                   Hutto                     Kuhn
Mescher                   Ravenel                   Verdin
Waldrep

Alexander                 Branton                   Courson
Cromer                    Elliott                   Fair
Giese                     Grooms                    Hayes
Jackson                   Knotts                    Land
Leatherman                Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Reese
Ryberg                    Setzler                   Short
Smith, J. Verne

The Sense of the Senate motion failed.

Senator RYBERG spoke on the report regarding Provisos 9.11 and 9.33.

Senator SHORT spoke on the report regarding Provisos 9.11 and 9.33.

Senator McCONNELL moved that it be the Sense of the Senate that the conferees to H. 3749, the General Appropriation Bill, be directed to bring to the Senate a Conference Report that deletes Provisos 8.38, 5A.26 and 8.42 and perfect the language in Proviso 1AA.1.

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Holland                   Hutto                     Jackson
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

The Sense of the Senate motion was adopted.

The Conference Report was ruled out of order.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 29, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.43, H. 3041 by a vote of 86 to 22:
(R43, H3041 (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,
Speaker of the House

Received as information.

(R43, H3041 (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.

The veto of the Governor was taken up for immediate consideration.

Senator McGILL moved that the veto of the Governor be overridden.

Senator RITCHIE moved to carry over the veto of the Governor.

The veto of the Governor was carried over.

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

The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4176 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 231 OF 1993, RELATING TO THE BOARD OF ELECTION AND REGISTRATION FOR UNION COUNTY, SO AS TO REDUCE THE MEMBERSHIP OF THE BOARD FROM NINE MEMBERS TO EIGHT MEMBERS.

By prior motion of Senator SHORT

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.

By prior motion of Senator MOORE, with unanimous consent

Having voted on the prevailing side, Senator MOORE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.

There was no objection.

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

Senator MOORE proposed the following amendment (3255R001.TLM), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting the following:

/   SECTION   1.   Notwithstanding the provisions of Section 59-5-71 of the 1976 Code, or any regulation or action of the State Board of Education to the contrary, beginning with school year 2003-2004, the starting date and ending date for the annual school term of the School District of Aiken County, the School District of Edgefield County, and the School District of McCormick County must be set by the governing body of the respective districts 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.       /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

H. 3410 (Word version) -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 30-1-90, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

Senator RITCHIE explained the Bill.

H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.

H. 3592 (Word version) -- Reps. Delleney and Lucas: A BILL TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.

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.

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

Senator WALDREP proposed the following amendment (SWB\ 5554CM03), which was adopted:

Amend the bill, as and if amended, SECTION 1, by deleting /School District No. 2 /on line 27 and adding / School District Nos. 2, 3, and 5/

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

On motion of Senator HAYES with unanimous consent

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

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

Senator HAYES explained the Bill.

H. 3333 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.

Senator RYBERG explained the Bill.

H. 3641 (Word version) -- Rep. J.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-43-60 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT MUST TERMINATE AFTER THE FIFTH YEAR OF GRANTS AND LOANS ARE RECEIVED AND AT LEAST FIVE MILLION DOLLARS IN TAX CREDITS ARE USED; AND TO REPEAL SECTION 4 OF ACT 314 OF 2000, RELATING TO SUNSET PROVISIONS FOR THE ACT.

Senator THOMAS explained the Bill.

H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

Senator HAYES explained the Bill.

H. 4008 (Word version) -- Rep. Cooper: 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 REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.

Senator HAYES explained the Bill.

H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

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

The Committee on Judiciary proposed the following amendment (JUD3460.003), which was adopted:

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

TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:

"Section 14-7-860.   (A)   The presiding judge for cause shown may excuse anyone any person from jury duty at any term of court if he the judge considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record.

(B)   Any woman A person who:

(1)   having has legal custody and the duty of care for a child under less than seven years of age of whom she has legal custody and the duty of care,;

(2)   is the primary caretaker of a person aged sixty-five or older; or

(3)   is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended; and who desires to be excused from jury duty, shall furnish must submit an affidavit to the clerk of court stating that she he is unable to provide adequate care for the child, person aged sixty-five or older, or disabled person while performing jury duty, and shall must be excused by the presiding judge from such duty jury service. The provisions of Section 14-7-870 shall do not apply to any such woman juror described in this subsection who: (a) has a child less than seven years of age, (b) is the primary caretaker of a person aged sixty-five or older, or (c) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended.

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

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

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

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W.D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT, WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.

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

The Committee on Judiciary proposed the following amendment (JUD3052.003), which was adopted:

Amend the bill, as and if amended, page 1, line 30, in Section 16-11-700(A), as contained in SECTION 1, by striking line 30 in its entirety and inserting therein the following:

/   "Section 16-11-700.   (A)   No person may dump, throw,   /.

Amend the bill further, as and if amended, page 2, line 29, in Section 16-11-70(C)(2), as contained in SECTION 1, by striking line 29 in its entirety and inserting therein the following:

/   the provisions of this item, the court shall also must impose a /.

Amend the bill further, as and if amended, page 3, line 42, in Section 16-11-70(E)(5), as contained in SECTION 1, by striking line 42 in its entirety and inserting therein the following:

/       (5)   No part of a fine imposed pursuant to this section subsection may be   /.

Amend the bill further, as and if amended, page 4, beginning on line 8, in Section 16-11-70(F), as contained in SECTION 1, by striking lines 8 - 13 and inserting therein the following:

/   dollars an hour of litter-gathering labor. Probation shall not be granted in lieu of the litter-gathering requirement except for a person's physical or other incapacities.

All funds collected pursuant to this subsection in lieu of the mandatory litter-gathering labor must be remitted to the State Treasurer as provided by Section 14-1-208 and deposited to the account of the Governor's Task Force on Litter for use in connection with the task force's litter-reduction efforts.       /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

Senator HUTTO proposed the following amendment (JUD3052.004), which was adopted:

Amend the bill, as and if amended, page 4, line 21, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 56-25-20 of the 1976 Code is amended to read:

"Section 56-25-20.   When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than twelve months from the date on which the traffic citation or an official Department of Natural Resources summons for a littering violation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation or an official Department of Natural Resources summons for a littering violation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.

Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation, the department shall must notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J.E. Smith, J.H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Owens, Perry, E.H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

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

The Committee on Judiciary proposed the following amendment (JUD3777.001), which was adopted:

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

/   SECTION   1.   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;

(c)   report or display election results; and

(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;

(c)   maintain records of system errors and defects;

(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 must:

(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 with conducting elections, by providing training for personnel in the operation of the voting system approved and adopted by the commission;

(3)   support all aspects of creating the ballots and the database of the voting system which is approved and adopted;

(4)   approve and adopt multiple voting systems if the commission, in its discretion, determines not to adopt one voting system; and

(5)   comply with the provisions of Chapter 35 of Title 11 in procuring a voting system or systems, as defined in subsection (A)."

SECTION   2.   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 must 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."

SECTION   3.   Section 7-13-1330(A) and (H) of the 1976 Code, as last amended by Act 103 of 1999, are 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 must examine the vote recorder and shall must 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 vote recorder or optical scan voting system may 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 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 The manufacturer to must place all updates of these source codes in escrow, and to notify the State Election Commission that this requirement has been met."

SECTION   4.   Section 7-13-1620 of the 1976 Code, as last amended by Act 103 of 1999, is further amended to read:

"Section 7-13-1620.   (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 must 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 voting machine system may 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 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 system must 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 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 The manufacturer to must place all updates of these source codes in escrow, and to notify the State Election Commission that this requirement had has 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 must 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 member of the State Election Commission, county election commission, custodian, or member of a county governing body may have any a pecuniary interest in any voting machine system or in the manufacture or sale of any voting machine system."

SECTION   5.   Sections 7-13-1310, 7-13-1650, and 7-13-1660 of the 1976 Code are repealed.

SECTION   6.   This act takes effect upon approval by the Governor and when funding is available to implement the requirements of this act.     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J.E. Smith, Govan, Townsend, J.M. Neal, Cato, Rhoad, E.H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M.A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D.C. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.

On motion of Senator RANKIN, with unanimous consent

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

There was no objection.

Senator HUTTO proposed the following amendment (NBD\11795AC03), which was adopted:

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

/SECTION   __.   Section 59-149-10(B)(2) of the 1976 Code, as added by Act 418 of 1998, is amended to read:

"(2)   a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which has attained 501(c)(3) tax status and is accredited by the Southern Association of Colleges and Secondary Schools or the New England Association of Colleges and Schools; or a public or independent two-year institution which has attained 501(c)(3) tax status. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter."/

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator HUTTO proposed the following amendment (PT\1656MM03), which was adopted:

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

/   SECTION   ___.   A.   Section 59-149-50(A) of the 1976 Code is amended to read:

"(A)   To be eligible for a LIFE Scholarship, a student must be either a member of a class a student who has graduating graduated from a high school located in this State, a student who has completed at least three of the final four years of high school within this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student who has graduating graduated from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent. , and these students These students must also meet the requirements of subsection (B) and be eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations. In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May 1998 the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."

B.   Section 12-6-3385(B)(3)(i) of the 1976 Code is amended to read:

"(i)   graduated from a high school in this State or attended at least three of the final four years of high school within this State;"

C.   Section 59-145-50 (B) of the 1976 Code is amended to read:

"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must, earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. The cumulative grade point average calculation, for purposes of LIFE scholarship eligibility, must be inclusive of the student's grade point average at all colleges and universities attended." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators COURSON, SHORT, HAYES and SETZLER proposed the following amendment (3926.FIX1), which was adopted:

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

/   SECTION __.   Chapter 103 of Title 59 of the 1976 Code is amended by adding:

"Section 59-103-210.   The Commission on Higher Education may retain up to one quarter of one percent of the funds appropriated for the following state supported financial aid programs:

1.   Palmetto Fellows Scholarship Program

2.   Legislative Incentive for Future Excellence Program

3.   HOPE Scholarship Program

4.   Need-Based Grants Program

5.   Lottery Tuition Assistance Program.

Funds retained shall be adjusted to insure that total funds available to the Commission on Higher Education for the administration of the above listed state supported financial aid programs do not exceed two hundred thousand dollars when funds appropriated or authorized by the General Appropriations Bill are taken into consideration.

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over, as amended.

At 6:25 P.M., Senator RITCHIE assumed the Chair.

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

S. 727 (Word version) -- Senator Land: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE oSTARTING 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.

By prior motion of Senator LAND, with unanimous consent

On motion of Senator LAND, with unanimous consent, S. 727 was ordered to receive a third reading on Friday, May 30, 2003.

H. 3684 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR PERSONS TO DISPLAY ON THEIR PERSONALLY OWNED VEHICLES CERTAIN COLORED LIGHTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE A PROVISION CONTAINED IN THIS SECTION.

Senator RYBERG explained the Bill.

H. 3909 (Word version) -- Reps. Lucas and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

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.

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

There was no objection.

On motion of Senator HAWKINS, with unanimous consent, S. 293 was ordered to receive a third reading on Friday, May 30, 2003.

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

Senator RITCHIE explained the Bill.

S. 721 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2820, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator RYBERG explained the Joint Resolution.

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.

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

The Committee on Judiciary proposed the following amendment (JUD3455.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 31, in Section 44-63-161(A)(2), as contained in SECTION 1, by striking lines 31 and 32 in their entirety and inserting therein the following:

/   or a regulation, or in an application for an amendment to it or in an application for a certified copy of a vital the certificate, record, or /.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.

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

Senator JACKSON proposed the following amendment (JUD3426.003), which was adopted:

Amend the committee report, as and if amended, page [3426-2], beginning on line 1, in Section 1-31-10, as contained in SECTION 1, by striking lines 1-2 in their entirety and inserting therein the following:

/   must be African American."   /

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD3426.002), which was adopted:

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

/   SECTION   1.     Section 1-31-10 of the 1976 Code is amended to read:

"Section 1-31-10.   There is created a State Commission for Minority Affairs consisting of seven nine members and the Governor ex officio. The Governor shall must appoint one person from each of the six congressional districts of the State and one person three persons from the State at-large upon the advice and consent of the Senate. The Governor shall designate the chairman. The members serve for a term of four years and until their successors are appointed and qualify. Of the members first appointed, those appointed from the even-numbered congressional districts serve for a term of two years; those appointed from the odd-numbered congressional districts and the member appointed at-large serve for a term of four years. A vacancy must be filled in the same manner as original appointment for the remainder of the unexpired term. A majority of the members of the commission must be African American composed of the minority groups as referenced in Section 1-31-40(1)."

SECTION   2.     Section 1-31-40 is amended to read:

"Section 1-31-40.   (A)   The commission shall:

(1)   provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;

(2)   work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;

(3)   provide for publication of a statewide statistical abstract on minority affairs;

(4)   provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;

(5)   provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community.;

(6)   determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;

(7)   establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;

(8)   act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;

(9)   seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups;

(10)   promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and

(7)(11)   perform other duties necessary to implement programs.

(B)   The commission may delegate these powers and duties as necessary.

(C)   Nothing in this chapter recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this State for any Native American tribe which is recognized by the State."

SECTION   3.   Of the two members added to the Commission for Minority Affairs by the amendment to Section 1-31-10, as amended by this act, one must be appointed for an initial term of two years, which must be noted on the appointment, and until his successor is appointed and qualifies. Thereafter, the members shall serve for the term provided by law.

SECTION   4.   This act takes effect upon approval by the Governor, except that the additional duties given to the Commission for Minority Affairs by the amendments to Section 1-31-40 as contained in this act do not apply unless sufficient additional funds, as determined by the commission, are appropriated or otherwise made available to the commission to implement these additional duties.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

Senator KNOTTS asked unanimous consent to give H. 3426 a third reading tomorrow.

Senator McCONNELL objected.

S. 576 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (SWB\5506CM03), which was adopted:

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

/SECTION   1.   The General Assembly finds that there are circumstances where it is advantageous to classify manufactured homes affixed to real property as real property so as to allow for the granting of a mortgage on the real property with the manufactured home being subject to the mortgage. Further, there does not exist a uniform system for retiring the title certificate on a manufactured home, and, as a consequence, citizens are frequently denied opportunities to secure financing for their manufactured homes from federally guaranteed sources. To ameliorate the difficulties resulting from the absence of a uniform procedure, the General Assembly intends to provide a uniform procedure for retiring the title certificate for a manufactured home affixed to real property and to provide that manufactured homes affixed to real property in specified circumstances may be subject to a mortgage on the real property. By adoption of a uniform system for the retirement of title certificates on manufactured homes, the General Assembly intends that other statutory and regulatory provisions affecting manufactured housing remain unchanged.

SECTION   2.   Chapter 19, Title 56 of the 1976 Code is amended by adding:

Section 56-19-500.   As used in this article:

(1)   'Affixed' means that the manufactured home is installed in accordance with the state required installation standards, with wheels, axles, and towing hitch removed, and with the owner of the home having an intention that the manufactured home becomes an improvement to the real property whereon it is situated as evidenced by the filing of the affidavits provided in this article. The filing of the affidavits provided for in this article is conclusive proof of the intent to affix the manufactured home to real property.

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

(3)   'Homeowner' means, when referring to a manufactured home for which a title certificate is issued as required by Section 56-19-210, the person identified on the title certificate as the owner of the 'manufactured home'.

(4)   'Manufactured home' means a 'mobile home' as defined by law or a structure, transportable in one or more sections, which (a) in the traveling mode is eight body feet or more in width, or forty body feet or more in length, or (b) when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.

(5)   'Owner' means, when referring to a manufactured home for which the title certificate has been retired either pursuant to the procedure utilized before the effective date of this article by the division or pursuant to this article, the person who owns the real property or has a recorded leasehold estate of thirty-five or more years on the real property upon which the manufactured home has become affixed and the instrument creating the leasehold estate authorizes the lessee to encumber the real property with a lien.

(6)   'Retire the title certificate' means to cancel through the procedure established by this article an existing manufactured home title certificate issued by this State.

(7)   'Secured party' means any lienholder identified on the title certificate of a manufactured home, or the lender securing a loan through a mortgage, deed of trust, or real estate contract when referring to real property or real property to which a manufactured home has been affixed and the title certificate retired.

(8)   'Security interest' means an interest in property to secure payment of a loan made by a secured party to a borrower or a lien created by operation of law.

(9)   'Sever' means to physically remove the manufactured home from the real property to which it is affixed.

Section 56-19-510.   (A)   An owner of a manufactured home may affix the home to real property by:

(1)   installing the home in accordance with the required installation standards and removing the wheels, axles, and towing hitch; and

(2)   filing with the register of deeds or clerk of court, as appropriate, for the county in which the manufactured home is located the Manufactured Home Affidavit for the Retirement of Title Certificate in the form prescribed in this article together with proof of ownership as evidenced by a copy of the most recent deed of record or other instrument vesting title, the certificate of occupancy from the appropriate building official of the jurisdiction in which the manufactured home is located, and paying the filing fee required for affidavits by Section 8-21-310.

(B)   The register of deeds or clerk of court must record the affidavit as if it were a deed to real property with the homeowner being identified as grantor and give notification to the county assessor.

(C)   Upon the filing of the affidavit the manufactured home is to be treated for all purposes except condemnation as real property and title to the manufactured home is thereby vested in the lawful owner of the real property to which it is affixed. A warning notice to those filing the affidavit must be included in the affidavit.

(D)   The Manufactured Home Affidavit for the Retirement of Title Certificate must be in the following form:

STATE OF SOUTH CAROLINA   )

)   MANUFACTURED HOME AFFIDAVIT

COUNTY OF__________________)   FOR RETIREMENT OF TITLE CERTIFICATE

(1)   Name of Owner____________________________________

(2)   Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________Make:   ______________

Width:   __________________   Length:__________________

Identification Number (VIN):___________________________

(3)   Check whichever is applicable:

_____   The above described manufactured home is not subject to a security lien.

_____   The above described manufactured home is subject to a security lien and a separate affidavit, as required by law, will be filed naming the secured parties.

(4)   Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)

(5)   Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________.

Tax map number______________________

Tax billing address______________________________________________

(6)   The above described manufactured home is permanently affixed or is to be permanently affixed to the above described real property and the title certificate is to be retired in accordance with applicable law.

(7)   Check if applicable:

______The owner of the manufactured home owns or has a leasehold estate of thirty-five or more years in the real property to which the manufactured home is affixed.

(8)   WARNING: the execution and filing of this affidavit transfers ownership of the manufactured home to the lawful owner of the real property to which it is affixed.

The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.

Date:_____________________________   ____________________________________

Signature of owner:

____________________________________

Type or print name of owner

Witness:_____________________________

Witness:_____________________________

STATE OF SOUTH CAROLINA)

COUNTY OF ________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that (s)he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that (s)he, together with ____________________________ witnessed the execution thereof.

_______________________________________

SWORN to before me this

___ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

Section 56-19-520.   (A)   Commencing nine months following the effective date of this article, the division must retire the title certificate to the manufactured home upon receipt of the following:

(1)   A clocked and stamped copy of the Manufactured Home Affidavit for the Retirement of Title Certificate filed with the register of deeds or clerk of court;

(2)   The title certificate for the manufactured home, with either a release of lien or the consent of any secured party to the retirement of the title certificate indicated in writing on the title certificate by each secured party which authorizes the division to cancel its record of any lien as if it had been released. The release of lien may be accomplished by the appropriate notation on the title certificate or by an affidavit on the form provided in this article. Any licensed attorney admitted to practice in this State who can provide proof of payment of funds by evidence of payment made payable to a secured party or other party entitled to receive payment may record or cause to be recorded an affidavit duly executed in the presence of two witnesses and probated or acknowledged which states that full balance or payoff amount of the lien or other instrument securing the payment of money and being a lien upon the manufactured home has been made and that evidence of payment from the secured party exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the security interest and release of the lien upon the manufactured home. The filing of the affidavit with the division shall be sufficient to satisfy, release, or discharge the lien. This item may not be construed to require an attorney to record an affidavit or to create liability for failure to file the affidavit. The licensed attorney signing the affidavit which is false is guilty of perjury in violation of Section 16-9-10 and shall be liable for damages that any person may sustain as a result of the false affidavit, including reasonable attorney's fee incurred in connection with the recovery of the damages;

(3)   a receipt demonstrating payment of the most recently billed property taxes for the manufactured home; and,

(4)   payment of a fee established by the division not to exceed fifty dollars for retirement of the title certificate and, notwithstanding any other provision of law, the fee collected by the division must be placed by the Comptroller General into a special restricted account to be used by the division to defray the expenses of the division in administering this article.

(B)   The affidavit referred to in subsection (A) must be as follows:

STATE OF SOUTH CAROLINA   )

)       SATISFACTION AFFIDAVIT

COUNTY OF   ________________)

The undersigned on oath, being first duly sworn, hereby certifies:

(1)   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

(2)   With respect to the security interest given by ______________________ to__________________________ and dated _____________________________:

(a)   [ ]   that the undersigned was given written payoff information and made the payoff and is in possession of a canceled check to the secured party; or

(b)   [ ]   that the undersigned was given written payoff information and made the payoff by wire transfer or other electronic means to the secured party and has confirmation from the undersigned's bank of the transfer to the account provided by the secured party.

Under penalties of perjury, I declare that I have examined this affidavit this ______ day of ___________ and, to the best of my knowledge and belief, it is true, correct, and complete.

Witness:_____________________________   ____________________________________

Signature

Witness:__________________________   ____________________________________

Name--Please Print

____________________________________

Attorney's Bar Number

____________________________________

Street Address

____________________________________

City, State, Zip Code

____________________________________

Telephone

STATE OF SOUTH CAROLINA)

COUNTY OF _________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

Subscribed and sworn to before me

this _________ day of ____________________

Notary Public for __________________(L.S.)

My commission expires:__________________

(C)   Upon presentation to the division of the material required by this section, the division is directed to mark the lien on the manufactured home satisfied.

Section 56-19-530.   The division must maintain a record of each manufactured home title certificate retired under this article, and provide written confirmation of the retirement of the title certificate to the homeowner.

Section 56-19-540.   (A)   If at the time of the filing of the Manufactured Home Affidavit for the Retirement of Title Certificate by the register of deeds or clerk of court, the manufactured home is subject to a lien reflected on the affidavit but not otherwise evidenced by a mortgage, then a separate Manufactured Home Lien Affidavit in the form prescribed by this article is also to be filed. Payment must also be made of the filing fee for affidavits provided in Section 8-21-310. Upon filing, the lien becomes a lien against the real property to which the manufactured home is affixed and is to be indexed in the name of the owner identified on the Manufactured Home Lien Affidavit as mortgagor and secured parties, as mortgagees. Any lien on the manufactured home at the time of retirement of the title certificate must be perfected and have priority in the manner provided for a lien on real property.

(B)   The Manufactured Home Lien Affidavit must be in the following form:

STATE OF SOUTH CAROLINA   )

)   MANUFACTURED HOME LIEN AFFIDAVIT

COUNTY OF   ________________)

(1)     Name of Owner____________________________________

(2)     Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________   Make:   ______________

Width:   __________________     Length:__________________

Identification Number (VIN):___________________________

(3)     The above described manufactured home is subject to a security lien and all secured parties with mailing addresses are listed below:

___________________________________________________

___________________________________________________

(4)     Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)

___________________________________________________

___________________________________________________

(5)     Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________

Tax map number______________________

Tax billing address______________________________________________

(6)     Name of owner of real property if different from owner of manufactured home.

___________________________________________________________________

(7)     The owner of the manufactured home affidavit was recorded on ____________________, in book _____________, at page __________________, in the County of _____________________.

The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.

Date:___________________________       ____________________________________

Signature of Owner:

____________________________________

Type or print name of owner

Witness:_____________________________

Witness:_____________________________

STATE OF SOUTH CAROLINA   )

COUNTY OF   ________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________

SWORN to before me this

_________ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

Section 56-19-550.   (A)   A manufactured home for which the title certificate has been retired may be severed from real property only in accordance with the procedures prescribed in this article. Any person who removes a manufactured home for which the title certificate has been retired from the real property to which it has been affixed in a manner inconsistent with requirements of this article is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.

(B)   If a manufactured home for which the title certificate has been retired is to be severed from the real property to which it is affixed, it is not necessary for the owner of the manufactured home to obtain a new title certificate if the manufactured home is to be affixed to real property in its new location. However, the owner shall file a Manufactured Home Severance Affidavit in the form prescribed in this article with the register of deeds or clerk of court in the county or counties from which the manufactured home is being moved and where it is to be relocated and pay a fee for the filing of affidavits provided by Section 8-21-310. No manufactured home that is to be severed may be transported without first obtaining the appropriate moving permit and a receipt indicating payment of any taxes accrued, due, or payable on the manufactured home.

(C)   The Manufactured Home Severance Affidavit must be in the following form:

STATE OF SOUTH CAROLINA   )

)MANUFACTURED HOME SEVERANCE

AFFIDAVIT

COUNTY OF   ______________)

(1)   Name of Owner____________________________________

(2)   Description of Manufactured Home:

Date of Manufacture: _______________

Manufacturer:_______________________

Model year:   _________________Make:   ______________

Width:   __________________   Length:__________________

Identification Number (VIN):___________________________

(3)   Check whichever is applicable:

_____   The above described manufactured home will be removed from its current location and will not be permanently affixed in a new location.

_____   The above described manufactured home will be removed from its current location and will be permanently affixed in a new location.

(4)   Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)

____________________________________________________________________________   ________________________________________________________________________

(5)   Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ______________________________________________ and recorded ___________________ in Book _____________ at page ___________________.

Tax map number______________________

Tax billing address______________________________________________

(6)   Name of owner of real property if different from owner of manufactured home.

__________________________________________________________

(7)   The initial manufactured home affidavit was recorded on ____________________, in book ___________, at page ______________________, in the County of ______________________________.

The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.

Date:____________________________       ____________________________________

Signature of Owner

Witness:_____________________________

Witness:______________________________   _________________________________

Type or print name of Owner

STATE OF SOUTH CAROLINA   )

)

COUNTY OF   ________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________

SWORN to before me this

_________ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

(1)   Names and mailing address of all parties with a security interest in the manufactured home:

_________________________________________________________________

_________________________________________________________________

(2)   Consent to sever (This section must be completed by each secured party and the signature of each must be notarized. By my (our) signature(s) affixed hereto I (we) consent to the severance of the within described manufactured home from the real property identified herein.

Date:__________________________________   _________________________________

Signature of secured party

Witness:_______________________________   _________________________________

Signature of secured party

Witness:_______________________________

_________________________________

Print or type name of secured party

_________________________________

Print or type name of secured party

Date:__________________________________   _________________________________

Signature of secured party

Witness:________________________________   _________________________________

Signature of secured party

Witness:________________________________

_________________________________

Print or type name of secured party

_________________________________

Print or type name of secured party

STATE OF SOUTH CAROLINA     )

COUNTY OF     ________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing consent to sever and that he, together with ____________________________ witnessed the execution thereof.

SWORN to before me this

_________ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

STATE OF SOUTH CAROLINA   )

COUNTY OF   ________________)           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing consent to sever and that he, together with ____________________________ witnessed the execution thereof.

SWORN to before me this

_________ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

(D)   If the manufactured home will not be affixed to real property, it is necessary for the owner of the manufactured home to obtain a new title certificate from the division by filing with the division an application for title on the form prescribed by the division, by paying the fee established by Section 56-19-420, and by furnishing a stamped, clocked copy of the Manufactured Home Severance Affidavit which must contain an affidavit executed by a licensed South Carolina attorney identifying in the order of their priority any secured party having a security interest in the real property. Liens reflected on the Manufactured Home Severance Affidavit must be reflected on the title certificate in order of their priority.

(E)   The attorney's affidavit required by subsection (D) must be in the following form:

STATE OF SOUTH CAROLINA   )

)     ATTORNEY AFFIDAVIT OF

COUNTY OF   ________________)     SECURITY INTERESTS OF RECORD

The undersigned on oath, being duly sworn, hereby certifies as follows:

(1)   The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

(2)   The undersigned has conducted an examination of the real property records in the office of the Register of Deeds or Clerk of Court in the county of ____________________, and states that the following security interests listed below in their order of priority are recorded and in the undersigned's opinion are perfected as to the manufactured home identified in the attached Severance Affidavit. The parties are listed by name and address in order of priority of security interest:

Date:___________________________________   ________________________________

Signature of attorney

________________________________

Printed name of attorney and Bar Number

_________________________________

Street address

_________________________________

City, State, Zip Code

Witness:_____________________________________

Witness:_____________________________________

STATE OF SOUTH CAROLINA   )

COUNTY OF _________________   )           PROBATE

Before me, the undersigned Notary Public, personally appeared _______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

_______________________________________

SWORN to before me this

_________ day of _______________

____________________________(L.S.)

Notary Public for _____________

My Commission Expires:________

(F)   If a manufactured home which is to be severed from real property is subject to a lien or mortgage, the manufactured home may not be severed without the notarized, written consent of the lienholder to the severance and the discharge or release of the lien or mortgage as to the manufactured home as provided by law.

(G)   Notwithstanding the provisions of this article, the security interest in a manufactured home in which the title certificate has been retired shall continue notwithstanding any relocation unless the lien on the manufactured home has been satisfied of record as required by law as to the satisfaction of liens or the lender indicates consent to the relocation on the Severance Affidavit provided for in subsection (C) and the owner files the affidavit with the register of deeds or clerk of court with whom the Manufactured Home Affidavit for Retirement of title certificate is filed.

(H)   A copy of the application for a new title certificate along with the Manufactured Home Severance Affidavit required by this article must also be filed in the office of the register of deeds or clerk of court for the county in which is located the real property from which the manufactured home is severed together with payment of the fee for the filing of affidavits provided by Section 8-21-310."

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

At 6:40 P.M., the PRESIDENT assumed the Chair.

S. 695 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2003, AND FRIDAY, DECEMBER 5, 2003, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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

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.

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

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

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

Senator RICHARDSON objected.

S. 440 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.

Senator GROOMS asked unanimous consent to commit the Bill to the Colleton County Legislative Delegation.

There was no objection.

S. 655 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTION 15-9-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF LEGAL PROCESS ON AN INSURANCE COMPANY, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR COSTS INCURRED BY HIM; TO AMEND SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE OF LEGAL PROCESS ON AN INSURER NOT LICENSED IN THIS STATE, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR FOR COSTS INCURRED BY HIM; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE ADDITIONAL INFORMATION AT THE TIME THE GROUP FILES ITS APPLICATION; AND TO AMEND SECTION 38-87-80, RELATING TO INFORMATION FURNISHED THE DEPARTMENT OF INSURANCE BY A PURCHASING GROUP, SO AS TO REQUIRE AN INITIAL REGISTRATION FEE OF TWO HUNDRED DOLLARS AND AN ANNUAL FEE OF ONE HUNDRED DOLLARS.

Senator THOMAS asked unanimous consent to recommit the Bill to the Committee on Banking and Insurance.

There was no objection.

S. 656 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.

Senator THOMAS asked unanimous consent to recommit the Bill to the Committee on Banking and Insurance.

There was no objection.

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.

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

Senator PEELER proposed the following amendment (NBD\11833AC03):

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

/SECTION   __.   Section 22-2-5 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator McCONNELL objected to further consideration of the Bill.

H. 4075 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES; TO IMPOSE A FEE FOR THE USE OF INTERNAL RESOURCES TO EXAMINE AND INVESTIGATE APPLICATIONS FOR LICENSURE; TO INCREASE THE ANNUAL RENEWAL LICENSE FEE; TO ADD A FEE TO RECOVER REASONABLE COSTS OF PROCESSING CERTIFICATIONS; AND TO LIMIT PREMIUM TAXES TO ONE HUNDRED THOUSAND DOLLARS ANNUALLY FOR DIRECT PREMIUM AND ASSUMED REINSURANCE PREMIUMS.

Senator THOMAS asked unanimous consent to commit the Bill to the Committee on Banking and Insurance.

H. 3199 (Word version) -- Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.

Senator MOORE explained the Bill.

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

H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over.

H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over.

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.

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

Senator SETZLER proposed the following Amendment No. 2 (3677.NGS), which was adopted:

Amend the bill, as and if amended, page 22, after line 13, by adding an appropriately numbered SECTION to read:

/     SECTION __.   Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-1310. The strategic plans and improvement reports required of the public schools and districts in Sections 59-18-1300, 59-18-1500 and 59-20-60, will be consolidated and reported as follows: district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report, are due on a date established by the Department of Education, but no later than April 30 annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school to be developed in conjunction with the School Improvement Council and this report shall be provided and advertised no later than April 30 annually. The school report card narrative in Section 59-18-900 continues on its prescribed date."     /   Amend the bill further, as and if amended, page 22, after line 13, by adding an appropriately numbered SECTION to read:

/   SECTION __.   Section 59-18-360 of the 1976 Code is amended as to read:

"Section 59-18-360. The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every four seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must examine the standards and assessment system to determine rigor and relevancy."     /

Amend the bill further, as and if amended, page 22, after line 13, by adding an appropriately numbered SECTION to read:

/     SECTION __.   Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-333. The State Department of Education shall conform the requirements of S.C. Code Ann. Sections 59-63-310 through 340 (Supp.2002) on school crime so as to fulfill the provisions of the No Child Left Behind Act of 2001 (20 U.S.C. Section 7912) which includes reports on "persistently dangerous schools" and on "the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary and secondary schools." A summary of the provisions of Title 59, Chapter 63, Article 4 and Section 16-3-612 required to be included in the school's student handbook each year shall be revised to conform with the requirements of this section."     /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator HAYES proposed the following Amendment No. 3 (NBD\ 11864AC03), which was adopted:

Amend the bill, as and if amended, in Section 59-1-390(A)(1) of the 1976 Code, as contained in SECTION 1, page 1, line 36, by striking /vocational or industrial art shops or/ and inserting / vocational or industrial art shops or career and technology education /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

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

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

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.

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

The Committee on Judiciary proposed the following amendment (JUD3231.002), which was adopted:

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

/   SECTION   1.   Section 23-31-420(A) of the 1976 Code is amended to read:

"(A)   Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is are admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create creates the following presumptions:

(1)   If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact shall does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol."

SECTION   2.   Sections 50-21-114(A) and (B) of the 1976 Code are amended to read:

"(A)(1)   A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both. A test given must be administered at the direction of the arresting law enforcement officer. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten eight one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2)   The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, (SLED), using methods approved by SLED. The arresting officer may administer the tests so long as it if testing is done in conformity with the standards set out by SLED. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples, but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3)   A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending alleging that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4)   The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

(5)   The arresting officer shall must provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6)   SLED shall must administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is must be assessed, at the time of the sentencing, against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113 50-21-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B)   In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1)   If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that this fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."

SECTION   3.   Sections 56-1-286(A), (I), (J), (K), (N) and (V) of the 1976 Code, as amended by Act 390 of 2000, are further amended to read:

"(A)   In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the The Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930, or 56-5-2933 arising from the same incident."

"(I)   A test may not be administered or samples taken unless the person has been informed in writing that:

(1)   he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;

(2)   his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;

(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;

(4)   he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and

(5)   he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or within thirty days of the issuance of notice that the suspension has been upheld at the administrative hearing.

The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department."

"(J)   If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and 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."

"(K)   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 for this purpose. 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

(2)   request an administrative hearing.

At the administrative hearing if:

(a)   the suspension is upheld, the person's person must enroll in an Alcohol and Drug Safety Action Program and his driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);

(b)   the suspension is overturned, the person shall must 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."

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

"(V)   Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten eight one-hundredths of one percent."

SECTION   4.   Section 56-5-2933 of the 1976 Code is amended to read:

"Section 56-5-2933.   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten eight one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop. This section shall does not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot shall not be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

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

(2)   whether or not probable cause existed to justify the stop;

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

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

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

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

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

(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and

(d)   machine was working properly.

Nothing contained in this section prohibits the introduction of:

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

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

(a)   evidence of field sobriety tests;

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

(c)   evidence of the person's driving;

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

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

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

SECTION   5.   Section 56-5-2950 of the 1976 Code is amended to read:

"Section 56-5-2950.   (a)   A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the department, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, a ten an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 0.076 percent and 0.105 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.

No tests may be administered or samples obtained unless the person has been informed in writing that:

(1)   he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;

(2)   his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;

(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;

(4)(3)   he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and

(5)(4)   he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.

The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.

SLED shall must administer the provisions of this subsection and shall must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.

A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

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

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

(2)   If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent, that this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that this fact may be considered with other evidence in determining the guilt or innocence of the person.

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

(4)   If the alcohol concentration was at that time ten eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.

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

(c)   A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a) of this section.

(d)   A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.

(e)   The failure to strictly follow the provisions of this section and the policies, procedures, or regulations promulgated by SLED is prima facie evidence of prejudice against the person charged and any evidence so obtained is not admissible against the person in any proceeding."

SECTION   6.   Section 56-5-2951 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2951.   (A)   The Department of Public Safety shall must 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 must 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 for this purpose. 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) (F) 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 remains 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) (H); 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); (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;

(b)   the suspension is overturned, the person shall must 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)(C)   The period of suspension provided for in subsection (K) (I) 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)(D)   If a person does not request an administrative hearing, he shall have waived waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (K) (I).

(G)(E)   The notice of suspension shall must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall must 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 waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K) (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

(H)(F)   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 must 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; or

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

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

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

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

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

(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)(G)   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 stays the suspension until a final decision is issued.

(J)(1)(H)(1)     If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and 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 permits 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 permits 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.

(2)   If the department issues a special restricted driver's license, it shall must 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 may be charged 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)(I)(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 any other 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)(J)   A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) (I) 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 must 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)(K)   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)(L)   The department shall must 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)(M)   A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.

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

(R)(P)   If a person does not request an administrative hearing within the ten-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 permits 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 permits 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 must 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   7.   Section 56-5-2953 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"Section 56-5-2963.   (A)   A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 shall must have his conduct at the incident site and the breath test site videotaped.

(1)   The videotaping at the incident site must:

(a)   begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930, 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and

(b)   include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.

(2)   The videotaping at the breath site:

(a)   must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;

(b)   shall must include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;

(c)   shall must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;

(d)   shall must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.

The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.

(B)   Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should must begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances,; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.

(C)   A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved finally are finally determined.

(D)   SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.

(E)   Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half (87.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half (12.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED shall must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.

(F)   The Department of Public Safety and SLED shall must promulgate regulations necessary to implement the provisions of this section.

(G)   The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a videotaping device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a videotaping device."

SECTION   8.   The Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, notwithstanding any provision in the constitution or laws of any state to the contrary, and invests in the Congress the power to preempt state law.

Preemption occurs when the Congress, in enacting a federal statute, expresses a clear intent to preempt state law. However, nothing in Article VI or any other provision of the United States Constitution permits the federal government, the Congress, or federal agencies from withholding funds to which a state is otherwise entitled because of a state's failure to enact a state law consistent with some federal goal or policy. In this case, federal officials have indicated that certain federal highway funds will be withheld from South Carolina unless this State enacts legislation to make it unlawful for a person to drive a motor vehicle while his blood alcohol concentration level is eight one-hundredths of one percent or more rather than the ten one-hundredths of one percent or more.

The South Carolina General Assembly believes this is an action violative of the United States Constitution, and therefore directs the Attorney General of this State to bring an appropriate action in federal court at the earliest possible date challenging the constitutionality of this practice. Upon successful challenge of this practice, the law of the State of South Carolina in connection with the legal blood alcohol content must revert to the legal limit in effect immediately before the effective date of this act.

SECTION   9.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION   10.   Section 30 of Act 390 of 2000 is repealed.

SECTION   11.   This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor, or August 19, 2003, whichever is later.     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

Senator HUTTO proposed the following Amendment No. 1 (JUD3231.005), which was adopted:

Amend the bill, as and if amended, by adding new SECTIONS to read:

/   SECTION   .   Section 56-5-2940(2) of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

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

SECTION   .   Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2942.   (A)   A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.

(B)   For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.

(C)   Upon sentencing for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the department of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized.

(D)   Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.

(E)   An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.

(F)   An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:

(1)   he regularly drives the motor vehicle subject to immobilization;

(2)   the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;

(3)   no other vehicle is available for the use of the person;

(4)   the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945;

(5)   the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(G)   The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a vehicle or denying the release of the vehicle.

(H)   A person who operates an immobilized vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(I)   A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(J)   The court must assess a fee of forty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles."     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senators MARTIN and HUTTO proposed the following Amendment No. 2 (JUD3231.004), which was adopted:

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

/   SECTION   .   Article 3, Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-180.   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 56-5-2934 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 has 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 This 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 must provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall must 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 five days 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 eight hundred dollars nor more than six thousand three 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 a erson from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute constitutes 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.

Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory."

SECTION   4.   Section 56-5-2945 of the 1976 Code is 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 must 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 56-5-2952 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." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

On motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

S. 532 (Word version) -- Judiciary Committee: 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 REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Senator HAYES made a motion to make the Joint Resolution a Special Order.

The Joint Resolution was made a Special Order.

Senator McCONNELL, under the provisions of Rule 43, gave notice of a motion to suspend all or a portion of Rules 39 and 37.

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

Reappointment, Laurens County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

H. Wayne Copeland, 203 W. Pitts Street, Clinton, S.C. 29325

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

Reappointment, Lancaster County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Debra C. Dawkins, 304 Dixon Road, Lancaster, S.C. 29720

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

Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Bart S. McGuire, 407 S. Cambridge Street, Ninety Six, S.C. 29666

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

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Gregory P. Sloan, 211 West Liberty Street, Winnsboro, S.C. 29180 VICE Marion C. Smith

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

Reappointment, Chester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

R. Lonnie Sloan, P. O. Box 1065, Chester, S.C. 29706

On motion of Senator VERDIN, with unanimous consent, the Senate stood adjourned in memory of Matt Monroe of Laurens County, S.C.

Senator McCONNELL moved that, when the Senate adjourns on Friday, May 30, 2003, it stand adjourned to meet next Tuesday, June 3, 2003, at 11:00 A.M., which motion was adopted.

At 7:09 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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