South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 4715 . . . . . Tuesday, May 30, 2000

Tuesday, May 30, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Father of us all, as we as a Nation observe a day sacred to the memory of our country's war dead, we thank You for all who have fought the good fight, nobly lived, bravely died, and kept the faith. In grateful remembrance, and with dignity and honor, may we strengthen their efforts to win a new and better life. Give a consciousness of work well done to those whom war has left weakened in body, mind and spirit as they live among a grateful people. "Lord God of hosts, be with us yet, lest we forget, lest we forget." Amen.

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

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

MOTION ADOPTED

Rep. RICE moved that when the House adjourns, it adjourn in memory of J. B. "Red" Owens of Easley, which was agreed to.

COMMUNICATION

The following was received:

May 30, 2000
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, SC 29211


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Dear Ms. McKinney:

The State Election Commission has certified to this office that the Honorable Don Smith received the greatest number of votes cast for the House of Representatives, House District #83, in a special election held in South Carolina on May 23, 2000.

Honorable Don Smith is hereby certified as the duly and properly elected member of the House of Representatives, House District #83.

Sincerely,
Jim Miles
Secretary of State

Received as information.

MEMBER-ELECT SWORN IN

Mr. Don Smith, Member-elect from District No. 83, presented his credentials and the oath of office was administered to him by the SPEAKER.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MCCONNELL, FORD and REESE of the Committee of Conference on the part of the Senate on H. 3120:

H. 3120 (Word version) -- Reps. Sandifer, Meacham-Richardson, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.

Very respectfully,
President
Received as information.


Printed Page 4717 . . . . . Tuesday, May 30, 2000

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 25, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1129:

S. 1129 (Word version) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: A BILL TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND DIRECT PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE DIRECTIVES FOR APPOINTING THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND GUIDING THE COMMISSIONERS ON STATE POLICIES; AND TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO PROVIDE FOR INTERIM DISPOSAL RATES OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED AT ANY REGIONAL FACILITY IN THIS STATE; AND TO REPEAL CHAPTER 48,


Printed Page 4718 . . . . . Tuesday, May 30, 2000

TITLE 48 RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 25, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1340:

S. 1340 (Word version) -- Senators Ravenel, Mescher and McConnell: A BILL TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2000, NO PERSON LICENSED AS A COMMERCIAL SALTWATER FISHERMAN OR AS A WHOLESALE SEAFOOD DEALER MAY OBTAIN A SHRIMP BAITING LICENSE, AND 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT NO CAST NET MAY BE USED HAVING A MESH SIZE SMALLER THAN ONE-HALF INCH SQUARE MEASURE OR ONE INCH STRETCH MEASURE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 25, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1359:


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S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 25, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 5024:

H. 5024 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.


Printed Page 4720 . . . . . Tuesday, May 30, 2000

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 25, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MOORE, MARTIN and HUTTO of the Committee of Conference on the part of the Senate on H. 3745:

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, J. H. Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins, Witherspoon, Lourie and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION


Printed Page 4721 . . . . . Tuesday, May 30, 2000

AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4743.
The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN


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THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

Very respectfully,
President
Received as information.

S. 250--CONFERENCE COMMITTEE REPLACEMENT

The SPEAKER announced that Rep. HARRISON replaced Rep. FLEMING on the Conference Committee on the following Bill:

S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS


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TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.

REPORT OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 57 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5143 (Word version) -- Reps. Harrison, D. Smith, Knotts, Altman, Campsen, Cotty, Delleney, Easterday, Fleming, Govan, Harris, Hawkins, Jennings, Klauber, Lucas, Maddox, McGee, W. McLeod, Scott, Seithel, Simrill, F. Smith, J. Smith, Taylor and Whipper: A HOUSE RESOLUTION TO COMMEND REGGIE LLOYD, DIRECTOR OF RESEARCH AND COUNSEL TO THE HOUSE JUDICIARY COMMITTEE, FOR HIS EXCELLENT SERVICE TO THE COMMITTEE AND TO EXTEND BEST WISHES TO HIM IN HIS NEW POSITION AS DIRECTOR OF LAW AND GOVERNMENTAL RELATIONS FOR AT&T IN SOUTH CAROLINA.

Whereas, Reggie Lloyd joined the House Judiciary Committee as its Director of Research and Staff Counsel in August 1998; and


Printed Page 4724 . . . . . Tuesday, May 30, 2000

Whereas, he came to the General Assembly after distinguishing himself working for the Attorney General and, before that, working as a litigation associate in a large defense law firm; and

Whereas, his experience and knowledge have proven invaluable to the Judiciary Committee as it examines complex legislation; and

Whereas, the Judiciary Committee and its staff will miss his kind manner, sense of humor, impeccable taste in good cigars and fine wines, and ability to make outrageous amendments germane; and

Whereas, Reggie has decided to return to the private sector and serve as Director of Law and Governmental Relations for AT&T in South Carolina; and

Whereas, the members of the Judiciary Committee express their gratitude to Reggie for his hard work and the professionalism with which he did the work of the committee and House; and

Whereas, his presence will be missed on the "Diversity Bench". Now, therefore,

Be it resolved by the House of Representatives:

That the members commend Reggie Lloyd, Director of Research and Counsel to the House Judiciary Committee, for his excellent service to the committee and extend best wishes to him in his new position as Director of Law and Governmental Relations for AT&T in South Carolina.

Be it further resolved that a copy of this resolution be presented to Reggie Lloyd.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5144 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MR. R. AUSTIN GILBERT, JR., OF FLORENCE, FOR HIS SPLENDID CONTRIBUTIONS AND


Printed Page 4725 . . . . . Tuesday, May 30, 2000

OUTSTANDING LEADERSHIP AS A MEMBER AND CHAIRMAN OF THE COMMISSION ON HIGHER EDUCATION, AND TO EXTEND HEARTFELT THANKS AND APPRECIATION FOR HIS DEVOTION AND SERVICE TO HIS NATIVE STATE ON THE OCCASION OF THE COMPLETION OF HIS SERVICE AS A MEMBER OF THE COMMISSION ON HIGHER EDUCATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5145 (Word version) -- Reps. Carnell, Keegan, H. Brown, Harrell, Quinn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR HIGHLY REGARDED FRIEND, SARA ELIZABETH "LIB" CROFT, FOR HER MANY YEARS OF DEDICATED AND LOYAL SERVICE TO THE GENERAL ASSEMBLY ON THE OCCASION OF HER JUSTLY EARNED RETIREMENT.

Whereas, the members of the General Assembly are indeed saddened to learn that one of their most dedicated employees, Sara Elizabeth


Printed Page 4726 . . . . . Tuesday, May 30, 2000

"Lib" Croft of Columbia, will be retiring on June 30, 2000, after more than thirty-five years in state government; and

Whereas, Lib was born and raised in Chester, South Carolina, and is the daughter of the late Brice and Sara Croft. She is devoted to her two sisters: Ann King and her husband Bill King of Belle Isle; and Fran Hancock and her husband William Hancock of Rock Hill; and

Whereas, upon her graduation from Winthrop College, Lib began her employment in government with the State Department of Education; following this, she served as the Secretary to the Richland County Legislative Delegation during Senator Walter Bristow's tenure as Chairman; and in January of 1973, the late Senator "Son" Roddey named her the Administrative Assistant to the Senate Labor, Commerce and Industry Committee, which he chaired; in the mid 70's, she left the legislature to become a court reporter for the Fifth Judicial Circuit; and after several years, Senator Roddey was fortunate to have Lib return as the Administrative Assistant for the Senate Labor, Commerce and Industry Committee. Following Senator Roddey's death, Lib was named the Director of Research to the Senate Corrections and Penology Committee chaired by Senator Horace Smith; and

Whereas, Lib has continuously served as staff support for the Joint Bond Review Committee since its inception in 1976; and

Whereas, in 1992, Representative Marion Carnell became Chairman of the Joint Bond Review Committee which resulted in Lib's transfer to the South Carolina House of Representatives where she continues to staff the committee; and

Whereas, Lib's sage knowledge and great wealth of experience to all those who seek her guidance will be irreplaceable. She is specifically charged to keep up with volumes of documentation from state agencies and institutions that request and receive funds for use in the financing of permanent improvement projects. It is customary on any given day for Lib to assist the various presidents of institutions of higher learning, the directors of state agencies, or their staff in understanding and facilitating their requests in a timely and orderly fashion. Lib's organizational skills and efficient manner are tools which enable her to maintain a high level of retention in coordinating and disseminating


Printed Page 4727 . . . . . Tuesday, May 30, 2000

this information to Chairman Carnell and the other nine committee members; and

Whereas, Lib, in addition, has staffed the following study committees: Committee to Study the State's Magisterial System; Committee to Investigate Candidates for Trustees for Universities and Colleges; Election Laws Study Committee; Tourism and Trade Study Committee; Internal Security Committee; and South Carolina Crime Study Committee; and

Whereas, Lib is an extremely intelligent, dependable, responsible, and conscientious person whose values and dedication on and off the job serve as an example to all legislative employees; and

Whereas, Lib is an active member of the Lutheran Church of the Incarnation and has served her church in many capacities, which includes singing in the choir; and

Whereas, Lib loves to travel and has already made plans to visit France in July and New York in October. She will be a frequent visitor to the coast, where both of her sisters have homes; and

Whereas, next to the word "antiquing" in the dictionary, there must be a picture of Lib Croft. She is an avid collector and loves to browse in antique shops in her spare time; and

Whereas, our dear friend's presence will be sorely missed by all of us, including her co-workers and other staff, and she will be embellished in our memories for many years to come; and

Whereas, it is fitting for the members of the General Assembly to pause in their deliberations, with mixed sadness and joy, to take this opportunity to honor this truly gracious and lovely lady by offering our deepest thanks for her exemplary years of service to the Palmetto State and that all good wishes for the future accompany Lib Croft as she embarks on the next chapter of her journey through life. Now, therefore,

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


Printed Page 4728 . . . . . Tuesday, May 30, 2000

That the members of the General Assembly of the State of South Carolina hereby express heartfelt appreciation and sincere gratitude to our highly regarded friend, Sara Elizabeth "Lib" Croft, for her many years of dedicated and loyal service to the General Assembly on the occasion of her justly earned retirement.

Be it further resolved that a copy of this resolution be presented to Lib Croft.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5146 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT THANKS OF THE STATE OF SOUTH CAROLINA TO DR. W. DUKE HUCKS, SUPERINTENDENT OF EDUCATION FOR PICKENS COUNTY, FOR MORE THAN THIRTY-FIVE YEARS OF DEDICATION TO PUBLIC EDUCATION IN THIS STATE AS TEACHER, PRINCIPAL, AND SUPERINTENDENT, AND WISHING HIM A WELL-DESERVED AND HARD-EARNED RELAXING RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5147 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE RODNEY E. SLATER, SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE ADMINISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA), AND THE UNITED STATES CONGRESS TO OPPOSE THE ADOPTION OF THE REVISIONS TO THE FEDERAL HOURS-OF-SERVICE RULES FOR COMMERCIAL DRIVERS CONTAINED IN THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S RECENTLY ISSUED NOTICE OF PROPOSED RULEMAKING,


Printed Page 4729 . . . . . Tuesday, May 30, 2000

AND TO URGE THE FMCSA TO ISSUE A NEW PROPOSAL BASED ON SOUND SCIENCE, ENHANCED PUBLIC SAFETY, AND STRENGTHENED ABILITY OF THE TRUCKING INDUSTRY TO MEET THE NEEDS OF THE AMERICAN ECONOMY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5148 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIS M. ROSS OF RICHLAND COUNTY ON HIS RETIREMENT FROM THE GOODYEAR TIRE AND RUBBER COMPANY, AND EXTENDING BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 5149 (Word version) -- Reps. J. Brown, Breeland, Clyburn, M. Hines, Pinckney, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1411 (Word version) -- Senators Short and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HUNDREDS OF TEEN PREGNANCY PREVENTION PROFESSIONALS AND ADVOCATES FOR THEIR TIRELESS WORK IN REDUCING THE INCIDENCE OF TEEN PREGNANCY IN SOUTH CAROLINA, AND TO EXPRESS SUPPORT OF THESE INDIVIDUALS AND


Printed Page 4731 . . . . . Tuesday, May 30, 2000

OTHERS IN THEIR FIGHT TO FURTHER REDUCE THE NUMBER OF TEEN PREGNANCIES IN OUR FINE STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1412 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE EFFORTS OF THE LATE DR. JAMES I. CALIFF OF MYRTLE BEACH IN DIRECTING THE ESTABLISHMENT OF THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC., AND ALSO RECOGNIZING DR. CALIFF'S OTHER LONG AND TIRELESS EFFORTS ON BEHALF OF THE SENIOR CITIZENS OF HORRY COUNTY AND OF SOUTH CAROLINA.

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

INTRODUCTION OF BILL

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

S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
On motion of Rep. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


Printed Page 4732 . . . . . Tuesday, May 30, 2000

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barrett
Battle                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Campsen                Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harrison
Hawkins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Koon
Law                    Leach                  Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Perry                  Phillips
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 30.

Denny Neilson                     Lynn Seithel
Timothy Wilkes                    H.B. "Chip" Limehouse

Printed Page 4733 . . . . . Tuesday, May 30, 2000

Donald C. Smith                   Liston Barfield
Brenda Lee                        Ralph Davenport
Terry Haskins                     Jerry Govan
Steve Lanford                     Clementa Pinckney
Fletcher Smith                    Anthony Harris
James Klauber                     Thomas Rhoad
Jackson Whipper                   Douglas Jennings
Joseph Neal

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. FLEMING a leave of absence for the week.

SPECIAL PRESENTATION

Rep. M. MCLEOD and the Sumter Delegation presented to the House the Wilson Hall High School "Barons" Golf Team, the 2000 SCISAA 3A Co-Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. M. MCLEOD and the Sumter Delegation presented to the House the Wilson Hall High School Baseball Team, the 2000 SCISAA 3A champions, their coaches and other school officials.


Printed Page 4734 . . . . . Tuesday, May 30, 2000

H. 5088--DEBATE ADJOURNED

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

H. 5088 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5094--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Joint Resolution until Friday, June 30, which was adopted:

H. 5094 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 776--OBJECTIONS

The following Bill was taken up:

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CRAPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

Rep. EASTERDAY explained the Bill.

Reps. SHEHEEN, KIRSH, LAW, SCOTT, LLOYD, HOSEY, OTT and HOWARD objected to the Bill.


Printed Page 4735 . . . . . Tuesday, May 30, 2000

ORDERED TO THIRD READING

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

S. 300 (Word version) -- Senator Hutto: A BILL TO REPEAL SECTION 23-7-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY OF OTHERS FOR ACTS OF SPECIAL STATE CONSTABLES APPOINTED UPON RECOMMENDATION OF THE UNITED STATES ATOMIC ENERGY COMMISSION.

Rep. CAMPSEN explained the Bill.

S. 1009--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted:

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE


Printed Page 4736 . . . . . Tuesday, May 30, 2000

MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.

S. 263--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS


Printed Page 4737 . . . . . Tuesday, May 30, 2000

SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22677CM00), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, 3, 5, and 6 in their entirety.
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION   _____.   Section 56-5-1520(H) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"(H)   A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle which requires the driver to possess a commercial driver's license is guilty of a misdemeanor, and upon conviction for a first offense, must be fined as follows:

(1)   in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars. Ten dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14;

(2)   in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than thirty-five dollars nor more than seventy-five dollars. Twenty-five dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14;

(3)   in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars.


Printed Page 4738 . . . . . Tuesday, May 30, 2000

Fifty dollars of this fine must be placed in the state general fund and used only by the State Transport Police Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14; and

(4)   in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months. One hundred dollars of this fine must be placed in the state general fund and used by the State Transport Division of the Department of Public Safety and must not be used when calculating the court assessments contained in Chapter 1 of Title 14.

(I)   A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(I)(J)   In expending the funds credited to the state general fund from fines generated under subsection (G), the department first shall consider the need for additional highway patrolmen." /
Amend the bill further, as and if amended, by striking SECTION 4 in its entirety and inserting:
/ SECTION   4.     Chapter 23, Title 57 of the 1976 Code, as added by Act 17 of 1999, is amended to read:

"Article 17
Vegetation Management

Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:

(1)   for Charleston County:

(a)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)(b)   a roadside shall be mowed within thirty feet wide from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)(c)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.


Printed Page 4739 . . . . . Tuesday, May 30, 2000

(2)   for all other counties in the state, vegetation management of the medians, roadsides, and interchanges along the interstate highway system is left to the discretion of the Department of Transportation.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highways, then the department may increase the distance from the pavement required to be mowed." /
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION   _____.   The 1976 Code is amended by adding:

"Section 57-3-785.   (A)   The Department of Transportation shall require the placement of construction work zone signs when necessary to inform motorists of ongoing construction. The department shall direct the removal of these signs when work is substantially completed and normal traffic flow has resumed. The department shall assume responsibility for traffic maintenance upon the removal of these signs pursuant to this section.

(B)   Work zone signs posted pursuant to Section 56-5-1535(C)(1) must be removed or covered with weather resistant material when a work zone becomes inactive for more than three days." /
Renumber sections to conform.
Amend title to conform.

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

Rep. YOUNG-BRICKELL proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\2149DW00), which was adopted:
Amend the report of the Committee on Education and Public Works, as and if amended, page 263-2, line 1, by inserting after /the/ / Motor Carrier Services Section of the /


Printed Page 4740 . . . . . Tuesday, May 30, 2000

Amend further, page 263-2, line 2, by inserting after /Safety/ / to be used to enhance motor carrier registration services /
Amend further, page 263-2, line 9, by inserting after /the/ / Motor Carrier Services Section of the /
Amend further, page 263-2, line 10, by inserting after /Safety/ / to be used to enhance motor carrier registration services /
Amend further, page 263-2, line 16, by inserting after /the/ / Motor Carrier Services Section of the /
Amend further, page 263-2, line 17, by inserting after /Safety/ / to be used to enhance motor carrier registration services /
Amend further, page 263-2, line 25, by inserting after /the/ / Motor Carrier Services Section of the /
Amend further, page 263-2, line 26, by inserting after /Safety/ / to be used to enhance motor carrier registration services /
Amend title to conform.

Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.

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

S. 1315--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1315 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND CHAPTER 71 OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE BY ADDING ARTICLE 19, SO AS TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE & FINAL ADVERSE DETERMINATIONS.

Reps. HAWKINS, F. SMITH, LUCAS, RODGERS, MCGEE, STUART, TRIPP, CATO, RUTHERFORD, HOSEY, OTT, GOVAN, LLOYD, SCOTT, KIRSH, MILLER, MACK, LEACH, LOURIE, M. MCLEOD, EMORY, CLYBURN, CHELLIS, EDGE, SANDIFER and BATTLE requested debate on the Bill.


Printed Page 4741 . . . . . Tuesday, May 30, 2000

S. 1163--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\12154AC00), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 4 by deleting Section 38-48-20 and inserting:
/Section 38-48-20.   Every individual commonly called a public adjuster, adjusting losses for an insured, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The written examination for a public adjuster license shall be the same as that prescribed for insurance adjusters. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued pursuant to reciprocal arrangements or agreements as provided in Section 38-48-40 to a nonresident public adjuster who resides in a state which has enacted a statute requiring the licensing of public adjusters and which refuses to license South Carolina public adjusters, however a license may be issued to such applicants upon a successful completion of the examination for public adjusters prescribed by the director or his designee. Only licensed public adjusters may solicit business from an insured who has sustained an insured loss. Individuals engaged in providing public adjusting services without a license shall be deemed to be engaged in unauthorized transaction of insurance business and subject to the remedies provided in Chapter 25, as well as the disgorgement of fees or restitution to the insured for any fees paid./
Amend the bill further, Section 38-48-30 page 2, line 26 by deleting /address/ and inserting /addresses and telephone numbers/ so when amended Section 38-48-30 reads:


Printed Page 4742 . . . . . Tuesday, May 30, 2000

/Section 38-48-30.     When an individual applies for a public adjuster's license, he shall supply the department his business and residence addresses and telephone numbers. The public adjuster shall notify the department within thirty days of any change in these addresses./
Amend the bill further, Section 38-48-50 page 2, line 37 before /fee/ by inserting /biennial/ so when amended Section 38-48-50 reads:
/Section 38-48-50.   The biennial fee for a public adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States required in this State of nonresident public adjusters, the nonresident public adjusters shall pay an amount equal to the amount of charges imposed by the laws of this State upon public adjusters of this State./
Amend the bill further, Section 38-48-70 page 3, by deleting /shall/ on lines 26, 30, 32, and 35; on line 37 by deleting the /./ and inserting /;/; and immediately after line 37 by inserting /(h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer./ so when amended Section 38-48-70 reads:
/Section 38-48-70.     Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall:

(a)   be honest and fair in all communications with the insured and with the insurer or its representatives;

(b)   have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;

(c)   not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business;

(d)   not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;

(e)   not engage in any conduct which constitutes the unauthorized practice of law;


Printed Page 4743 . . . . . Tuesday, May 30, 2000

(f)   not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; and

(g)   not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims;

(h)   not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer./
Amend the bill further, Section 38-48-80 page 4, immediately after line 25 by inserting /Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured./ so when amended Section 38-48-80 reads:
/Section 38-48-80.     Any agreement between the insured and the public insurance adjuster for the services described in this chapter shall be in writing and signed by both parties. The contract shall:

(a)   state the full consideration for the public adjuster's services;

(b)   specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer;

(c)   shall legibly state the full name and address as specified in the department's record of the licensed public adjuster;

(d)   state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;

(e)   disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;

(f)   show the date on which the contract was signed by both parties;

(g)   clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and

(h)   clearly and conspicuously outline the services to be provided by the public adjuster to the insured.


Printed Page 4744 . . . . . Tuesday, May 30, 2000

Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured./
Amend the bill further, Section 38-48-130 page 5 line 34 after the /;/ by deleting /or/; and on page 5, by deleting item (d) on line 35 and inserting /act as both a contractor and a public adjuster in the adjustment of a claim for an insured; or/ so when amended Section 38-48-130 reads:
/   Section 38-48-130. It is unlawful for a person to:

(a)   act as a public adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not licensed to do business in this State; or

(b)   adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State; or

(c)   engage in the unauthorized transaction of insurance business as defined in this article and Chapter 25;

(d)   act as both a contractor and a public adjuster in the adjustment of a claim for an insured; or

(e)   violate any provision of this title.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both./
Amend the bill further, beginning on page 5, line 41 by deleting Section 38-48-140 and inserting:
/Section 38-48-140.   When the director or his designee determines after investigation that there has been a violation of this chapter by a public adjuster, the director or his designee, after providing notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, may impose penalties provided for in Section 38-2-10./
Amend the bill further, page 6, immediately after line 9 by inserting:
/Section 38-48-160.   The Department of Insurance shall promulgate regulations necessary to carry out the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 4745 . . . . . Tuesday, May 30, 2000

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

S. 1350--DEBATE ADJOURNED

Rep. LITTLEJOHN moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted:

S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.

S. 1008--POINT OF ORDER

The following Bill was taken up:

S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELLED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

POINT OF ORDER

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


Printed Page 4746 . . . . . Tuesday, May 30, 2000

S. 1145--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18484SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-435.   (A)   A law enforcement officer who is Class 1-LE certified in this State is required to complete Continuing Law Enforcement Education Credits (CLEEC) in domestic violence each year of a three-year re-certification period. The number of required annual CLEEC hours in domestic violence shall be determined by the South Carolina Criminal Justice Academy Division of the Department of Public Safety but must be included in the forty CLEEC hours required over the three-year re-certification period. The training must be provided or approved by the South Carolina Criminal Justice Academy and must include, but is not limited to, the following curriculum: responding to crime scenes, Fourth Amendment issues, incident report writing, mutual restraining orders, orders of protection, determining primary aggressors, dual arrests, victim and offender dynamics, victims' resources, victims' rights issues, interviewing techniques, criminal domestic violence courts, victimless prosecution, offender treatment programs, and recognizing special needs populations.

(B)   The Department of Public Safety shall develop guidelines to provide for an exemption from the requirement of certain Class 1-LE certified law enforcement officers whose job responsibilities may not


Printed Page 4747 . . . . . Tuesday, May 30, 2000

include responding to domestic violence cases from completing CLEEC hours in domestic violence each year. The request for an exemption must be made by the chief executive officer of the law enforcement officer's employing agency. A waiver or exemption from domestic violence training must not reduce the forty CLEEC hours required over the three-year period.

(C)   A special response unit for the purpose of responding to and providing counseling services to law enforcement agencies and departments in the state which have experienced deaths or other tragedies involving law enforcement officers or other employees must be created pursuant to guidelines and policies established by the Department of Public Safety. Training for the special response unit must be provided for and approved by the South Carolina Criminal Justice Academy." /
Renumber sections to conform.
Amend title to conform.

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

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

S. 746--POINT OF ORDER

The following Bill was taken up:

S. 746 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.

POINT OF ORDER

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


Printed Page 4748 . . . . . Tuesday, May 30, 2000

S. 109--POINT OF ORDER

The following Bill was taken up:

S. 109 (Word version) -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18488SOM00):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/   SECTION 1.     The 1976 Code is amended by adding:

"Section 15-9-17.     Notwithstanding another provision of law, a process server may serve a summons, complaint, or other judicial documents on Sundays; however, a process server may not serve a person who is going to or from or attending a regularly or specially scheduled church or other religious service on Sunday." /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

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

S. 1012--POINT OF ORDER

The following Bill was taken up:

S. 1012 (Word version) -- Senators J. V. Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO


Printed Page 4749 . . . . . Tuesday, May 30, 2000

INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\2147DW00):
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/ SECTION   1.   Section 61-6-2010 of the 1976 Code is amended to read:

"Section 61-6-2010.   (A)   In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. Provided, however, that the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)(1)   The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:


Printed Page 4750 . . . . . Tuesday, May 30, 2000

(a)   capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b)   purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c)   festivals which have a demonstrable and significant impact on tourism;

(d)   local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e)   contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f)   contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.;

(g)   acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering, and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;

(h)   nourishment, renourishment (resanding), and maintenance of beaches;

(i)     dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j)     maintenance of public beach access;

(k)   capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and

(l)     construction and maintenance of drainage systems.

(2)   The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1)   Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case


Printed Page 4751 . . . . . Tuesday, May 30, 2000

may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred five thousand qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2)   A referendum for this purpose may not be held more often than once in forty-eight months.

(3)   The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

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


Printed Page 4752 . . . . . Tuesday, May 30, 2000

S. 1291--POINT OF ORDER

The following Bill was taken up:

S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.

POINT OF ORDER

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

H. 4743--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 4743
The General Assembly, Columbia, S.C., May 25, 2000

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "NEWBORN PROTECTION ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE


Printed Page 4753 . . . . . Tuesday, May 30, 2000

FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARD A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

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.   This act may be cited as the 'The Safe Haven for Abandoned Babies Act'.

SECTION   2.   The 1976 Code is amended by adding:

"Section 20-7-85.   (A)   A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of an infant who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the infant and the circumstances give rise to a reasonable belief that the person does not intend to return for the infant. The hospital or hospital outpatient facility must perform any act necessary to protect the physical health or safety of the infant. The person leaving the infant is not required to disclose his or her identity.

(B)(1)   The hospital or hospital outpatient facility must offer the person leaving the infant information concerning the legal effect of leaving the infant with the hospital or hospital outpatient facility.

(2)   The hospital or hospital outpatient facility must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the Department of Social Services. This information includes, but is not limited to, information concerning the use of a controlled substance by the infant's mother, provided, that information regarding the use of a controlled


Printed Page 4754 . . . . . Tuesday, May 30, 2000

substance by the infant's mother shall not be admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department.

(3)   Any identifying information disclosed by the person leaving the infant must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department must maintain confidentiality of this information in accordance with Section 20-7-690.

(C)   Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of an infant pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department that it has taken temporary physical custody of the infant. The department shall have legal custody of the infant immediately upon receipt of the notice. The department must assume physical control of the infant as soon as practicable upon receipt of the notice, but no later than twenty-four hours after receiving notice that the infant is ready for discharge from the hospital or hospital outpatient facility. Assumption of custody by the department pursuant to this subsection does not constitute emergency protective custody, and the provisions of Section 20-7-610 do not apply. The department is not required to initiate a child protective services investigation solely because an infant comes into its custody under this subsection.

(D)   Immediately after receiving notice from the hospital or hospital outpatient facility, the department must contact the South Carolina Law Enforcement Division for assistance in assuring that the infant left at the hospital or hospital outpatient facility is not a missing infant. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department if a missing infant report is received that might relate to the infant left at the hospital or hospital outpatient facility.


Printed Page 4755 . . . . . Tuesday, May 30, 2000

(E)(1)   Within forty-eight hours after taking legal custody of the infant, the department must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the infant is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the infant was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2)   The notice and the news release must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing. If the person leaving the infant identified anyone as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.

(2)   Within forty-eight hours after obtaining legal custody of the infant, the department must file a petition alleging that the infant has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the infant in the home of the parent or parents would be contrary to the welfare of the infant, and that termination of parental rights is in the best interest of the infant. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department takes legal custody of the infant. This hearing shall be the permanency planning hearing for the infant. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department.

(F)   The act of leaving an infant with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the infant has been abused or neglected for purposes of Department of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of an infant is in issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the infant or acted in concert with the person leaving the infant.

(G)   A person who leaves an infant at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:

(1)   the person is a parent of the infant or is acting at the direction of a parent;


Printed Page 4756 . . . . . Tuesday, May 30, 2000

(2)   the person leaves the infant in the physical custody of an employee of the hospital or hospital outpatient facility; and

(3)   the infant is not more than thirty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty days old.

This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.

(H)   A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.

(I)   The department, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section.

(J)   For purposes of this section, `infant' means a person not more than thirty days old."

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

Amend title to conform.

/s/James E. Bryan, Jr.            /s/William Douglas Smith
/s/Linda H. Short                 George E. Campsen III
/s/Ralph Anderson                 /s/C. Anthony Harris, Jr.
On Part of the Senate.            On Part of the House.

Rep. D. SMITH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 1078--OBJECTION AND REQUEST FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of an objection and a request for debate by Reps. ROBINSON and RICE, the following Bill was taken up:

S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND


Printed Page 4757 . . . . . Tuesday, May 30, 2000

SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5183DJC00), which was adopted:
Amend the bill, as and if amended, Section 46-33-90(A)(4), as contained in SECTION 1, page 1, line 39, by striking item (4) in its entirety and inserting :
/ (4)   'Registered nursery dealer' means any person other than a grower of nursery stock who buys certified nursery stock for resale with annual sales of five thousand dollars or more, and any nurseryman who operates a sales lot separately from his nursery with annual sales of five thousand dollars or more. Registered and unregistered nursery dealers are required to produce sales records to agents of the commission upon request. /
When amended, Section 46-33-90(A) shall read:
/ (4)   'Registered nursery dealer' means any person other than a grower of nursery stock who buys certified nursery stock for resale with annual sales of five thousand dollars or more, and any nurseryman who operates a sales lot separately from his nursery with annual sales of five thousand dollars or more. Registered and unregistered nursery dealers are required to produce sales records to agents of the commission upon request. /
Amend the bill further, as and if amended, Section 46-33-90(A)(5), as contained in SECTION 1, page 2, line 1, by striking item (5) in its entirety and inserting:
/ (5) 'Hobbyist' and 'backyard gardener' mean any person selling nursery stock who has less than five thousand dollars in gross sales per calendar year. Hobbyist and backyard gardeners are required to produce sales records to agents of the commission upon request. Hobbyist and backyard gardeners are exempt from registration. /
When amended, Section 46-33-90(A)(5) shall read:
/ (5)   'Hobbyists' and 'backyard gardener' means any person selling nursery stock who has less than five thousand dollars in gross sales per


Printed Page 4758 . . . . . Tuesday, May 30, 2000

calendar year. Hobbyists and backyard gardeners are required to produce sales records to agents of the commission upon request. Hobbyists and backyard gardeners are exempt from registration. /
Amend the bill further, as and if amended, Section 46-33-90(C)(2)(b), as contained in SECTION 1, page 2, line 31, by striking item (b) in its entirety.
When amended, Section 46-33-90(c)(2) shall read:

/ (2)   Subject to the provisions of subparagraph (F), the following annual fee schedule is in effect:

(a)Nursery registration fees:

( i) ten acres or less         $ 75.00

( ii) greenhouses with less than

six thousand square feet     $ 75.00

(iii) eleven to twenty-five

acres                     $125.00

( iv) greenhouses with six thousand

to thirty thousand square

  feet                       $125.00

( v) more than twenty-five

acres                     $200.00

( vi) greenhouses with more than

thirty thousand square feet   $200.00/
Amend the bill further, as and if amended, Section 46-33-90(E), as contained in SECTION 1, page 2, line 40, by striking subparagraph (E) in its entirety and inserting:
/ (E)   Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the payment of fees and registration required by this section; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are subject to all commission rules and regulations. The Forestry Commission is exempt from paying fees required by this section. All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from registering and paying the fees. /
When amended, Section 46-33-90(E) shall read:
/ (E)   Governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are exempt from the payment of fees and registration required by this section; however, governmental and nonprofit organizations which are not in the business of commercial sale of nursery stock are subject to all commission rules


Printed Page 4759 . . . . . Tuesday, May 30, 2000

and regulations. The Forestry Commission is exempt from paying fees required by this section. All persons selling Christmas trees from November to January who are not otherwise required by this section to either register or pay the fees are exempt from registering and paying the fees. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name COUNCIL\SKB\AMEND\18459SOM00), which was adopted:
Amend the bill, as and if amended, in Section 46-33-90 as contained in SECTION 1, page 3, lines 9-12, by deleting subsection (F) in its entirety.
Renumber sections to conform.
Amend title to conform.

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

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

S. 986--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. RICE, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE


Printed Page 4760 . . . . . Tuesday, May 30, 2000

EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.

R. 310, H. 3699, VETO 1--CONTINUED,
VETO 2--CONTINUED

The Vetoes on the following Act were taken up:

(R310) H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES, TO INCREASE THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE BLIND OR PERMANENTLY AND TOTALLY DISABLED, FROM TWENTY THOUSAND DOLLARS


Printed Page 4761 . . . . . Tuesday, May 30, 2000

TO FIFTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD, AND PROVIDE THE SOURCE OF THE FUNDS TO REIMBURSE LOCAL PROPERTY TAXING ENTITIES FOR THE REVENUES NOT COLLECTED BECAUSE OF THE INCREASED EXEMPTION, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-640, SO AS TO PROVIDE THE PURPOSE OF MONIES GRANTED TO THE COMMISSIONERS OF PILOTAGE AND PROVIDE THAT THESE GRANT FUNDS ARE NOT SUBJECT TO STATE INCOME TAX; BY ADDING CHAPTER 130 IN TITLE 44, RELATING TO HEALTH, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG ACT, SO AS TO ESTABLISH A PROGRAM ADMINISTERED BY THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FINANCIAL ASSISTANCE IN PURCHASING PRESCRIPTION DRUGS TO RESIDENTS OF THIS STATE WHO HAVE ATTAINED AGE SIXTY-FIVE WHO ARE INELIGIBLE FOR MEDICAID OR ANY OTHER PRESCRIPTION DRUG BENEFITS AND WHOSE ANNUAL INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL PROVERTY LEVEL, TO DEFINE "PRESCRIPTION DRUG" FOR PURPOSES OF THE PROGRAM, AND TO REQUIRE SEMIANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY FOR THE EVALUATION OF THE PROGRAM.-AMENDED TITLE

VETO 1-- CONTINUED

Veto #1. Section 1(B), that item relating to the Tobacco Settlement Fund for tax years after 2000, which reads: "For tax years after 2000, an amount sufficient to fund the exemption provided herein must be appropriated from the Tobacco Settlement Fund, before any reduction or withdrawals as may be provided by law, to the Trust Fund for Tax Relief and must be used to reimburse counties, municipalities, school districts, and special purpose districts, as applicable, for this increased exemption amount in the manner provided in Section 12-37-270 of the 1976 Code."

Rep. HARRELL moved to continue the Veto.


Printed Page 4762 . . . . . Tuesday, May 30, 2000

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

Yeas 58; Nays 52

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
McGee                  McKay                  Meacham-Richardson
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, D.C.
Smith, R.              Stuart                 Taylor
Trotter                Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Bailey                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Canty
Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Kennedy                Kirsh                  Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod, M.
McLeod, W.             McMahand               Miller

Printed Page 4763 . . . . . Tuesday, May 30, 2000

Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Rutherford
Scott                  Sheheen                Smith, F.
Stille                 Whatley                Wilder
Wilkes

Total--52

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

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that it was improper to continue a veto under Section 21, Article IV of the State Constitution and that the veto should be considered item by item.
SPEAKER WILKINS stated that the veto was being considered item by item and that it was permissible to continue them. He therefore overruled the Point of Order.

VETO 2-- CONTINUED

Veto #2. Section 5 Effective Date of the Resolution.

Rep. HARRELL moved to continue the Veto.

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

Yeas 55; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Davenport              Easterday
Edge                   Frye                   Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Huggins
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis

Printed Page 4764 . . . . . Tuesday, May 30, 2000

Martin                 McGee                  McKay
Meacham-Richardson     Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, D.C.
Smith, R.              Stuart                 Taylor
Tripp                  Trotter                Webb
Wilder                 Wilkins                Witherspoon
Young-Brickell

Total--55

Those who voted in the negative are:

Allen                  Bailey                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Clyburn                Cobb-Hunter
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Hayes                  Hosey                  Howard
Jennings               Kennedy                Kirsh
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith, F.              Smith, J.              Stille
Whatley                Whipper                Wilkes

Total--48

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


Printed Page 4765 . . . . . Tuesday, May 30, 2000

H. 3693--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\PT\AMEND\2162DW00), which was adopted:
Amend the bill, as and if amended, page [3693-3], beginning on line 12, by deleting /The telephone solicitor may require that the called party put his request to be removed from the in-house calling lists in written or electronic mail form and, in such cases, must provide the called party with the solicitor's address. Upon the solicitor's receipt of the called party's written or electronic mail request, the called party's name and telephone number must be deleted from the solicitor's in-house calling lists./
Amend the bill further, as and if amended, by striking SECTIONS 2 and 3 in their entirety.
Renumber sections to conform.
Amend title to conform.


Printed Page 4766 . . . . . Tuesday, May 30, 2000

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 4277--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Meacham-Richardson, Knotts, Seithel, Whipper, Ott and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.

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

H. 4349--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.

Rep. CATO explained the Senate Amendments.

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


Printed Page 4767 . . . . . Tuesday, May 30, 2000

S. 1062--ORDERED ENROLLED FOR RATIFICATION

The following Bill was taken up:

S. 1062 (Word version) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 84; Nays 15

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Battle                 Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Campsen                Carnell                Chellis
Clyburn                Dantzler               Delleney
Edge                   Emory                  Frye
Gamble                 Gilham                 Gourdine
Govan                  Harrell                Harris
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Keegan
Kelley                 Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
Meacham-Richardson     Miller                 Moody-Lawrence

Printed Page 4768 . . . . . Tuesday, May 30, 2000

Neal, J.H.             Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Riser                  Rodgers
Rutherford             Scott                  Seithel
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--84

Those who voted in the negative are:

Barrett                Cato                   Cooper
Cotty                  Easterday              Hamilton
Harrison               Haskins                Loftis
McMahand               Perry                  Rice
Robinson               Sheheen                Smith, F.

Total--15

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

MOTION PERIOD

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

Rep. HARRISON moved that the House recede until 2:45 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:45 p.m. the House resumed, Acting Speaker LEACH in the Chair.

POINT OF QUORUM

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

SPEAKER IN CHAIR


Printed Page 4769 . . . . . Tuesday, May 30, 2000

H. 4899--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8, Rep. ALTMAN having the floor:

H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.

Rep. CAMPSEN proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\AMEND\12174AC00), which was tabled:
Amend the bill, as and if amended, by adding a new Section to be appropriately numbered which shall read:
/SECTION _____.   (A)   An advisory referendum shall be held at the same time as the 2000 general election in Charleston County on the question of whether or not the qualified electors of the Charleston County School District favor removing the ninety mil cap on the annual tax levy that may be imposed for school operations and deconsolidating the Charleston County School District into seven separate, autonomous school districts. The advisory referendum for this purpose must be conducted by the Charleston County Election Commission at the same time as the 2000 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory


Printed Page 4770 . . . . . Tuesday, May 30, 2000

referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(B)   The question put before the qualified electors of the district at the 2000 advisory referendum shall read as follows:

"Shall the ninety mil cap on the tax levy that may be imposed for Charleston County School District operations be removed and constituent school districts be abolished and seven separate, autonomous school districts be established as follows with all the powers and duties previously exercised by the Charleston County School District and constituent school districts and removing the ninety mil cap on the annual tax levy that may be imposed for school operations:

(1)     East Cooper School District-formerly constituent School Districts No. 1 and No. 2;

(2)     James Island School District-formerly constituent School District No. 3;

(3)     North Charleston School District-formerly constituent School District No. 4;

(4)     Johns Island School District-formerly constituent School District No. 9;

(5)     St. Andrews School District-formerly constituent School District No. 10;

(6)     Charleston City School District-formerly constituent School District No. 20; and

(7)     St. Paul's School District-formerly constituent School District No. 23?

Yes   [ ]
No   [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No".

(C)   The results of the 2000 advisory referendum may be considered by the Charleston County Legislative Delegation and the General Assembly when determining whether or not to deconsolidate the Charleston County School District."/
Amend further, as and if amended, by adding at the end of the title:


Printed Page 4771 . . . . . Tuesday, May 30, 2000

/; AND TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE CHARLESTON COUNTY SCHOOL DISTRICT FAVOR REMOVING THE NINETY MIL CAP ON THE ANNUAL TAX LEVY THAT MAY BE IMPOSED FOR SCHOOL DISTRICT OPERATIONS AND DECONSOLIDATING THE CHARLESTON COUNTY SCHOOL DISTRICT INTO SEVEN SEPARATE, AUTONOMOUS SCHOOL DISTRICTS./
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN continued speaking.

Rep. SEITHEL moved to table the amendment.

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

Yeas 4; Nays 2

Those who voted in the affirmative are:

Breeland               Mack                   Seithel
Whatley

Total--4

Those who voted in the negative are:

Altman                 Campsen

Total--2

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\AMEND\2148DW00):
Amend the bill, as and if amended, page 2, immediately following line 21, by inserting the following paragraph:

/ Notwithstanding any other provision of this act, no funds collected under the millage cap provision shall be spent, directly or indirectly, by the Charleston County School District to teach any sex


Printed Page 4772 . . . . . Tuesday, May 30, 2000

education courses that do not stress abstinence only sex education as their primary purpose, text, and curriculum. /
Amend title to conform.

Rep. ALTMAN explained the amendment.

Further proceedings were interrupted by expiration of time on the local contested Calendar, the pending question being consideration of Amendment No. 9, Rep. ALTMAN having the floor.

S. 544--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

S. 544 (Word version) -- Senators Hayes, J. V. Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\21429SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-1-286(F)(2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:

"(F)(2)   one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating


Printed Page 4773 . . . . . Tuesday, May 30, 2000

Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
SECTION   2.   Section 56-1-286(G)(2) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:

"(G)(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, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
SECTION   3.   Section 56-1-286 (H) through (U) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:

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

(I) A test may not be administered or samples taken unless 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;


Printed Page 4774 . . . . . Tuesday, May 30, 2000

(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)(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within 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)(K) 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:


Printed Page 4775 . . . . . Tuesday, May 30, 2000

(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)(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(L)(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).

(M)(N) 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)(O) An administrative hearing must be held within ten thirty 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. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing within thirty days, the person shall have his driver's


Printed Page 4776 . . . . . Tuesday, May 30, 2000

license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully arrested or detained;

(2) was advised in writing of the rights enumerated in 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;

(c) test administered and samples taken were conducted pursuant to this section and division procedures; and

(d) the machine was operating properly.

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

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

(O)(P) 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.

(P)(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.

(Q)(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.

(R)(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


Printed Page 4777 . . . . . Tuesday, May 30, 2000

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

(T)(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.

(U)(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten one-hundredths of one percent."
SECTION   4.   Section 56-1-460 of the 1976 Code is amended to read:

"Section 56-1-460.   (A)(1)   Except as provided in subsection (A)(2), A a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

(a)   for a first offense, be fined two hundred dollars or imprisoned for thirty days; for the first violation,

(b)   for the a second violation offense, fined five hundred dollars and imprisoned for sixty consecutive days,; and

(c)   for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this item must be tried exclusively in magistrate's court.

(2)   A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

(a)   for a first offense, imprisoned for not less than ten nor more than thirty days;

(b)   for a second offense, imprisoned for not less than sixty days nor more than six months;

(c)   for a third and subsequent offense, not less than six months nor more than three years.


Printed Page 4778 . . . . . Tuesday, May 30, 2000

No portion of the minimum sentence imposed under this item may be suspended.

(B)   The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:

(1)   for a first offense, imprisoned for not less than ten nor more than thirty days;

(2)   for a second offense, imprisoned for not less than sixty days nor more than six months;

(3)   for a third and subsequent offense, not less than six months nor more than three years."
SECTION   5.   Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-5-2930.     It is unlawful for a person to drive a motor vehicle within this State while under the:

(1)   under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;

(2)   under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or


Printed Page 4779 . . . . . Tuesday, May 30, 2000

(3)   under the combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired."
SECTION   6.   Chapter 5, Title 56 of the 1976 Code is amended by adding:

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

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

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

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

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

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

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

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

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

(d)   machine was working properly.

Nothing contained in this section prohibits the introduction of:

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

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

(a)   evidence of field sobriety tests;


Printed Page 4780 . . . . . Tuesday, May 30, 2000

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

(c)   evidence of the person's driving;

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

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

At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence."
SECTION   7. The 1976 Code is amended by adding:

"Section 56-5-2934.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses or documents including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices."
SECTION   8.   The 1976 Code is amended by adding:

"Section 56-5-2935.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and the right to be fully heard in his defense by himself or by his counsel or by both."
SECTION   9.   Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is amended to read:

"Section 56-5-2940.   A person violating who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of


Printed Page 4781 . . . . . Tuesday, May 30, 2000

guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:

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

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

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

(4)(a)   Imprisonment by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.

No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or


Printed Page 4782 . . . . . Tuesday, May 30, 2000

narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses violations within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION   10.   The 1976 Code is amended by adding:

"Section 56-5-2941.   In addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court may require such person, whether or not he is a first or subsequent offender and if he is a resident of this State, to have installed on the vehicle he was operating if it is registered and licensed in his name or in the name of a member of his immediate family an ignition interlock device designed to prevent the operation of the motor vehicle if the operator has consumed alcoholic beverages. The court in imposing the requirements of this section shall specify the length of time which the interlock device is required to be affixed to the vehicle, shall provide that the cost of the interlock device must be borne by the offender, and shall require the offender to periodically report to appropriate law enforcement or probation authorities for the purpose of verifying that the interlock device is affixed to the vehicle and operational during the time required by the court. SLED shall develop regulations including, but not limited to, regulations governing the use, maintenance, and operation of ignition interlock devices.

If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945."
SECTION   11.   Subsections (a) and (b) of Section 56-5-2950 of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:

"(a) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person


Printed Page 4783 . . . . . Tuesday, May 30, 2000

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

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

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

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

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


Printed Page 4784 . . . . . Tuesday, May 30, 2000

(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.

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

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

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

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

A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed


Printed Page 4785 . . . . . Tuesday, May 30, 2000

in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

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

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

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

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

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

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION   12.   Section 56-5-2951(A) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(A)   The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945."
SECTION   13.   Section 56-5-2951(D) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:


Printed Page 4786 . . . . . Tuesday, May 30, 2000

"(D)   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 subsection (H), or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and

(2)   request an administrative hearing.

At the administrative hearing if:

(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);

(b)   the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945."
SECTION   14.   Section 56-5-2951(H) of the 1976 Code, as last amended by Act 115 of 1999, is amended to read:

"(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent


Printed Page 4787 . . . . . Tuesday, May 30, 2000

hearing within thirty days, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1) was lawfully arrested or detained;

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

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

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

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

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

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

(d) the machine was working properly.

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

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing."
SECTION   15.   Section 56-5-2951(K)(1) and (2) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

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

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


Printed Page 4788 . . . . . Tuesday, May 30, 2000

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

(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more."
SECTION   16.   Section 56-5-2951(P) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(P)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation."
SECTION   17.   Section 56-5-2953(A) and (B) of the 1976 Code, as added by Act 434 of 1998, are further amended to read:

"(A) A person who violates Section 56-5-2930, 56-5-2933, 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, Section 56-5-2933, or a probable cause determination that the person violated Section 56-5-2945; and

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

(2)   The videotaping at the breath site:

(a)   must be completed within three hours of the person's arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 or a probable cause determination that the person violated Section


Printed Page 4789 . . . . . Tuesday, May 30, 2000

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, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should 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


Printed Page 4790 . . . . . Tuesday, May 30, 2000

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."
SECTION   18.   Section 56-5-2970 of the 1976 Code is amended to read:

"Section 56-5-2970.   All clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violation of Section 56-5-2930, 56-5-2933, or for convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violations of any other laws or ordinances of this State that prohibit any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics are required to report to the motor vehicle division of the Department department every such conviction, plea of guilty or of nolo contendere or bail forfeiture within ten days after such conviction, entry of a plea of guilty or of nolo contendere or forfeiture or after the receipt of such report, as the case may be. Such reports shall be made upon forms to be provided by the Department department, arranged in duplicate, and the director of the motor vehicle division of the Department department shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.

Any person violating the provisions of this section shall be subject to a penalty of twenty-five dollars for each such failure, to be collected by the Attorney General or the solicitors of the State under the direction of the Attorney General and paid into the general funds fund of the State."
SECTION   19.   Section 56-5-2980 of the 1976 Code is amended to read:

"Section 56-5-2980.   In all trials and proceedings in any court of this State, in which the defendant is charged with a violation of Section 56-5-2920 or , 56-5-2930, or 56-5-2933 which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970, when such copies are duly certified by the director of the department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information


Printed Page 4791 . . . . . Tuesday, May 30, 2000

contained on such reports for the purpose of showing any previous conviction, of the defendant in any other court. Copies of the reports must be duly certified by the director of the department or his designee as true copies. But, the accused may stipulate with the solicitor If the defendant stipulates that the charge constitutes a second or further subsequent offense, in which event the indictment shall not contain allegations of prior offenses, nor shall and evidence of such prior offenses must not be introduced."
SECTION   20.   Section 56-5-2990(A) of the 1976 Code is amended to read:

"(A)   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 a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from 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 conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent 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."
SECTION   21.   Section 56-5-2990(F) of the 1976 Code is amended to read:

"(F)   Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of


Printed Page 4792 . . . . . Tuesday, May 30, 2000

intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
SECTION   22.   Section 56-5-2995 of the 1976 Code is amended to read:

"Section 56-5-2995.   (A)   In addition to the penalties imposed for a first offense violation of Section 56-5-2930 or 56-5-2933 in magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute the twelve dollar assessments in the manner provided in Section 14-1-201.

(B)   In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute these twelve-dollar assessments in the manner provided in Section 14-1-201."
SECTION   23.   In the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substance offenses changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to ten one-hundredths of one percent and instead, for this range, there is an inference that the person was under the influence of alcohol or other such substances.
SECTION   24.   If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 25.   Section 61-4-110 of the 1976 Code is amended to read:

"Section 61-4-110.   It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving motor vehicle of any kind which is licensed to travel in this state or any other state and that may travel while located upon the public highways or highway rights of way of


Printed Page 4793 . . . . . Tuesday, May 30, 2000

this state. this section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. a person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume."
SECTION 26.   Section 61-6-4020 of the 1976 Code is amended to read:

"Section 61-6-420.   A person who is twenty-one years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in the luggage compartment or cargo area. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

For purposes of this section, alcoholic liquors means all distilled spirits regardless of the percentage of alcohol by volume that they contain."
SECTION 27.   Title 56 of the 1976 Code is amended by adding an appropriately numbered section to read:

The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. The records required by this section are subject compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act.
SECTION 28.   Section 22-3-545(C) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:

"(C)   All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The Chief Judge for Administrative Purposes for the General Sessions Court shall retain administrative supervision of cases transferred pursuant to this section. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor and approval of the Chief


Printed Page 4794 . . . . . Tuesday, May 30, 2000

Judge for Aministrative Purposes for General Sessions Court shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases."
SECTION   29.   Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:

"(A)(1)   In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(2)   In addition to all other assessments and surcharges, a five dollar surcharge is imposed on all convictions for misdemeanor traffic offenses obtained in general sessions court and in magistrate's and municipal court in this State and, a two hundred dollar surcharge is imposed on all convictions pursuant to Section 56-5-2933, Driving with an Unlawful Alcohol Concentration. No portion of the surcharges imposed pursuant to this section may be waived, reduced, or suspended.

(B)   The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries,


Printed Page 4795 . . . . . Tuesday, May 30, 2000

equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.

All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."

SECTION   30.   Chapter 38, Title 44 of the 1976 Code is amended by adding:

"Article 5
Spinal Cord Injury Research Board

Section 44-38-510.   (A)   The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this state, and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.

(B)   The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or


Printed Page 4796 . . . . . Tuesday, May 30, 2000

faculty of the Medical University of South Carolina shall be appointed for a two year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three year term. All subsequent appointments shall be for four year terms.

(C)   At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four year terms shall not be reappointed for two years after completion of those terms.

(D)   A majority of the membership of the board shall constitute a quorum.

(E)   The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.

(F)   Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.

(G)   No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.

(H)   Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.

(I)   The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.

(J)   The board shall set forth guidelines and standards for allocation of these funds.


Printed Page 4797 . . . . . Tuesday, May 30, 2000

(K)   Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."
SECTION 31.     Sections 1-6 and 8-28 of this act shall not take effect until the Chief of the State Law Enforcement Division certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2). Section 7 of this act shall take effect and remain in implementation only upon annual appropriations of sufficient funding. Sections 29 and 30 take effect December 1, 2000, and apply to all misdemeanor traffic offense convictions obtained in general sessions court and in magistrates' and municipal court and to all convictions pursuant to Section 56-5-2933 obtained after that date.
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

Rep. FLEMING proposed the following Amendment No. 2 (Doc Name COUNCIL\SKB\AMEND\18473SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 6 and inserting:
/   SECTION   6.   Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2933.   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten one-hundredths of one percent or more as determined by chemical tests of the person's blood. A person may not be charged for a violation of this section based on chemical tests of his breath or other bodily fluids. A person who violates the provisions of this section is guilty of the offense of driving with an unlawful alcohol concentration. A person may be charged for a violation of this section if the collection of the person's blood was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop. This section shall not apply to cases arising out of a stop at a traffic road block or driver's license checkpoint. A person cannot be charged with both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is


Printed Page 4798 . . . . . Tuesday, May 30, 2000

entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:

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

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

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

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

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

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

(b)   individual who took blood samples was qualified pursuant to Section 56-5-2950; and

(c)   blood samples obtained were conducted pursuant to Section 56-5-2950 and pursuant to SLED policies.

Nothing contained in this section prohibits the introduction of:

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

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

(a)   evidence of field sobriety tests;

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

(c)   evidence of the person's driving;

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

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

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

Rep. COTTY explained the amendment.

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


Printed Page 4799 . . . . . Tuesday, May 30, 2000

Rep. FLEMING proposed the following Amendment No. 3 (Doc Name COUNCIL\SKB\AMEND\18474SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 31 and inserting:
/   SECTION 31.   (A)   A Commission on Breath Alcohol Testing and Software Analysis is created to select an independent facility with expertise in breath alcohol testing and software analysis to test the BAC Datamaster used in South Carolina to determine its accuracy and precision and issue a report on its findings. The commission shall be allowed to choose a BAC Datamaster in the field, at random, and SLED must immediately submit the BAC Datamaster to the independent facility for testing as directed by the commission without making any changes or calibrations to the machine chosen at random.

(B)     The commission shall be composed of seven members to include:

(1)     three members of the defense bar, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee, and one to be jointly appointed by both Chairmen;

(2)     three solicitors, one to be appointed by the Chairman of the Senate Judiciary Committee, one to be appointed by the Chairman of the House Judiciary Committee, and one to be jointly appointed by both Chairmen; and

(3)     one independent member to be jointly appointed by both Chairmen." /
Amend the bill further by adding SECTION 32 to read:
/ "   SECTION 32.     Sections 1-6 and 8-28 of this act shall not take effect until the Chief of the State Law Enforcement Division certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2) and the independent testing of the BAC Datamaster has been completed and a report issued pursuant to Section 31. Section 7 of this act shall take effect and remain in implementation only upon annual appropriations of sufficient funding. Sections 29 and 30 take effect December 1, 2000, and apply to all misdemeanor traffic offense convictions obtained in general sessions court and in magistrates' and municipal court and to all convictions pursuant to Section 56-5-2933 obtained after that date. Section 31 takes effect upon approval by the Governor." /


Printed Page 4800 . . . . . Tuesday, May 30, 2000

Renumber sections to conform.
Amend title to conform.

Rep. COTTY explained the amendment.

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

Rep. DAVENPORT proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22690CM00), which was adopted:
Amend the bill, as and if amended, Section 56-5-2940(4)(a), as contained in SECTION 9, by deleting lines 14 through 22 on page [544-10] and inserting:

/ "No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary." /
Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. COTTY spoke against the amendment.

Rep. COTTY moved to table the amendment, which was rejected by a division vote of 16 to 35.

The question then recurred to the adoption of the amendment.

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

Yeas 77; Nays 16

Those who voted in the affirmative are:

Allison                Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Brown, H.              Brown, J.
Canty                  Carnell                Cato
Chellis                Clyburn                Cooper

Printed Page 4801 . . . . . Tuesday, May 30, 2000

Dantzler               Davenport              Delleney
Edge                   Emory                  Frye
Gamble                 Gilham                 Gourdine
Govan                  Harrell                Hayes
Hines, J.              Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, W.
Meacham-Richardson     Miller                 Neal, J.H.
Neilson                Ott                    Perry
Phillips               Rice                   Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.C.            Smith, F.
Smith, R.              Stille                 Taylor
Townsend               Tripp                  Walker
Whatley                Wilder                 Wilkins
Witherspoon            Young-Brickell

Total--77

Those who voted in the negative are:

Altman                 Brown, G.              Cobb-Hunter
Cotty                  Harrison               Hawkins
Hosey                  Lloyd                  Mack
McLeod, M.             Parks                  Quinn
Rutherford             Smith, J.              Stuart
Webb

Total--16

So, the amendment was adopted.

Reps. F. SMITH and KNOTTS proposed the following Amendment No. 5 (Doc Name SKB\AMEND\18492SOM00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 4802 . . . . . Tuesday, May 30, 2000

/   SECTION   1.   Sections 56-1-286(a), (G), (H), (I) and (N) of the 1976 Code, as added by Act 434 of 1998, are amended to read:

"(A)   In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the 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 a measurable amount of alcohol in his body. 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.

(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 a measurable amount of alcohol in his body, 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 a measurable amount of alcohol in his body;

(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


Printed Page 4803 . . . . . Tuesday, May 30, 2000

(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 a measurable amount of alcohol in his body. 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 a measurable amount of alcohol in his body 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.

(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 measurable;

(b)   individual who administered the test or took samples was qualified pursuant to this section;

(c)   test administered and samples taken were conducted pursuant to this section and division procedures; and

(d)   the machine was operating properly.


Printed Page 4804 . . . . . Tuesday, May 30, 2000

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

A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing."
SECTION   2.   Section 56-1-2110(A)(2) of the 1976 Code is amended to read:

"(2)   driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more having a measurable amount of alcohol in his body";
SECTION   3.   Section 56-1-2120(C) of the 1976 Code is amended to read:

"(C)   A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more a measurable amount of alcohol in his body must be disqualified from driving a commercial motor vehicle under Section 56-1-2110."
SECTION   4.   Section 56-1-2130(D) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(D)   If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more a measurable amount of alcohol in his body, the law enforcement officer shall submit a report to the department certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an a measurable alcohol concentration level of four one-hundredths of one percent or more."
SECTION   5.   Section 56-5-2950(a)(2) and (b) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

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

(b)   In the criminal prosecution for a violation of Section 56-5-2930 or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol


Printed Page 4805 . . . . . Tuesday, May 30, 2000

concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:

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

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

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

The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION   6.   Section 56-5-2951(A), (B), (H), and (K) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

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

(B)   If the test registers an alcohol concentration of ten one-hundredths of one percent or more a measurable amount of alcohol, 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.

(H)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent


Printed Page 4806 . . . . . Tuesday, May 30, 2000

hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1)     was lawfully arrested or detained;

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

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

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

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

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

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

(d)   the machine was working properly.

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

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

(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 a measurable alcohol concentration of fifteen one-hundredths of one percent or more.


Printed Page 4807 . . . . . Tuesday, May 30, 2000

(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 a measurable alcohol concentration of fifteen one-hundredths of one percent or more."
SECTION   7.   This act takes effect July 1, 2000, and applies on and after that date to all motorists detained and tested by law enforcement officers who have probable cause to believe a motor vehicle is being driven by a person who has consumed alcoholic beverages. /
Renumber sections to conform.
Amend title to conform.

Rep. F. SMITH explained the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. KNOTTS spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KNOTTS continued speaking.
Rep. KNOTTS spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 57; Nays 44

Those who voted in the affirmative are:

Bales                  Barfield               Barrett
Bowers                 Brown, H.              Canty
Carnell                Cato                   Chellis
Cotty                  Edge                   Gilham
Govan                  Hamilton               Harrell

Printed Page 4808 . . . . . Tuesday, May 30, 2000

Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Kelley                 Klauber                Koon
Law                    Leach                  Limehouse
Loftis                 Lourie                 Lucas
McCraw                 McGee                  McLeod, W.
Meacham-Richardson     Neal, J.H.             Ott
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, D.
Smith, D.C.            Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Trotter                Webb                   Wilder
Wilkins                Witherspoon            Young-Brickell

Total--57

Those who voted in the negative are:

Allen                  Allison                Altman
Bailey                 Battle                 Breeland
Brown, G.              Brown, J.              Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Frye                   Gamble
Gourdine               Hayes                  Hines, J.
Hosey                  Jennings               Kennedy
Kirsh                  Knotts                 Lanford
Littlejohn             Lloyd                  Mack
McKay                  McMahand               Miller
Neal, J.M.             Neilson                Parks
Perry                  Phillips               Pinckney
Rutherford             Scott                  Sharpe
Sheheen                Smith, F.              Tripp
Whatley                Whipper

Total--44

So, the amendment was tabled.


Printed Page 4809 . . . . . Tuesday, May 30, 2000

Rep. F. SMITH proposed the following Amendment No. 8 (Doc Name COUNCIL\SKB\AMEND\18497SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 16, page [544-17], lines 6-14, and inserting:
/   SECTION 16.   Section 56-5-2951(P) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:

"(P)   An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 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." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. F. SMITH explained the amendment.

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

Rep. F. SMITH proposed the following Amendment No. 9 (Doc Name COUNCIL\SKB\AMEND\18498SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 8, page [544-9], lines 14-24, and inserting:

/ SECTION   8.   The 1976 Code is amended by adding:

"Section 56-5-2935.     A.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and the right to be fully heard in his defense by himself or by his counsel or by both.

B.   The court must exclude evidence relating to the testing of a person's breath when the person shows by a preponderance of the evidence that the breath test administrator engaged in any fraudulent conduct relating to the testing or that the breath test administrator was at least partially biased against the person tested."/


Printed Page 4810 . . . . . Tuesday, May 30, 2000

Renumber sections to conform.
Amend title to conform.

Rep. F. SMITH explained the amendment.

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

Rep. F. SMITH proposed the following Amendment No. 13 (Doc Name COUNCIL\SKB\AMEND\18503SOM00), which was tabled:
Amend the bill, as and if amended, in Section 56-5-2935 as contained in SECTION 8, page [544-9], line 20 by striking /speedy and public trial / and inserting:

/   public trial within sixty days of the incident /
Renumber sections to conform.
Amend title to conform.

Rep. F. SMITH explained the amendment.

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

Rep. RUTHERFORD proposed the following Amendment No. 22 (Doc Name SKB\AMEND\18511SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 31, and inserting:

/   SECTION   31.   Sections 1-6 and 8-28 of this act shall not take effect until the Chief of the State Law Enforcement Division certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that:

(1)     all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2); and

(2)     a report has been issued to the General Assembly and public that the Datamaster breath testing device has been submitted to an appropriately qualified expert in evidentiary breath testing who has never been employed nor acted as a consultant for the manufacture of the breath testing device in use, and that the expert certifies the device's software and mechanical component's operate correctly.

Section 7 of this act shall take effect and remain in implementation only upon annual appropriations of sufficient funding.

Sections 29 and 30 take effect December 1, 2000, and apply to all misdemeanor traffic offense convictions obtained in general sessions


Printed Page 4811 . . . . . Tuesday, May 30, 2000

court and in magistrates' and municipal court and to all convictions pursuant to Section 56-5-2933 obtained after that date.
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

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

Rep. RUTHERFORD proposed the following Amendment No. 23 (Doc Name SKB\AMEND\18512SOM00), which was adopted:
Amend the bill, as and if amended, in Section 56-5-2951(D) as contained in SECTION 13, page [544-14], line 32 by striking /ten / and inserting / ten thirty /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 42; Nays 51

Those who voted in the affirmative are:

Allison                Barfield               Brown, H.
Cato                   Chellis                Cotty
Davenport              Edge                   Frye
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Klauber                Koon                   Law
Leach                  Limehouse              Loftis
McCraw                 Meacham-Richardson     Rice
Riser                  Rodgers                Sandifer
Seithel                Simrill                Smith, D.C.
Smith, R.              Stille                 Stuart

Printed Page 4812 . . . . . Tuesday, May 30, 2000

Taylor                 Trotter                Webb
Wilkins                Witherspoon            Young-Brickell

Total--42

Those who voted in the negative are:

Allen                  Altman                 Bailey
Bales                  Barrett                Battle
Bowers                 Canty                  Carnell
Clyburn                Cobb-Hunter            Delleney
Emory                  Gourdine               Govan
Hayes                  Hines, J.              Hosey
Jennings               Kirsh                  Knotts
Lanford                Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Maddox                 McGee                  McLeod, M.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Parks                  Perry                  Phillips
Pinckney               Robinson               Rutherford
Scott                  Sheheen                Smith, D.
Smith, F.              Smith, J.              Whatley
Whipper                Wilder                 Wilkes

Total--51

So, the House refused to table the amendment.

Rep. COTTY spoke against the amendment.

SPEAKER IN CHAIR

Rep. J. SMITH spoke in favor of the amendment.

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

Reps. KNOTTS and F. SMITH proposed the following Amendment No. 26 (Doc Name GJK\AMEND\21461SD00), which was adopted:
Amend the bill, as and if amended, in Section 56-5-2934 of the 1976 Code as contained in SECTION 7, by adding at the end:


Printed Page 4813 . . . . . Tuesday, May 30, 2000

/   In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to the notice requirements of Section 56-1-286, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements of Section 56-1-286 and receipt of the hearing form if such a hearing or hearings are desired. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. F. SMITH spoke against the Bill.
Rep. RUTHERFORD spoke against the Bill.
Rep. KNOTTS spoke in favor of the Bill.
Rep. HAWKINS spoke in favor of the Bill.
Rep. STILLE spoke in favor of the Bill.

Rep. SHARPE proposed the following Amendment No. 27 (Doc Name GJK\AMEND\21463SD00), which was adopted:
Amend the bill, as and if amended, in Section 56-5-2934 of the 1976 Code as contained in SECTION 7, by striking /or/ on line 5, page 544-9 and by inserting /and/or/;
Amend further, as and if amended, in Section 56-5-2935 of the 1976 Code, SECTION 8, by inserting after /witnesses/ on line 23, page 544-9 /and/or documents/
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 105; Nays 1


Printed Page 4814 . . . . . Tuesday, May 30, 2000

Those who voted in the affirmative are:
Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Campsen                Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Easterday              Edge                   Emory
Frye                   Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hawkins
Hayes                  Hines, J.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, D.C.
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Young-Brickell

Total--105


Printed Page 4815 . . . . . Tuesday, May 30, 2000

Those who voted in the negative are:
Rutherford

Total--1

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

RECORD FOR VOTING

We would have voted in favor of S. 544. We were in a Conference Committee meeting at the time of the vote.
Rep. Gilham
Rep. Walker
Rep. Townsend

RECURRENCE TO THE MORNING HOUR

Rep. LOFTIS moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 916:

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. V. Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.


Printed Page 4816 . . . . . Tuesday, May 30, 2000

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 958:

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO


Printed Page 4817 . . . . . Tuesday, May 30, 2000

INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1169:

S. 1169 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE GUIDELINES, AND ADDITIONAL LICENSURE REQUIREMENTS, TO FURTHER PROVIDE FOR THE REGULATION OF PHYSICIAN ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.


Printed Page 4818 . . . . . Tuesday, May 30, 2000

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 30, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.

Very respectfully,
President
Received as information.


Printed Page 4819 . . . . . Tuesday, May 30, 2000

CONCURRENT RESOLUTION

The following was introduced:

H. 5150 (Word version) -- Reps. W. McLeod, Wilder and Stille: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION AND EXTENDING BEST WISHES TO DR. THOMAS M. FAULKENBERRY, SUPERINTENDENT OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, FOR HIS DEDICATED AND DISTINGUISHED LEADERSHIP OF THE DISTRICT.

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

HOUSE RESOLUTION

The following was introduced:

H. 5151 (Word version) -- Reps. Perry, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE GASTRONOMICAL APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO NANCY BROWNER WILKES, WIFE OF OUR ESTEEMED COLLEAGUE, REPRESENTATIVE TIMOTHY C. WILKES, FOR THE DELICIOUS HOMEMADE COOKIES SHE HAS PROVIDED TO THE MEMBERS OF THE HOUSE DURING THE 2000 SESSION OF THE GENERAL ASSEMBLY.


Printed Page 4820 . . . . . Tuesday, May 30, 2000

Whereas, it has been with great anticipation each Wednesday morning during the 2000 Session of the General Assembly that the members of the House of Representatives have flocked to the table in the Joint Conference Room nearest the House Chamber; and

Whereas, the gastronomical treat awaiting them was the homemade cookies prepared by Nancy Browner Wilkes, wife of our esteemed colleague, Representative Timothy C. Wilkes; and

Whereas, these highly sought after and prized morsels helped soften and mollify much of the debate during this legislative session; and

Whereas, all members and staff who partook of these delicious treats truly appreciate the time and talent it took to provide these cookies; and

Whereas, the members of the House of Representatives and staff are extremely appreciative of Nancy's thoughtfulness and generosity. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina House of Representatives, by this resolution, express their gastronomical appreciation to Nancy Browner Wilkes, wife of our esteemed colleague, Representative Timothy C. Wilkes for the delicious homemade cookies she has provided to the members of the House during the 2000 Session of the General Assembly.

Be it further resolved that a copy of this resolution be presented to Nancy Browner Wilkes.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5152 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM T. (TOMMY) GIBBS III OF AIKEN COUNTY ON THE OCCASION OF BEING RECOGNIZED AND PRESENTED THE "YOUNG AMERICAN MEDAL FOR


Printed Page 4821 . . . . . Tuesday, May 30, 2000

BRAVERY" AWARD BY THE UNITED STATES JUSTICE DEPARTMENT IN WASHINGTON, D.C. ON APRIL 27, 2000, FOR HIS HEROIC RESCUE FIFTY-TWO YEARS AGO.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5153 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. GWENDOLYN WASHINGTON-RICHARDSON OF RICHLAND COUNTY ON THE OCCASION OF HER RETIREMENT FROM HAND MIDDLE SCHOOL.

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


Printed Page 4822 . . . . . Tuesday, May 30, 2000

INTRODUCTION OF BILLS

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

H. 5154 (Word version) -- Reps. Wilkes, M. McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515, SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER'S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, A SHAREHOLDER OF A SUBCHAPTER "S" CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
Referred to Committee on Ways and Means

H. 5155 (Word version) -- Rep. Barfield: A BILL TO AMEND CHAPTER 23, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCESS OF CRIMINAL TRIALS, SO AS TO ADD SECTION 17-23-85 AND PROVIDE A JUDGE WITH THE POWER TO SUSPEND THE IMPOSITION OF A SENTENCE, FOR A SPECIFIC PERIOD, WITH OR WITHOUT CONDITIONS, AND TO CALL THIS SUSPENSION OF A SENTENCE, "PRAYER FOR JUDGEMENT CONTINUED", AND TO PROVIDE THAT PRAYER FOR JUDGMENT CONTINUED WITHOUT CONDITIONS DOES NOT CONSTITUTE A JUDGMENT OR A CONVICTION AND IS NOT A PRIOR CONVICTION FOR PURPOSES OF SENTENCING.
Referred to Committee on Judiciary

S. 1198 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-415 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO BE RESPONSIBLE FOR FUNDING EACH COUNTY SHERIFF'S SITE PREPARATION AND MAINTENANCE COSTS AS PART OF A STATEWIDE COMPUTERIZED SEX OFFENDER REGISTRY NETWORK.
Referred to Committee on Judiciary

S. 1374 (Word version) -- Senator Moore: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION


Printed Page 4823 . . . . . Tuesday, May 30, 2000

DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1386 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING SATISFACTION, SO AS TO INCLUDE CERTAIN FULL-TIME JUDGES IN THE DEFINITION OF LICENSED ATTORNEY.
Referred to Committee on Judiciary

H. 3692--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.

Rep. HARRISON proposed the following Amendment No. 1A (Doc Name COUNCIL\SKB\AMEND\18516SOM00), which was adopted:
Amend the bill, as and if amended, by striking in their entirety the three SECTIONS of the bill containing "The South Carolina Business Debt Recovery Act" (Sections 15-42-10 through 15-42-90); and Section 37-5-104; and Section 15-39-410.


Printed Page 4824 . . . . . Tuesday, May 30, 2000

Renumber sections to conform.
Amend title to conform.

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

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

H. 5088--DEBATE ADJOURNED

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

H. 5088 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2457, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5074 (Word version) -- Reps. Klauber, Carnell and Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF U.S. HIGHWAY 72 FROM ITS INTERSECTION WITH HIGHWAY 702 TO COTHRAN'S BRIDGE AT THE GREENWOOD COUNTY LINE AS THE "HAROLD LUMLEY, SR. HIGHWAY" IN MEMORY OF AN OUTSTANDING AGRICULTURIST AND LEADER IN THE FARMING COMMUNITY, AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

H. 5128 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE


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BEARCATS GIRLS SOFTBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.

H. 5129 (Word version) -- Reps. Riser, Gamble and Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE BEARCATS BOYS BASEBALL TEAM FOR WINNING THE 2000 CLASS AAA STATE BASEBALL CHAMPIONSHIP.

H. 5130 (Word version) -- Reps. Riser, Koon, Knotts and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON GIRLS SOFTBALL TEAM FOR WINNING THE CLASS AAAA GIRLS STATE SOFTBALL CHAMPIONSHIP.

H. 5132 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JERRY LEE MULLIKIN OF PENDLETON, ON THE OCCASION OF HIS RETIREMENT FROM AN EXEMPLARY CAREER IN LAW ENFORCEMENT AS CAPTAIN OF THE PATROL DIVISION OF THE CLEMSON UNIVERSITY POLICE AND WISHING HIM WELL IN ALL HIS FUTURE ENDEAVORS.

H. 5134 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING DEACON AMOS GILLIAM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF THE FLAT ROCK COMMUNITY IN GREENVILLE COUNTY, FLAT ROCK BAPTIST CHURCH, AND HIS COUNTRY.

H. 5136 (Word version) -- Reps. Emory and J. M. Neal: A CONCURRENT RESOLUTION OFFERING THE SINCEREST GRATITUDE OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MRS. FRANKIE G. PHILLIPS OF LANCASTER COUNTY FOR HER THIRTY-THREE YEARS OF CONSCIENTIOUS SERVICE TO THE STATE AND ITS MOST DELICATE CITIZENRY AS SHE RETIRES FROM THE LANCASTER COUNTY DEPARTMENT OF SOCIAL SERVICES.

H. 5137 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO LIONS CLUBS INTERNATIONAL FOR THEIR OUTSTANDING HUMANITARIAN SERVICE TO


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MANKIND OVER MANY YEARS, TO THE LIONS CLUBS INTERNATIONAL FOUNDATION FOR THEIR GENEROSITY IN APPROVING A TWO HUNDRED THOUSAND DOLLAR CORE 4 GRANT TO EXPAND THE LIONS-QUEST PROGRAM AND CHARACTER EDUCATION IN MULTIPLE DISTRICT 32, WHICH IS COMPRISED OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND TO PUBLICLY RECOGNIZE THE HONORABLE JAMES E. "JIM" ERVIN, OF ALBANY, GEORGIA, PRESIDENT, LIONS CLUBS INTERNATIONAL, AND CONGRATULATE THIS OUTSTANDING INDIVIDUAL FOR HIS EXEMPLARY SERVICE AS A FULL-TIME LION AND AS PRESIDENT OF LIONS CLUBS INTERNATIONAL ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE.

ADJOURNMENT

At 5:00 p.m. the House, in accordance with the motion of Rep. RICE, adjourned in memory of J. B. "Red" Owens of Easley, to meet at 10:00 a.m. tomorrow.

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