Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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:
There in the garden the man and woman hid themselves. But, as we read in Genesis: "...the Lord God called to the man, and said to him, 'Where are you'?" (Genesis 3:9)
Please, join me as we pray:
Holy God, overwhelmed by all that is required of us, we, too, sometimes feel like hiding away: running from responsibilities, saying whatever first comes to mind just to stop debate, wanting to avoid life's tough decisions. Yet, we have chosen to serve You, O Lord. And here in this Senate we trust in Your promises to seek us out, to walk at our side, to guide us in those moments when the answers don't come easily. Bless each of these servants in this place, Father, and encourage them all by Your faithfulness.
In Your loving name we pray, Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am vetoing and returning without my approval S. 771, R-205.
(R205, S771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
This veto is based on my belief that this Bill is unconstitutional. S. 771, R-205 proposes to create the Allendale County Aeronautics and Development Commission and provides for the appointment of members, their terms, powers, duties, and responsibilities. This legislation affects only Allendale County and is, therefore, clearly an act for a specific county.
Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 771, R-205 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I have vetoed S. 771, R-205.
Sincerely,
Mark Sanford
(R205, S771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On motion of Senator McCONNELL, at 2:05 P.M., Senator LEATHERMAN was granted a leave of absence for today and tomorrow.
Senator MARTIN introduced Dr. Jennifer Root of Columbia, S.C., Doctor of the Day.
Senator FAIR rose for an Expression of Personal Interest.
At 2:12 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M. on Thursday, April 10, 2008.
There was no objection and a message was sent to the House accordingly.
The following co-sponsors were added to the respective Bills:
S. 1090 (Word version) Sen. Jackson
S. 1076 (Word version) Sens. Ford, Williams and Malloy
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTION 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
Senator LAND asked unanimous consent to recall the Bill from the Committee on Judiciary.
There was no objection and the Bill was recalled.
Senator LAND asked unanimous consent to give the Bill second reading.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, with unanimous consent, S. 1227 was ordered to receive a third reading on Thursday, April 10, 2008.
The following were introduced:
S. 1270 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-90-40 AND 38-90-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITALIZATION REQUIREMENTS AND FREE SURPLUS REQUIREMENT OF A CAPTIVE INSURANCE COMPANY, SO AS TO DELETE THE REQUIREMENT OF BEING NO MORE THAN TEN CELLS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO THE INCORPORATION OPTIONS AND REQUIREMENTS OF A PURE CAPTIVE INSURANCE COMPANY, SO AS TO DELETE CERTAIN REQUIREMENTS OF A COMPANY FORMED AS A CORPORATION AS A LIMITED LIABILITY COMPANY OR AS A RECIPROCAL INSURER; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED TO THE DIRECTOR OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO GIVE AUTHORITY TO THE DIRECTOR TO WAIVE OR GRANT AN EXTENSION TO THE FILING REQUIREMENT; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DIRECTOR, SO AS TO INCREASE FROM THREE TO FIVE YEARS THE TIME FOR THE INSPECTION AND EXAMINATION OF THESE COMPANIES AND DELETE THE AUTHORIZATION OF THE DIRECTOR TO ENLARGE THE THREE-YEAR PERIOD TO FIVE YEARS IF THE COMPANY IS SUBJECT TO A COMPREHENSIVE ANNUAL AUDIT; TO AMEND SECTION 38-90-90, RELATING TO THE SUSPENSION OR REVOCATION OF THE LICENSE OF A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR TO IMPOSE A FINE INSTEAD OF SUSPENDING OR REVOKING A LICENSE; TO AMEND SECTION 38-90-130, RELATING TO THE PARTICIPATION OF A CAPTIVE INSURANCE COMPANY IN A PLAN, POOL, ASSOCIATION OF GUARANTY OR INSOLVENCY FUND, SO AS TO EXEMPT PARTICIPATION IN A POOL FOR THE PURPOSES OF COMMERCIAL RISK SHARING IS NOT PROHIBITED UNDER THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 38-90-175, AS AMENDED, RELATING TO THE CREATION OF THE "CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND", SO AS TO PROVIDE THAT THE TRANSFER OF FUNDS FROM THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND MUST BE PURSUANT TO A REPORT PROVIDED TO THE TREASURER SPECIFYING THE PERCENTAGE OF TAXES TO BE TRANSFERRED NOT TO EXCEED FIFTY PERCENT; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO SPECIFY THAT THE PROVISION IN CHAPTERS 26 AND 27 OF TITLE 38 APPLY; AND TO AMEND SECTION 38-90-440, AS AMENDED, RELATING TO THE AUTHORITY OF A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC) TO APPLY FOR A LICENSE TO CONDUCT BUSINESS, SO AS TO CHANGE THE MANNER IN WHICH A NONREFUNDABLE FEE IS ASSESSED FOR PROCESSING THE SPFC'S APPLICATION FOR A LICENSE WHICH IS A MINIMUM OF TWELVE THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1271 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
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Read the first time and referred to the Committee on Education.
S. 1272 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 6-9-50(C)(2) OF THE 1976 CODE, RELATING TO THE ENERGY EFFICIENCY RATING OF INSULATION, TO PROVIDE THAT INSULATION RATED PURSUANT TO A RECOGNIZED INDUSTRY STANDARD DIFFERENT THAN THE R-VALUE STANDARD MAY BE USED WHEN CONSTRUCTING RESIDENTIAL BUILDINGS AND TO AMEND SECTION 6-10-30(D), RELATING TO BUILDING ENERGY EFFICIENT STRUCTURES, TO PROVIDE THAT INSULATION RATED PURSUANT TO A RECOGNIZED INDUSTRY STANDARD DIFFERENT THAN THE R-VALUE STANDARD MAY BE USED WHEN CONSTRUCTION ENERGY EFFICIENT ONE AND TWO FAMILY DWELLINGS.
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Read the first time and referred to the Committee on Judiciary.
S. 1273 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-550 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL ROUTE RESTRICTED DRIVER'S LICENSES TO PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED FOR OPERATING UNINSURED MOTOR VEHICLES, OR FOR FAILING TO COMPLY WITH TRAFFIC CITATIONS OR DEPARTMENT OF NATURAL RESOURCES SUMMONSES FOR LITTERING VIOLATIONS, TO PROVIDE A FEE FOR ITS ISSUANCE, TO PROVIDE FOR THE DISTRIBUTION OF THE FEE, AND TO PROVIDE PENALTIES FOR THE OPERATION OF A MOTOR VEHICLE OUTSIDE THE RESTRICTIONS IMPOSED BY THESE DRIVER'S LICENSES.
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Read the first time and referred to the Committee on Transportation.
S. 1274 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL BAND FOR RECEIVING THE 2007 JOHN PHILIP SOUSA FOUNDATION'S "SUDLER FLAG OF HONOR" AWARD.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1275 (Word version) -- Senators Patterson, Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF NURSE JEAN SANDERS HOPKINS, A CHERISHED CITIZEN OF RICHLAND COUNTY, UPON THE OCCASION OF HER SEVENTY-SEVENTH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF PROSPERITY AND HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1276 (Word version) -- Senators Jackson, Lourie, Leventis, Knotts, Malloy, Patterson, Setzler, Williams, Cromer, Matthews, Anderson, Land, Pinckney, Hutto, Fair, Hayes, Thomas, McGill, Martin and Massey: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIVERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1277 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 44-74-20 AND 44-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIC TECHNOLOGISTS, SO AS TO ALSO PROVIDE FOR THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIST ASSISTANTS; TO AMEND SECTION 44-73-40, RELATING TO QUALIFICATIONS TO BE CERTIFIED AS A RADIOLOGIC TECHNOLOGIST, SO AS TO ALSO PROVIDE QUALIFICATIONS FOR AN INITIAL CERTIFICATION AS A RADIOLOGIST ASSISTANT AND FOR LICENSURE AS A RADIOLOGIST ASSISTANT; AND TO AMEND SECTION 44-74-60, RELATING TO THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION BOARD, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE FOR TWO RADIOLOGIST ASSISTANT MEMBERS ON THE BOARD, TO PROVIDE THAT MEMBERS MUST BE APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON THE RECOMMENDATION OF ENUMERATED RADIOLOGIC HEALTH PROFESSIONAL ORGANIZATIONS, AND TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF FOUR YEARS.
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Read the first time and referred to the Committee on Medical Affairs.
H. 3058 (Word version) -- Reps. W. D. Smith, Haskins, Young, G. R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M. A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
Read the first time and referred to the Committee on Judiciary.
H. 3592 (Word version) -- Rep. Ballentine: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX THE VALUE OF A MOTORCYCLE OWNED OR LEASED BY AND LICENSED AND REGISTERED IN THE NAME OF A DISABLED VETERAN OF WAR.
Read the first time and referred to the Committee on Finance.
H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Finance.
H. 4157 (Word version) -- Reps. Stewart, Taylor, D. C. Smith, Hart, Gullick, Bedingfield, Toole, Hardwick, Young, Simrill, G. M. Smith, Weeks, Williams, Erickson, Umphlett, Moss, Clemmons, Vick, J. R. Smith, Hagood and Hodges: 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 77 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "MILITARY VETERANS MOTORCYCLE" SPECIAL LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.
Read the first time and referred to the Committee on Finance.
H. 4550 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Littlejohn, G. R. Smith, Toole, Huggins, Bedingfield, Lowe, Viers, Herbkersman, Duncan, Skelton, Haley, Hardwick, Frye, Erickson, Bingham, Bowen, Brady, Taylor, Mahaffey, J. R. Smith, Hutson, Pinson, Bannister, Clemmons, Delleney, Gambrell, Merrill, Mulvaney, E. H. Pitts, Rice, Sandifer, Shoopman, D. C. Smith, Spires, Umphlett, Whitmire, Cotty, Loftis, Vick, Owens, Knight, Talley and Leach: A BILL TO DESIGNATE SECTION 5 OF ACT 115 OF 2007 AS SECTION 12-6-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION IN THE SOUTH CAROLINA INDIVIDUAL INCOME TAX LIABILITY OF INDIVIDUALS BY SUBJECTING THE BOTTOM OF THE 2.5 PERCENT STATE INDIVIDUAL INCOME RATE TO A TAX RATE OF ZERO, SO AS TO PROVIDE FURTHER RATE REDUCTIONS FOR MARRIED TAXPAYERS BY REDUCING THE THREE PERCENT RATE TO TWO PERCENT OVER THREE YEARS AND TO DEFINE "MARRIED TAXPAYER" CONSISTENTLY WITH THE DEFINITION FOR MARRIAGE PROVIDED IN THE CONSTITUTION OF THIS STATE.
Read the first time and referred to the Committee on Finance.
H. 4685 (Word version) -- Reps. Limehouse, Loftis, Lowe, Crawford, Davenport, Hardwick, Leach, Bannister, Bingham, Brantley, Cato, Clemmons, Duncan, Hagood, Mulvaney, M. A. Pitts, Scarborough, Shoopman, Toole, Umphlett, Vick, Witherspoon, Barfield, Cotty, Huggins, G. Brown, Bedingfield and Erickson: A BILL TO AMEND SECTION 12-37-714, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SITUS OF BOATS FOR PURPOSES OF PROPERTY TAX, SO AS TO CHANGE THE EXISTING SITUS REQUIREMENTS BY INCREASING TO A TOTAL OF ONE HUNDRED EIGHTY DAYS IN A PROPERTY TAX YEAR THE TIME IN THIS STATE NECESSARY FOR THE BOAT TO BE SUBJECT TO PROPERTY TAX.
Read the first time and referred to the Committee on Finance.
H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W. D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F. N. Smith, Talley, Young, Knight and Hodges: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Read the first time and referred to the Committee on Finance.
H. 4774 (Word version) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W. D. Smith, Williams and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Read the first time and referred to the Committee on Finance.
H. 4876 (Word version) -- Reps. Cooper and Cotty: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM; BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; TO AMEND TITLE 9 BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS; BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-35 AND 9-8-185 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-31 AND 9-9-175 TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.
Read the first time and referred to the Committee on Finance.
H. 4904 (Word version) -- Reps. Alexander, Branham, Crawford, Lowe and Williams: A CONCURRENT RESOLUTION TO COMMEMORATE THE FIFTIETH ANNIVERSARY OF THE UNINTENTIONAL RELEASE OF AN UNARMED ATOMIC WARHEAD OVER THE MARS BLUFF COMMUNITY IN FLORENCE COUNTY.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 4918 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 302 AND FISH HATCHERY ROAD IN LEXINGTON COUNTY "BILLY G. STONE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BILLY G. STONE INTERSECTION".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4929 (Word version) -- Reps. Haley, Toole, Ballentine, Bingham, Frye, Huggins, McLeod, Ott and Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PLATT SPRINGS ROAD IN LEXINGTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 6 TO ITS INTERSECTION WITH KYZER ROAD THE "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4970 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF WILHELMINA MCBRIDE, OF RICHLAND COUNTY, AND TO COMMEND HER FOR NEARLY A QUARTER CENTURY OF SERVICE TO THE WIL LOU GRAY OPPORTUNITY SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4971 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MARIE D. LEWIS, OF BEAUFORT COUNTY, FOR HER WORK AS NATIONAL PRESIDENT OF CHUMS, INC.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4972 (Word version) -- Reps. Walker, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK" OF APRIL 14-18, 2008, AND ON "INDEPENDENT COLLEGE AND UNIVERSITY DAY" ON APRIL 16, 2008, FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING OUR STATE'S AND NATION'S YOUTH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4975 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BOILING SPRINGS GEYSER SITE IN SPARTANBURG COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4989 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LOUIE GOLDEN, ATHLETIC DIRECTOR AND HEAD BOYS BASKETBALL COACH FOR GREENVILLE'S SOUTHSIDE HIGH SCHOOL, FOR THIRTY-SIX YEARS OF COACHING EXCELLENCE, TYPIFIED BY HIS LATEST WIN, THE 2008 CLASS AA STATE BOYS BASKETBALL CHAMPIONSHIP TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4990 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARTHA DABBS GREENWAY OF SUMTER COUNTY FOR MORE THAN THIRTY YEARS OF OUTSTANDING DEDICATED PUBLIC SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator REESE a minority unfavorable report on:
S. 860 (Word version) -- Senators McConnell, Campsen, O'Dell, Elliott, McGill and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR A PORTION OF THE EXPENSES OF INSTALLING OR IMPROVING A FIRE PROTECTION SPRINKLER SYSTEM IN A COMMERCIAL STRUCTURE IN WHICH SUCH A SYSTEM IS NOT REQUIRED BY STATUTE, REGULATION, OR CODE AND TO PROVIDE THE REQUIREMENTS TO CLAIM THE CREDIT; BY ADDING SECTION 38-75-70 SO AS TO PROVIDE FOR A MINIMUM PREMIUM DISCOUNT AS PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR A COMMERCIAL POLICY OF PROPERTY INSURANCE IF THERE IS INSTALLED AND PROPERLY MAINTAINED A FIRE SPRINKLER SYSTEM IN THE INSURED PROPERTY; AND BY ADDING SECTION 40-10-275 SO AS TO PROHIBIT TAP-ON FEES FOR FIVE SPRINKLER SYSTEMS EXCEEDING THE STANDARD TAP-ON FEE OTHERWISE APPLICABLE FOR THE STRUCTURE.
Ordered for consideration tomorrow.
By prior motion of Senator THOMAS, the Bill was recommitted to the Committee on Finance, retaining its place on the Calendar.
Columbia, S.C., April 9, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.217, H. 3632 by a vote of 62 to 48:
(R217, H3632 (Word version)) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 9, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.222, H. 4686 by a vote of 104 to 0:
(R222, H4686 (Word version)) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
Very respectfully,
Speaker of the House
Received as information.
(R222, H4686 (Word version)) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
The veto of the Governor was taken up for immediate consideration.
Senator CROMER moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., April 8, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3496 was adopted as follows:
The Committee on Conference, to whom was referred:
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRAIL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE , SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVER'S WHOSE LICENSES HAVE BEEN SUSPENDED.
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 2/28/08--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-10. For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:
(1) 'Driver' means every person who drives or is in actual physical control of a vehicle.
(2) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) 'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(4) 'Department' means 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 the Department of Public Safety otherwise and in Section 56-3-840.
(5) 'State' means a state, territory, or possession of the United States and the District of Columbia.
(6) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.
(7) 'Motor vehicle' means every vehicle which is self- propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) 'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.
(9) 'Nonresident' means every person who is not a resident of this State.
(10) 'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.
(11) 'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.
(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.
(13) 'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.
(15) 'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.
(16) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood by weight; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(18) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.
(19) 'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface.
(20) 'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.
(21) 'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.
(22) 'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.
(23) 'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.
(24) 'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION 2. Section 56-1-286 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-286. (A) The Department of Motor Vehicles 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. 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, 56-5-2930, or 56-5-2933 arising from the same incident.
(B) A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe reasonable suspicion that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.
A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe reasonable suspicion that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.
(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is 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 licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division South Carolina Criminal Justice Academy, using methods approved by the division pursuant to SLED policies. The primary investigating officer may administer the test if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Blood samples must be obtained 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 obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars 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 breath testing devices, breath testing site video program, and toxicology laboratory.
The person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood tests is not admissible against the person in any proceeding. 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 officer. The officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance shall, at a minimum, include 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 to determine the person's alcohol concentration, SLED must test the blood and provide the result to the person and to the 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.
(E) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administering of tests at the direction of the primary investigating officer are immune from civil and criminal liability unless the obtaining of samples or the administering of tests is performed in a negligent, reckless, or fraudulent manner. A person may not be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(F) If a person refuses upon the request of the primary investigating officer to submit to chemical tests as provided in subsection (C), the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) six months; or
(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.
(G) If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) three months; or
(2) six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.
(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall must be suspended until he completes the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(I) A test may not be administered or samples taken unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally 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. If the person drives a motor vehicle 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 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 of Public Safety 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 of Motor Vehicles to defray its expenses. The temporary alcohol restricted license allows the person to drive a motor vehicle 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 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 must have his driver's license, permit, or nonresident operating privilege reinstated.
(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(N) The notice of suspension 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 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 must enroll in an Alcohol and Drug Safety Action Program, and he waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(O) An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days stating the reasons why the hearing was not held within thirty days and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing given a written copy of and verbally informed of the rights enumerated in subsection (I);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to all parties either reversing or 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.
(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal shall stay the suspension until a final decision is issued.
(Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(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 eight one-hundredths of one percent."
SECTION 3. Section 56-1-748 of the 1976 Code is amended to read:
"Section 56-1-748. No person issued a restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C), or Section 56-5-2951(H) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions."
SECTION 4. Section 56-5-2930 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while:
(1) under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;,
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;, or
(3) under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. 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 not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working 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. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working 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 instead of the thirty-day minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrate's court;
(2) for a second offense, 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 five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years.
(B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, 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.
(C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(D) For the purposes of this section a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, this section, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including but not limited to, Section 56-5-2933, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(E) 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.
(F) 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.
(G) Two hundred dollars of the fine imposed pursuant to subsection (A)(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 breath testing devices, breath testing site video program, and toxicology laboratory.
(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.
(I) A person charged for a violation of this section may be prosecuted pursuant to Section 56-5-2933 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 reasonable suspicion existed to justify the traffic stop. A person may not be prosecuted for both a violation of this section and a violation of Section 56-5-2933 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 the following:
(1) whether or not the person was lawfully arrested or detained;
(2) the period of time between arrest and testing;
(3) whether or not the person was given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;
(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and whether the:
(a) reported alcohol concentration at the time of testing was 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.
(J) 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 video recording 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 a motor vehicle 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 allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.
(K) For the purpose of this section, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court.
(L) In cases in which enhanced penalties for higher levels of alcohol concentration may be applicable, upon the determination of guilt, the finder of fact shall determine the alcohol concentration and the judge shall apply the appropriate penalty. In cases involving jury trials, upon the return of a guilty verdict by the jury, the judge shall instruct the jury to make a finding of fact as to the following: 'We the jury find the alcohol concentration of the defendant to be (1) at least eight one-hundredths of one percent but less than ten one-hundredths of one percent; (2) at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent; or (3) sixteen one hundredths of one percent or more.' Based on the jury's finding of fact, the judge shall apply the appropriate penalty. If the jury cannot reach a unanimous verdict as to the finding of fact, then the judge shall sentence the defendant based on the non-enhanced penalties."
SECTION 5. Section 56-5-2933 of the 1976 Code is further amended to read:
"Section 56-5-2933. (A) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is 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 driving with an unlawful alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. 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 not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working 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. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working 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 instead of the thirty-day minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrate's court;
(2) for a second offense, 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 five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years.
(B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, 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.
(C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(D) For the purposes of this chapter a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, Section 56-5-2930, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including but not limited to, this section, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(E) 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.
(F) 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.
(G) Two hundred dollars of the fine imposed pursuant to subsections (A)(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 breath testing devices, breath testing site video program, and toxicology laboratory.
(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.
(I) A person charged for a violation of Section 56-5-2930 but may be 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 articulable reasonable suspicion existed to justify the traffic stop. This section does not apply to cases arising out of a stop at a traffic roadblock or driver's license checkpoint. A person shall not may 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 articulable suspicion existed to justify the stop;
(3)(2) the period of time between arrest and testing;
(4)(3) whether or not the person was advised in writing given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;
(5)(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and whether the:
(a) reported alcohol concentration at the time of testing was 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.
(J) 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 video recording 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 allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least fourteen thirty calendar days before his trial date.
(K) For the purpose of this section, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court.
(L) In cases in which enhanced penalties for higher levels of alcohol concentration may be applicable, upon the determination of guilt, the finder of fact shall determine the alcohol concentration and the judge shall apply the appropriate penalty."
SECTION 6. Section 56-5-2934 of the 1976 Code 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 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. 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. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
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, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired."
SECTION 7. Section 56-5-2942 of the 1976 Code is amended to read:
"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 receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court department 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 Motor Vehicles 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 determine all vehicles registered to the convicted person, both solely and jointly, and suspend all vehicles registered to the person.
(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 motor vehicle is available for the use of the person person's use;
(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; or
(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 motor vehicle or denying the release of the motor vehicle.
(H) A person who operates drives an immobilized motor 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 A fee of fifty 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 must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles.
(K) For purposes of this article, a conviction of or plea of nolo contendere to Section 56-5-2933 is considered a prior offense of Section 56-5-2930."
SECTION 8. Section 56-5-2945(A) and (B) of the 1976 Code is amended to read:
"(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony the offense of felony driving under the influence 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.
A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation 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 of Motor Vehicles must suspend the driver's license of 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 a term period of imprisonment incarceration plus three years for a conviction of Section 56-5-2945 when 'great bodily injury' occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, or supervised furlough community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently."
SECTION 9. Section 56-5-2950 of the 1976 Code is amended to read:
"Section 56-5-2950. (a)(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 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 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, 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 suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs, the officer may order that a urine sample be taken for testing. A breath sample taken for testing must be collected within two hours of the arrest. Any additional tests to collect other samples must be collected within three hours of the arrest. If the alcohol concentration is 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 of Public Safety South Carolina Criminal Justice Academy, 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, an eight one- hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 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.
(B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally 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 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 thirty days one month if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) 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.
(C) 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 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.
(D) 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.
(E) 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 performs 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 must administer the provisions of this subsection and 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. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars 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 breath testing devices, breath testing site video program, and toxicology laboratory.
(F) 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)(G) 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 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 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 if the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person.; or
(3) If if the alcohol concentration was at that time 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 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)(H) 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) (A) of this section.
(d)(I) 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)(J) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence of any tests results, if the trial judge or hearing officer finds that such this failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure and the court trial judge or hearing officer rules specifically as to the manner in which the failure materially affected the accuracy or reliability of the test results or the fairness of the procedure.
(f)(K) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at an administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."
SECTION 10. Section 56-5-2951 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-5-2951. (A) The Department of Motor Vehicles 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 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) 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 of Motor Vehicles a form 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 of Public Safety 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 of Motor Vehicles to defray the its expenses of the Department 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 (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the Department of Motor Vehicles 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 (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 (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 must have his driver's license, permit, or nonresident operating privilege reinstated.
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.
(C) The period of suspension provided for in subsection (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.
(D) If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).
(E) The notice of suspension must advise the person of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also 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 waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (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.
(F) An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days, stating the reasons why the hearing was not held within thirty days, and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a hearing date, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and
(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 all parties either reversing or 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.
(G) An administrative hearing is a contested case proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal stays the suspension until a final decision is issued on appeal.
(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 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 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 must designate reasonable restrictions on the times during which and routes on which the individual may operate drive 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 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 of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of Driving 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.
(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 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 six months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or (b) thirty days one month 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:
(a) for a second offense, one hundred eighty days nine months if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days two months 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;
(b) for a third offense, twelve months if he refuses to submit to a test pursuant to Section 56-5-2950 or three months 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; and
(c) for a fourth or subsequent offense, fifteen months if he refuses to submit to a test pursuant to Section 56-5-2950 or four months 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.
(J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (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 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.
(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.
(L) The department 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.
(M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(N) An insurer may not increase premiums on, or add surcharges to, or cancel 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 another 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 based solely on the violation unless he is convicted of the violation.
(O) The department must administer the provisions of this section and must promulgate regulations necessary to carry out its provisions.
(P) If a person does not request an administrative hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved a certified Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license 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 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 must designate reasonable restrictions on the times during which and routes on which the individual may operate drive 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 a certified Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 11. Section 56-5-2953 of the 1976 Code is amended to read:
"Section 56-5-2953. (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site videotaped video recorded.
(1)(a) The videotaping video recording at the incident site must:
(a)(i) not 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)(ii) include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered.; and
(iii) include the arrest of a person for a violation of Section 56-5-2930 or Section 56-5-2933, or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights.
(b) A refusal to take a field sobriety test does not constitute disobeying a police command.
(2) The videotaping video recording at the breath test site must:
(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) must include the reading of Miranda rights, the entire breath test procedure, the person being informed that he is being videotaped video recorded, and that he has the right to refuse the test;
(c)(b) must include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test; and
(d)(c) 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 video record this waiting period. However, if the arresting officer administers the breath test, the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
(3) The videotapes video recordings 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 relevant 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 video recording 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 video recording equipment at the time of the arrest, or probable cause determination, or video equipment at the breath test device facility was in an inoperable condition, stating which 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 video recording because the person needed emergency medical treatment, or exigent circumstances existed. Further, in In circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping video recording equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes video recordings required by this section is not alone a ground for dismissal. However, as soon as videotaping video recording is practicable in these circumstances, videotaping video recording 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 video recording 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 video recording.
(C) A videotape video recording must not be disposed of in any manner except for its transfer to a master tape recording for consolidation purposes until the results of any legal proceeding in which it may be involved are finally determined.
(D) SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping video recording 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 video recording 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 video recording equipment.
(E) Beginning one month from the effective date of this act section, 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 video recording devices and supplies. Once all breath test sites have been equipped fully with videotaping video recording devices and supplies, eighty-seven and one-half 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 video recording equipment for vehicles used for traffic enforcement. The remaining twelve and one-half 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 video recording 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 video recording equipment. The Department of Public Safety and SLED 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 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 video recording 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 video recording device."
SECTION 12. Section 56-5-2954 of the 1976 Code is amended to read:
"Section 56-5-2954. The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. These records must be electronically recorded. These records, including any and all remarks, must be entered into a breath testing device and subsequently made available on the State Law Enforcement Division website. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."
SECTION 13. Section 1-23-600 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-600. (A) A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.
(B) An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those arising under the Occupational Safety and Health Act, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court. Unless otherwise provided by statute, the standard of proof in a contested case is by a preponderance of the evidence.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D) An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.
(E) Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.
(F) Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.
(G)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State.
(2) A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.
(3) The general rule of subsection (G)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.
(4) After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.
(5) A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.
(6) Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court.
(H) If a petition for judicial review of a final order of the Administrative Law Court is not filed appealed in accordance with the provisions of Section 1-23-600, upon request of a party to the proceedings, the clerk of the Administrative Law Court must file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court."
SECTION 14. Section 1-23-660 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:
"Section 1-23-660. There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court shall prescribe. All employees of the division shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.
The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.
Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs and officer who requested a breath test and any law enforcement agency that employs a person who acted as a breath test operator resulting in a suspension pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for enforcement and administration of those rules and for the issuance of advisory opinions on the requirements of those rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 8-13-230. Notwithstanding another provision of law, an administrative law judge or hearing officer, and the judge's or hearing officer's spouse or guest, may accept an invitation to and attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, the legal system, or the administration of justice. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION 15. Section 56-1-1090 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate hearing officer of the Division of Motor Vehicle Hearings unless the period is reduced to two years as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition to the Division of Motor Vehicle Hearings and for good cause shown, the hearing officer may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe in accordance with regulations promulgated pursuant to this section, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after two years have expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the hearing officer. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled. The department must promulgate regulations to implement the provisions of this section as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the terms and conditions under which the habitual offender suspension period may be reduced."
SECTION 16. Section 56-5-2949 of the 1976 Code is amended to read:
"Section 56-5-2949. In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, or breath site videotaping, or ignition interlock video recording which is in effect on or after July 1, 2000, shall must be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."
SECTION 17. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. (A) A person must not be considered for intervention if:
(1) he previously has been accepted into an intervention program; or
(2) the person is charged with:
(a) blackmail;
(b) driving under the influence of intoxicating liquor or drugs or driving with an unlawful alcohol concentration;
(c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 18. Section 56-1-365(F) of the 1976 Code is amended to read:
"(F) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days six months after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day six-month period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."
SECTION 19. Section 56-1-430 of the 1976 Code is amended to read:
"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such conviction shall act as a supersedeas so as to preclude for a period of sixty days six months from the date of conviction, any such suspension or revocation."
SECTION 20. Section 56-5-2947(A) of the 1976 Code is amended to read:
"(A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-750;
(b) Section 56-5-2930; or
(c) Section 56-5-2933; or
(c)(d) Section 56-5-2945; and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.
If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section."
SECTION 21. Sections 56-5-2940 and 56-5-3000 are repealed.
SECTION 22. If any section, subsection, item, subitem, 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 act, and each and every section, subsection, item, subitem, 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 23. 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 24. This act takes effect at 12:00 p.m. on February 10, 2009. /
Amend title to conform.
/s/ Sen. Larry Martin /s/ Rep. G. Murrell Smith, Jr. /s/ Sen. Brad Hutto /s/ Rep. Scott Talley /s/ Sen. "Jake" Knotts, Jr. /s/ Rep. J. David Weeks On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 1263 (Word version) -- Senators Ceips and Lourie: A CONCURRENT RESOLUTION HONORING THE SPECIAL FRIENDSHIP BETWEEN SOUTH CAROLINA AND ISRAEL AND EXPRESSING APPRECIATION TO HIS EXCELLENCY AMBASSADOR REDA MANSOUR AND THE STAFF OF THE CONSULATE GENERAL OF ISRAEL TO THE SOUTHEASTERN UNITED STATES FOR ACTING AS SOUTH CAROLINA'S OFFICIAL LIAISON WITH THE STATE OF ISRAEL FOR TRADE, COOPERATION, EDUCATION, AND FRIENDSHIP.
Returned with concurrence.
Received as information.
S. 1268 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2008, AS "SHAKEN BABY SYNDROME AWARENESS WEEK", RAISING AWARENESS REGARDING SHAKEN BABY SYNDROME, AND COMMENDING THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4731 (Word version) -- Reps. Mitchell, Govan, Harrell, Miller and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-85 SO AS TO PROVIDE THAT THE NINETEENTH DAY OF JUNE OF EACH YEAR IS DESIGNATED AS "JUNETEENTH CELEBRATION OF FREEDOM DAY" TO COMMEMORATE AND REFLECT ON THE FREEDOM OF AFRICAN AMERICANS AND THEIR CONTRIBUTIONS TO THIS STATE AND NATION.
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senators LOURIE and HUTTO proposed the following amendment (JUD0472.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-2941 of the 1976 Code is amended to read:
"Section 56-5-2941. (A)(1) Except as otherwise provided in this section, in addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, or violating the provisions of another law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, the court Department of Motor Vehicles must require the person, if he is a subsequent offender and a resident of this State, to have installed on any motor vehicle the person operates drives an ignition interlock device designed to prevent the operation driving of the motor vehicle if the operator person has consumed alcoholic beverages. The court Department of Motor Vehicles may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device.
(2) The court, in imposing the requirements of this section, shall:
(a) specify that the The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is two years for a second offense, three years for a third offense, and the remainder of the offender's life for a fourth or subsequent offense. Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945;.
(B) If a person who is a subsequent offender and a resident of this State is convicted of violating the provisions of a law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, and, as a result of the conviction, the person is subject to an ignition interlock device requirement in the other state, the person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(C) If a person from another state becomes a resident of South Carolina while subject to an ignition interlock device requirement in another state, the person may only obtain a South Carolina driver's license if the person enrolls in the South Carolina ignition interlock device program pursuant to this section. The person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.
(b)(D) provide for The offender shall be subject to an Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. An offender receiving a total of two points will have their length of time that the interlock device is required extended by two months. An offender receiving a total of three points will have their length of time that the interlock device is required extended by four months and must submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the individual not complete the recommended plan, or not make progress toward completing the plan, the Department of Motor Vehicles must suspend the individual's driver's license until the plan is completed or progress is being made toward completing the plan. An offender receiving a total of four points shall have their license suspended for a period of one year and submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Completion of the plan is mandatory as a condition of reinstatement of the person's driving privileges. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Probation, Parole and Pardon Services Motor Vehicles of an individual's completion and compliance with education and treatment programs. The Department of Probation, Parole and Pardon Services is responsible for notifying the Department of Motor Vehicles of any suspensions or reinstatements due to an individual's compliance with substance abuse education and treatment programs;
(c)(E) provide that the The cost of the interlock device must be borne by the offender; however, that if the offender believes he is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order offender may submit a request to the Department of Probation, Parole and Pardon Services for a determination of indigency as pertains to the cost of the ignition interlock device. If the Department of Probation, Parole and Pardon Services determines that the offender is indigent as pertains to the ignition interlock device, it may authorize an interlock device to be affixed to the motor vehicle and the cost of the installation and use of the ignition interlock device to be paid for by the Interlock Device Fund managed by the Department of Probation, Parole and Pardon Services;. The determination of indigency is subject to periodic review at the discretion of the Department of Probation, Parole and Pardon Services.
(d)(F) require the The ignition interlock service provider to must collect and remit monthly to the Interlock Device Fund a fee as determined by the Department of Probation, Parole and Pardon Services not to exceed three hundred sixty dollars per year for each year the person is required to operate drive a vehicle with an ignition interlock device. Any ignition service provider failing to properly remit funds to the Interlock Device Fund may be decertified as an ignition interlock service provider by the Department of Probation, Parole and Pardon Services. If a service provider is decertified for failing to remit funds to the Interlock Device Fund, the cost for removal and replacement of an ignition interlock device must be borne by the service provider; and
(e)(G) require the The offender to must have the interlock device inspected every sixty days to verify that the device is affixed to the motor vehicle and properly operating, and to allow for the preparation of an interlock device inspection report by the service provider indicating the offender's alcohol content at each attempt to start and running re-test during each sixty-day period. Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on interlock devices may conduct inspections. The service provider must immediately report any devices that fail inspection to the Department of Probation, Parole and Pardon Services. The report must contain the name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection, and indicate the offender's alcohol content at each attempt to start and running re-test during each sixty-day period. Failure of the offender to have the interlock device inspected every sixty days will result in one interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender attempted to start the motor vehicle with an alcohol concentration of two one-hundredths of one percent or more, the offender is assessed one-half interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration between two one-hundredths of one percent and less than four one-hundredths of one percent, the offender is assessed one-half interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration between four one-hundredths of one percent and less than fifteen one-hundredths of one percent, the offender is assessed one interlock device point. Upon review of the interlock device inspection report, if the report reflects that the offender violated a running re-test by having an alcohol concentration above fifteen one-hundredths of one percent, the offender is assessed two interlock device points. An individual may appeal any interlock device points received to an Administrative Hearing Officer with the Department of Probation, Parole and Pardon Services Hearing Officers through a process established by the Department of Probation, Parole and Pardon Services. The Administrative Hearing Officer's decision on appeal shall be final and no appeal from such decision shall be allowed.
(B) An order of the court imposing the requirements of this section must be transmitted to the Department of Motor Vehicles in the manner provided in Section 56-5-2970.
(C)(H) Ten years from the date of the person's last conviction and every five years thereafter a fourth or subsequent offender whose license has been reinstated pursuant to Section 56-1-385 may apply to the Department of Probation, Parole and Pardon Services for removal of the ignition interlock device and the removal of the restriction from his driver's license. The Department of Probation, Parole and Pardon Services may, for good cause shown, remove the device and remove the restriction from the offender's license.
(D)(I) Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock restriction to operate drive a motor vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who violates this section must be punished in the manner provided in Section 56-5-2940.
(E)(J) An offender that is required in the course and scope of his employment to operate drive a motor vehicle owned by the offender's employer may operate drive his employer's motor vehicle without installation of an ignition interlock device, provided that the offender's use of the employer's motor vehicle is solely for the employer's business purposes. This subsection does not apply to an offender who is self-employed or to an offender who is employed by a business owned in whole or in part by the offender or a member of the offender's immediate family.
(F)(K) It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock system installed on a motor vehicle pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(G)(L) It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender with a motor vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(H)(M) It is unlawful for an offender to solicit or request another person, or for a person to solicit or request another person on behalf of an offender, to engage an ignition interlock system to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(I)(N) It is unlawful for another person to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(J)(O) Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.
(1) The Department of Probation, Parole and Pardon Services must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running re-tests must record violations of an alcohol concentration of two one-hundredths of one percent or more.
(2) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified devices and their manufacturer. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the noncertified device.
(3) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
(K)(P) In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services policy concerning ignition interlock devices must be made publicly accessible on the Department of Probation, Parole and Pardon Service's internet web site.
(L)(Q) The Department of Probation, Parole and Pardon Services shall develop policies including, but not limited to, the certification, use, maintenance, and operation of ignition interlock devices and Interlock Device Fund."
SECTION 2. Section 56-1-400 of the 1976 Code is amended to read:
"Section 56-1-400. The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the Department of Motor Vehicles. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants, or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the Department of Motor Vehicles, a new license issued to him. The Department of Motor Vehicles shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the Department of Motor Vehicles, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, the Department of Motor Vehicles, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. In the case of a license suspended for driving under the influence of intoxicants, the restriction on the license returned to the licensee, or the new license issued to the licensee, must conspicuously identify the licensee as a person who may only operate drive a motor vehicle with an ignition interlock device installed and the restriction must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-5-2941. No license containing an ignition interlock device restriction shall be issued by the Department of Motor Vehicles without written notification from the authorized ignition interlock service provider that the device has been installed and confirmed to be in working order. If a person chooses to not have an interlock device installed, the license will remain suspended for three years from the date the suspension for driving under the influence of intoxicants ends. If during this three-year period the person decides to have the ignition interlock device installed, the device must be installed for the full suspension period or until the end of the three-year period, whichever comes first. After five years from the date of conviction or suspension, the driver may apply for a new identical license, and the Department of Motor Vehicles shall issue such identical license without any notation of suspension endorsed thereon. But this This provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.
Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Motor Vehicles with proof that the fine owed by the person has been paid before the Department of Motor Vehicles may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION 3. 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 4. This act takes effect one year from the signature of the Governor. /
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 sent to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 4844 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
On motion of Senator WILLIAMS, with unanimous consent, H. 4844 was ordered to receive a third reading on Thursday, April 10, 2007.
S. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
Senator PEELER explained the Bill.
S. 1264 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE CHIEF INTERNAL AUDITOR OF THE DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator GROOMS explained the Joint Resolution.
S. 1265 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE COMMISSIONERS OF PILOTAGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator CAMPSEN explained the Joint Resolution.
S. 1266 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE SECRETARY OF TRANSPORTATION'S APPROVAL OF CERTAIN ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3168, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator GROOMS explained the Joint Resolution.
S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.
Senator GREGORY explained the Bill.
S. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.
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 (JUD0911.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 40 in Section 7-17-220, as contained in SECTION 1, and inserting therein the following:
/ telecommunication or electronic communication. Any meeting of the Board of Canvassers as provided in this section must be accessible and without cost to the public and must comply with the notice requirements of the Freedom of Information Act, Chapter 4 of Title 30." /
Amend the bill further, as and if amended, page 2, by striking line 28, in Section 7-17-510, as contained in SECTION 2, and inserting therein the following:
/ or electronic communication. Any meeting provided for in this section must be accessible and without cost to the public and must comply with the notice requirements of the Freedom of Information Act, Chapter 4 of Title 30." /
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, passed and ordered to a third reading.
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (DKA\3845DW08), which was adopted:
Amend the bill, as and if amended, Section 38-43-20(A), SECTION 1, page 2, by striking beginning on line 19 the subsection in its entirety and inserting:
/ (A) A person shall may not sell, solicit, or negotiate insurance in this State for any line or lines of insurance unless the person is licensed for that line of authority in accordance with this chapter. /
Renumber sections to conform.
Amend title to conform.
Senator CROMER 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.
S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHEHEEN proposed the following amendment (641VAS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ____. Section 59-63-20 of the 1976 Code is amended to read:
"Section 59-63-20. It is not lawful unlawful for any a person who is less than five or more than twenty-one years of age to attend any of the public schools a public school of this State, including kindergarten, except that:
(1) persons over twenty-one years of age may attend night schools;
(2) when a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the term if he is otherwise qualified to do so;
(3) students may enter kindergarten in the public schools of this State if they will attain the age of five on or before September first of the applicable school year or have substantially initiated a an accredited public or private school kindergarten program in another this State or another state that has a different attendance age requirement from South Carolina public schools;
(4) students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before September first of the applicable school year or have substantially initiated a first grade an accredited program in another state that has a different attendance age requirement from South Carolina or have attended a an accredited public or private school kindergarten program for one full school year;
(5) the restrictions in this section may be waived by the local board of school trustees in any the proper case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any students who fail to meet these requirements;
(6) four-year olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old children with disabilities in accordance with their individual education program, may participate in any public education preschool program, including optional child development programs. Children with disabilities served in four-year-old optional child development programs may be counted for funding under both funding sources." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN 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.
S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators KNOTTS and LOURIE proposed the following amendment (JUD1159.001), which was adopted:
Amend the bill, as and if amended, page 5, after line 2, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 61-4-50 of the 1976 Code is amended to read:
"Section 61-4-50. (A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(3) At the time the person who has unlawfully sold beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment shall also be notified of the violation.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION ___. Section 61-6-4080 of the 1976 Code is amended to read:
"Section 61-6-4080. (A) A person engaged in the sale of alcoholic liquors who knowingly sells the alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(3) At the time the person who has unlawfully sold alcoholic liquors to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment shall also be notified of the violation.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
Senator LOURIE explained the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J.H. Neal, Neilson, Pinson, E.H. Pitts, Rice, Rutherford, Sandifer, Scott, J.E. Smith, J.R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper, Young and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT THE "UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
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 (JUD3451.002), which was adopted:
Amend the bill, as and if amended, by striking on page 4, lines 19 through 42, and by striking on page 5, lines 1 and 2, in Section 30-6-20, as contained in SECTION 2, and inserting therein the following:
/ Section 30-6-20. Definitions.
In this chapter:
(1) 'Document' means information that is:
(a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) eligible to be recorded in the land records maintained by the register.
(2) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) 'Electronic document' means a document that is received by the register in an electronic form.
(4) 'Electronic Recording Committee' means a committee composed of seven members and charged with developing the standards to implement this chapter. The Secretary of State shall serve as the chairman of the committee and the Governor shall appoint six members as follows:
(a) one register from a county with a population greater than 100,000 according to the last decennial census, upon the recommendation of the South Carolina Clerks of Court and Registers of Deeds;
(b) one register from a county with a population greater than 33,000 and less than 100,000 according to the last decennial census, upon the recommendation of the South Carolina Clerks of Court and Registers of Deeds;
(c) one register from a county with a population less than 33,000 according to the last decennial census, upon recommendation of the S.C. Clerks of Court and Registers of Deeds;
(d) one representative of the title insurance industry, upon the recommendation of the Palmetto Land Title Association;
(e) one real estate professional, upon the recommendation of the South Carolina Realtors Association; and
(f) one attorney whose practice includes the real estate area of the law, upon the recommendation of the South Carolina Bar Association.
(5) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(6) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) 'Register' means the official, including the register of deeds, register of mense conveyances, or clerk of court, charged with the recording and indexing duties in Chapter 5 of Title 30.
(8) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. /
Amend the bill further, as and if amended, page 9, by striking lines 28 through 31, in Section 30-6-40(b), as contained in SECTION 2, and inserting therein the following:
/ (b) A register:
(1) who implements any of the functions listed in this section shall do so in compliance with the standards promulgated through regulation by the Office of the Secretary of State; /
Amend the bill further, as and if amended, page 10, by striking line 2, as contained in Section 30-6-40(b)(7), as contained in SECTION 2, and inserting therein the following:
/ authorized to collect pursuant to Section 8-21-310. /
Amend the bill further, as and if amended, page 14, by striking lines 14 and 15, in Section 30-6-50(a), as contained in SECTION 2, and inserting therein the following:
/ (a) Upon the recommendation of the Electronic Recording Committee, the Office of the Secretary of State shall promulgate regulations to adopt standards to implement this chapter. /
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, passed and ordered to a third reading.
H. 3605 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3605.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Article 1, Chapter 1, Title 62 of the 1976 Code is amended by adding:
"Section 62-1-110. Whenever an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary shall be subject to the attorney-client privilege unless waived by the fiduciary, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. The existence of a fiduciary relationship between a fiduciary and a beneficiary does not constitute or give rise to any waiver of the privilege for communications between the lawyer and the fiduciary.
South Carolina Reporter's Comments
This section was enacted and intended to: (i) expressly reject the concept of a 'fiduciary exception' to any attorney-client privilege; (ii) encourage full disclosure by the fiduciary to the lawyer to further the administration of justice; and (iii) foster confidence between a fiduciary and his lawyer that will lead to a trusting and open attorney-client dialogue. See Estate of Kofsky, 487 Pa. 473 (1979). This section also expressly rejects the holding set forth in the case of Riggs Natl. Bank v. Zimmer, 355 A.2d 709 (Del. Ch. 1976) trustee's invocation of the attorney-client privilege does not shield document from disclosure to trust beneficiaries) as applied by the Court in Floyd v. Floyd, 365 S.C. 56, 615 S.E.2d 465 (Ct. App. 2005)."
SECTION 2. This act takes effect upon approval by the Governor./
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, passed and ordered to a third reading.
H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL and KNOTTS proposed the following amendment (JUD3857.001), which was adopted:
Amend the bill, as and if amended, page 4, after line 15, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 17-15-30 of the 1976 Code is amended to read:
"Section 17-15-30. (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to any other person or the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of flight to avoid prosecution or failure to appear at other court proceedings.
(B) The court shall consider:
(1) the accused's criminal record, if any, including, but not limited to, any charges pending against the accused at the time release is requested;
(2) The court shall consider, if available, all incident reports generated as a result of the offense charged, if available; and
(3) whether the accused is not lawfully present in the United States in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration and poses a substantial flight risk due to this status.
(C) If a person has previously been released on bail pending trial and during his release is charged with a violent offense as defined by Section 16-1-60, and the court finds that no condition or combination of conditions will reasonably assure the appearance of the person as required or the safety of any other person and the community, then the court shall deny release of the person pending trial."
SECTION ___. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event, including, but not limited to, any charges pending against the person requesting bail. 'Violent offenses' as used in this section means the offenses contained in Section 16-1-60. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility." /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY 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.
S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
Senator LAND proposed the following amendment (111R002.JCL), which was adopted:
Amend the committee amendment, as and if amended, on page [111-1], by striking lines 36 and 37 and inserting:
/ (i) comes to a full and complete stop at the intersection for one hundred and twenty seconds; and /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Transportation proposed the following amendment (111R001.LKG), which was adopted:
Amend the bill, as and if amended, on page 3 by striking lines 4 - 17 and inserting:
/ (5) Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if:
(a) the traffic-control device is equipped with a vehicle sensor;
(b) the vehicle sensor has failed to detect the motorcycle, moped, or bicycle because of the motorcycle's, moped's, or bicycle's size or weight; and
(c) the driver or rider, as the case may be:
( i) comes to a full and complete stop at the intersection for a reasonable amount of time; and
(ii) exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and it is safe to proceed."
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, passed and ordered to a third reading.
S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.
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 (981R002.LKG), which was adopted:
Amend the bill, as and if amended, in SECTION 3, on page 3, by striking lines 11 - 16 and inserting:
/ (B) In order for the department to delete and remove a road of low traffic importance from the state highway secondary system, the department and the affected county or municipality must first agree upon which roads will be removed and deleted from the state highway secondary system and the location and amount of road mileage of higher traffic importance currently under the jurisdiction of the affected county or municipality that the department will add to the state secondary highway system. The mileage added to the state highway secondary system pursuant to this section must be equal to, or less than, the mileage of the road deleted and removed from the system. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN 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.
S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
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 (996R003.GEC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 15 of Title 57 of the 1976 Code is amended to read:
PROVISIONS AFFECTING FERRIES ONLY
Section 57-15-10. The governing body of every county may grant charters for ferries and establish ferries under the provisions of this chapter and shall report all such charters to the Secretary of State immediately after they are granted. (A) The Department of Transportation may provide for the establishment, operation, maintenance, and supervision of public ferries connecting parts of the state highway system.
(B) The governing body of a county may provide for the establishment, operation, maintenance, and supervision of public ferries connecting parts of public roads located within the county that are not under the control of the department.
(C) Where the boundary line between adjoining counties runs though a river or other body of water, the governing bodies of the counties may enter into an agreement providing for the establishment, operation, maintenance, and supervision of public ferries connecting state roads in the counties that are not under control of the department.
(D) The department, or a county governing body, may acquire, own, lease, charter, or otherwise control all vessels, boats, terminals, or other facilities required for the proper operation of ferries established and operated pursuant to this section.
Section 57-15-20. When the charter of any ferry has expired or is about to expire, it may be renewed or rechartered, and when a ferry is needed where no ferry has been heretofore chartered, it may be chartered by application to the governing body of the county in which the ferry is needed, and when the ferry is across a river at a point where such river is the boundary between two or more counties, then to the respective governing bodies of the counties concerned. The application shall be by petition after notice as required by law and after strictly observing and complying with all prerequisites required by law before the granting of such charters. The department and county governing bodies may enter into agreements with private entities to finance, acquire, construct, equip, maintain, or operate public ferries, in whole or in part, in this State.
Section 57-15-30. Such charter shall be granted to the applicant (petitioner), his heirs and assigns, for a term not to exceed twenty-one years and shall be subject to revocation at any time by the governing body which granted or renewed it, for such cause as to it may seem just and proper. Contributions from private citizens or public or private entities may be made to defray the operational or maintenance expenses of a ferry operated or maintained pursuant to this chapter. Contributors are immune from civil or criminal liability for damages resulting from acts or omissions of the ferry operator.
Section 57-15-40. The following shall be a sufficient form for such charter:
The State of South Carolina, County of __________: On the petition of __________, and it appearing that the public good will be observed thereby, a (or the) ferry across __________ river at __________, to be known as (or known as) __________ ferry, is hereby chartered (or rechartered), and vested in __________, the petitioner, his heirs, executors, administrators or assigns, for the term of ___ years, subject, however, to be revoked in the discretion of the governing body of said county at any time. Given under our hands and seals of office, this the ___ day of __________, A. D. 19___.
Section 57-15-50. If any person living within the space of one mile of any established ferry in any part of this State shall, for any fee, toll or reward whatsoever, transport any person, goods or cattle from one side only to the other of that river where any such established ferry shall be kept, the person taking any such fee, toll or reward shall forfeit and pay to the proprietor of the ferry next adjacent to the place where such fare was taken up treble the value of the fee, toll or reward given, paid or promised, to be recovered by warrant, under the hand and seal of one magistrate, or be imprisoned in the county jail for a period of not exceeding thirty days, any law, usage or custom to the contrary notwithstanding. But in case any passenger shall be detained more than half an hour at any such ferry, then any person living near such ferry may be at liberty to transport him, anything herein to the contrary notwithstanding.
Section 57-15-60. The following shall be the maximum rates of toll that shall be charged at each public ferry in this State chartered under the provisions of this chapter:
(1) For every passenger, five cents, except in the case of public steam ferries on which a maximum rate of ten cents for a single trip or passage may be charged;
(2) For every head of sheep, goats, hogs and other small animals, five cents;
(3) For every horse, mule and head of cattle, ten cents;
(4) For every passenger with single horse, mule, ox or other riding animal, twenty cents;
(5) For every single-horse buggy, cart or other vehicle, twenty-five cents;
(6) For every two-horse wagon or other vehicle, fifty cents;
(7) For every three-horse wagon or other vehicle, sixty-five cents; and
(8) For every four-horse wagon or other vehicle, seventy-five cents.
The governing body of any county may fix lower rates of toll for any one or more specific ferries in such county as the special local conditions and circumstances may demand, and in cases of ferries crossing rivers or streams forming boundary lines between any two counties, such lower rates may be fixed by the governing bodies of such two counties.
Section 57-15-70. It shall not be lawful to exact from the citizens of this State, nor shall any of them be compelled to pay, any toll for crossing any ferry within the limits of this State or for the crossing of their horses, cattle or other property at any such ferry when the boat or flat kept at such ferry is not used by them for such purpose.
Section 57-15-80. The keepers of all private ferries usually putting over passengers for hire shall pass over, free of charge or expense, all such persons as are by law exempted from the payment of ferriage at ferries established and allowed by act of the General Assembly.
Section 57-15-90. All managers and keepers of public ferries shall afford applicants immediate passage across the ferry at all hours, day and night, at the usual fees and charges. Every ferryman or ferry keeper of any public ferry who, by absence from the ferry or by negligence, causes the detention and delay at the ferry of any bona fide applicant for passage at such ferry for the space of one hour or more shall, upon conviction, be guilty of a misdemeanor and shall, upon conviction, be fined five dollars or imprisoned thirty days for each offense. But this section shall not apply to steam or free ferries.
Section 57-15-100. Every person keeping a ferry shall keep in good order the banks of the river or creek at such ferry. In case of neglect he shall be subject to a fine of three dollars for each and every day of such neglect, to be recovered before any magistrate having competent jurisdiction.
Section 57-15-110. All persons who may have charters for any ferry where it is necessary that slips should be used shall keep them in repair at their private expense.
Section 57-15-120. Each ferry owner or keeper in this State shall provide and keep attached to each end of his ferry flat a good and sufficient apron or, not having such aprons, shall keep, at each and every landing place, a good and sufficient abutment or inclined plane for the same. For default or neglect in so doing he shall be fined in a sum not exceeding ten dollars for every three days' continuance of such default, to be recovered in any court having jurisdiction. One half of any such fine shall go to the use of the State and the other half to the informer.
Section 57-15-130. Every person owning or operating any ferryboat or flat which is used on any of the navigable streams of this State or is landed upon soil thereof shall place and provide guards or a railing around the boat or flat so as to protect the lives and property of those using it. Any person violating the provisions of this section, on conviction thereof, shall be liable to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisoned not exceeding thirty days.
Section 57-15-140. (A) The Department of Transportation shall take over, maintain, and operate the ferry across the intracoastal waterway which traverses State Highway No. 716 which extends from a point on U. S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah Bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. The provisions of Article 13 of Chapter 5 of this title shall not apply to the operation, repair, or maintenance of any such ferry.
Contributions from private citizens or public or private agencies may be made with respect to defraying the operational or maintenance expenses of such ferry; provided, however, that any such contribution shall in no wise render legally liable or responsible any of the contributors.
(B) This section is repealed effective July 1, 2009."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN 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. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M.A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
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 (3853R004.LKG), which was adopted:
Amend the bill, as and if amended, by inserting on page 2, line 26:
/ SECTION 2. Section 56-5-4160 of the 1976 Code is amended by adding:
"(L) Notwithstanding any other provision of law, the maximum gross vehicle weight and axel weight limit for a vehicle or combination of vehicles equipped with an idle reduction system, as provided for in 23 U.S.C. 127, may be increased by an amount equal to the weight of the system, not to exceed four hundred pounds. Upon request by a law enforcement officer, the vehicle operator must provide proof that the system is fully functional and that the vehicle's gross weight increase allowed pursuant to this section is attributable only to the system."
SECTION 3. Section 56-5-4140(1)(a) of the 1976 Code is amended to read:
"(a)(1) The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:
(1) (i) Single-unit vehicle with two axles ................. 35,000 lbs.
(2) (ii) Single-unit vehicle with three axles................ 46,000 lbs.
(3) (iii) Single-unit vehicle with four axles.................. 63,500 lbs.
Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 63,500 lbs., in accordance with the table in (b) plus tolerances.
(4) (iv) Single-unit vehicle with five or more axles.....65,000 lbs.
Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 65,000 lbs., in accordance with the table in (b) plus tolerances.
(5) (v) Combination of vehicles with three axles........50,000 lbs.
(6) (vi) Combination of vehicles with four axles ........ 65,000 lbs.
(7) (vii) Combination of vehicles with five or more
axles..................................................... 73,280 lbs.
The gross weight imposed upon any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle.
The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section. except However, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).
(2) Enforcement tolerance is fifteen percent for a vehicle or trailer transporting unprocessed forest products or only on non-interstate routes.
(3) Enforcement tolerance is fifteen percent for a vehicle or trailer transporting sod only on non-interstate routes."
SECTION 4. Section 56-5-4060 of the 1976 Code is amended to read:
"Section 56-5-4060. (A)(1) No vehicle, unladen or with load, may exceed a height of thirteen feet six inches except that the height of an automobile transporter unit the height of which or a heavy truck transporting one or more other heavy trucks in a saddle mount combination may not exceed fourteen feet. Automobile transporters and heavy trucks transporting one or more other heavy trucks in a saddle mount combination are responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches.
(2) To qualify for the fourteen foot exception contained in subsection (A)(1), the owner or operator of the heavy truck transporting one or more other heavy trucks in a saddle mount combination must have a valid routing permit issued by the Department of Transportation. All applicants shall be issued routing permits at no charge upon providing the department with evidence of its general liability coverage. Routing permits shall remain valid for twelve months from the date of issuance and specify the routes that may be traveled by the permittee and the conditions the permittee must observe while transporting heavy trucks in a saddle mount combination. Routing permits do not limit or otherwise affect the holder's liability for personal injuries or property damage.
(B) It is unlawful for any person to operate or attempt to operate under any underpass having a vertical clearance of less than thirteen feet six inches any vehicle with a height in excess of the vertical clearance of the underpass posted in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. No person is required to raise, alter, construct, or reconstruct any existing underpass, wire, pole, trestle, or other structure to permit the passage of any vehicle, and neither the State nor any of its agencies or political subdivisions are liable for any personal injury or property damage resulting from the operation of a vehicle over any highway, road, or bridge or through any underpass having a vertical clearance of less than fourteen feet where the Department of Transportation or other body having maintenance jurisdiction of the underpass has posted notice of the reduced vertical clearance in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. An automobile transporter is responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional, invalid, or is determined by the proper regulatory authority to be in violation of or out of compliance with applicable federal law or regulations, such holding or determination 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 act, 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. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN 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. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MALLOY proposed the following amendment (3993R001.GM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 53 of the 1976 Code is amended by adding:
"Section 53-3-125. The opening day of the annual major league baseball season each year is designated as 'Historic Baseball Leagues Day' in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MALLOY 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.
At 3:00 P.M., Senator McCONNELL assumed the Chair.
H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
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 (4450R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 17, Chapter 23, Title 57 of the 1976 Code is amended by adding:
"Section 57-23-840. Notwithstanding the provisions contained in Section 57-23-800, or another provision of law, the Department of Transportation will may maintain and mow beyond thirty feet from the pavement roadside vegetation adjacent to Interstate Highway 77 in York County between mile marker 89 and the North Carolina state line and may allow persons who own land adjacent to this property to assist the department in meeting the requirement of this section."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator FAIR proposed the following amendment (SWB\5481CM08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 17, Chapter 23, Title 57 of the 1976 Code is amended by adding:
"Section 57-23-850. Notwithstanding the provisions of Section 57-23-800, or any other provision of law, the Department of Transportation may maintain and mow roadside vegetation beyond thirty feet from the pavement within the Greenville City limits at the following areas and interchanges:
(1) I-85 and I-385;
(2) I-385 and Roper Mountain Road;
(3) I-385 and Hayward Road;
(4) I-385 and Pleasantburg Drive/ Highway 291;
(5) I-385 and Stone Avenue;
(6) I-85 and Woodruff Road/ Highway 146;
(7) I-85 and Laurens/ Highway 276; and
(8) I-85 and Mauldin Road." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR 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.
S. 1237 (Word version) -- Senators Grooms and Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 41 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO THE CHARLESTON/BERKELEY COUNTY LINE THE "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "MAJOR GENERAL ABRAHAM J. TURNER HIGHWAY".
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.
On motion of Senator RANKIN, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 143 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair: A BILL TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, SO AS TO ESTABLISH A STATEWIDE CRIMINAL CASE MANAGEMENT SYSTEM; AND TO AMEND SECTION 1-7-330, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE CRIMINAL DOCKET, SO AS TO PROVIDE THAT THE CRIMINAL DOCKET IS PREPARED PURSUANT TO A CRIMINAL CASE MANAGEMENT PLAN ADOPTED BY THE CIRCUIT AND APPROVED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT.
Senator MALLOY spoke on the Bill.
The Bill having previously been recommitted to the Committee on Judiciary on February 6, 2007, retaining its place on the Calendar, Senator MALLOY moved to remove the Bill from the Calendar.
There was no objection and the Bill was removed from the Calendar.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 9 (Word version) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.
The House returned the Bill with amendments.
Senator HAYES explained the House amendments.
On motion of Senator HAYES, 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. 1229 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.
The House returned the Joint Resolution with amendments.
On motion of Senator LEVENTIS, 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.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-3 (JUD1070.011) proposed by Senators HUTTO and RYBERG and previously printed in the Journal of April 2, 2008.
Senator HUTTO was recognized.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 1 was taken up for immediate consideration.
Senator PEELER proposed the following Amendment No. 1 (1070R003.HSP), which was adopted:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
TO AMEND CHAPTER 1, TITLE 7 OF THE 1976 CODE BY ADDING SECTION 7-1-90 TO PROVIDE FOR THE "CANDIDATE VOLUNTARY DRUG TESTING PROGRAM", TO PROVIDE THAT POPULARLY ELECTED CANDIDATES OR CANDIDATES ELECTED BY THE GENERAL ASSEMBLY MAY SUBMIT THE RESULTS OF A DRUG TEST TO BE PUBLISHED ON THE APPROPRIATE ENTITY'S WEBSITE, AND TO PROVIDE REQUIREMENTS FOR PUBLICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-90. (A) This section may be cited as the 'Candidate Voluntary Drug Testing Program'.
(B) Any candidate for a popularly elected office or an office elected by the General Assembly may obtain a test for illegal drugs and submit the results when the candidate files for the office. For popularly elected offices, the results must be submitted to the authority with which the candidate files and forwarded to the State Elections Commission and published on the commission's website. For offices elected by the General Assembly, the results must be submitted to the committee screening the candidate and published on the General Assembly's website and included in any screening report on the candidate. The results published on the particular entity's website must include the candidate's full name, the office sought, whether or not he tested positive, and any drug for which he tested positive.
(C) In order to be published:
(1) the presence or absence of illegal drugs must be determined by a physician through established medical means that includes the use of a bodily fluids test,
(2) the tested sample must have been submitted within thirty days prior to or ten days subsequent to filing,
(3) the test must only screen for illegal substances commonly screened for persons performing safety sensitive functions, and
(4) an original certified results form prepared by the physician or the lab service that tested the sample, that includes an original signature of the physician or testing official, must be submitted when the candidate files for office.
(D) For popularly elected offices, the results must be published on the commission's website no later than thirty days prior to the election. For offices elected by the General Assembly, the results must be published on the General Assembly's website no later than the release of the screening report on the candidate. The commission or the screening committee, as appropriate, must maintain the results on its respective website and maintain the original certified results form in its records until no later than ninety days after the election at which time the results must be removed from the website and the original certified results form must be destroyed. Upon notification by a candidate who withdraws prior to the election, the commission or the screening committee, as appropriate, must remove the results from the entity's website and destroy the original results form as soon as possible.
(E) The commission or the screening committee, as appropriate, shall have the final authority to determine whether a candidate's drug test results meet the requirements of this section for publication.
(F) For purposes of public disclosure, the original certified results form provided at filing is considered a public document, but is not subject to disclosure at any time prior to filing.
(G) Any person is immune from civil or criminal liability for the good faith performance of any function authorized or required by this section."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, Amendment No. P-3 was withdrawn.
On motion of Senator HUTTO, with unanimous consent, the amendment proposed by the Committee on Judiciary was withdrawn.
Senator PEELER asked unanimous consent to make a motion to take up further amendments on third reading pursuant to the provisions of Rule 26B.
There was no objection.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The Bill was returned to the status of Special Order.
On motion of Senators SETZLER and CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George S. Nicholson, Sr. of Saluda, S.C., beloved husband, devoted father and loving grandfather and great-grandfather. Mr. Nicholson farmed and raised cattle, was active in civic affairs and had retired from the United States Postal Service after 42 years as a rural letter carrier, assistant postmaster and postmaster.
At 4:09 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 22, 2009 at 1:50 P.M.