South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Wednesday, May 27, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:15 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator LEVENTIS.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, for perspective, hear words from the 40th Chapter of Isaiah (vv. 21-22):
"Have you not known? Have you not heard?...
Have you not understood from the foundations of the earth?
It is He who sits above the circle of the earth, and its inhabitants are like grasshoppers;...
Who brings princes to naught, and makes the rulers of the earth as nothing."
Let us pray.
Heavenly Father, we remember with gratitude the labors among us of Your servant, Gilbert McMillan. We pray for the gifts of the Spirit upon his family, of joy and peace!
Eternal God, we are grateful that beneath all the paralyzing perplexities of these days we may be sustained... and subdued... and renewed by the mystery of the immanence of God in the daily and personal lives of us all, and as Isaiah shouts across the centuries:
"He gives power to the faint, and strengthens the powerless.
Even youths will faint and be weary, and the young will fall exhausted; but THOSE WHO WAIT FOR THE LORD shall renew their strength, they shall mount up with wings like eagles..."
Amen.

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

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

July 3, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Chester County Board of Voter Registration, with term to commence June 30, 1997, and to expire March 15, 1998:
At-Large:
Ms. Nicole L. McBrayer, 3624 Gaston Farm Road, Richburg, S.C. 29729 VICE Marion B. Kee (resigned)

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 14, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Dillon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Charles D. Spivey, Post Office Box 272, Lake View, S.C. 29563

Reappointments, Greenville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Michael D. Stokes, 3771 Camp Road, Greer, S.C. 29651   Honorable Harold L. Grimsley, 6347 White Horse Road, Greenville, S.C. 29611

Reappointment, Lee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Davis A. White, Route 1, Box 1256, White Road, Bishopville, S.C. 29010

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 18, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Williamsburg County Magistrates, with terms to commence April 30,1998, and to expire April 30, 2002:
Honorable Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518
Honorable James E. Doster, Jr., Post Office Box 416, Hemingway, S.C. 29554
Honorable William A. Edwins, Jr., 407 Pressley Avenue, Kingstree, S.C. 29556
Honorable Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564

Initial Appointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730 VICE Billy R. Wilson (resigned)/new seat

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 19, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Carnell Hampton, Route 1, Box 18-A, Gable, S.C. 29051 VICE Murray Montgomery (retired)

Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Carnell Hampton, Route 1, Box 18-A, Gable S.C. 29051

Initial Appointment, McCormick County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Jake O. Trantham, Route 1, Box 2-F-A, McCormick, S.C. 29835 VICE June Hughes Davis (deceased)

Reappointment, McCormick County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Jake O. Trantham, Route 1, Box 2-F-A, McCormick, S.C. 29835

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 20, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley

Local Appointments

Reappointments, Calhoun County Magistrates, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable D. Eugene Carson, Route 1, Box 541, Cameron, S.C. 29030
Honorable Helen M. Geiger, Route 2, Box 129-A, Gaston, S.C. 29053
Honorable Robert H. Lake, 213 Carlisle Avenue, St. Matthews, S.C. 29135
Honorable Freemon Thomas, Route 3, Box 504, St. Matthews, S.C. 29135

Reappointment, Dillon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Magnolia T. Williams, Post Office Box 1281, Dillon, S.C. 29536

Reappointment, Edgefield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Davis R. Parkman, 507 Butler Street, Johnston, S.C. 29832

Reappointments, Florence County Magistrates, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Kimberly B. Cox (formerly McKnight), Post Office Box 367, Pamplico, S.C. 29583
Honorable Eugene Cooper, 205 East Williams Road, Coward, S.C. 29530-5079
Honorable Ulysses Frieson, 6719 Friendfield Road, Effingham, S.C. 29541
Honorable Robert L. McElveen, 440 Camelia Lane, Lake City, S.C. 29560

Reappointments, Greenville County Magistrates, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239
Honorable Ettaphine P. James-Reid, 202 Cannon Circle, Greenville, S.C. 29601
Honorable Mildred T. Stokes, 1870 Few's Chapel Road, Greer, S.C. 29651-8789
Honorable Thomas E. Taylor, 412 Sandy Springs Road, Piedmont, S.C. 29673

Reappointments, Horry County Board of Voters Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Mr. J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572
Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382

Reappointments, Lee County Magistrates, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Robert W. Hancock, Route 1, Box 108-A, Dalzell, S.C. 29040
Honorable Carolyn H. Jackson, Route 1, Box 217, Camden, S.C. 29020
Honorable Alston W. Woodham, Route 2, Box 778, Bishopville, S.C. 29010

Reappointments, Pickens County Magistrates, with terms to commence April 30, 1998 and to expire April 30, 2002:
Honorable Dale F. Dalton, Post Office Box 65, Liberty, S.C. 29657
Honorable James Edward King, 216 L.E.C. Road, Pickens, S.C. 29671

Reappointment, Spartanburg County Voter Registration Board, with term to commence March 27, 1998, and to expire March 15, 2000:
Mr. George F. Abernathy, 988 Iron Ore Road, Spartanburg, S.C. 29303

Reappointments, Sumter County Magistrates, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Mary Katherine Herbert, 3795 Bart Davis Road, Alcolu, S.C. 29001
Honorable William Sanders, 5025 John W. Sanders Road, Rembert, S.C. 29128
Honorable Lee Anna Tindal, 3065 Tindal Road, Sumter, S.C. 29150

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 22, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Chester County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
Ms. Nicole L. McBrayer, 3624 Gaston Farm Road, Richburg, S.C. 29729

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 26, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Williamsburg County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Jerry M. Mishoe, Post Office Box 673, Kingstree, S.C. 29556

Doctor of the Day

Senator McCONNELL introduced Dr. Del Schutte of Charleston, S.C., Doctor of the Day.

Doctor of the Day

Senator WILSON introduced Dr. Joe Myslinski of Columbia, S.C., Doctor of the Day.

SENATE RULE 19 AMENDED
Standing and Special Committees of the Senate

Senator PEELER asked unanimous consent to make a motion to amend Senate Rule 19 pertaining to the committees of jurisdiction for matters falling within Title 51.
There was no objection and the motion was adopted.

The applicable portions of Rule 19, as amended, are to read as follows:   "Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, 50, and 51."
"Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, and 45 and 51."

Presentation of Service Pins

In commemoration of continuous service with the State of South Carolina, Senator DRUMMOND, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of state service:
Senator William Branton       10 years
Senator Maggie Glover         10 years
Senator Yancey McGill         10 years
Senator William O'Dell       10 years
Senator Ernest Passailaigue     10 years
Senator Larry Martin           20 years
Senator Thomas Moore         20 years

In addition, Senator DRUMMOND presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
Cynthia Aiken               10 years
Paul Thomas Bell, Jr.         10 years
Gigi Brickle                 10 years
Kathleen Burns               10 years
Claude McMillan             10 years
Charmy Medlin               10 years
Diane Mullis                 10 years
Lee Rouse                   10 years
Lawrence Scott               10 years
John Wienges                 10 years
Rebecca Gunter               20 years
Susan Hooks                 20 years
James Melton                 20 years
Joyce Reid                   20 years
Ellen Still                   20 years
Butch Thompson             20 years
Trisha Bockus               30 years

All were highly commended for their devoted and loyal service.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1260 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.

S. 1261 -- Senator O'Dell: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. JACOB W. (JAKE) ROGERS OF ANDERSON UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, AND TO THANK THEM FOR A LIFETIME OF DEDICATED SERVICE AS ANDERSON COUNTY EDUCATORS.
The Senate Resolution was adopted.

S. 1262 -- Senator Moore: A SENATE RESOLUTION TO EXTEND THE SINCERE CONDOLENCES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND COUNTLESS FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED BUSINESSMEN, FORMER HIGHWAY COMMISSIONER JAMES HEBER SATCHER, SR., OF EDGEFIELD COUNTY.
The Senate Resolution was adopted.

S. 1263 -- Senators McGill and Grooms: A CONCURRENT RESOLUTION RECOGNIZING JOSEPH H. JEFFERSON, JR., FOR HIS SERVICE AS A MEMBER OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1264 -- Senators Setzler, Wilson, Lander and Ryberg: A SENATE RESOLUTION TO COMMEND THE BROOKLAND-CAYCE HIGH SCHOOL "LADY BEARCATS" SOFTBALL TEAM, ITS COACHES, MANAGER, AND TRAINER FOR WINNING THE 1998 STATE CLASS AAA SOFTBALL CHAMPIONSHIP.
The Senate Resolution was adopted.

S. 1265 -- Senators Wilson, Setzler, Lander and Ryberg: A SENATE RESOLUTION CONGRATULATING THE BROOKLAND-CAYCE HIGH SCHOOL BEARCATS AND COACH CHARLIE ASSEY ON THEIR CLASS AAA STATE BASEBALL TITLE, TAKING THE BEST OF THREE SERIES WITH A 10-4 VICTORY SATURDAY, MAY 23, 1998, OVER THE GEORGETOWN BULLDOGS.
The Senate Resolution was adopted.

S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 1266--Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, S. 1266 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1267 -- Senator Setzler: A CONCURRENT RESOLUTION COMMENDING AND THANKING NANCY MOBLEY HAWKINS FOR HER EXCELLENT SERVICE TO RICHLAND SCHOOL DISTRICT ONE, AND WISHING HER HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1268 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. JAMES E. "JIM" BAGNAL, JR., OF LEXINGTON COUNTY FOR HIS MANY YEARS OF SERVICE AS AN INSTRUCTOR IN RICHLAND COUNTY SCHOOL DISTRICT ONE, THE STATE, AND THIS COUNTRY AND TO EXTEND TO HIM BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1269 -- Senators Alexander, Drummond, Martin, Waldrep, Giese, Wilson, Saleeby, Hayes, Leatherman, Ravenel, McConnell, Land, Leventis, Moore, Holland and Cork: A SENATE RESOLUTION TO COMMEND AND THANK THE RICHARD KING MELLON FOUNDATION; THE CONSERVATION FUND; DUKE ENERGY/CRESCENT RESOURCES, INCORPORATED; THE STATE BUDGET AND CONTROL BOARD; AND THE BOARD AND THE DEPARTMENT OF NATURAL RESOURCES FOR THEIR ROLES IN THE STATE'S PURCHASE OF THE JOCASSEE GORGES PROPERTY AND TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO DEDICATE THIS AREA AS THE "JIM TIMMERMAN NATURAL RESOURCES AREA AT JOCASSEE GORGES" IN HONOR OF DR. JAMES A. TIMMERMAN, JR., DIRECTOR EMERITUS OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND ONE OF THIS STATE'S MOST RESPECTED CONSERVATIONISTS.
The Senate Resolution was adopted.

H. 4876 -- Rep. Cromer: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.
Read the first time and referred to the Committee on Judiciary.

H. 5166 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.

H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5197 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. DAVID "HAPPY DADDY" MCCLOUD OF "HAPPY DADDY" TOWING SERVICE OF RICHLAND COUNTY FOR MORE THAN TWENTY-FIVE YEARS OF OUTSTANDING SERVICE TO CHILDREN.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 5199 -- Rep. Govan: A CONCURRENT RESOLUTION RECOGNIZING ST. PAUL'S UNITED METHODIST CHURCH OF ORANGEBURG ON THE OCCASION OF THE CENTENNIAL OBSERVANCE OF THE BUILDING OF ITS PRESENT SANCTUARY, A LANDMARK FIXTURE ON THE SQUARE IN DOWNTOWN ORANGEBURG.
The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1053 -- Senators Wilson and Thomas: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance polled out H. 3287 with no report:
H. 3287 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.

Poll of the Banking and Insurance Committee
Ayes 12; Nays 0; Not Voting 6

AYES

Saleeby                   McConnell                 Courson
Matthews                  Thomas                    Patterson
Passailaigue              Reese                     Hayes
Jackson                   Washington                Ford

TOTAL--12
NAYS

TOTAL--0

NOT VOTING

Leatherman                Setzler                   Courtney
Russell                   Martin                    Rankin

TOTAL--6

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3623 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE'S SOLID WASTE POLICY, SO AS TO DISTINGUISH BETWEEN "COLLECTION", "DISPOSAL", "PROCESSING", AND "RECYCLING" AS APPLIED TO FACILITIES MANAGING WASTE TIRES; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO WASTE TIRES, SO AS TO INCLUDE DISTINCTIONS AMONG WASTE TIRE MANAGEMENT, TO PROVIDE FOR A TIPPING FEE ON OVERSIZE WASTE TIRES, TO REFINE THE RETAILER-WHOLESALER REFUND PROGRAM, TO REVISE REQUIREMENTS AND PRIORITIES FOR USE OF GRANT FUNDS FROM THE WASTE TIRE TRUST FUND, TO UPDATE REFERENCES TO THE OFFICE OF THE GOVERNOR AND THE SOLID WASTE ADVISORY COUNCIL, AND TO REQUIRE RECORDKEEPING AND REPORTING BY WASTE TIRE FACILITIES.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4547 -- Rep. Felder: A BILL TO AMEND SECTION 61-2-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ENTITLED TO BE LICENSEES OR PERMITTEES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE SALE OF BEER AND WINE, SO AS TO AUTHORIZE SUCH LICENSES AND PERMITS TO BE ISSUED TO A QUALIFYING PERSON WHO IS THE TRUE OWNER OF THE BUSINESS SEEKING THE PERMIT OR LICENSE, TO REQUIRE BUSINESSES LICENSED OR PERMITTED TO DESIGNATE AN AGENT AND MAILING ADDRESS FOR SERVICE OF NOTICES AND PROVIDE FOR SERVICE AND PROHIBIT ANY ONE PERSON FROM ACTING AS AN AGENT FOR MORE THAN ONE BUSINESS ENTITY UNLESS THE PERSON HAS AN OWNERSHIP INTEREST IN THE BUSINESS ENTITIES, TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO ANY PERSON UNLESS THE PERSON AND ALL PRINCIPALS ARE OF GOOD MORAL CHARACTER AND DEFINE "GOOD MORAL CHARACTER", TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE OR A BUSINESS WITH AN INDIVIDUAL PRINCIPAL UNDER TWENTY-ONE YEARS OF AGE, TO REQUIRE THE DEPARTMENT OF REVENUE PROMPTLY TO INITIATE REVOCATION OF ANY PERMIT OR LICENSE ISSUED TO A PERSON NOT THE TRUE OWNER, OR WHEN THE LICENSED PERSON OR A PRINCIPAL HAS BEEN CONVICTED OF A FELONY OR CERTAIN MISDEMEANORS, OR WHEN THE LICENSED INDIVIDUAL OR AN INDIVIDUAL PRINCIPAL IS UNDER TWENTY-ONE YEARS OF AGE, TO APPLY THE REQUIREMENT THAT AN APPLICANT BE CURRENT WITH STATE AND FEDERAL TAXES TO ALL PRINCIPALS, AND TO DEFINE "PERSON" AND "PRINCIPAL".
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:
H. 4666 -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:
H. 4387 -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 4618 -- Reps. Sharpe and McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 4810 -- Rep. Felder: A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.
Ordered for consideration tomorrow.

Senator RUSSELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a majority favorable with amendment and Senator JACKSON a minority unfavorable report on:
H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:
H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 5086 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2223, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:
H. 5108 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, RELATING TO GENERAL LICENSING PROVISIONS; PATHOLOGY ASSISTANTS; SUPERVISED PROFESSIONAL EMPLOYMENT; AUDIOLOGY LICENSE-HEARING AID DISPENSING; CONTINUING EDUCATION, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2270, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

H. 3764--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.

On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to H. 3764 was adopted as follows:

H. 3764--Conference Report
The General Assembly, Columbia, S.C., May 19, 1998

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.     The 1976 Code is amended by adding:
"Section 40-2-55.   A certified public accountant may charge a contingency fee or commission, or both, for performing services under this chapter if the client and the certified public accountant enter into a separate written contract, executed by both parties, specifying the terms of the contingency fee or commission, or both, for each transaction to be conducted. No contingency fee or commission is payable or enforceable in the absence of a clearly executed written contract."
SECTION   2.   Section 40-2-30 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-30.   (A)   It is unlawful for a person to hold himself out as a certified public accountant or to use the title 'certified public accountant' or the designation 'CPA' in this State unless the person has obtained a certificate of registration from the South Carolina Board of Accountancy as provided in this article. It is unlawful for a partnership to hold itself out as a partnership of certified public accountants unless it is registered with the South Carolina Board of Accountancy and:
(1)   At least one general partner is a certified public accountant of this State in good standing;
(2)   Each partner personally engaged within this State in the practice of public accounting as a member of the partnership is a certified public accountant of this State in good standing;
(3)   Each partner is a certified public accountant in good standing of some state of the United States;
(4)   (2)   Each resident manager in charge of an office of the firm in this State is a certified public accountant of this State in good standing. Application for registration must be made upon the affidavit of a general partner of the partnership who is a certified public accountant of this State in good standing. The board shall determine whether the applicant is eligible for registration. A partnership which is registered may use the words 'certified public accountants' or the designation 'CPA's' in connection with its partnership name. Notification must be given the board, within one month, after the admission to or withdrawal of a partner from a registered partnership.
(B)   No person may assume or use the title or designation 'certified public accountant' in conjunction with names indicating or implying that there is a partnership or in conjunction with the designation 'and Company' or 'and Co.' or a similar designation if there is in fact no bona fide partnership; however, a sole proprietor or partnership lawfully using that title or designation in conjunction with names or designation on July 1, 1965, may continue to do so if the person or partnership otherwise complies with this article."
SECTION   3.   The fourth unnumbered paragraph of Section 40-2-190 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"A candidate for the certificate of certified public accountant who has successfully completed the examination required under Section 40-2-170 has no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant. The experience required is either:
(1)   two years of accounting experience in public, governmental, or private employment under the direct supervision and review of a certified public accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia;
(2)   five years' experience teaching accounting in a college or university recognized by the board; or
(3)   a combination of experience determined by the board to be substantially equivalent to items (1) and (2). The experience must include experience satisfactory to the board, in applying generally accepted auditing standards to financial statements prepared in accordance with generally accepted accounting principles; however, this experience shall not require a minimum number of hours in auditing financial statements."
SECTION   4.   Section 40-2-380 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-380.   (A)   The board shall promulgate regulations implementing the requirements and reporting for continuing education which must be met by certified public accountants, public accountants, and accounting practitioners. The board shall require no less than sixty hours of continuing educational activities in a two-year period; however, this continuing education requirement shall not prescribe a minimum number of hours in accounting and/or auditing subjects. The board shall require compliance with the regulations as a prerequisite to the issuance of a current license to practice as a certified public accountant, public accountant, or accounting practitioner. The requirements may be waived by the board in individual cases for good cause.
In promulgating these regulations, the board shall recognize the following as meeting the continuing educational requirements:
(1)   professional development programs of national and state accounting organizations. Only class hours, or the equivalent, and not students' hours devoted to preparation are counted;
(2)   technical sessions at meetings of national and state accounting organizations and their chapters;
(3)   courses offered by colleges, universities, technical education centers, and other appropriate educational institutions, including credit and noncredit courses. Each semester-hour credit equals fifteen hours toward the requirement; each quarter-hour credit equals ten hours. In noncredit courses, each classroom hour equals one qualifying hour.
(4)   other activities, methods, procedures, devices, and programs which, in the opinion of the board, contribute directly to the professional competence of the licensee.
(B)   The board also shall promulgate regulations for forms of practice, contingent fees, and commissions which shall conform to the professional standards of the American Institute of Certified Public Accountants as of December 31, 1996, or the National Association of Boards of Accountancy, or both."
SECTION   5.   Within ninety days of this act's effective date, the Board of Accountancy shall promulgate the regulations required by Section 40-2-380(B), as contained in SECTION 4 of this act.
SECTION   6.   This act takes effect upon approval by the Governor./
Amend title to read:
/A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-2-55 SO AS TO REQUIRE A CERTIFIED PUBLIC ACCOUNTANT (CPA) TO ENTER A SEPARATE WRITTEN CONTRACT WITH A CLIENT IN ORDER TO CHARGE A CONTINGENCY FEE OR COMMISSION; TO AMEND SECTION 40-2-30, RELATING TO REQUIREMENTS FOR USING THE TITLE AND DESIGNATION OF "CERTIFIED PUBLIC ACCOUNTANT" AND FOR REPRESENTING AN ENTITY AS A CPA PARTNERSHIP, SO AS TO REVISE THE PARTNERSHIP REQUIREMENTS; TO AMEND SECTION 40-2-190, RELATING TO CERTIFICATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST INCLUDE CERTAIN AUDITING EXPERIENCE AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS IN AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY, SO AS TO PROHIBIT THE BOARD FROM PRESCRIBING A MINIMUM NUMBER OF HOURS IN ACCOUNTING OR AUDITING FOR CONTINUING EDUCATION AND TO REQUIRE THE BOARD TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR NATIONAL ASSOCIATION OF BOARDS ACCOUNTANCY STANDARDS FOR FORMS OF PRACTICE, CONTINGENT FEES, AND COMMISSIONS./

/s/Senator Thomas L. Moore        /s/Rep. Converse A. Chellis III
/s/Senator Ernest L. Passailaigue, Jr. /s/Rep. Ralph W. Canty
/s/Senator Thomas C. Alexander    /s/Rep. Margaret J. Gamble
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Very respectfully,
Speaker of the House

H. 3764--Enrolled for Ratification

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.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1110 -- Senators McCONNELL and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
The House returned the Bill with amendments.

Senator McCONNELL proposed the following amendment (1110R001.GFM), which was adopted:
Amend the bill, as and if amended, page 7, by striking Section 9 in its entirety and inserting the following section:
/SECTION   9.   Section 38-89-160 of the 1976 Code is amended to read:
"Section 38-89-160.   The association is governed by a board of seven directors, one of whom is appointed by the Governor, with the advice and consent of the Senate, to represent the general public and three of whom are day care owners or operators appointed by the Governor. Three directors are elected by cumulative voting by members of the association, whose votes in the election must be weighed in accordance with each member's net direct premiums written during the preceding calendar year. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of the group may serve as a director at any one time. The insurer representatives of the board of directors must be elected at a meeting of the members or their authorized representatives, which must be held at a time and place designated by the board of directors. The board shall elect a chairman and other necessary officers."/
Amend title to conform.

Senator McCONNELL explained the House amendment.

The amendment was adopted.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The House returned the Bill with amendments.

Senator McCONNELL proposed the following amendment (310I.001), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 27 through 33 in their entirety.
Amend title to conform.
Senator McCONNELL explained the House amendment.

The amendment was adopted.

Senators SHORT, HOLLAND and SALEEBY proposed the following amendment (310R006B.LHS), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS in the appropriate locations in the bill to be appropriately numbered to read:
/SECTION   ___.   The 1976 Code is amended by adding:
"Section 38-33-325.   (A)   A health benefit plan shall allow a female enrollee thirteen years of age or older a minimum of two visits annually pursuant to the health benefit plan, without prior referral, to the health care services of an obstetrician-gynecologist in the health benefit plan.
(B)   For any continuing treatment resulting from obstetrical or gynecological, or both, complications diagnosed during the two visits for a calendar year, authorization must be made for medical necessity directly by the health maintenance organization. Written communication should be sent by the obstetrician-gynecologist to the patient's primary care physician regarding the condition being treated within a reasonable time after each visit.
(C)   A health benefit plan must notify its members of the provisions of this subsection (A). The information must be provided in the Summary Plan Description materials and enrollment materials.
(D)   For purposes of this section:
(1)   'Health benefit plan' means a health maintenance organization, a preferred provider plan, an exclusive provider plan, or other managed care arrangement plan;
(2)   'Health care services' means the full scope of medically necessary services provided by the participating obstetrician-gynecologist in the care of or related to the female reproductive system and breasts."
SECTION   ___.   The 1976 Code is amended by adding:
"Section 38-71-125.   All individual and group health insurance policies and health maintenance organizations providing coverage for the hospitalization for mastectomies shall pay for hospitalization for at least forty-eight hours following a mastectomy. Nothing in this section shall be construed to prohibit an attending physician from releasing the patient prior to the expiration of the time provided herein. In the case of an early release, coverage shall include at least one home care visit if ordered by the attending physician."
SECTION   ___.   The 1976 Code is amended by adding:
"Section 38-71-130.   All individual and group health insurance policies and health maintenance organizations providing coverage for mastectomy surgery must provide coverage for prosthetic devices and reconstruction of the breast on which surgery for breast cancer has been performed and surgery and reconstruction of the non-diseased breast, if medically necessary, to produce a symmetrical appearance. The provisions of this section shall not require supplemental health insurance policies to provide coverage for reconstruction of the non-diseased breast."
SECTION   ___.   The 1976 Code is amended by adding:
"Section 38-71-145.   (A)   All individual and group health insurance and health maintenance organization policies in this State shall include coverage in the policy for:
(1)   mammograms;
(2)   annual pap smears; and
(3)   prostate cancer examinations, screenings, and laboratory work for diagnostic purposes in accordance with the most recent published guidelines of the American Cancer Society.
(B)   The coverage required to be offered under subsection (A) may not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless these provisions apply generally to other similar benefits provided and paid for under the health insurance policy.
(C)   Nothing in this section prohibits a health insurance policy from providing benefits greater than those required to be offered by subsections (A) and (B) or more favorable to the enrollee than those required to be offered by subsections (A) and (B).
(D)   This section applies to individual and group health insurance policies issued by a fraternal benefit society, an insurer, a health maintenance organization, or any similar entity, except as exempted by ERISA.
(E)   For purposes of this section:
(1)   'Mammogram' means a radiological examination of the breast for purposes of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Department of Health and Environmental Control, which examination may be made with the following minimum frequency:
(a)   once as a base-line mammogram for a female who is at least thirty-five years of age but less than forty years of age;
(b)   once every two years for a female who is at least forty years of age but less than fifty years of age;
(c)   once a year for a female who is at least fifty years of age; or
(d)   in accordance with the most recent published guidelines of the American Cancer Society.
(2)   'Pap smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation of a medical doctor, which examination may be made once a year or more often if recommended by a medical doctor.
(3)   'Health insurance policy' means a health benefit plan, contract, or evidence of coverage providing health insurance coverage as defined in Section 38-71-670(6) and Section 38-71-840(14)."
Amend further, page 6, SECTION 3 of the bill by striking SECTION 3 and inserting a new SECTION to be appropriately numbered to read:
SECTION   ___.     Upon approval by the Governor, SECTIONS 1, 2, 3, 4, and 6 take effect January 1, 1999, and apply to all individual and group health insurance and health maintenance organization policies, as the case may be, issued, delivered, issued for delivery, or renewed in this State on or after January 1, 1999. SECTION 5 takes effect January 1, 1999, except that the provisions of the act applicable to employer-sponsored health plans are effective for plan years beginning on or after January 1, 1999./
Renumber sections to conform.
Amend title to conform.

Senator SHORT explained the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
Senator SHORT argued in favor of the adoption of the amendment.
Senator SHORT moved that the amendment be adopted.
Senator MARTIN moved to carry over the amendment.
The Senate refused to carry over the amendment.
The question then was the adoption of the amendment.

The amendment was adopted.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and have appointed Reps. Rhoad, Sharpe and Witherspoon of the Committee of Free Conference on the part of the House on:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
Speaker of the House

H. 4799--RECONSIDERATION OF PREVIOUSLY
ADOPTED CONFERENCE REPORT
FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE
OF FREE CONFERENCE ADOPTED

H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.

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

Senator WASHINGTON asked unanimous consent to reconsider the vote whereby the Conference Report was adopted.
There was no objection.

H. 4799--Free Conference Powers Granted
Free Conference Committee Appointed

On motion of Senator WASHINGTON, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, CORK and WASHINGTON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator WASHINGTON, the Report of the Committee of Free Conference to H. 4799 was adopted as follows:

H. 4799--Free Conference Report
The General Assembly, Columbia, S.C., May 21, 1998

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   The 1976 Code is amended by adding:
"Section 50-21-136.   (A)   There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet west of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.
(B)   Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense."
SECTION   2.   Section 50-17-1010 of the 1976 Code, as last amended by Act 348 of 1992, is further amended by adding:
"(5)   All that area bounded by a closed line beginning at the point on the southwestern end of Seabrook Island where the inshore trawl boundary crossing North Edisto River Inlet intersects the shoreline, thence following the shoreline of Seabrook Island and crossing Captain Sams Inlet; thence following the shoreline of Kiawah Island to the easternmost point of Kiawah Island (Sandy Point) at latitude 32 37.18' N, longitude 079 59.65' W; thence southerly following a straight line on a geodetic azimuth of 180 degrees, to the point one-fourth nautical mile seaward from the shoreline; thence southwesterly following a line that is one-fourth nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary, thence easterly following the inshore trawl boundary to the point of beginning; the above-described area being based on NOS chart 11521 (22nd edition, January 20, 1996)."
SECTION   3.   This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-17-1010, AS AMENDED, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES./

/s/Senator John C. Land, III   /s/Rep. Charles R. Sharpe

/s/Senator Holly A. Cork          /s/Rep. Thomas N. Rhoad
/s/Senator McKinley Washington, Jr. /s/Rep. William D. Witherspoon
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 27, 1998

Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to return the following Bill as requested by the Senate:
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Very respectfully,
Speaker of the House
Received as information.

CONCURRENCE

S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
The House returned the Bill with amendments.

On motion of Senator SHORT, 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.

NONCONCURRENCE

S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
The House returned the Bill with amendments.

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

HOUSE CONCURRENCE

S. 1206 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 3, 1998, AND FRIDAY, DECEMBER 4, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1254 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK WILLIAM E. UNTHANK FOR HIS MYRIAD CONTRIBUTIONS TO THE CITY AND CITIZENS OF WEST COLUMBIA AND TO WISH HIM WELL ON THE OCCASION OF HIS RETIREMENT AS CITY ADMINISTRATOR.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 1263 -- Senators McGill and Grooms: A CONCURRENT RESOLUTION RECOGNIZING JOSEPH H. JEFFERSON, JR., FOR HIS SERVICE AS A MEMBER OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
Returned with concurrence.
Received as information.

CONSIDERATION INTERRUPTED

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

The House returned the Bill with amendments.
Senator HUTTO spoke on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, consideration was interrupted by recess, with Senator HUTTO retaining the floor.

RECESS

At 12:52 P.M., on motion of Senator DRUMMOND, with Senator HUTTO retaining the floor, the Senate receded from business until 2:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:42 P.M. and was called to order by the ACTING PRESIDENT, Senator SETZLER.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY

The House returned the Bill with amendments.
Senator HUTTO spoke on the Bill.
Senator McCONNELL spoke on the Bill.
Senator THOMAS spoke on the Bill.
Senator LAND spoke on the Bill.

Amendment No. 2

Senator JACKSON proposed the following Amendment No. 2 (174R031.DJ), which was adopted, but subsequently amended and adopted, and finally tabled:
Amend the bill, as and if amended, by adding appropriately numbered new SECTION to read:
/   SECTION   _____.   (A) No holder of a retail permit issued pursuant to Title 61 which authorizes the sale of beer or wine, or both, may sell or offer to sell any container of malt liquor that contains more than one quart or one liter, whichever is greater, of that beverage.
(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense, not more than one thousand dollars for a second offense, and shall be subject to revocation or suspension of that person's license for a third offense. Each day of violation constitutes a separate offense./
Renumber sections to conform.
Amend title to conform.

Senator JACKSON explained the amendment.
Senator JACKSON moved that the amendment be adopted.

The amendment was adopted but subsequently amended, adopted and finally tabled.

Amendment No. 3

Senator McCONNELL proposed the following Amendment No. 3 (JUD0174.041), which was laid on the table but subsequently adopted:
Amend the bill, as and if amended, page 13, line 16, in Section 56-5-2950(a), as contained in SECTION 7, by striking line 16 and inserting therein the following:
/If the breathalyzer reading alcohol concentration is ten/.
Amend the bill further, as and if amended, page 13, line 24, in Section 56-5-2950(a), as contained in SECTION 7, by striking line 26 and inserting therein the following:
/the result must reflect a reading between 0.095 percent and 0.105/.
Amend the bill further, as and if amended, page 15, line 19, in Section 56-5-2950(b), as contained in SECTION 7, by striking line 19 and inserting therein the following:
/of five one-hundredths of one percent but less than ten/.
Amend the bill further, as and if amended, page 15, line 25, in Section 56-5-2950(b)(3), as contained in SECTION 7, by striking line 25 and inserting therein the following:
/(3)   If there the alcohol concentration was at that time ten/.
Amend the bill further, as and if amended, page 17, line 33, in Section 56-5-2951(B), as contained in SECTION 8, / after concentration of / by striking /eight/ and inserting /ten/.
Amend the bill further, as and if amended, page 28, beginning on line 6, by striking SECTION 14 in its entirety and inserting therein the following:
/SECTION   14.   Sections 56-1-10, 56-1-286, 56-1-2030, 56-5-2946, 56-5-2930, 56-5-2950, 56-5-2951, 56-5-2990, 56-31-60, and SECTIONS 11 and 12 of this act take effect upon approval by the Governor. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped./
Amend title to conform.

Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator HUTTO argued contra to the adoption of the amendment.
Senator HAYES moved to lay the amendment on the table.

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

Ayes 34; Nays 9

AYES

Alexander                 Anderson                  Branton
Bryan                     Courson                   Courtney
Drummond                  Elliott                   Fair
Giese                     Grooms                    Hayes
Holland                   Hutto                     Jackson
Lander                    Leatherman                Martin
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Peeler
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Setzler
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Total--34

NAYS

Ford                      Glover                    Land
Matthews                  McConnell                 Patterson
Saleeby                   Short                     Washington

Total--9

The amendment was laid on the table.

Amendment No. 4

Senator HUTTO proposed the following Amendment No. 4 (JUD0174.042), which was adopted:
Amend the bill, as and if amended, page 11, line 13, in Section 56-5-2930(1), as contained in SECTION 4, by striking /faculties/ and inserting /mental and physical abilities/.
Amend the bill further, as and if amended, page 11, line 17, in Section 56-5-2930(2), as contained in SECTION 4, by striking /faculties/ and inserting /mental and physical abilities/.
Amend the bill further, as and if amended, page 11, line 20, in Section 56-5-2930, as contained in SECTION 4, by striking /faculties/ and inserting /mental and physical abilities/.
Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 17

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 17 was taken up for immediate consideration.

Senator McCONNELL proposed the following Amendment No. 17 (JUD0174.043), which was adopted:
Amend the bill, as and if amended, page 3, line 38, in Section 56-1-286(E), as contained in SECTION 2, by inserting after the word /negligent/ the words /, reckless, or fraudulent/.
Amend the bill further, as and if amended, page 15, line 5, in Section 56-5-2950(a), as contained in SECTION 7, by inserting after the word /negligent/ the words /, reckless, or fraudulent/.
Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 6

Senator McCONNELL proposed the following Amendment No. 6 (JUD0174.044), which was adopted:
Amend the bill, as and if amended, page 6, beginning on line 35, in Section 56-1-286(N), as contained in SECTION 2, by striking lines 35 through 37 and inserting therein the following:
/qualified pursuant to this section;
(c)   test administered and samples taken were conducted pursuant to this section and division procedures; and
(d)   the test result was reliable and the machine was operating properly./
Amend the bill further, as and if amended, page 19, beginning on line 20, in Section 56-5-2951(H), as contained in SECTION 8, by striking lines 20 through 22 and inserting therein the following:
/qualified pursuant to Section 56-5-2950;
(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures; and
(d)   the test result was reliable and the machine was working properly./
Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 7

Senator SALEEBY proposed the following Amendment No. 7 (JUD0174.045), which was laid on the table:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-286.   (A) In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930 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 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 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, using methods approved by the division. 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.
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 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 Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950 or 56-5-2951.
(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 Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950 or 56-5-2951.
(H)   A test may not be administered or samples taken unless the person has been informed in writing that:
(1)   he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2)   his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4)   he has the right to request an administrative hearing within ten days of the issuance of the notice of suspension; and
(5)   he must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
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.
(I)   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 ten 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 the person does not enroll in an Alcohol and Drug Safety Action Program within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(J) Within ten days of the issuance of the notice of suspension the person may:
(1)   obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section, or the final decision or disposition of the matter; and
(2)   request an administrative hearing.
At the administrative hearing if:
(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
(K)   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.
(L)   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).
(M)   The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also shall advise the person that if he does not enroll in an Alcohol and Drug Safety Action Program and does not request an administrative hearing within ten days of the issuance of the notice of suspension, he shall have waived his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(N)   An administrative hearing must be held within ten days after the request for the hearing is received by the department. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing is limited to whether the person:
(1)   was lawfully arrested or detained;
(2)   was advised in writing of the rights enumerated in subsection (H);
(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; and
(c)   test administered and samples taken were conducted pursuant to this section and division procedures.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within ten 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.
(O)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review in the circuit court stays the suspension until a final decision is issued.
(P)   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.
(Q)   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.
(R)   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.
(S)   A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(T)   The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(U)   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   2.   Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is further amended to read:
"Section 56-1-2030.   As used in this article:
(1)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2)   'Alcohol concentration' means:
(a)   the number of grams of alcohol for each one hundred milliliters of blood; or
(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3)   'Commercial driver driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(2)   'Commercial Driver Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(3)   'Commercial driver driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(4)   'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a)   the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b)   the vehicle is designed to transport sixteen or more persons, including the driver; or
(c)   the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(5)   'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6)   'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(7)   'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(8)   'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(9)   'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(10)   'Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver driver's license.
(13)(11)   'Driver Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(12)   'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(13)   'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(14)   'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17)(15)   'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(16)   'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(17)   'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18)   'Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(19)   'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(20)   'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(21)   'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(22)   'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a)   excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b)   reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c)   improper or erratic traffic lane changes;
(d)   following the vehicle ahead too closely; or
(e)   a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(23)   'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(24)   'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(25)   'United States' means the fifty states and the District of Columbia.
(28)(26)   'Farm related vehicle' means a vehicle used:
(a)   in custom harvester operations,;
(b)   in livestock feeding operations,; or
(c)   by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(27)   'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."
SECTION   3.   Section 56-5-2940(1) of the 1976 Code is amended to read:
"(1) By a fine of two three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense. However, in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence."
SECTION   4.   The 1976 Code is amended by adding:
"Section 56-5-2953.   (A) A person who violates Section 56-5-2930 or 56-5-2945 shall have his conduct at the incident site and the breath test site videotaped.
(1)   The videotaping at the incident site must:
(a)   begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930 or a probable cause determination that the person violated Section 56-5-2945; and
(b)   include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2)   The videotaping at the breath site:
(a)   must be completed within three hours of the person's arrest for a violation of Section 56-5-2930 or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b)   shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c)   shall include the person taking or refusing the breath test, and the actions of the breath test operator while conducting the test;
(d)   shall also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B)   Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930 or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930 or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances, nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.
(C)   A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved finally are determined.
(D)   SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.
(E)   Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half (87.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half (12.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year, and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED shall report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
(F)   The Department of Public Safety and SLED shall promulgate regulations necessary to implement the provisions of this section."
SECTION   5.   Section 56-5-2990 of the 1976 Code, as last amended by Act No. 258 of 1997, is further amended to read:
"Section 56-5-2990.   The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, ; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail,; two years for the third offense, conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth and or subsequent offenses conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
Any person whose license is suspended under the provisions of this section or Section 56-1-286 must be notified of suspension by the department of the suspension and of the requirement to be evaluated by enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the degree extent and kind nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment for the applicant. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment within six months of enrollment, a hearing must be provided by the administering agency Alcohol and Drug Safety Action Program and if further needed by whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to operate drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department."
SECTION   6.   A study committee is created to examine state law relating to the requirements for the transportation, possession, and consumption of alcoholic liquors in minibottles and to examine amendments to state law pertaining to alcoholic liquor by the drink. The committee shall consist of eleven voting members as follows:
(1)   four members from the Senate to be appointed by the President Pro Tempore of the Senate at least one of whom must be a member of the Senate Judiciary Committee and one of whom must be a member of the Senate Finance Committee;
(2)   four members of the House of Representatives to be appointed by the Speaker of the House at least one of whom must be a member of the House Judiciary Committee and one of whom must be a member of the House Ways and Means Committee;
(3)   three members to be appointed by the Governor.
In addition seven nonvoting members are to be appointed by the Governor as follows:
(1)   one member from the Department of Public Safety;
(2)   one member from the Department of Revenue;
(3)   one member chosen from a list of recommendations made by MADD;
(4)   one member from the Department of Alcohol and Other Drug Abuse Services;
(5)   one member from SLED;
(6)   one member chosen from a list of recommendations made by the Hospitality Association of South Carolina; and
(7)   one member chosen from a list of recommendations made by the South Carolina Council of Alcohol Authorities.
The voting members of the study committee shall elect a chairman and shall meet at times and places as the chairman determines to be necessary. The expenses of the legislative members of the study committee must be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees must be paid by the Governor's Office.
The committee must be staffed by personnel assigned by the Chairman of the Senate and House Judiciary Committees. The committee shall report its findings to the General Assembly no later than the first day of the 1999 legislative session and upon this report is terminated.
SECTION   7.   Section 14-1-208 (A), (B), and (C) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A)   Beginning January 1, 1995, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 64 74 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.
(B)   The city treasurer must remit 18.75 16.22 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C)   The State Treasurer shall deposit the assessments received as follows:
(1)   25.79 21.63 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2)   25.5 21.39 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3)   .67 .56 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4)   19.06 15.98 percent for the State Office of Victim Assistance;
(5)   6.97 5.84 percent to the general fund;
(6)   19.38 16.26 percent to the Office of Indigent Defense for the defense of indigents;
(7)   1.63 1.37 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8)   1.0 .84 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.;
(9)   16.13 percent for the programs established pursuant to Section 56-5-2953(E)."
SECTION   8.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION   9. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. The remainder of the provisions in the bill take effect upon approval by the Governor."/
Amend title to conform.

Senator SALEEBY explained the amendment.

Motion Adopted

Senator SALEEBY asked unanimous consent to make a motion to amend the amendment by incorporating a testing provision for felony DUI.
There was no objection.

Senator HAYES moved to lay the amendment on the table.

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

Ayes 33; Nays 10

AYES

Alexander                 Anderson                  Branton
Bryan                     Courson                   Courtney
Drummond                  Elliott                   Fair
Giese                     Grooms                    Hayes
Hutto                     Jackson                   Lander
Leatherman                Martin                    McGill
Mescher                   Moore                     O'Dell
Passailaigue              Peeler                    Rankin
Ravenel                   Reese                     Russell
Ryberg                    Setzler                   Smith, J. Verne
Thomas                    Washington                Wilson

Total--33

NAYS

Ford                      Glover                    Holland
Land                      Matthews                  McConnell
Patterson                 Saleeby                   Short
Waldrep                   

Total--10

The amendment was tabled.

Amendment No. 8

Senator HUTTO proposed the following Amendment No. 8 (JUD0174.046), which was adopted:
Amend the bill, as and if amended, page 28, by striking SECTION 14 in its entirety and inserting therein the following:
/SECTION   14.   The provisions in Sections 56-5-2950 and 56-5-2951 pertaining to an alcohol concentration of eight one hundredths of one percent or more take effect on January 1, 2001; all other provisions in Sections 56-5-2950 and 56-5-2951 take effect upon approval by the Governor. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. The remaining provisions take effect upon approval by the Governor./
Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Amendment No. 10

Senator ALEXANDER proposed the following Amendment No. 10 (GJK\21598AC.98), which was adopted:
Amend the bill, as and if amended, in Section 56-1-286(N), as contained in SECTION 2, page 174-10, line 1, by deleting /ten/ and inserting / thirty /.
Amend the bill further, as and if amended, in Section 56-5-2951(H), as contained in SECTION 8, page 174-22, line 28, by deleting /ten/ and inserting / thirty /.
Renumber sections to conform.
Amend title to conform.

Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 11

Senator LAND proposed the following Amendment No. 11 (JUD0174.047), which was adopted:
Amend the bill, as and if amended, page 7, beginning on line 6, in Section 56-1-286(O), as contained in SECTION 2, by striking subsection (O) in its entirety and inserting therein the following:
/(O)   An administrative hearing must be held before an administrative law judge. Administrative hearings must be held in each of the seven highway patrol districts. The hearing must be held in the highway patrol district where the violation occurred unless waived by the person or his attorney. An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued./
Amend the bill further, as and if amended, page 19, beginning on line 33, in Section 56-5-2951(I), as contained in SECTION 8, by striking subsection (I) in its entirety and inserting therein the following:
/(I)   An administrative hearing must be held before an administrative law judge. Administrative hearings must be held in each of the seven highway patrol districts. The hearing must be held in the highway patrol district where the violation occurred unless waived by the person or his attorney. An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued./
Amend title to conform.

Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 12

Senator LAND proposed the following Amendment No. 12 (JUD0174.048), which was adopted:
Amend the bill, as and if amended, page 7, in Section 56-1-286, as contained in SECTION 2, by striking lines 10 through 37 and inserting therein the following:
/(P)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The 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 or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education.
(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(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./
Amend the bill further, as and if amended, beginning on page 19, beginning on line 37, in Section 56-5-2951, as contained in SECTION 8, by striking line 37 on page 19 through line 3 on page 21 and inserting therein the following:
/(J)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The 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 or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education.
(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(K)(1)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a)   ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b)   thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(L)   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.
(M)   The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(N)   A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(O)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(P)   The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions./
Amend title to conform.

Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senators HAYES, MESCHER, RYBERG, THOMAS, FAIR, GIESE, and ALEXANDER desired to be recorded as voting against the adoption of the amendment.

Amendment No. 13

Senator PEELER proposed the following Amendment No. 13 (174R032.HSP), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new sections to read:
/SECTION   __.   Section 24 of Act 258 of 1998 is amended to read:
"SECTION   24.   Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998 1999. A person who, on July 1, 1998 1999, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on July 1, 1998 1999. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997."/.
Amend title to conform.

Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 15

Senators SALEEBY and SHORT proposed the following Amendment No. 15 (JUD0174.049), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-286.   (A) In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930 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 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 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, using methods approved by the division. 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.
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 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 Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950 or 56-5-2951.
(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 Section 56-5-2930 or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950 or 56-5-2951.
(H)   A test may not be administered or samples taken unless the person has been informed in writing that:
(1)   he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2)   his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3)   he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4)   he has the right to request an administrative hearing within ten days of the issuance of the notice of suspension; and
(5)   he has the right to obtain a special restricted driver's license to permit him to drive to and from his place of employment and his place of education. The person must apply for the license within ten days of the alleged violation. If he does not apply for the special restricted license, the suspension will begin to run on the date of the alleged violation.
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.
(I)   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
(J)(1)   A person whose license is suspended pursuant to this section may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The person must apply for the license within ten days of the alleged violation of this section or the suspension shall continue until its expiration. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The 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 or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education.
(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3)   The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(K)   An administrative hearing must be held within ten days after the request for the hearing is received by the department. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing is limited to whether the person:
(1)   was lawfully arrested or detained;
(2)   was advised in writing of the rights enumerated in subsection (H);
(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; and
(c)   test administered and samples taken were conducted pursuant to this section and division procedures.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within ten 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.
(L)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review in the circuit court stays the suspension until a final decision is issued.
(P)   If the person' suspension is upheld at the administrative hearing, the person may apply for a special restricted license and be subject to the provisions in Subsection (J).
(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   2.   Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is further amended to read:
"Section 56-1-2030.   As used in this article:
(1)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2)   'Alcohol concentration' means:
(a)   the number of grams of alcohol for each one hundred milliliters of blood; or
(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3)   'Commercial driver driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(2)   'Commercial Driver Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(3)   'Commercial driver driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(4)   'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a)   the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b)   the vehicle is designed to transport sixteen or more persons, including the driver; or
(c)   the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(5)   'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6)   'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(7)   'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(8)   'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(9)   'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(10)   'Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver driver's license.
(13)(11)   'Driver Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(12)   'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(13)   'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(14)   'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17)(15)   'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(16)   'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(17)   'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18)   'Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(19)   'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(20)   'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(21)   'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(22)   'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a)   excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b)   reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c)   improper or erratic traffic lane changes;
(d)   following the vehicle ahead too closely; or
(e)   a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(23)   'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(24)   'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(25)   'United States' means the fifty states and the District of Columbia.
(28)(26)   'Farm related vehicle' means a vehicle used:
(a)   in custom harvester operations,;
(b)   in livestock feeding operations,; or
(c)   by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(27)   'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."
SECTION   3.   Section 56-5-2940(1) of the 1976 Code is amended to read:
"(1) By a fine of two three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense. However, in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence."
SECTION   4.   The 1976 Code is amended by adding:
"Section 56-5-2953.   (A) A person who violates Section 56-5-2930 or 56-5-2945 shall have his conduct at the incident site and the breath test site videotaped.
(1)   The videotaping at the incident site must:
(a)   begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930 or a probable cause determination that the person violated Section 56-5-2945; and
(b)   include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2)   The videotaping at the breath site:
(a)   must be completed within three hours of the person's arrest for a violation of Section 56-5-2930 or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b)   shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c)   shall include the person taking or refusing the breath test, and the actions of the breath test operator while conducting the test;
(d)   shall also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B)   Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930 or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930 or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances, nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape.
(C)   A videotape must not be disposed of in any manner except for its transfer to a master tape for consolidation purposes until the results of any legal proceeding in which it may be involved finally are determined.
(D)   SLED is responsible for purchasing, maintaining, and supplying all necessary videotaping equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of videotaping equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of videotaping equipment.
(E)   Beginning one month from the effective date of this act, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with videotaping devices and supplies. Once all breath test sites have been equipped fully with videotaping devices and supplies, eighty-seven and one-half (87.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply videotaping equipment for vehicles used for traffic enforcement. The remaining twelve and one-half (12.5) percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply videotaping equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year, and to expend these carried forward funds for the purchase, maintenance, and supply of videotaping equipment. The Department of Public Safety and SLED shall report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly.
(F)   The Department of Public Safety and SLED shall promulgate regulations necessary to implement the provisions of this section."
SECTION   5.   Section 56-5-2990 of the 1976 Code, as last amended by Act No. 258 of 1997, is further amended to read:
"Section 56-5-2990.   The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, ; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail,; two years for the third offense, conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth and or subsequent offenses conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
Any person whose license is suspended under the provisions of this section or Section 56-1-286 must be notified of suspension by the department of the suspension and of the requirement to be evaluated by enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the degree extent and kind nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment for the applicant. Entry into and successful completion of the services, if such the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment within six months of enrollment, a hearing must be provided by the administering agency Alcohol and Drug Safety Action Program and if further needed by whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to operate drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department."
SECTION   6.   A study committee is created to examine state law relating to the requirements for the transportation, possession, and consumption of alcoholic liquors in minibottles and to examine amendments to state law pertaining to alcoholic liquor by the drink. The committee shall consist of eleven voting members as follows:
(1)   four members from the Senate to be appointed by the President Pro Tempore of the Senate at least one of whom must be a member of the Senate Judiciary Committee and one of whom must be a member of the Senate Finance Committee;
(2)   four members of the House of Representatives to be appointed by the Speaker of the House at least one of whom must be a member of the House Judiciary Committee and one of whom must be a member of the House Ways and Means Committee;
(3)   three members to be appointed by the Governor.
In addition seven nonvoting members are to be appointed by the Governor as follows:
(1)   one member from the Department of Public Safety;
(2)   one member from the Department of Revenue;
(3)   one member chosen from a list of recommendations made by MADD;
(4)   one member from the Department of Alcohol and Other Drug Abuse Services;
(5)   one member from SLED;
(6)   one member chosen from a list of recommendations made by the Hospitality Association of South Carolina; and
(7)   one member chosen from a list of recommendations made by the South Carolina Council of Alcohol Authorities.
The voting members of the study committee shall elect a chairman and shall meet at times and places as the chairman determines to be necessary. The expenses of the legislative members of the study committee must be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees must be paid by the Governor's Office.
The committee must be staffed by personnel assigned by the Chairman of the Senate and House Judiciary Committees. The committee shall report its findings to the General Assembly no later than the first day of the 1999 legislative session and upon this report is terminated.
SECTION   7.   Section 14-1-208 (A), (B), and (C) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A)   Beginning January 1, 1995, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 64 74 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.
(B)   The city treasurer must remit 18.75 16.22 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C)   The State Treasurer shall deposit the assessments received as follows:
(1)   25.79 21.63 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2)   25.5 21.39 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;
(3)   .67 .56 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;
(4)   19.06 15.98 percent for the State Office of Victim Assistance;
(5)   6.97 5.84 percent to the general fund;
(6)   19.38 16.26 percent to the Office of Indigent Defense for the defense of indigents;
(7)   1.63 1.37 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(8)   1.0 .84 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.;
(9)   16.13 percent for the programs established pursuant to Section 56-5-2953(E)."
SECTION   8.   All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION   9. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. The remainder of the provisions in the bill take effect upon approval by the Governor."/
Amend title to conform.

Senator SHORT explained the amendment.
Senator HAYES moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 16

Senators THOMAS and RYBERG proposed the following Amendment No. 16 (174R034.DLT), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION ____.   Section 56-5-6240(A) of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:
"(A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the sheriff or chief of police of the jurisdiction where the motor vehicle was seized or his authorized agent who by certified mail shall notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of receipt of the request. The vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.
The sheriff or chief of police in possession of the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation."/
Renumber sections to conform.
Amend title to conform.

Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
Senator HOLLAND argued contra to the adoption of the amendment.
Senator HOLLAND moved to lay the amendment on the table.

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

Ayes 10; Nays 31

AYES

Anderson                  Bryan                     Courtney
Ford                      Glover                    Holland
Matthews                  Rankin                    Short
Washington                

Total--10

NAYS

Alexander                 Branton                   Courson
Drummond                  Elliott                   Fair
Giese                     Grooms                    Hayes
Hutto                     Land                      Lander
Leatherman                Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Ravenel                   Reese                     Russell
Ryberg                    Saleeby                   Setzler
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Total--31

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Amendment No. 14A

Senator THOMAS proposed the following Amendment No. 14A (174R035.DLT), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION   .   The State Law Enforcement Division must submit the BAC Datamaster to an independent facility with expertise in breath alcohol testing and software analysis, designated by the Chairmen of the House and Senate Judiciary Committees acting jointly, so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the tests to the General Assembly by January 1, 1999./
Renumber sections to conform.
Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 2

Having voted on the prevailing side, Senator JACKSON moved to reconsider the vote whereby Amendment No. 2 (174R031.DJ) was adopted.
There was no objection and the motion was adopted.

On motion of Senator JACKSON, with unanimous consent, Amendment No. 2 was amended as follows (174R031A.DJ) and adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTION to read:
/   SECTION   _____.   (A) No holder of a wholesale permit issued pursuant to Title 61 may sell or offer to sell any container of malt liquor that contains more than one quart or one liter, whichever is greater, of that beverage. For purposes of this section, "container" means a container holding a single unit of the beverage but does not include a box or similar material used for shipping, storage, or other similar purpose.
(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense, not more than one thousand dollars for a second offense, and shall be subject to revocation or suspension of that person's license for a third offense. Each day of violation constitutes a separate offense.   /
Renumber sections to conform.
Amend title to conform.

The amendment was adopted, as amended, but subsequently tabled.

Amendment No. 3

Having voted on the prevailing side, Senator HOLLAND moved to reconsider the vote whereby Amendment No. 3 (JUD0174.041), proposed by Senator McCONNELL, was laid on the table.
The motion was adopted.

The question then was the adoption of Amendment No. 3.

A roll call vote was requested and ordered.

Point of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

Point of Personal Privilege

Senator GIESE rose to a Point of Personal Privilege.

Objection

Senator DRUMMOND asked unanimous consent to rescind the roll call vote which had been ordered.
Senator THOMAS objected.

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

Ayes 21; Nays 22

AYES

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Land
Matthews                  McConnell                 Moore
O'Dell                    Passailaigue              Patterson
Rankin                    Ravenel                   Reese
Saleeby                   Short                     Washington

Total--21

NAYS

Alexander                 Branton                   Bryan
Courson                   Courtney                  Fair
Giese                     Grooms                    Hayes
Lander                    Leatherman                Martin
McGill                    Mescher                   Peeler
Russell                   Ryberg                    Setzler
Smith, J. Verne           Thomas                    Waldrep
Wilson                    

Total--22

Amendment No. 3 was not adopted.

Statement by Senators HUTTO, MOORE, HOLLAND, O'DELL,
PASSAILAIGUE, ANDERSON, DRUMMOND, ELLIOTT,
JACKSON, REESE, RANKIN and RAVENEL

We voted for this amendment in a compromise effort to avoid a filibuster so late in the legislative session. We had previously voted for the .08 inference level. This vote was simply a parliamentary procedure that would have allowed a conference committee to be appointed to work out the conflicting versions of the Bill. We were aware that the House version contained the .08 inference standard and that the issue of the minimum inference level would be subject to further discussion in the conference committee.

Senator HOLLAND spoke on the Bill.

Amendment No. 2

Having voted on the prevailing side, Senator PATTERSON moved to reconsider the vote whereby Amendment No. 2, as perfected, (174R031A.DJ), proposed by Senator JACKSON was adopted.
There was no objection.

Senator PATTERSON spoke on the amendment.

RECESS

At 5:53 P.M., on motion of Senator MOORE, with unanimous consent, with Senator PATTERSON retaining the floor, the Senate receded from business not to exceed ten minutes.
At 6:03 P.M., the Senate resumed.

Senator PATTERSON continued speaking on the amendment.

Amendment No. 3

Having voted on the prevailing side, with Senator PATTERSON retaining the floor, Senator MESCHER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 3 (JUD0174.041), proposed by Senator McCONNELL, was laid on the table.
There was no objection.

The question then was the adoption of Amendment No. 3, proposed by Senator McCONNELL.

The amendment was adopted.

The Senate resumed consideration of the adoption of Amendment No. 2.
Senator PATTERSON spoke on the amendment.
Senator PATTERSON moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MOORE asked unanimous consent to make a motion to take up a further amendment which was on the desk.
There was no objection.

Amendment No. 18

Senator JACKSON proposed the following Amendment No. 18 (174R028.DJ), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION   _____.   (A) No holder of a retail permit issued pursuant to Title 61 which authorizes the sale of beer or wine, or both, may sell or offer to sell any container of malt liquor that contains more than one quart or one liter, whichever is greater, of malt liquor. This provision shall not apply to the sale of a keg or box of malt liquor.
(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense, not more than one thousand dollars for a second offense, and shall be subject to revocation or suspension of that person's license for a third offense. Each day of violation constitutes a separate offense./
Renumber sections to conform.
Amend title to conform.

Senator JACKSON spoke on the amendment.
Senator JACKSON moved that the amendment be adopted.

The amendment was adopted.

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

Statement by Senator LEVENTIS

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of S. 174.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4785 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT.
(By prior motion of Senator HOLLAND, with unanimous consent)

H. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator DRUMMOND, with unanimous consent)

H. 4566 -- Reps. Klauber and Scott: A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.

H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.

Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4446 -- Reps. Gamble and Knotts: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.

H. 4621 -- Reps. Boan, Knotts and McLeod: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.

H. 4983 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.

PREVIOUSLY PROPOSED AMENDMENT WITHDRAWN
ORDERED ENROLLED FOR RATIFICATION

H. 4735 -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (4735R003.LAR) proposed by Senator RANKIN and previously printed in the Journal of May 26, 1998.

On motion of Senator RANKIN, with unanimous consent, the amendment was withdrawn.
There was no objection.

The Bill was read the third time and enrolled for Ratification.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 5056 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
(By prior motion of Senator SALEEBY, with unanimous consent)

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4837 -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.

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

Senator HUTTO proposed the following amendment (PT\1973DW.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   ___.   Before January 1, 1999, the Barnwell County Election Commission shall recommend to the Barnwell County Legislative Delegation a plan to geographically redefine the boundaries of those precincts in Barnwell County which are identical./
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.

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

Senator PASSAILAIGUE proposed the following amendment (3603R002.ELP), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION at the end to read:
/"SECTION   _______.   A.   Section 20-7-8920 of the 1976 Code is amended to read:
"Section 20-7-8920.   (A)   It is unlawful for a person under the age of twenty-one to purchase or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B)   Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(C)   This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D)   The provisions of this section shall not apply to a student who receives any beer, ale, porter, wine, or other similar malt or fermented beverage, if such beverage is delivered in a curriculum at an accredited college in which the student is required to taste or imbibe such beverages in courses which are part of the required curriculum, provided such beverages are used only for instructional purposes during classes conducted pursuant to such curriculum."
B.   Section 20-7-8925 of the 1976 Code is amended to read:
"Section 20-7-8925.   (A)   It is unlawful for a person under the age of twenty-one to purchase or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B)   A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days.
(C)   The provisions of this section shall not apply to a student who receives any alcoholic liquors, if such liquor is delivered in a curriculum at an accredited college in which the student is required to taste or imbibe such liquors in courses which are part of the required curriculum, provided such liquors are used only for instructional purposes during classes conducted pursuant to such curriculum."
C.   Section 61-6-4070 of the 1976 Code is amended to read:
"Section 61-6-4070.   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section shall not apply to a person who gives or causes to be given any alcoholic liquors to a student under the age of twenty-one, if such liquor is delivered in a curriculum at an accredited college in which the student is required to taste or imbibe alcoholic liquors in courses which are part of the required curriculum, provided such liquors are used only for instructional purposes during classes conducted pursuant to such curriculum."
D.   Section 61-4-90 of the 1976 Code is amended to read:
"Section 61-4-90.   It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased. The provisions of this section shall not apply to a person who gives or causes to be given any beer or wine to a student under the age of twenty-one years, if such beverage is delivered in a curriculum at an accredited college in which the student is required to taste or imbibe such beverages in courses which are part of the required curriculum, provided such beverages are used only for instructional purposes during classes conducted pursuant to such curriculum."/
Renumber sections to conform.
Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.

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

Senator RANKIN proposed the following amendment (4755R001.LAR), which was adopted:
Amend the bill, as and if amended, by adding after line 26 on page 4755-2 the following new sections to be appropriately numbered to read:
/SECTION   ___.   Section 27-40-710(B) of the 1976 Code is amended to read:
"(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:

'IF YOU DO NOT PAY YOUR RENT ON TIME

This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."
SECTION   ___.   Section 27-47-110 of the 1976 Code is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act in Chapter 40 of Title 27 shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter."
SECTION   ___.   Section 27-47-530 of the 1976 Code is amended to read:
"Section 27-47-530.   (A) An owner may evict a resident for one or more of the following reasons:
(1)   failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2)   engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3)   noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4)   not paying rent within five days of its due date;
(5)   noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6)   wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7)   taking of the park or the part of it affecting the resident's lot by eminent domain;
(8)   other reason sufficient under common law.
(B)   Notwithstanding Section 27-37-100, A a writ of ejectment may not issue within until thirty ten days after of written notice to the resident of the commencement of the eviction action a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C)   If a manufactured home remains on the lot twenty days after the resident has been evicted, the home may be sold at public auction pursuant to Section 29-15-10."/
Renumber sections to conform.
Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4949 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", AND TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE.

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

Senator McCONNELL proposed the following amendment (4949R001.GFM), which was adopted:
Amend the bill, as and if amended, page 1, Section 1, by adding a new sentence at the end of the first paragraph to read:
/For the purpose of this section improvement, repair, or maintenance does not include new construction on a site without a pre-existing structure./
Amend title to conform.

Senator RAVENEL explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.

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

Senator BRYAN proposed the following amendment (4975R002.JEB), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION   _____.   Section 5-25-30 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Senator ANDERSON proposed the following amendment (4975R003.RA), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION__.   Section 20-7-2725(A)(4) of the 1976 Code, as added by Act 444 of 1996, is amended to read:
"(4)   the offenses enumerated in Section 16-1-10(A), except that this prohibition shall not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment;"/
Renumber sections to conform.
Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4535 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE PERCENTAGE AMOUNT OF THE CREDIT AND ITS DURATION, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1995.

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

Senator MOORE proposed the following amendment (4535R002.TLM), which was adopted:
Amend the bill, as and if amended, Section 1, page 1 by striking lines 30 through 40 and continuing on page 2, by striking lines 1 and 2 and inserting:
Section 12-6-3385.(A) A student is allowed a refundable individual income tax credit equal to thirty percent of tuition paid an institution of higher learning or a designated institution as provided for within during the taxable year. A 'qualified student', as defined in subsection (B)(2) of this section, is allowed an additional credit equal to five percent of tuition paid, not to exceed a total credit of thirty-five percent. Tuition credits may not be claimed for more than eight consecutive semesters. However, extensions may be granted due to medical necessity as defined by the Commission on Higher Education. The credit may be claimed by the student or by an individual eligible to claim the student as a dependent on his federal income tax return, whoever actually paid the tuition. The department shall prescribe a form for claiming the credit.
Amend further the bill, as and if amended, Section 2, page 3, by striking line 26 and inserting:
1995.
Amend further the bill, as and if amended, page 1, line 23, by striking / 1998. / and inserting :
/ 1995. /.
Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4587 -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.

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

Senators PEELER and LANDER proposed the following amendment (4587R001.HSP), which was adopted:
Amend the bill, as and if amended, page 3, line 7, after /eleventh./ and before the /"/ by adding an appropriately lettered subsection to read:
/(C) On November eleventh of each year, schools may permit students to attend activities to commemorate and honor veterans that are held at locations within their respective counties. The parent of a student seeking to be excused pursuant to this subsection shall provide prior written consent to the appropriate school personnel. Attendance at such activities shall count as a part of the instructional day for purposes of Section 59-1-440./
Amend title to conform.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.

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

Senator ELLIOTT proposed the following amendment (GJK\21584SD.98), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/SECTION   1.   Section 12-36-2120(31) of the 1976 Code is amended to read:
"(31)   vacation time sharing lease plans, vacation multiple ownership interests, exchanges of interests in vacation time sharing plans, and vacation multiple ownership interests as provided by Chapter 32 of Title 27, and any other exchange of accommodations in which the accommodations to be exchanged are the primary consideration;"
SECTION   2.   Section 27-32-170 of the 1976 Code is amended to read:
"Section 27-32-170.   The gross proceeds from the sale or resale of any a vacation time sharing lease plan and the exchange of an interest in a vacation time sharing plan shall be are exempt from sales tax imposed by Chapter 36 of Title 12 under pursuant to the provisions of Section 12-36-2120."
SECTION   3.   Section 27-32-250(2) of the 1976 Code is amended to read:
"(2)   The sale or resale of a any vacation multiple ownership interest and the exchange of an interest in a vacation multiple ownership interest is exempt from sales tax imposed by Chapter 36 of Title 12 pursuant to the provisions of Section 12-36-2120 in the manner provided by Section 27-32-170."/
Renumber sections to conform.
Amend title to conform.

Senator ELLIOTT explained the amendment.

The amendment was adopted.

Senator COURTNEY proposed the following amendment (JUD4672.001), which was adopted:
Amend the bill, as and if amended, page 2, line 9, by adding the following appropriately numbered SECTIONS to read:
/SECTION   ___.   Section 12-21-4020(4) is amended to read:
"(4)   CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days. The department, in its discretion, may allow certain Class D licenses to use hard bingo cards in lieu of the paper cards required by this article."
SECTION   ___.   Section 12-21-4090(A) of the 1976 Code is amended to read:
"(A)   The provisions of this section apply to the licensed nonprofit organization which is responsible for the special checking and savings accounts established by this section. The provisions of this section do not apply to the holder of a Class D fair bingo license."/
Renumber sections to conform.
Amend title to conform.

The amendment was adopted.

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

THIRD READING BILLS

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

S. 1184 -- Senator Ravenel: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE TO AN AREA SEEKING INCORPORATION OF A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS; AND TO AMEND SECTION 5-1-40, RELATING TO THE PETITION REQUIRED TO BE SUBMITTED TO THE SECRETARY OF STATE BY THOSE PERSONS DESIRING TO INCORPORATE A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS.

S. 1245 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOUSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2277, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4671 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE MORTGAGEE OR ASSIGNEE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.

Senators McCONNELL and COURTNEY explained the Bill.

S. 1155 -- Senators Leventis, Lander, Elliott, Matthews and Waldrep: A BILL TO AMEND SECTION 44-56-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES, RATHER THAN TO LIMIT EXPENDITURES TO FIVE PERCENT OF THE AVERAGE COLLECTED ANNUAL BALANCE OF THE FUND AND TO AMEND SECTION 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996, TO JULY 1, 1999, THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE, THROUGH OBTAINING CERTIFICATION, COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT.
Senator LEVENTIS explained the Bill.

S. 1258 -- Senators Mescher and Short: A BILL TO AMEND TITLE 59, CHAPTER 112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION AND FEES AT STATE INSTITUTIONS, BY ADDING SECTION 59-112-75 SO AS TO PROVIDE THAT PUBLIC SCHOOL TEACHERS MAY RECEIVE A TUITION VOUCHER FOR ONE COURSE AT AN ISSUING STATE INSTITUTION WHEN SUPERVISING STUDENTS WHO ARE COMPLETING THEIR EDUCATIONAL DEGREE REQUIREMENTS.

H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Senator LEVENTIS explained the Bill.

SECOND READING BILLS

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

S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
(By prior motion of Senator MESCHER)

H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.

H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1257 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUPERIOR SCHOLARS FOR TODAY AND TOMORROW (STAR) HIGH SCHOOL DIPLOMA/SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2227, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RECOMMITTED

On motion of Senator MOORE, with unanimous consent, the following Bills and Joint Resolution were recommitted to the respective committees:

S. 216 -- Senator Wilson: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 261 -- Senators Short, Mescher, Williams, Bryan, Rankin, Jackson, Washington, Matthews, Reese, Glover, Alexander, Patterson, Land, Moore, Hutto, Anderson, Lander and Saleeby: A BILL TO ENACT THE "COORDINATED SERVICES FOR YOUTH ACT OF 1997", BY AMENDING CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Medical Affairs.

S. 273 -- Senator McConnell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 63 -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND TO FURTHER PROVIDE THAT AN AREA IS DEEMED TO BE CONTIGUOUS IF IT IS INTERRUPTED BY PUBLIC MARSH LANDS OR WATERWAYS, SO LONG AS THE AREA INCLUDES HIGHLAND ON THE OTHER SIDE OF THE PUBLIC MARSH LAND OR WATERWAY, WHETHER OR NOT THE PUBLIC MARSH LAND OR WATERWAY IS AN ANNEXED PART OF ANOTHER MUNICIPALITY.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 400 -- Senator Alexander: A BILL TO AMEND SECTION 6-9-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF STATE BUILDINGS FROM A STANDARD BUILDING CODE ADOPTED BY A COUNTY OR MUNICIPALITY, SO AS TO EXEMPT BUILDINGS OF SCHOOL DISTRICTS.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 469 -- Senators Cork, Ravenel, Rose, Mescher, Washington, Rankin, Patterson, McConnell, Passailaigue and Ford: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL; TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 470 -- Senator Land: A JOINT RESOLUTION TO ALLOW LOCAL GOVERNING BODIES WHICH ENACTED, COLLECTED, AND HELD IN ESCROW FEES ON TRANSFERS OF REAL ESTATE TO USE THOSE FUNDS FOR THE PURPOSES FOR WHICH THE FEES WERE ORIGINALLY INTENDED.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was recommitted to the Committee on Judiciary.

S. 238 -- Senators Giese, Passailaigue, Holland, Reese, Ravenel, Rose and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-262 SO AS TO REQUIRE A NURSING HOME, AS A CONDITION OF LICENSURE, TO ESTABLISH MINIMUM PATIENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE, EXCLUDING REGISTERED NURSES AND LICENSED PRACTICAL NURSES.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Medical Affairs.

S. 659 -- Senators Courtney, Bryan, Alexander, Washington, Wilson, Elliott, Ford, Glover, Hayes, Lander, McConnell, Mescher, O'Dell, Rankin, Ravenel, Reese, Rose, Russell, Saleeby and J. Verne Smith: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Labor, Commerce and Industry.

S. 345 -- Senators Leatherman and Giese: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS TO ESTABLISH MAXIMUM LIMITS ON FINES AND IMPRISONMENT FOR VIOLATIONS, TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE, AND TO REQUIRE A WRITTEN CONTRACT BE EXECUTED TO PERFORM SERVICES CONSIDERED THE PRACTICE OF FORESTRY.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Fish, Game and Forestry.

S. 851 -- Senators Leventis, Saleeby, Ford, Ravenel, Holland, O'Dell, Reese, McConnell, Cork, Hutto and Short: A BILL TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION SHALL ALSO BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL, AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL SHALL BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE METHOD OF TERMINATION OR REMOVAL.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 1171 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-212, SO AS TO PROVIDE THAT THE GOVERNOR, DURING A LEGISLATIVE SESSION OF THE GENERAL ASSEMBLY, MAY APPOINT AN ACTING DIRECTOR TO ANY DEPARTMENT ENUMERATED IN SECTION 1-30-10 FOR A PERIOD NOT TO EXCEED SIX MONTHS.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 1116 -- Senator Courtney: A BILL TO AMEND SECTION 56-5-2930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS CONVICTED AND AT THE TIME OF THE OFFENSE HAD MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; AND TO AMEND SECTION 56-1-1320, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND AT THE TIME OF THE OFFENSE HAD MORE THAN TWENTY ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

S. 218 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY MAY GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

CARRIED OVER

The following Bills were carried over:

H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
On motion of Senator MOORE, the Bill was carried over.

H. 4856 -- Reps. Delleney and Wilkins: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
On motion of Senator MOORE, the Bill was carried over.

AMENDMENT PROPOSED, CARRIED OVER

S. 969 -- Senator Holland: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30, SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" AND TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR; TO PROVIDE FOR THE RIGHTS OF THESE PERSONS IN THIS PROCESS; AND TO AUTHORIZE THE COMMITMENT OF THE PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION AND UNTIL THE PERSON IS SAFE TO BE AT LARGE.

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

Senator HOLLAND proposed the following Amendment No. 1 (JUD0969.001):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION   1.   Title 44 of the 1976 Code is amended by adding:

"CHAPTER 48
Sexually Violent Predator Act

Section 44-48-10.   This chapter is known and may be cited as the 'Sexually Violent Predator Act'.
Section 44-48-20.   The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeat acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly determines that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in secure facilities separated from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.
Section 44-48-30.   For purposes of this chapter:
(1)   'Sexually violent predator' means a person who:
(a)   has been convicted of a sexually violent offense; and
(b)   suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2)   'Sexually violent offense' means:
(a)   criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b)   criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c)   criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d)   criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e)   criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f)   engaging a child for a sexual performance, as provided in Section 16-3-810;
(g)   producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h)   assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i)   incest, as provided in Section 16-15-20;
(j)   buggery, as provided in Section 16-15-120;
(k)   committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l)   violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m)   accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n)   attempt to commit an offense enumerated in this item as provided by Section 16-1-80;
(o)   any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3)   'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4)   'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.
(5)   'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6)   'Convicted of a sexually violent offense' means a person has:
(a)   pled guilty to, pled nolo contendere to, or been convicted of;
(b)   been adjudicated delinquent as a result of the commission of;
(c)   been charged but determined to be incompetent to stand trial for;
(d)   been found not guilty by reason of insanity of; or
(e)   been found guilty but mentally ill of a sexually violent offense.
(7)   'Court' means the court of common pleas.
(8)   'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of community supervision.
(9)   'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10)   'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.
Section 44-48-40.   (A)   When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the multidisciplinary team established in Section 44-48-50 and the Attorney General at least ninety days before:
(1)   the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2)   the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3)   the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4)   release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the multidisciplinary team and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C)   The agency with jurisdiction shall inform the multidisciplinary team and the Attorney General of:
(1)   the person's name, identifying factors, anticipated future residence, and offense history; and
(2)   documentation of institutional adjustment and any treatment received.
(D)   The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.
Section 44-48-50.   The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include a representative from the Department of Corrections, the Department of Probation, Parole and Pardon Services, and a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders. The Director of the Department of Corrections or his designee shall be the chairman of the team.
Section 44-48-60.   The Attorney General shall appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall include, but not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall also consider information provided by the circuit solicitor who prosecuted the person.
Section 44-48-70.   When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the person committed the offense. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, shall request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.
Section 44-48-80.   (A)   Upon filing of a petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.
(B)   Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall:
(1)   verify the detainee's identity;
(2)   receive evidence and hear argument from the person and the Attorney General; and
(3)   determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C)   At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:
(1)   to be represented by counsel;
(2)   to present evidence on the person's behalf;
(3)   to cross-examine witnesses who testify against the person; and
(4)   to view and copy all petitions and reports in the court file.
(D)   If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.
Section 44-48-90.   Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.
Section 44-48-100.   (A)   The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.
(B)   If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.
Section 44-48-110.   A person committed pursuant to this chapter shall have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall conduct an annual hearing to review the status of the committed person. The committed person shall not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall contain a waiver of rights. The director shall forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General shall represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.
Section 44-48-120.   If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall authorize the person to petition the court for release. The petition shall be served upon the court and the Attorney General. The court, upon receipt of the petition for release, shall order a hearing within thirty days. The Attorney General shall represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.
Section 44-48-130.   Nothing in this chapter shall prohibit a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large and, if released, would commit acts of sexual violence, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall deny the petition without a hearing.
Section 44-48-140.   In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.
Section 44-48-150.   Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record but must be sealed and opened only on order of the court.
Section 44-48-160.   A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.
Section 44-48-170.   The involuntary detention or commitment of a person pursuant to this chapter shall conform to constitutional requirements for care and treatment."
SECTION   2.   The last paragraph of Section 16-3-1110 of the 1976 Code is amended to read:
"Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim."
SECTION   3.   Section 16-3-1560, as last amended by Act 141 of 1997, is further amended to read:
"Section 16-3-1560.   (A)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.
(B)   The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C)   The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time.
(D)   The Attorney General must confer with victims regarding the defendant's appeal and other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44.
(E)   The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, until their resolution.
(F)   The Attorney General reasonably must attempt to notify a victim of all post-conviction proceedings, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings."
SECTION   4.   Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"Section 24-3-85.   The director of the prison system shall admit and detain in the Department of Corrections for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44."
SECTION   5.   Section 44-22-10(11) of the 1976 Code is amended to read:
"(11)   'Patient' means an individual undergoing treatment in the department; however, the term does not include a person committed to the department pursuant to Chapter 48 of Title 44."
SECTION   6.   If any section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION   7.   This act takes effect upon approval by the Governor and applies to any person who, on the effective date of the act, is serving a sentence for any offense set forth in Section 44-48-30(2) as well as to any person who is convicted of a sexually violent offense on or after the effective date of this act. /
Amend title to conform.

Senator HOLLAND explained the amendment.

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

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Calhoun County Delegation, the following appointments were confirmed in open session:
Reappointments, Calhoun County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable D. Eugene Carson, Route 1, Box 541, Cameron, S.C. 29030
Honorable Helen M. Geiger, Route 2, Box 129-A, Gaston, S.C. 29053
Honorable Freemon Thomas, Route 3, Box 504, St. Matthews, S.C. 29135
Honorable Robert H. Lake, 213 Carlisle Avenue, St. Matthews, S.C. 29135

Having received a favorable report from the Chester County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Chester County Board of Voter Registration, with term to commence June 30, 1997, and to expire March 15, 1998:
At-Large:
Ms. Nicole L. McBrayer, 3624 Gaston Farm Road, Richburg, S.C. 29729 VICE Marion B. Kee (resigned)
Reappointment, Chester County Board of Voter Registration, with term to commence March 15, 1998, and to expire March 15, 2000:
Ms. Nicole L. McBrayer, 3624 Gaston Farm Road, Richburg, S.C. 29729

Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:
Reappointment, Clarendon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Carnell Hampton, Route 1, Box 18-A, Gable, S.C. 29051
Initial Appointment, Clarendon County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Carnell Hampton, Route 1, Box 18-A, Gable, S.C. 29051 VICE Murray Montgomery (retired)

Having received a favorable report from the Dillon County Delegation, the following appointments were confirmed in open session:
Reappointments, Dillon County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Charles D. Spivey, Post Office Box 272, Lake View, S.C. 29563
Honorable Magnolia T. Williams, Post Office Box 1281, Dillon, S.C. 29536

Having received a favorable report from the Edgefield County Delegation, the following appointment was confirmed in open session:
Reappointment, Edgefield County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Davis R. Parkman, 507 Butler Street, Johnston, S.C. 29832

Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Reappointments, Florence County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Kimberly B. Cox (formerly McKnight), Post Office Box 367, Pamplico, S.C. 29583
Honorable Ulysses Frieson, 6719 Friendfield Road, Effingham, S.C. 29541
Honorable Eugene Cooper, 205 East Williams Road, Coward, S.C. 29530-5079
Honorable Robert L. McElveen, 440 Camelia Lane, Lake City, S.C. 29560

Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:
Reappointments, Greenville County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Thomas E. Taylor, 412 Sandy Springs Road, Piedmont, S.C. 29673
Honorable Ettaphine P. James-Reid, 202 Cannon Circle, Greenville, S.C. 29601
Honorable Harold L. Grimsley, 6347 White Horse Road, Greenville, S.C. 29611
Honorable Michael D. Stokes, 3771 Camp Road, Greer, S.C. 29651
Honorable Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239
Honorable Mildred T. Stokes, 1870 Few's Chapel Road, Greer, S.C. 29651-8789

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:
Reappointments, Horry County Board of Voter Registration, with terms to commence March 15, 1998, and to expire March 15, 2000:
Mr. J. Conrad Hetzer, 305 Ocean View Drive, Myrtle Beach, S.C. 29572
Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382

Having received a favorable report from the Lee County Delegation, the following appointments were confirmed in open session:
Reappointments, Lee County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Alston W. Woodham, Route 2, Box 778, Bishopville, S.C. 29010
Honorable Robert W. Hancock, Route 1, Box 108-A, Dalzell, S.C. 29040
Honorable Davis A. White, Route 1, Box 1256, White Road, Bishopville, S.C. 29010
Honorable Carolyn H. Jackson, Route 1, Box 217, Camden, S.C. 29020

Having received a favorable report from the McCormick County Delegation, the following appointments were confirmed in open session:
Initial Appointment, McCormick County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable Jake O. Trantham, Route 1, Box 2-F-A, McCormick, S.C. 29835 VICE June Hughes Davis (deceased)
Reappointment, McCormick County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Honorable Jake O. Trantham, Route 1, Box 2-F-A, McCormick, S.C. 29835

Having received a favorable report from the Pickens County Delegation, the following appointments were confirmed in open session:
Reappointments, Pickens County Magistrate, with terms to commence April 30, 1998 and to expire April 30, 2002:
Honorable Dale F. Dalton, Post Office Box 65, Liberty, S.C. 29657
Honorable James Edward King, 216 L.E.C. Road, Pickens, S.C. 29671

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:
Reappointment, Spartanburg County Voter Registration Board, with term to commence March 27, 1998, and to expire March 15, 2000:
Mr. George F. Abernathy, 988 Iron Ore Road, Spartanburg, S.C. 29303

Having received a favorable report from the Sumter County Delegation, the following appointments were confirmed in open session:
Reappointments, Sumter County Magistrate, with terms to commence April 30, 1998, and to expire April 30, 2002:
Honorable Mary Katherine Herbert, 3795 Bart Davis Road, Alcolu, S.C. 29001
Honorable William Sanders, 5025 John W. Sanders Road, Rembert, S.C. 29128
Honorable Lee Anna Tindal, 3065 Tindal Road, Sumter, S.C. 29150

Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:
Reappointments, Williamsburg County Magistrate, with terms to commence April 30,1998, and to expire April 30, 2002:
Honorable Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518
Honorable James E. Doster, Jr., Post Office Box 416, Hemingway, S.C. 29554
Honorable William A. Edwins, Jr., 407 Pressley Avenue, Kingstree, S.C. 29556
Honorable Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564
Honorable Jerry M. Mishoe, Post Office Box 673, Kingstree, S.C. 29556

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
Initial Appointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Leon E. Yard, 2072 Dunlap Roddey Road, Rock Hill, S.C. 29730 VICE Billy R. Wilson (resigned)/new seat

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of the HONORABLE GILBERT E. McMILLAN, of Aiken County, former Senator, friend and colleague.

ADJOURNMENT

At 7:37 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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