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


Printed Page 1312 . . . . . Wednesday, March 5, 2003

Wednesday, March 5, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 32:38: "I will instruct you and teach you the way you should go; I will counsel you with My eye upon you."
Let us pray. Lord, guide us to be servants to do the work You have called us here to do for the good of this State. Sharpen our minds and open our hearts to seek You in the events of this day. Support this body to be leaders in the midst of trying times. Hear our prayer Mighty God. Amen.

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

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

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Roland Windham, Sr. of Aiken, which was agreed to.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of Prevent Child Abuse South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be


Printed Page 1313 . . . . . Wednesday, March 5, 2003

held in Room 221 of the Blatt Building on Wednesday, April 2, 2003, from 8:00 a.m. until 10:00 a.m.
Sincerely,
Margaret M. Brantley
Director of Public Information

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the National Guard Association of South Carolina the Members of the House of Representatives are invited to a luncheon. This event will be held on the State House Grounds on Wednesday, April 2, 2003, upon adjournment until 2:30 p.m.
Sincerely,
Lieutenant Colonel Peter J. Brooks
President
National Guard Association of S.C.

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Home Builders Association of South Carolina the Members of the House of Representatives are invited to a Bird Supper. This event will be held at Seawell's Restaurant on Wednesday, April 2, 2003, beginning at 6:30 p.m.
Sincerely,
John C. Cone
Executive Director

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee


Printed Page 1314 . . . . . Wednesday, March 5, 2003

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the YMCA's of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, April 3, 2003, from 8:30 a.m. until 10:00 a.m.
Sincerely,
Bethany Y. Cobb
Director of Public Relations

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Citadel Alumni Association the Members of the House of Representatives are invited to a reception. This event will be held in the Cantey Building at the State Fairgrounds on Tuesday, April 8, 2003, beginning at 6:30 p.m.
Sincerely,
Michael F. Rogers
Executive Director

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Transportation Policy and Research Council the Members of the House of Representatives are invited to a


Printed Page 1315 . . . . . Wednesday, March 5, 2003

luncheon. This event will be held at the Summit Club on Wednesday, April 9, 2003, beginning at 12:00 noon or upon adjournment until 1:30 p.m.
Sincerely,
Norma U. Hamer
Executive Director

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Clemson University Public Service Activities the Members of the House of Representatives are invited to a reception. This event will be held at the South Carolina State Museum on Wednesday, April 9, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Louise H. Newell
Administrative Coordinator

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Chapter of the American Institute of Architects, the Members of the House of Representatives are invited to a reception. This event will be held at the Columbia Museum of Art on Tuesday, April 29, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Tracey B. Waltz
Executive Director

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee


Printed Page 1316 . . . . . Wednesday, March 5, 2003

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina State Firemen's Association, the Members of the House of Representatives are invited to a luncheon. This event will be held on the State House Grounds on Tuesday, April 22, 2003, upon adjournment.
Sincerely,
Chief Norman L. Knight, Jr.
President

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Chapters of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 208 of the Blatt Building on Wednesday, April 30, 2003, from 8:00 a.m. until 10:00 a.m.

Sincerely,
Sheila McMillan
SC AKA Connection Co-Chair

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Clemson University Public Service Activities the Members of the House of Representatives are invited to a Catfish Dinner. This event will be held in the Atrium of the South Carolina


Printed Page 1317 . . . . . Wednesday, March 5, 2003

State Museum on Wednesday, April 14, 2003, from 6:00 p.m. until 8:30 p.m.
Sincerely,
Louise H. Newell
Administrative Coordinator

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 2823
Agency: Department of Insurance
Statutory Authority: 1976 Code Section 38-79-430
South Carolina Patients' Compensation Fund
Received by Speaker of the House of Representatives
March 5, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 3, 2003 (Subject to Sine Die Revision)

Document No. 2821
Agency: Department of Public Safety
Statutory Authority: 1976 Code Sections 23-6-20 and 23-6-400 et seq.
Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Speaker of the House of Representatives
March 5, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 3, 2003 (Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 4, 2003
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. 167:

S. 167 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON CERTAIN SHARKS;


Printed Page 1318 . . . . . Wednesday, March 5, 2003

AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO MAKE TECHNICAL CHANGES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 26, 2003
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT
Clarendon County Master-in-Equity
Term Commencing: June 30, 1998
Term Expiring: June 30, 2004
Seat: At-Large
Vice: Ralph F. Cothran (deceased)

Initial Appointment
Mr. William C. Coffey, Jr.
8 South Brooks Street
Manning, South Carolina 29102
803-435-8847

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.


Printed Page 1319 . . . . . Wednesday, March 5, 2003

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3616 (Word version) -- Reps. Cato, Wilkins, Chellis and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37 RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT; TO DEFINE THE SUBJECT LOANS; TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR APPLICATION OF SOUTH CAROLINA LAW TO HIGH-COST HOME LOAN AGREEMENTS; TO REQUIRE A HIGH-COST HOME LOAN LENDER TO PROVIDE ADDITIONAL DISCLOSURES TO THE BORROWER AND TO ENSURE THAT THE BORROWER IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS; TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN; TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN; TO PROVIDE THAT A BAD-FAITH VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE SUBJECT TO CHAPTER 5 OF TITLE 39; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE LOAN; TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER; TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING THE PROHIBITION OF "FLIPPING" A LOAN AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN; TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME


Printed Page 1320 . . . . . Wednesday, March 5, 2003

LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, DIRECTOR OF THE CONSUMER FINANCE DIVISION OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, OR A PARTY TO THE CONSUMER HOME LOAN; TO PROVIDE FOR PENALTIES AND REMEDIES, INCLUDING ATTORNEY'S FEES; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT OF MISCELLANEOUS LOANS, SO AS TO PROVIDE FOR PREPAYMENT WITHOUT PENALTY OF A CONSUMER HOME LOAN OF LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS; AND TO AMEND SECTION 37-1-109, AS AMENDED, RELATING TO CHANGING DOLLAR AMOUNTS USED IN THE CONSUMER PROTECTION CODE, SO AS TO REFLECT THE DOLLAR AMOUNT FOR PREPAYMENT OF A CONSUMER HOME LOAN WITHOUT PENALTY.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3555 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-31 AND 5-7-31 SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT ANY ORDINANCE THAT SUPERSEDES OR IMPOSES A MORE STRINGENT STANDARD THAN THE STANDARDS ESTABLISHED BY ACT 460 OF 1996.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3128 (Word version) -- Reps. Lourie, J. Brown, Clark, Cotty and J. H. Neal: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW


Printed Page 1321 . . . . . Wednesday, March 5, 2003

ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3050 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2003 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

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

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a report recommending that the Joint Resolution be referred to the Anderson Delegation :

H. 3607 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN SCHOOL DISTRICT 1 OF ANDERSON COUNTY WHEN THE SCHOOL WAS CLOSED DUE


Printed Page 1322 . . . . . Wednesday, March 5, 2003

TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

CONCURRENT RESOLUTION

The following was introduced:

H. 3728 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.

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

INTRODUCTION OF BILLS

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

H. 3729 (Word version) -- Rep. Snow: A BILL TO AMEND SECTION 27-32-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES WHICH MAY BE CHARGED FOR THE RESALE OF OWNERSHIP INTERESTS IN VACATION TIMESHARING UNITS, SO AS TO FURTHER PROVIDE FOR THESE FEES WHICH MAY BE CHARGED.
Referred to Committee on Labor, Commerce and Industry

S. 143 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, AND USE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OPERATING A MOTOR VEHICLE


Printed Page 1323 . . . . . Wednesday, March 5, 2003

TO KNOWINGLY AND WILFULLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING HIS IDENTITY.
Referred to Committee on Judiciary

ROLL CALL

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gourdine               Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Keegan                 Kennedy
Kirsh                  Koon                   Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scarborough
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker

Printed Page 1324 . . . . . Wednesday, March 5, 2003

Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 5.

Michael Thompson                  Robert Leach
JoAnne Gilham                     John Scott
Glenn Hamilton                    Fletcher Smith
Jerry Govan                       Richard Quinn
Todd Rutherford                   Chip Huggins
Joseph Neal                       Bill Cotty
Alex Harvin                       Ralph Davenport

Total Present--120

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 4.

STATEMENT OF ATTENDANCE

Rep. CLARK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 18.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. FRYE presented to the House the W. Wyman King Academy "Lady Knights" Volleyball Team, the 2002 South Carolina Independent School Association Class A Champions, their coach and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,


Printed Page 1325 . . . . . Wednesday, March 5, 2003

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

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
03/05/03   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3231 (Word version)
Date:   ADD:
03/05/03   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
03/05/03   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3082 (Word version)
Date:   ADD:
03/05/03   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3538 (Word version)
Date:   ADD:
03/05/03   EDGE


Printed Page 1326 . . . . . Wednesday, March 5, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
03/05/03   WALKER

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
03/05/03   WALKER

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
03/05/03   WALKER

CO-SPONSOR ADDED

Bill Number:   H. 3714 (Word version)
Date:   ADD:
03/05/03   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/05/03   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/05/03   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/05/03   KIRSH

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/05/03   NEILSON


Printed Page 1327 . . . . . Wednesday, March 5, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3190 (Word version)
Date:   ADD:
03/05/03   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3188 (Word version)
Date:   ADD:
03/05/03   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3319 (Word version)
Date:   ADD:
03/05/03   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 3590 (Word version)
Date:   ADD:
03/05/03   DELLENEY

CO-SPONSOR REMOVED

Bill Number:   H. 3049 (Word version)
Date:   REMOVE:
03/05/03   VIERS

CO-SPONSOR REMOVED

Bill Number:   H. 3202 (Word version)
Date:   REMOVE:
03/05/03   VIERS

MOTION ADOPTED

Rep. HARRELL moved that H. 3749, the General Appropriation Bill for Fiscal Year 2003-2004, be set for Special Order on Tuesday, March 11, immediately after roll call and immediately after roll call every day thereafter, and continue each day until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. HARRELL moved that H. 3749, the General Appropriation Bill, be set for Special Order for third reading immediately after second reading, and immediately after roll call every day thereafter, and


Printed Page 1328 . . . . . Wednesday, March 5, 2003

continue each day thereafter until given a third reading, which was agreed to.

MOTION ADOPTED

Rep. HARRELL moved that while debating H. 3749, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. HARRELL moved that when the House adjourns tomorrow that it adjourn to meet in local session on Friday, March 7, and to convene at 10:00 a.m., Tuesday, March 11, in statewide session, which was agreed to.

SENT TO THE SENATE

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

H. 3258 (Word version) -- Reps. Walker, Talley, Littlejohn and Mahaffey: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3498 (Word version) -- Reps. Trotter, Owens and Skelton: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE PICKENS COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

H. 3037 (Word version) -- Reps. Altman, Vaughn, Umphlett, Merrill, Coates, Clemmons, Cotty and Mahaffey: A BILL TO AMEND SECTION 7-


Printed Page 1329 . . . . . Wednesday, March 5, 2003

13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY AND TO REQUIRE THE AUTHORITY CHARGED BY LAW WITH PRINTING THE BALLOT TO PRINT THE NAME OF THE CANDIDATE WITH THE ONE PARTY WHICH NOMINATED HIM.

ORDERED TO THIRD READING

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

H. 3712 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 1675 OF 1972, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY COUNCIL AND TO MAKE CONFORMING AMENDMENTS.

H. 3718 (Word version) -- Rep. Miller: A BILL TO PROVIDE FOR THE MEMBERS OF THE BOARD OF TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT TO BE ELECTED BEGINNING WITH THE 2004 GENERAL ELECTION, FROM THE SEVEN SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE GEORGETOWN COUNTY COUNCIL ARE ELECTED, TO PROVIDE FOR FOUR-YEAR STAGGERED TERMS FOR THE MEMBERS, TO PROVIDE FOR THE BOARD MEMBERS TO ELECT ONE MEMBER TO SERVE AS CHAIRMAN FOR A TERM OF TWO YEARS, TO TERMINATE THE TERMS OF CURRENT TRUSTEES WHEN THEIR SUCCESSORS ELECTED PURSUANT TO THIS ACT TAKE OFFICE, AND TO REPEAL ACT 592 OF 1994, RELATING TO THE METHOD OF ELECTION OF THE TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT.

H. 3724 (Word version) -- Reps. Bales, J. Brown, Harrison and Scott: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS, TEACHERS, AND STAFF OF RICHLAND COUNTY SCHOOL DISTRICT ONE


Printed Page 1330 . . . . . Wednesday, March 5, 2003

WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

R. 2, S. 158--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R2) S. 158 (Word version) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

Rep. ALTMAN moved to adjourn debate on the veto.

Rep. MACK moved to table the motion to adjourn debate on the Veto, which was not agreed to by a division vote of 5 to 8.

The question then recurred to the motion to adjourn debate until Thursday, March 6, which was agreed to.


Printed Page 1331 . . . . . Wednesday, March 5, 2003

H. 3344--DEBATE ADJOURNED

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

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

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

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF


Printed Page 1332 . . . . . Wednesday, March 5, 2003

THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.

MOTION PERIOD

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

H. 3538--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons, Barfield, Simrill, Mahaffey and Edge: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC


Printed Page 1333 . . . . . Wednesday, March 5, 2003

SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND

Printed Page 1334 . . . . . Wednesday, March 5, 2003

CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5232CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   This bill may be cited as the Department of Motor Vehicles Reform Act of 2003.
SECTION   2.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

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

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

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

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

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

(F)   The Legislative Audit Council shall conduct an independent review of the Department of Motor Vehicles every three years."
SECTION   3.   (A)   The employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division and the State Transport Police Division of the Department of


Printed Page 1335 . . . . . Wednesday, March 5, 2003

Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of these divisions, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.

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

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

(D)   Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Motor Vehicle Division and the State Transport Division so transferred to the


Printed Page 1336 . . . . . Wednesday, March 5, 2003

Department of Motor Vehicles must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.

(E)   The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained.
SECTION   4.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-15.   The Department of Motor Vehicles must enter into contracts with persons, corporations, or governmental subdivisions, including public schools, in localities throughout the State to administer the portion of the driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which the license is sought as contained in Section 56-1-130(A). The department must supervise the provision of services contained in this subsection. The department must supply driver education instructors appropriate testing materials to administer the examinations contained in this section. A person or corporation administering an examination pursuant to this section may charge a fee in excess of the fee charged by the department for the examination."
SECTION   5.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

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

(1)   a driver's license;

(2)   a commercial driver's license; or

(3)   an identification card.


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

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

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

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

(F)   This section takes effect upon the department's receipt from the federal government of the funds necessary to implement this section."
SECTION   6.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-345.   The Department of Motor Vehicles may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."
SECTION   7.   Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 1-30-90.   The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related


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entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education, and Motor Vehicle.

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

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

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

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

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

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

(G)   The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."
SECTION   8.   Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

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

(B)   The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue


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pursuant to Act 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
SECTION   9.   Section 23-6-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

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

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

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

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

(4)engage in driver training and safety activities;

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

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

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

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

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

(10)(8)   receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal


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governments for the purpose of carrying out the programs and objectives of this chapter; and

(11)(9)   do all other functions and responsibilities as required or provided for by law."
SECTION   10.   Section 56-1-10(4) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(4)   'Department' means the Department of Public Safety Motor Vehicles."
SECTION   11.   Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-1-140.   Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
SECTION   12.   Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-210.   (A)   Every A license issued or renewed before October 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. A license issued or renewed on or after October 1, 2003, expires on the licensee's birth date on the tenth calendar year after the calendar year in which it is issued. Once a licensee becomes sixty-five years of age or older, the license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued.
(B)   Every A license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes.

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


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

(E)   If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."
SECTION   13.   Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-220.   (a)(A)   Eye examinations shall be are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The eye examination may be waived upon the submission of a certificate from a person authorized by law in this State to examine eyes.

(B)   During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to examine eyes or appear in person at a department office to complete an eye examination. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined one


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hundred dollars. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.

(C)   A eye examination will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to examine eyes.

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

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

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

(e)(G)   Unless otherwise provided in this section, any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION   14.   Section 56-2-2740 of the 1976 Code, as last amended by Act 40 of 1997, is further amended to read:

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


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violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.

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

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

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

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

(F)   The department shall supervise the provision of services contained in this section."
SECTION   15.   Section 23-6-35 and Article 7, Chapter 6, Title 23 of the 1976 Code are repealed.
SECTION   16.   Wherever the terms Department of Public Safety, Motor Vehicle Division, Motor Vehicles Division, or Division of Motor Vehicles appear in Title 56 of the 1976 Code, they shall mean Department of Motor Vehicles, and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.
SECTION   17.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this


Printed Page 1344 . . . . . Wednesday, March 5, 2003

act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   18.   SECTIONS 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17 of this act take effect upon approval by the Governor. SECTIONS 4 and 14 of this act take effect at least sixty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. GILHAM spoke in favor of the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
The amendment was then adopted.

Reps. SCOTT and J. H. NEAL proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5239CM03), which was tabled:
Amend the bill, as and if amended, Section 56-1-5(B) as contained in SECTION 2 by striking /and the State Transport Police Division/ after /Motor Vehicle Division/.
Amend the bill further, Section 1-30-90, as contained in SECTION 7, by striking /, State Police,/ after /Highway Patrol/ and inserting/ , State Police,/.
Amend the bill further, Section 23-6-20, as contained in SECTION 8, by striking /, a South Carolina State Police Division,/ and inserting /, a South Carolina State Police Division,/.
Amend the bill further, by striking SECTION 3 in its entirety and inserting:
/SECTION   3.   (A)   The employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of these divisions, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of


Printed Page 1345 . . . . . Wednesday, March 5, 2003

Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.

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

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

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

(E)   The functions, powers, duties, responsibilities, and authority exercised by the Motor Vehicle Division transferred to the Department of Motor Vehicles and the State Transport Police Division remaining within the Department of Public Safety with regards to commercial


Printed Page 1346 . . . . . Wednesday, March 5, 2003

motor vehicles, carriers, and drivers as existing before the effective date of this act must remain the same. The State Transport Police Division must continue to be primarily responsible for enforcing state and federal laws governing commercial motor vehicles, and must continue to administer motor carrier services. The Department of Motor Vehicles and the Department of Public Safety must cooperate in providing commercial motor vehicle, carrier, and driver services.

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

Rep. SCOTT explained the amendment.

Rep. RICE moved to table the amendment.

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

Yeas 66; Nays 47

Those who voted in the affirmative are:

Barfield               Bingham                Bowers
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Emory
Frye                   Gilham                 Hagood
Harrell                Harrison               Herbkersman
Hinson                 Huggins                Keegan
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. M. Neal             Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               Scarborough            Sinclair

Printed Page 1347 . . . . . Wednesday, March 5, 2003

Skelton                D. C. Smith            J. R. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bales                  Battle                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Delleney               Freeman
Gourdine               Govan                  Hamilton
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Jennings
Kirsh                  Lee                    Lloyd
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             Ott
Parks                  Phillips               Richardson
Rutherford             Scott                  Sheheen
Simrill                F. N. Smith            G. M. Smith
J. E. Smith            W. D. Smith            Snow
Weeks                  Whipper

Total--47

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\9509CM03), which was tabled:
Amend the bill, as and if amended, Section 56-1-5(c), as contained in SECTION 1, by striking Section 56-1-5(C) and inserting:
/(C)   The Executive Director of the Department of Motor Vehicles shall be appointed by a three member commission selected by the General Assembly in joint session for terms of two years and until their successors have been elected and qualified, commencing on the first day of July of each even-numbered year. Any vacancy occurring on the commission must be filled by appointment by the Governor for the


Printed Page 1348 . . . . . Wednesday, March 5, 2003

temporary period until the next session of the General Assembly, whereupon the General Assembly shall elect a commissioner to fill the unexpired term. Each commissioner shall receive an annual salary of twenty-four thousand dollars payable in monthly installments.
The commission shall elect one of its members as chairman. Any two commissioners shall constitute a quorum and no vacancy shall impair the right of the remaining commissions to exercise all of the powers of the commission through action of a quorum. /
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN explained the amendment.

Rep. G. BROWN spoke in favor of the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. TOWNSEND continued speaking.
Rep. GILHAM spoke against the amendment.
Rep. YOUNG spoke against the amendment.

Rep. TRIPP moved to table the amendment.

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

Yeas 61; Nays 54

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Coates
Cotty                  Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrison               Herbkersman
Huggins                Keegan                 Koon
Leach                  Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  J. M. Neal             Owens

Printed Page 1349 . . . . . Wednesday, March 5, 2003

Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            W. D. Smith
Stille                 Taylor                 Thompson
Toole                  Townsend               Tripp
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bales                  Bowers                 Branham
Breeland               G. Brown               R. Brown
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Dantzler
Emory                  Gourdine               Govan
Harrell                Harvin                 Hayes
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Lee
Limehouse              Littlejohn             Lloyd
Mack                   McLeod                 Merrill
J. H. Neal             Neilson                Ott
Parks                  Quinn                  Richardson
Rutherford             Scarborough            Scott
G. M. Smith            J. E. Smith            Snow
Talley                 Trotter                Umphlett
Vaughn                 Viers                  Weeks

Total--54

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. STILLE proposed the following Amendment No. 6 (Doc Name COUNCIL\SWB\5250CM03), which was tabled:


Printed Page 1350 . . . . . Wednesday, March 5, 2003

Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting:
/SECTION   4.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

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

Rep. STILLE explained the amendment.

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

Reps. TOWNSEND and GILHAM proposed the following Amendment No. 7 (Doc Name COUNCIL\SWB\5249CM03), which was adopted:
Amend the bill, as and if amended, by striking Section 56-1-210(D) as contained in SECTION 12, and inserting:
/   (D)   No A license may not be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination vision screening is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the department may require an


Printed Page 1351 . . . . . Wednesday, March 5, 2003

examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test. /
Amend the bill further, by striking SECTION 13 and inserting:
/SECTION   13.   Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

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

(B)   During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to screen eyes or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined one hundred dollars. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.

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

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


Printed Page 1352 . . . . . Wednesday, March 5, 2003

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

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

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

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

Reps. RICE and SIMRILL proposed the following Amendment No. 8 (Doc Name COUNCIL\SWB\5253CM03):
Amend the bill, as and if amended, by striking SECTION 13 in its entirety and inserting:
/ SECTION   13.   Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-220.   (a)(A)   Eye examinations shall be are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The eye examination may be waived upon the submission of a certificate from a person authorized by law in this State to examine eyes.

(B)   A eye examination will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to examine eyes.


Printed Page 1353 . . . . . Wednesday, March 5, 2003

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

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

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

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

Rep. RICE explained the amendment.

Rep. GILHAM spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 41; Nays 75

Those who voted in the affirmative are:

Allen                  Breeland               Ceips
Clark                  Cobb-Hunter            Davenport
Delleney               Edge                   Emory
Frye                   Gilham                 Gourdine
Herbkersman            J. Hines               Howard
Keegan                 Koon                   Lee

Printed Page 1354 . . . . . Wednesday, March 5, 2003

Lourie                 Lucas                  Mack
Mahaffey               Martin                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Pinson                 Quinn                  Richardson
Sandifer               Sinclair               Skelton
F. N. Smith            J. E. Smith            W. D. Smith
Stille                 Townsend               Walker
Whitmire               Witherspoon

Total--41

Those who voted in the negative are:

Anthony                Bailey                 Bales
Barfield               Battle                 Bingham
Bowers                 Branham                G. Brown
J. Brown               R. Brown               Cato
Chellis                Clemmons               Clyburn
Coates                 Coleman                Cooper
Cotty                  Dantzler               Duncan
Freeman                Govan                  Hagood
Hamilton               Harrison               Harvin
Haskins                Hayes                  M. Hines
Hinson                 Hosey                  Huggins
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 McCraw
McGee                  McLeod                 Merrill
Miller                 Neilson                Ott
Owens                  Perry                  Phillips
E. H. Pitts            Rhoad                  Rice
Rutherford             Scarborough            Scott
Simrill                D. C. Smith            G. M. Smith
J. R. Smith            Snow                   Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Weeks
White                  Wilkins                Young

Total--75

So, the House refused to table the amendment.


Printed Page 1355 . . . . . Wednesday, March 5, 2003

Rep. TOWNSEND spoke against the amendment.
Rep. HOWARD spoke against the amendment.
Rep. YOUNG spoke in favor of the amendment.
Rep. LOURIE spoke against the amendment.

Rep. TOWNSEND moved that the House recede until 2:20 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 8.

THE HOUSE RESUMES

At 2:20 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER CLYBURN IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3538--AMENDED AND ORDERED TO THIRD READING

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

H. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons, Barfield, Simrill, Mahaffey and Edge: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE


Printed Page 1356 . . . . . Wednesday, March 5, 2003

WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION

Printed Page 1357 . . . . . Wednesday, March 5, 2003

CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.

Reps. RICE and SIMRILL proposed the following Amendment No. 8 (Doc Name COUNCIL\SWB\5253CM03), which was rejected:
Amend the bill, as and if amended, by striking SECTION 13 in its entirety and inserting:
/ SECTION   13.   Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-220.   (a)(A)   Eye examinations shall be are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The eye examination may be waived upon the submission of a certificate from a person authorized by law in this State to examine eyes.

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


Printed Page 1358 . . . . . Wednesday, March 5, 2003

of a certificate from a person authorized by law in this State to examine eyes.

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

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

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

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

Rep. LOURIE spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 17; Nays 87

Those who voted in the affirmative are:

Cooper                 Hagood                 Hinson
Kirsh                  Loftis                 McGee
Owens                  E. H. Pitts            Rice
Scarborough            Simrill                G. M. Smith
W. D. Smith            Vaughn                 Viers
White                  Young

Total--17


Printed Page 1359 . . . . . Wednesday, March 5, 2003

Those who voted in the negative are:
Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                Breeland
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Duncan                 Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Koon
Leach                  Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Perry                  Pinson                 Quinn
Richardson             Sandifer               Scott
Sheheen                Sinclair               Skelton
D. C. Smith            F. N. Smith            J. E. Smith
J. R. Smith            Snow                   Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Walker
Whitmire               Wilkins                Witherspoon

Total--87

So, the amendment was rejected.

Rep. HAMILTON proposed the following Amendment No. 9 (Doc Name COUNCIL\GGS\22918HTC03), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/   SECTION   __.   The Department of Motor Vehicles is prohibited from hiring additional employees during the ninety day period


Printed Page 1360 . . . . . Wednesday, March 5, 2003

following the effective date of this act, except with the specific written approval of the State Budget and Control Board. /
Renumber sections to conform.
Amend title to conform.

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

Reps. SCOTT and J. H. NEAL proposed the following Amendment No. 10 (Doc Name COUNCIL\SWB\5257CM03), which was tabled:
Amend the bill, as and if amended, Section 56-1-5 (B) as contained in SECTION 2, by striking Section 56-1-5 (B) and inserting:
/(B)   Upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Vehicle Division within the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles Also, upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Carrier Services section of the State Transport Police Division of the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles. /
Amend the bill further, by striking SECTION 3, and inserting:
/SECTION   3.   (A)   The employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. Also, the employees, funds, appropriations, assets, liabilities, bonded indebtedness if applicable, real and personal property, contractual rights and obligations of the Motor Carrier Services section of the State Transport Police Division of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel identified in this section on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and


Printed Page 1361 . . . . . Wednesday, March 5, 2003

Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.

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

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

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

(E)   The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the


Printed Page 1362 . . . . . Wednesday, March 5, 2003

provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained. /
Amend the bill further, by striking SECTION 7, and inserting:
/SECTION   7.   Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

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

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

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

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

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

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

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

(G)   The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."/
Amend the bill further, Section 23-6-20(A), as contained in SECTION 8, by striking Section 23-6-20(A), and inserting:
/   "(A)   The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education." /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.


Printed Page 1363 . . . . . Wednesday, March 5, 2003

SPEAKER PRO TEMPORE IN CHAIR

Rep. SCOTT continued speaking.
Rep. J. H. NEAL spoke in favor of the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 58; Nays 51

Those who voted in the affirmative are:

Barfield               Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Duncan                 Edge
Gilham                 Hamilton               Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Leach                  Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. M. Neal             Owens                  Perry
Pinson                 Rhoad                  Rice
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--58

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport

Printed Page 1364 . . . . . Wednesday, March 5, 2003

Delleney               Emory                  Freeman
Frye                   Gourdine               Hagood
Haskins                Hayes                  J. Hines
Hosey                  Howard                 Kennedy
Kirsh                  Koon                   Lee
Littlejohn             Lloyd                  Loftis
Mack                   Miller                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  E. H. Pitts            M. A. Pitts
Richardson             Scott                  Sheheen
Simrill                F. N. Smith            J. E. Smith
Snow                   Weeks                  Whipper

Total--51

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 12 (Doc Name COUNCIL\GGS\22920HTC03), which was tabled:
Amend the bill, as and if amended, Section 56-1-5(c), as contained in SECTION 1, by striking Section 56-1-5(C) and inserting:
/(C)   The Executive Director of the Department of Motor Vehicles must be appointed by a seven member commission elected and appointed in the manner provided in Article 3, Chapter 1 of Title 57 for the Commission of the Department of Transportation, mutatis mutandis. These members shall also serve for the four-year terms provided in that article. Members shall serve without compensation but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. GILHAM moved to table the amendment.

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

Yeas 61; Nays 46


Printed Page 1365 . . . . . Wednesday, March 5, 2003

Those who voted in the affirmative are:
Barfield               Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lourie                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                J. M. Neal             Owens
Perry                  Rice                   Richardson
Sandifer               Simrill                Sinclair
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Stille                 Talley
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Altman                 Anthony                Bailey
Bales                  Battle                 Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport
Emory                  Freeman                Gourdine
Govan                  Haskins                Hayes
J. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Parks
E. H. Pitts            M. A. Pitts            Rhoad
Scarborough            Scott                  G. M. Smith

Printed Page 1366 . . . . . Wednesday, March 5, 2003

J. E. Smith            Snow                   Viers
Weeks

Total--46

So, the amendment was tabled.

Rep. OWENS proposed the following Amendment No. 13 (Doc Name COUNCIL\GGS\22917HTC03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting:
/ SECTION   4.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

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

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

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

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

(2)   suspend the contract; or

(3)   cancel the contract." /


Printed Page 1367 . . . . . Wednesday, March 5, 2003

Renumber sections to conform.
Amend title to conform.

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

Rep. CLYBURN proposed the following Amendment No. 15 (Doc Name COUNCIL\GGS\22921HTC03), which was adopted:
Amend the bill, as and if amended, in Section 56-1-220(B), as contained in SECTION 13, page 3538-9, line 19, by striking / one hundred / and inserting / fifty /.
Renumber sections to conform.
Amend title to conform.

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

Reps. DAVENPORT and CLYBURN proposed the following Amendment No. 16 (Doc Name COUNCIL\GGS\229922HTC03), which was adopted:
Amend the bill, as and if amended, in Section 56-1-220(A), as contained in SECTION 13, page 3538-9, line 12, by inserting immediately after / certificate / on line 12 / dated within the previous twelve months /
Amend further, as and if amended, in Section 56-1-220(B) as contained in SECTION 13, page 3538-9, by striking line 19 and inserting / licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be /
Renumber sections to conform.
Amend title to conform.

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

MOTION NOTED

Rep. RHOAD moved to reconsider the vote whereby Amendment No. 10 was tabled and the motion was noted.


Printed Page 1368 . . . . . Wednesday, March 5, 2003

Rep. RICE proposed the following Amendment No. 17 (Doc Name COUNCIL\SWB\5252CM03), which was tabled:
Amend the bill, as and if amended, Section 56-1-220(B), as contained in SECTION 13, by striking Section 56-1-220(B), and inserting:
/ (B)   During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to examine eyes or appear in person at a department office to complete an eye examination." /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.

SPEAKER IN CHAIR

Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. G. BROWN proposed the following Amendment No. 18 (Doc Name COUNCIL\NBD\11349AC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

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

Rep. G. BROWN explained the amendment.

Rep. GILHAM moved to table the amendment.

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

Yeas 52; Nays 62


Printed Page 1369 . . . . . Wednesday, March 5, 2003

Those who voted in the affirmative are:
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Duncan                 Edge                   Gilham
Harrison               Haskins                Herbkersman
Huggins                Keegan                 Kirsh
Leach                  Limehouse              Lourie
Mahaffey               Martin                 McLeod
Merrill                Owens                  Perry
Pinson                 M. A. Pitts            Quinn
Sandifer               Skelton                D. C. Smith
J. R. Smith            Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

Total--52

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Delleney
Emory                  Freeman                Frye
Gourdine               Govan                  Hagood
Harrell                Hayes                  J. Hines
Hinson                 Hosey                  Howard
Jennings               Kennedy                Koon
Lee                    Littlejohn             Lloyd
Loftis                 Lucas                  Mack
McCraw                 McGee                  Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
E. H. Pitts            Rhoad                  Rice
Richardson             Scarborough            Scott
Sheheen                Simrill                Sinclair

Printed Page 1370 . . . . . Wednesday, March 5, 2003

G. M. Smith            J. E. Smith            W. D. Smith
Snow                   Trotter                Weeks
Whipper                Young

Total--62

So, the House refused to table the amendment.

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

Rep. RICE proposed the following Amendment No. 19 (Doc Name COUNCIL\GGS\22924HTC03), which was tabled:
Amend the bill, as and if amended, Section 56-1-220(B), as contained in SECTION 13, page 3538-9, line 19, by striking / fifty dollars / and inserting / thirty dollars, collectible at the time of renewal. A driver's license is not subject to suspension for failure to complete the requirements of this subsection. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.

Rep. TOWNSEND spoke against the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 78; Nays 26

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Barfield               Battle                 Bingham
Breeland               G. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coleman
Cooper                 Dantzler               Davenport
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood

Printed Page 1371 . . . . . Wednesday, March 5, 2003

Harrell                Haskins                Hayes
Herbkersman            J. Hines               Hosey
Huggins                Jennings               Keegan
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Lourie                 Mahaffey               Martin
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Parks                  Perry                  E. H. Pitts
M. A. Pitts            Sandifer               Scott
Sinclair               Skelton                D. C. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon

Total--78

Those who voted in the negative are:

Altman                 Bales                  Branham
J. Brown               R. Brown               Coates
Delleney               Harrison               Howard
Koon                   Loftis                 Lucas
Mack                   McCraw                 McGee
J. H. Neal             Owens                  Rhoad
Rice                   Richardson             Scarborough
Simrill                G. M. Smith            Viers
Weeks                  Young

Total--26

So, the amendment was tabled.

Reps. SCOTT and J. H. NEAL proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11305CM03), which was tabled:
Amend the bill, as and if amended, Section 56-1-5(B) as contained in SECTION 2 by striking /and the State Transport Police Division/ after /Motor Vehicle Division/.


Printed Page 1372 . . . . . Wednesday, March 5, 2003

Amend the bill further, SECTION 3. (A), by striking /and the State Transport Police Division/ after /Motor Vehicle Division/.
Amend the bill further, SECTION 3. (D) by striking /and the State Transport Division/ after /Motor Vehicle Division/.
Amend the bill further, Section 1-30-90, as contained in SECTION 7, by striking /, State Police,/ after /Highway Patrol/ and inserting/ , State Police,/.
Amend the bill further, Section 23-6-20, as contained in SECTION 8, by striking /, a South Carolina State Police Division,/ and inserting /, a South Carolina State Police Division,/.
Amend the bill further, Section 23-6-30, as contained in SECTION 9 by striking Section 23-6-30 in its entirety and inserting:
/"Section 23-6-30.   The department shall have the following duties and powers:

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

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

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

(4)(2)   engage in driver training and safety activities;

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

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

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

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

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

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


Printed Page 1373 . . . . . Wednesday, March 5, 2003

(11)(9)   do all other functions and responsibilities as required or provided for by law."/
Amend title to conform.

Rep. SCOTT explained the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.

POINT OF ORDER

Rep. WALKER raised the Point of Order that Amendment No. 2 was out of order in that it was identical to a previously tabled amendment.
SPEAKER WILKINS overruled the Point of Order.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 66; Nays 44

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Duncan
Edge                   Frye                   Gilham
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
Merrill                Miller                 J. M. Neal
Owens                  Perry                  Pinson
M. A. Pitts            Quinn                  Rice
Sandifer               Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers

Printed Page 1374 . . . . . Wednesday, March 5, 2003

Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Coleman
Delleney               Emory                  Freeman
Gourdine               Govan                  Hayes
J. Hines               Hosey                  Howard
Kennedy                Kirsh                  Koon
Lee                    Lloyd                  Mack
McGee                  McLeod                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  E. H. Pitts            Richardson
Scarborough            Scott                  Sheheen
Simrill                J. E. Smith            Snow
Weeks                  Whipper

Total--44

So, the amendment was tabled.

AMENDMENT NO. 10--MOTION TO RECONSIDER TABLED

The motion of Rep. RHOAD to reconsider the vote whereby Amendment No. 10 was tabled was taken up.
Rep. SCOTT moved to table the motion to reconsider, which was agreed to.

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

Yeas 97; Nays 13

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham

Printed Page 1375 . . . . . Wednesday, March 5, 2003

G. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--97

Those who voted in the negative are:

Allen                  Breeland               J. Brown
R. Brown               Govan                  Hosey
Lee                    Mack                   J. H. Neal

Printed Page 1376 . . . . . Wednesday, March 5, 2003

Rhoad                  Scott                  Weeks
Whipper

Total--13

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

RECORD FOR VOTING

I was temporarily in a meeting outside the Chamber. I would have voted in favor of the Bill.
Rep. Shirley Hinson

RECORD FOR VOTING

I inadvertantly voted against the Bill. I intended to vote yes, in favor of the Bill.
Rep. Thomas Rhoad

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 5, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Clarendon County Master-in-Equity
Term Commencing: June 30, 1998
Term Expiring: June 30, 2004
Seat: At-Large
Vice: Ralph F. Cothran (deceased)

Initial Appointment
Mr. William C. Coffey, Jr.
8 South Brooks Street
Manning, South Carolina 29102
803-435-8847


Printed Page 1377 . . . . . Wednesday, March 5, 2003

Very respectfully,
President of the Senate
Received as information

REPORTS OF STANDING COMMITTEE

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

H. 3172 (Word version) -- Reps. Altman, Littlejohn and Hinson: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".
Ordered for consideration tomorrow.

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

S. 216 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT ADDITIONAL PROVISIONS OF LAW THAT WOULD FURTHER REGULATE THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH CAN BE EXPECTED TO BE SEEN BY CHILDREN.
Ordered for consideration tomorrow.

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

H. 3708 (Word version) -- Reps. Ceips, Herbkersman, Lloyd, Young, Bailey, Barfield, Bowers, Breeland, R. Brown, Chellis, Clemmons, Edge, Gilham, Hagood, Haskins, Hinson, Keegan, Limehouse, Mack, Mahaffey, Merrill, Miller, Rivers, Scarborough, Umphlett, Viers and Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE GENERAL ASSEMBLY OVER THE PRESENCE OF CHLORAMPHENICOL AND OTHER BANNED VETERINARY DRUGS IN IMPORTED SHRIMP AND CALLING ON THE FEDERAL GOVERNMENT TO TAKE IMMEDIATE AND


Printed Page 1378 . . . . . Wednesday, March 5, 2003

FOCUSED EFFORTS TO IMPROVE ENFORCEMENT OF FOOD IMPORT RESTRICTIONS OF SEAFOOD IMPORTS IN ORDER TO PROTECT UNITED STATES CONSUMERS AND ENSURE SAFETY OF THE FOOD SUPPLY.
Ordered for consideration tomorrow.

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

H. 3170 (Word version) -- Reps. Cobb-Hunter and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3730 (Word version) -- Reps. Govan, Ott, Rhoad and Cobb-Hunter: A HOUSE RESOLUTION COMMENDING LAVAUGHN NESMITH, COUNTY DIRECTOR OF THE ORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA AND ITS MOST VULNERABLE CITIZENS THROUGH ITS VARIOUS SOCIAL SERVICES PROGRAMS AND WISHING HIM CONTINUED PRODUCTIVITY AND HAPPINESS.

The Resolution was adopted.


Printed Page 1379 . . . . . Wednesday, March 5, 2003

CONCURRENT RESOLUTION

The following was introduced:

H. 3731 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WADE EDISON TALBERT OF HARTSVILLE ON THEIR FIFTIETH WEDDING ANNIVERSARY MARCH 11, 2003, AND TO WISH THEM A JOYOUS CELEBRATION AND MANY MORE YEARS OF HAPPINESS TOGETHER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3732 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION CONGRATULATING EDDIE TWILLEY, LOBBYIST EXTRAORDINAIRE AND FORMER CONFIRMED BACHELOR, ON THE OCCASION OF HIS UPCOMING MARRIAGE TO BETH FONDREN, FORMER PAGE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND WISHING THEM A HAPPY LIFE TOGETHER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 410 (Word version) -- Senators Setzler, Giese and Knotts: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND


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WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.

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. 443 (Word version) -- Senators Leatherman, Giese, Mescher, Grooms, Branton, Hayes, Kuhn, J. V. Smith, Courson, Ryberg, Drummond and Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE THOUSANDS OF MEN AND WOMEN FROM SOUTH CAROLINA WHO ARE SERVING IN THE ARMED FORCES OF THE UNITED STATES IN THE PERSIAN GULF AND TO ENCOURAGE THOSE BRAVE SOLDIERS TO RECORD THEIR LEGACIES OF SERVICE BY PARTICIPATING IN THE "WRITE FROM THE FRONT PROGRAM" SPONSORED BY THE STATE BUDGET AND CONTROL BOARD'S SOUTH CAROLINA CONFEDERATE RELIC ROOM AND MUSEUM.

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. 451 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO OFFER WARMEST AND HEARTFELT CONGRATULATIONS TO THE HONORABLE AND MRS. J. ROLAND SMITH OF LANGLEY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.

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


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INTRODUCTION OF BILLS

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

H. 3733 (Word version) -- Reps. F. N. Smith, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Tripp and Vaughn: A BILL TO PROHIBIT THE GREENVILLE COUNTY SCHOOL BOARD FROM MOVING THE LOCATION OF BECK ACADEMY UNTIL APPROVAL BY THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works

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

H. 3735 (Word version) -- Reps. M. A. Pitts, E. H. Pitts, Cato, Koon, Pinson, Stille and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-940 SO AS TO PROHIBIT A FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A STATE BOARD, COMMISSION, COMMITTEE, OR OFFICE FILLED BY AN ELECTION HELD BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary

H. 3736 (Word version) -- Reps. Limehouse and Hagood: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "IMPROVEMENTS" IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999 AND SECTION 6-1-920, RELATING TO THE DEFINITION OF "PUBLIC FACILITIES" IN THE SOUTH


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CAROLINA DEVELOPMENT IMPACT FEE ACT, SO AS TO INCLUDE PUBLIC EDUCATION FACILITIES FOR GRADES K-12.
Referred to Committee on Ways and Means

H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
Referred to Committee on Judiciary

H. 3738 (Word version) -- Reps. Stille and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-53-25, 59-53-26, AND 59-53-27 SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA LANCASTER CAMPUS, SALKEHATCHIE CAMPUS, UNION CAMPUS, AND SUMTER CAMPUS SHALL BE TRANSFERRED TO THE STATE BOARD FOR COMMUNITY COLLEGES AND TECHNICAL AND COMPREHENSIVE EDUCATION AND ADMINISTERED AS ALL OTHER TWO-YEAR INSTITUTIONS UNDER THE AUTHORITY OF THIS STATE BOARD, TO PROVIDE FOR AN AREA COMMISSION FOR EACH OF THESE INSTITUTIONS, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF EACH AREA COMMISSION; BY ADDING SECTION 59-53-35 SO AS TO CHANGE THE NAME OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO THE STATE BOARD FOR COMMUNITY COLLEGES AND TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO PROVIDE FOR TRANSITIONAL PROVISIONS TO ACCOMPLISH THE ABOVE TRANSFERS.
Referred to Committee on Education and Public Works


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

H. 3740 (Word version) -- Reps. Haskins, Davenport, Duncan, Leach, Pinson, M. A. Pitts, F. N. Smith, Stille and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS ESTABLISHMENT SELLING GASOLINE OR OTHER MOTOR FUELS AND WHICH POSSESSES A PERMIT TO SELL BEER AND WINE TO SELL REFRIGERATED OR CHILLED BEER AND WINE, TO MAKE IT UNLAWFUL FOR SUCH ESTABLISHMENTS TO SELL FEWER THAN SIX SEPARATE CONTAINERS OF BEER TO ONE CUSTOMER, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY


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THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
Referred to Committee on Ways and Means

S. 85 (Word version) -- Senators Hayes, Ravenel, Reese and Courson: A BILL TO AMEND SECTION 8-13-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE WITHIN THEM THE POWER TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH THE DISCLOSURE REQUIREMENTS AND NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS TO SATISFY THE REQUIREMENTS OF CHAPTER 13 OF TITLE 8 AND TO RECEIVE COMPLAINTS FILED BY INDIVIDUALS AND TO FILE COMPLAINTS WHEN ALLEGED VIOLATIONS ARE IDENTIFIED.
Referred to Committee on Judiciary

Rep. OWENS 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. 3709 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT ERIC RYAN KYLE OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

ADJOURNMENT

At 3:55 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Roland Windham, Sr. of Aiken, to meet at 10:00 a.m. tomorrow.

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