South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives


Printed Page 1406 . . . . . Thursday, February 28, 2008

Thursday, February 28, 2008
(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 Isaiah 40:29: "He gives power to the faint."
Let us pray. Open our hearts to see the morning star by which we can always find our bearings. Give us courage to lay aside the immediate satisfaction to take care of the people's business. By the light of Your caring for us, make us people of substance to carry our duties forward. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O Lord. 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. ERICKSON moved that when the House adjourns, it adjourn in memory of Holly Jean Cummings Konoza of Beaufort, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3395 (Word version) -- Reps. Funderburk and Toole: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING


Printed Page 1407 . . . . . Thursday, February 28, 2008

PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
Ordered for consideration tomorrow.

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

H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens and Harvin: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.
Ordered for consideration tomorrow.

Rep. F. N. SMITH, from the Greenville Delegation, submitted a favorable report on:

H. 4707 (Word version) -- Rep. Haskins: A BILL TO PROVIDE THAT GREENVILLE COUNTY PUBLIC SCHOOLS MUST PUBLISH NUTRITION INFORMATION FOR ALL FOOD SERVICE OPTIONS IN ANY DISSEMINATION OF INFORMATION THAT INCLUDES SCHOOL MENU OPTIONS.
Ordered for consideration tomorrow.


Printed Page 1408 . . . . . Thursday, February 28, 2008

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

H. 4770 (Word version) -- Reps. Miller and Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF THE PORT OF GEORGETOWN AND SUPPORT FUTURE EFFORTS BY GEORGETOWN COUNTY AND THE SOUTH CAROLINA STATE PORTS AUTHORITY TO GROW CARGO VOLUMES FOR THE ECONOMIC BETTERMENT OF THE COMMUNITY AND STATE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4777 (Word version) -- Rep. F. N. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MAYOR JOHNNY FORD FOR HIS SERVICE TO THE CITIZENS OF TUSKEGEE, ALABAMA, AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4778 (Word version) -- Reps. Huggins, E. H. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith,


Printed Page 1409 . . . . . Thursday, February 28, 2008

W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE MR. AND MRS. JOHN HENRY HOLLADAY, JR., OF RICHLAND COUNTY, ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4779 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MR. JACOB RICHARDSON OF BEAUFORT COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4780 (Word version) -- Reps. Harrison, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith,


Printed Page 1410 . . . . . Thursday, February 28, 2008

W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE BRAVE SERVICEMEN AND SERVICEWOMEN OF THE UNITED STATES ARMY RESERVE WHO HAVE PLEDGED, AND IN MANY INSTANCES SACRIFICED, THEIR LIVES IN DEFENSE OF OUR NATION AND OUR CHERISHED FREEDOMS AND LIBERTIES, AND TO PAY HOMAGE TO THEM UPON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF THE ARMY RESERVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4781 (Word version) -- Reps. Gullick, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE LIFE OF DE'ANDRE "DRE" ADAMS, WINTHROP UNIVERSITY BASKETBALL PLAYER, AND TO CELEBRATE THE LEGACY HE LEFT TO THE MANY PEOPLE WHOSE LIVES HE TOUCHED.

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


Printed Page 1411 . . . . . Thursday, February 28, 2008

INTRODUCTION OF BILL

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

H. 4782 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 61-4-1300 RELATING TO TERRITORIAL AGREEMENTS REGARDING THE DISTRIBUTION OF BEER, ALE, PORTER, AND OTHER SIMILAR MALT OR FERMENTED BEVERAGES BY WHOLESALERS.
Referred to Committee on Judiciary

ROLL CALL

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

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clemmons
Clyburn                Coleman                Cooper
Cotty                  Crawford               Dantzler
Delleney               Edge                   Erickson
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Huggins                Hutson
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips

Printed Page 1412 . . . . . Thursday, February 28, 2008

Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 28.

Paul Agnew                        Carl Anderson
Ted Vick                          Gilda Cobb-Hunter
Ralph Davenport                   Leon Howard
Harold Mitchell

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. DUNCAN a leave of absence due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. MACK 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 19.

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 27.


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DOCTOR OF THE DAY

Announcement was made that Dr. T. Edwin Evans of Seneca was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. J. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Marching Band, the 2007 Class AA Champions, their directors and other school officials.

CO-SPONSORS ADDED

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, 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. 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. 4762 (Word version)
Date:   ADD:
02/28/08   MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   CLEMMONS


Printed Page 1414 . . . . . Thursday, February 28, 2008

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   HIOTT

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   SKELTON

CO-SPONSOR ADDED

Bill Number:   H. 3674 (Word version)
Date:   ADD:
02/28/08   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3094 (Word version)
Date:   ADD:
02/28/08   HUTSON

CO-SPONSOR ADDED

Bill Number:   H. 4157 (Word version)
Date:   ADD:
02/28/08   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 4334 (Word version)
Date:   ADD:
02/28/08   MULVANEY

CO-SPONSOR ADDED

Bill Number:   H. 4594 (Word version)
Date:   ADD:
02/28/08   WALKER


Printed Page 1415 . . . . . Thursday, February 28, 2008

CO-SPONSOR ADDED

Bill Number:   H. 4594 (Word version)
Date:   ADD:
02/28/08   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4594 (Word version)
Date:   ADD:
02/28/08   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4745 (Word version)
Date:   ADD:
02/28/08   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 4745 (Word version)
Date:   ADD:
02/28/08   COTTY

ORDERED TO THIRD READING

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

H. 4775 (Word version) -- Reps. Hagood, Whipper, Breeland, Limehouse, Mack, Scarborough and Stavrinakis: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, CREATING THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CHANGE THE DATES FOR FILING OF CONSTITUENT SCHOOL DISTRICT BOARD OF TRUSTEES AND TO CONSOLIDATE THE SCHOOL BOARD TO CONFORM WITH PROVISIONS OF STATE LAW.

H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens, Whitmire, Parks, Howard and J. H. Neal: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A


Printed Page 1416 . . . . . Thursday, February 28, 2008

CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".

Rep. HALEY explained the Bill.

S. 1099 (Word version) -- Senators Martin, Ford, Ritchie, Malloy, Cromer, Ceips and Setzler: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO REVIEW THE CRIMINAL DOMESTIC VIOLENCE LAWS OF THE STATE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING ANY PROPOSED CHANGES, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 2009, AT WHICH TIME THE STUDY COMMITTEE MUST BE DISSOLVED.

H. 4680 (Word version) -- Reps. Walker, Anthony, W. D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.

Rep. WALKER explained the Bill.

OBJECTION TO MOTION

Rep. WALKER asked unanimous consent that H. 4680 (Word version) be read a third time tomorrow.
Rep. DAVENPORT objected.


Printed Page 1417 . . . . . Thursday, February 28, 2008

H. 4775--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HAGOOD, with unanimous consent, it was ordered that H. 4775 (Word version) be read the third time tomorrow.

H. 4058--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HALEY, with unanimous consent, it was ordered that H. 4058 (Word version) be read the third time tomorrow.

S. 1099--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 1099 (Word version) be read the third time tomorrow.

SENT TO THE SENATE

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

H. 4511 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-1-1750 RELATING TO A MOPED DRIVER'S LICENSE.

H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS


Printed Page 1418 . . . . . Thursday, February 28, 2008

ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

H. 4620--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, March 4, which was adopted:

H. 4620 (Word version) -- Reps. Harrell, Harrison, Cato, Hagood, Howard, W. D. Smith, Walker, White, Stavrinakis, Bedingfield, G. R. Smith and Hart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE


Printed Page 1419 . . . . . Thursday, February 28, 2008

MANNER REQUIRED BY SECTION 7, ARTICLE VI; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

H. 3674--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3674 (Word version) -- Reps. Cato, Perry, J. H. Neal, Chellis, Harvin, F. N. Smith, Bedingfield, Simrill, Crawford, Leach, W. D. Smith, Alexander, Bales, Bannister, Dantzler, Edge, Gambrell, Hamilton, Haskins, Kennedy, Lowe, Mitchell, Mulvaney, Ott, Pinson, Sandifer, Scarborough, Shoopman, G. R. Smith, Spires, Stewart, Thompson, Toole, White, Young, Brady, Talley, Clemmons, Owens, Hiott, Skelton and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT", TO ESTABLISH PROCEDURES FOR A HEALTH INSURER TO PAY OR REIMBURSE A PROVIDER FOR HEALTH CARE SERVICES FURNISHED BY THE PROVIDER, INCLUDING, AMONG OTHER THINGS, TIMEFRAMES WITHIN WHICH A CLAIM FOR SERVICES RENDERED, WHICH HAS NOT MATERIAL DEFECT OR IMPROPRIETY, MUST BE PAID BY AN INSURER, CONDITIONS WHICH CONSTITUTE A CONTESTED CLAIM, INTEREST RATES AND OTHER FEES THAT MAY BE RECOVERED FOR CLAIMS NOT PAID OR PROPERLY DISPUTED WITHIN THE TIMEFRAMES PROVIDED, THE APPLICABILITY OF UNFAIR TRADE PRACTICES, TIMEFRAMES WITHIN WHICH AN INSURER SEEKING A REFUND OF A PAYMENT MADE FOR HEALTH CARE SERVICES RENDERED MUST REQUEST THE REFUND, AND PROVISIONS LIMITING THE NUMBER OF SERVICES AND SUPPLIES REQUIRING PREAUTHORIZATION BY AN INSURER; AND TO AMEND SECTION 38-71-230, RELATING TO WRITTEN NOTICE WHICH MUST BE PROVIDED BY INSURERS OF CLAIM POLICIES AND PROCEDURES AND THE ADOPTION OF STANDARDIZED CLAIM FORMS, SO AS TO REVISE CERTAIN CLAIM FORM NUMBERS.


Printed Page 1420 . . . . . Thursday, February 28, 2008

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12039AC08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 38, Chapter 59 of the 1976 Code is amended by adding:

"Article 2
South Carolina Health Care Financial Recovery and Protection Act

Section 38-59-200.   This article may be cited as the 'South Carolina Health Care Financial Recovery and Protection Act'.

Section 38-59-210.   As used in this article:

(1)   'Insurer' means an insurance company, a health maintenance organization, and any other entity providing health insurance coverage, as defined in Section 38-71-670(6), which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation.

(2)   'Health care services' means services included in furnishing an individual medical care or hospitalization, or services incident to the furnishing of medical care or hospitalization, and other services to prevent, alleviate, cure, or heal human illness, injury, or physical disability.

(3)   'Health maintenance organization' means an organization as defined in Section 38-33-20(8).

(4)   'Health insurance plan' means a health insurance policy or health benefit plan offered by a health insurer or a health maintenance organization that provides health insurance coverage, as defined in Section 38-71-670(6).

(5)   'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.

(6)   'Provider' means a physician, hospital, or other person properly licensed, certified, or permitted, where required, to furnish health care services.

(7)   'Participating provider' means a provider who provides covered health care services to an insured or a member pursuant to a contract with an insurer or health insurance plan.

(8)   'Clean claim' means an eligible electronic or paper claim for reimbursement that:


Printed Page 1421 . . . . . Thursday, February 28, 2008

(a)   is received by the insurer within one hundred twenty business days of the date the health care services at issue were performed;

(b)(i)   when submitted via paper has all the elements of the standardized CMS 1500 or UB 04 claim form, or the successor of each as either may be amended from time to time; or

(ii)   when submitted via an electronic transaction, uses only permitted standard code sets and has all the elements of the standard electronic formats as required by the Health Insurance Portability and Accountability Act of 1996 and other federal and state regulatory authority;

(c)   is for health care services covered by the health insurance plan and rendered to an insured person by a provider eligible for reimbursement under the health insurance plan;

(d)   has any corresponding referral that may be required for the applicable claim;

(e)   is a claim for which the insurer is the primary payor, or for which the insurer's responsibility as a secondary payor has been clearly established;

(f)   has no material defect, error, or impropriety that would affect the adjudication of the claim;

(g)   includes all required substantiating documentation or coding;

(h)   is not subject to any particular circumstance that the insurer reasonably believes, subject to review by the Department of Insurance, would prevent accurate or timely payment from being made on the claim under the terms of the health insurance plan, the participating provider agreement, or the insurer's published filing requirements; and

(i)   is under a health insurance plan for which the insurer has been timely paid all applicable premiums.

(9)   'Force majeure' means any act of God, governmental act, act of terrorism, war, fire, flood, earthquake, hurricane, or other natural disaster, explosion or civil commotion.

Section 38-59-220.   (A)   Within six months of the effective date of this article, each insurer, upon written request from a physician who is also a participating provider will provide, by CD-ROM, or electronically at the insurer's option, the fee schedule that is contracted with that physician for up to 100 CPT(r) Codes customarily and routinely used by the specialty type of such physician. Each physician


Printed Page 1422 . . . . . Thursday, February 28, 2008

may request from an insurer an updated fee schedule no more than two times annually.

(B)   A physician requesting a fee schedule pursuant to subsection (A) may elect to receive a hard copy of the fee schedule in lieu of the foregoing; however, the insurer may charge the physician a reasonable fee to cover the increased administrative costs of providing the hard copy.

(C)   The physician shall keep all fee schedule information provided pursuant to this section confidential. The physician shall disclose fee schedule information only to those employees of the physician who have a reasonable need to access this information in order to perform their duties for the physician and who have been placed under an obligation to keep this information confidential. Any failure of a physician's office to abide by this subsection shall result in the physician's forfeiture of the right to receive fee schedules pursuant to this section and at the option of the insurer may constitute a breach of contract by the physician.

(D)   Nothing in this section prohibits an insurer from basing actual compensation to the physician on the insurer's maximum allowable amount or other contract adjustments, including those stated in the patient's plan of benefits, or both.

Section 38-59-230(A).   An insurer shall direct the issuance of a check or an electronic funds transfer in payment for a clean claim that is submitted via paper within forty business days following the later of the insurer's receipt of the claim or the date on which the insurer is in receipt of all information needed and in a format required for the claim to constitute a clean claim and is in receipt of all documentation which may be requested by an insurer which is reasonably needed by the insurer:

(1)   to determine that such claim does not contain any material defect, error, or impropriety; or

(2)   to make a payment determination.

(B)   An insurer shall direct the issuance of a check or an electronic funds transfer in payment for a clean claim that is submitted electronically within twenty business days following the later of the insurer's receipt of the claim or the date on which the insurer is in receipt of all information needed and in a format required for the claim to constitute a clean claim and is in receipt of all documentation which may be requested by an insurer which is reasonably needed by the insurer:


Printed Page 1423 . . . . . Thursday, February 28, 2008

(1)   to determine that such claim does not contain any material defect, error, or impropriety; or

(2)   to make a payment determination.

(C)   An insurer shall affix to or on paper claims, or otherwise maintain a system for determining, the date claims are received by the insurer. An insurer shall send an electronic acknowledgement of claims submitted electronically either to the provider or the provider's designated vendor for the exchange of electronic health care transactions. The acknowledgement must identify the date claims are received by the insurer. If an insurer determines that there is any defect, error, or impropriety in a claim that prevents the claim from entering the insurer's adjudication system, the insurer shall provide notice of the defect or error either to the provider or the provider's designated vendor for the exchange of electronic health care transactions within twenty business days of the submission of the claim if it was submitted electronically or within forty business days of the claim if it was submitted via paper. Nothing contained in this section is intended or may be construed to alter an insurer's ability to request clinical information reasonably necessary for the proper adjudication of the claim or for the purpose of investigating fraudulent or abusive billing practices.

Section 38-59-240.   (A)   For each clean claim with respect to which an insurer has directed the issuance of a check or the electronic funds transfer later than the applicable period specified in Section 38-59-230, the insurer shall pay interest in the same manner and at the same rate set forth in Section 34-31-20(A) on the balance due on each claim computed from the twenty-first or the forty-first business day, as appropriate, based on the circumstances described in Section 38-59-230, up to the date on which the insurer directs the issuance of the check or the electronic funds transfer for payment of the clean claim. At the insurer's election, interest paid pursuant to this section must be included in the claim payment check or wire transfer or must be remitted periodically, but at least quarterly, in a separate check or wire transfer along with a report detailing the claims for which interest is being paid.

(B)   No insurer has an obligation to make any interest payment pursuant to subsection (A), which was adopted:

(1)   with respect to any clean claim if within twenty business days of the submission of an original claim submitted electronically or within forty business days of an original claim submitted via paper, a


Printed Page 1424 . . . . . Thursday, February 28, 2008

duplicate claim is submitted while the adjudication of the original claim is still in process;

(2)   to any participating provider who balance bills a plan member in violation of the participating provider's agreement with the insurer;

(3)   with respect to any time period during which a force majeure prevents the adjudication of claims; or

(4)   when payment is made to a plan member.

Section 38-59-250.   (A)(1)   An insurer shall initiate any overpayment recovery efforts by sending a written notice to the provider at least thirty business days prior to engaging in the overpayment recovery efforts, other than for recovery of duplicate payments or other similar adjustments relating to:

(a)   claims where a provider has received payment for the same services from another payor whose obligation is primary; or

(b)   timing or sequence of claims for the same insured that are received by the insurer out of chronological order in which the services were performed.

(2)   The written notice required by this section shall include:

(a)   the patient's name;

(b)   the service date;

(c)   the payment amount received by the provider; and

(d)   a reasonably specific explanation of the change in payment.

(B)   An insurer may not initiate overpayment recovery efforts more than eighteen months after the initial payment was received by the provider; however, this time limit does not apply to the initiation of overpayment recovery efforts:

(1)   based upon a reasonable belief of fraud or other intentional misconduct;

(2)   required by a self-insured plan; or

(3)   required by a state or federal government program.

Section 38-59-260.   The requirements of this article do not apply to claims that are processed under any national account delivery program in which an insurer participates but is not solely responsible for the processing and payment of the claims or claims for services under a program offered or sponsored by any state or federal governmental entity other than in its capacity as an employer, or both.

Section 38-59-270.   The Department of Insurance shall enforce of the provisions of this article. If, after due notice and hearing, the Director of the Department of Insurance or his designee determines that


Printed Page 1425 . . . . . Thursday, February 28, 2008

an insurer has failed to meet the obligations imposed by this article, he shall order the insurer to cease and desist from the practice, to correct any errant business practices, and to make any payments due, including applicable interest. If an insurer does not comply with the order within thirty days, the director or his designee may then impose a penalty as provided in Section 38-2-10. Nothing in this article may be construed to create a private right of action to enforce the specific provisions of this article."
SECTION   2.   Section 38-71-230 (B) and (C) of the 1976 Code are amended to read:

"(B)   An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a licensed physician in South Carolina must accept the standardized HCFA CMS 1500 claim form, or its successor as it may be amended from time to time. An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a hospital licensed in South Carolina shall accept the standardized UB 82 04 claim form, or its successor as it may be amended from time to time.

(C)   The HCFA CMS 1500 or the UB 82 04 claim form or the successor of each or as either may be amended from time to time may be altered only with a customized logo which must appear in the top portion of the claim form one inch vertical from the top."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   This act takes effect one year after approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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


Printed Page 1426 . . . . . Thursday, February 28, 2008

Rep. SCARBOROUGH explained the Bill.

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

H. 3674--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LOWE, with unanimous consent, it was ordered that H. 3674 (Word version) be read the third time tomorrow.

S. 668--POINT OF ORDER

The following Bill was taken up:

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

POINT OF ORDER

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

H. 4594--POINT OF ORDER

The following Bill was taken up:

H. 4594 (Word version) -- Reps. Sandifer, Cato, Huggins, McLeod, Toole, Walker, R. Brown and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR AND TO PROVIDE EXCEPTIONS; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER


Printed Page 1427 . . . . . Thursday, February 28, 2008

THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.

POINT OF ORDER

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

H. 4350--POINT OF ORDER

The following Bill was taken up:

H. 4350 (Word version) -- Rep. Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-26 SO AS TO DEFINE THE TERM "LANDSCAPE SERVICE" AND TO PROVIDE THAT A PERSON WHO PROVIDES A LANDSCAPE SERVICE ON A PARCEL OR REAL ESTATE BY VIRTUE OF AN AGREEMENT WITH THE OWNER OF THE REAL ESTATE, AND TO WHOM A DEBT IS DUE FOR HIS PERFORMANCE OF THE LANDSCAPING SERVICE, HAS A MECHANICS' LIEN ON THE REAL ESTATE TO SECURE PAYMENT OF DEBT DUE TO HIM.

POINT OF ORDER

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


Printed Page 1428 . . . . . Thursday, February 28, 2008

H. 4065--POINT OF ORDER

The following Bill was taken up:

H. 4065 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE PROBATE COURT, SO AS TO ADD THE WORD "GENERAL" BEFORE "PERSONAL REPRESENTATIVES" IN CONNECTION WITH FORMAL PROCEEDINGS FOR THEIR APPOINTMENT.

POINT OF ORDER

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

H. 4345--POINT OF ORDER

The following Bill was taken up:

H. 4345 (Word version) -- Reps. W. D. Smith and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-515 SO AS TO PROVIDE THAT UNDER THE STATE REVENUE APPEALS PROCEDURE, A TAXPAYER IS CONSIDERED TO HAVE EXHAUSTED HIS PREHEARING REMEDY WHEN THE DEPARTMENT OF REVENUE FAILS TO ISSUE A PROPOSED ASSESSMENT OR DETERMINATION WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE TAXPAYER MUST REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT WITHIN A SPECIFIED PERIOD, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT MAY REMAND THE CASE TO THE DEPARTMENT OF REVENUE FOR A PROPOSED ASSESSMENT, DETERMINATION ON A REFUND CLAIM, OR FINAL AGENCY DETERMINATION, IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TAXPAYER MAY REQUEST THE ADMINISTRATIVE LAW COURT PLACE THE CONTESTED CASE BACK ON THE COURT'S ACTIVE DOCKET WITHIN A SPECIFIED PERIOD, AND TO REQUIRE THE DEPARTMENT OF REVENUE NOTIFY A TAXPAYER WHO


Printed Page 1429 . . . . . Thursday, February 28, 2008

FILES A WRITTEN PROTEST UNDER THIS CHAPTER OF HIS RIGHTS UNDER THIS SECTION.

POINT OF ORDER

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

H. 4578--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

POINT OF ORDER

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

S. 110--POINT OF ORDER

The following Bill was taken up:

S. 110 (Word version) -- Senators Thomas, Elliott, Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 22, TITLE 17 AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO


Printed Page 1430 . . . . . Thursday, February 28, 2008

AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE.

POINT OF ORDER

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

S. 1005--POINT OF ORDER

The following Bill was taken up:

S. 1005 (Word version) -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.

POINT OF ORDER

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

S. 1109--POINT OF ORDER

The following Joint Resolution was taken up:

S. 1109 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 1431 . . . . . Thursday, February 28, 2008

POINT OF ORDER

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

H. 3912--POINT OF ORDER

The following Bill was taken up:

H. 3912 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.


Printed Page 1432 . . . . . Thursday, February 28, 2008

POINT OF ORDER

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

H. 3906--POINT OF ORDER

The following Bill was taken up:

H. 3906 (Word version) -- Reps. Witherspoon and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-125 SO AS TO REQUIRE A DENTAL LABORATORY THAT PERFORMS DENTAL TECHNOLOGICAL WORK OUTSIDE OF THIS STATE TO EMPLOY A PERSON WHO IS REGISTERED BY THE STATE BOARD OF DENTISTRY TO AUTHORIZE SUCH WORK BASED ON THE PRESCRIPTION OF A DENTIST LICENSED IN THIS STATE, TO REQUIRE THE LABORATORY TO PROVIDE INFORMATION CONCERNING THE LOCATION IN WHICH THE WORK WAS PERFORMED, AND TO REQUIRE THE LABORATORY TO PROVIDE A LIST OF THE MATERIALS USED IN THE WORK; AND TO AMEND SECTION 40-15-280, RELATING TO WORK AUTHORIZATIONS FOR DENTAL TECHNOLOGICAL WORK, SO AS TO REQUIRE THE INVOICE FOR A PRESCRIPTION TO INCLUDE THE CERTIFICATE NUMBER OF THE PERSON EMPLOYED BY THE LABORATORY WHICH IS TO PERFORM THE WORK.

POINT OF ORDER

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

H. 4334--POINT OF ORDER

The following Bill was taken up:

H. 4334 (Word version) -- Reps. J. M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss and Mulvaney: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 1433 . . . . . Thursday, February 28, 2008

CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

POINT OF ORDER

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

H. 3803--POINT OF ORDER

The following Bill was taken up:

H. 3803 (Word version) -- Reps. Haley and Kirsh: A BILL TO AMEND SECTION 40-13-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE PROFESSION OF COSMETOLOGY, SO AS TO DELETE REFERENCES TO CERTAIN PRACTICES THAT CONSTITUTE THE PRACTICE OF COSMETOLOGY.

POINT OF ORDER

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

H. 4759--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4759 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-27-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS COVERED UNDER THE PROVISIONS OF THE "INSURERS REHABILITATION AND LIQUIDATION ACT", SO AS TO PROVIDE THAT CHAPTER 27, TITLE 38 DOES NOT APPLY TO CERTAIN ASSOCIATIONS DEFINED IN SECTION 38-38-730; TO AMEND SECTION 38-38-430, RELATING TO THE


Printed Page 1434 . . . . . Thursday, February 28, 2008

GOVERNANCE OF FRATERNAL BENEFIT SOCIETIES BY CHAPTER 38, TITLE 38, SO AS TO PROVIDE THAT CERTAIN ASSOCIATIONS IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL ARE EXEMPTED FROM THE PROVISIONS OF CHAPTER 38; AND TO AMEND SECTION 38-38-730, RELATING TO EXEMPTION FROM THE REGULATION OF CERTAIN ASSOCIATIONS AND SOCIETIES BY THE DEPARTMENT OF INSURANCE, SO AS TO ADD A CERTAIN ASSOCIATION IN WHICH MEMBERS ARE ACTIVE OR RETIRED MILITARY OFFICERS OR ENLISTED PERSONNEL.

Rep. SCARBOROUGH explained the Bill.

The question then recurred to the passage of the Bill.

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

Yeas 108; Nays 0

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Davenport              Delleney
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Herbkersman            Hiott
Hodges                 Hosey                  Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe

Printed Page 1435 . . . . . Thursday, February 28, 2008

Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--108

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber during the roll call vote on H. 4759. I wish to be recorded as voting in favor of this Bill.

Rep. Don C. Bowen

H. 4759--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that H. 4759 (Word version) be read the third time tomorrow.

H. 4767--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4767 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND


Printed Page 1436 . . . . . Thursday, February 28, 2008

ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

H. 4680--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. W. D. SMITH, with unanimous consent, it was ordered that H. 4680 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4783 (Word version) -- Reps. Hagood, Cato, Harvin, Hutson, Brantley, Anthony, Battle, Herbkersman, Hodges, Hosey, Leach, Littlejohn, Mahaffey, Moss and Williams: A BILL TO AMEND SECTION 40-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO DEFINE "INTERN ARCHITECT"; TO AMEND SECTION 40-3-115, RELATING TO THE AUTHORITY OF THE BOARD OF ARCHITECTURAL EXAMINERS OVER LICENSEES AND FORMER LICENSEES, SO AS TO PROVIDE THAT SUCH AUTHORITY EXTENDS OVER UNLICENSED INDIVIDUALS AND TO FURTHER CLARIFY THIS AUTHORITY; TO AMEND SECTION 40-3-120, RELATING TO FINES THAT MAY BE IMPOSED BY THE BOARD, SO AS TO INCREASE FROM TEN THOUSAND DOLLARS TO TWENTY THOUSAND DOLLARS


Printed Page 1437 . . . . . Thursday, February 28, 2008

THE MAXIMUM AMOUNT OF TOTAL FINES THAT THE BOARD MAY IMPOSE; TO AMEND SECTION 40-3-240, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE THAT APPLICATION FEES ARE NONREFUNDABLE AND THAT APPLICANTS MUST BE ENROLLED AND PARTICIPATING IN AN INTERN DEVELOPMENT PROGRAM; TO AMEND SECTION 40-3-250, AS AMENDED, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION REQUIREMENTS, SO AS TO FURTHER CLARIFY REQUIRED CONTINUING EDUCATION TOPICS AND TO REQUIRE REGISTRANTS TO COMPLY WITH AUDIT DEADLINES AND REQUIREMENTS; TO AMEND SECTION 40-3-280, RELATING TO ARCHITECTS AND ARCHITECTURAL FIRMS HAVING A SEAL, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC SEAL AND SIGNATURE; AND TO AMEND SECTION 40-3-290, RELATING TO EXEMPTIONS FROM CHAPTER 3, TITLE 40, SO AS TO SPECIFY THAT ENGINEERS ARE NOT SUBJECT TO THIS CHAPTER, TO FURTHER SPECIFY WHICH FARM BUILDINGS, BUILDINGS LESS THAN THREE STORIES HIGH, AND DETACHED SINGLE FAMILY OR TWO-FAMILY DWELLINGS DO NOT REQUIRE THE SERVICES OF AN ARCHITECT, AND TO PROVIDE THAT ARCHITECTURAL SERVICES ARE NOT REQUIRED FOR ALTERATIONS AND RENOVATIONS TO BUILDINGS THAT DO NOT INCREASE THE AREAS OR CAPACITIES OF BUILDINGS BEYOND THAT GOVERNED BY THIS CHAPTER, THAT DO NOT AFFECT THE STRUCTURAL SAFETY OF THE BUILDING, OR THAT DO NOT CHANGE THE BUILDING'S ACCESS OR EXIT PATTERN.
Referred to Committee on Labor, Commerce and Industry

H. 4784 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 36, TITLE 12 SO AS TO INCREASE THE SALES AND USE TAX BY AN ADDITIONAL ONE PERCENT; BY ADDING SECTION 11-11-158 SO AS TO PROVIDE THAT THE REVENUE DERIVED FROM THIS ADDITIONAL ONE PERCENT SALES AND USE TAX MUST BE DEPOSITED IN A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND TO BE KNOWN AS THE "PROPERTY TAX REDUCTION FUND" AND TO PROVIDE FOR THE MANNER IN WHICH AND


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PURPOSES FOR WHICH REVENUES MAY BE DISPERSED FROM THE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM THE PROPERTY TAX, SO AS TO EXEMPT ALL OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ELIGIBLE FOR AND RECEIVING THE HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR DISABLED OR BLIND PROVIDED FOR BY SECTION 12-37-250; TO FURTHER AMEND SECTION 12-37-220, AS AMENDED, RELATING TO GENERAL EXEMPTIONS FROM THE PROPERTY TAX, SO AS TO EXEMPT THE DIFFERENCE BETWEEN THE PURCHASE PRICE OR FAIR MARKET VALUE OF A PIECE OR PARCEL OF REAL PROPERTY UPON ITS SALE OR TRANSFER AND THE PRESENT PROPERTY TAX VALUATION OF THE PROPERTY FROM THE PROPERTY TAX; AND BY ADDING SECTION 12-37-271 SO AS TO PROVIDE FOR REIMBURSEMENT TO COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS FOR THE REVENUE LOST AS A RESULT OF THE FULL HOMESTEAD EXEMPTION PROVIDED ABOVE, AND TO PROVIDE THAT THE BALANCE OF THE REVENUES IN ANY YEAR REMAINING IN THE PROPERTY TAX REDUCTION FUND SHALL BE DISTRIBUTED TO THE SEVERAL COUNTIES OF THIS STATE ON A PER CAPITA BASIS AND USED TO PROVIDE PROPERTY TAX CREDITS AGAINST COUNTY OPERATING AND DEBT SERVICE MILLAGE FOR PROPERTY ASSESSED AT A FOUR OR SIX PERCENT ASSESSMENT RATIO NOT OTHERWISE EXEMPT.
Referred to Committee on Ways and Means

H. 4785 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 50-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF THE PROCEEDS OF THE SALE OF TIMBER LOCATED ON SPECIFIED LANDS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2008, TWENTY-FIVE PERCENT OF THE REVENUE DERIVED FROM THE SALE BY THE DEPARTMENT OF NATURAL RESOURCES OF TIMBER MUST BE PAID BY THE STATE TREASURER TO THE


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GENERAL FUND OF THE SCHOOL DISTRICT IN WHICH THE LANDS ARE LOCATED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4786 (Word version) -- Reps. Spires, Lowe, Brantley, Huggins, Allen, Duncan, Frye, Haley, Jefferson, Leach, Littlejohn, Mitchell, Moss and D. C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 71, TITLE 38 SO AS TO ENACT THE "PHARMACY PATIENT PROTECTION ACT", TO PROVIDE FOR THE LICENSURE AND REGISTRATION OF PHARMACY BENEFIT MANAGERS, PROVIDE FOR THE REQUIREMENTS OF A CERTIFICATE OF REGISTRATION, AND PROVIDE FOR THE CONDITIONS UNDER WHICH A PRESCRIPTION BENEFITS MANAGER SHALL OPERATE; TO REQUIRE CERTAIN FINANCIAL AND UTILIZATION INFORMATION BE MADE AVAILABLE FOR REVIEW; TO PROVIDE REQUIREMENTS FOR RECORD KEEPING; TO PROVIDE FOR PRICING GUIDELINES THAT MUST BE USED; TO PROVIDE THAT A PHARMACY BENEFITS MANAGER MAY NOT DISCRIMINATE WHEN CONTRACTING WITH PHARMACIES ON THE BASIS OF CO-PAYMENTS OR DAYS OF SUPPLY; AND TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO MAKE RULES AND PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3496--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3496 (Word version) -- Reps. G. M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G. R. Smith, F. N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott,


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Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D. C. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE

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DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO

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SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRAIL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A

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BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE , SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVER'S WHOSE LICENSES HAVE BEEN SUSPENDED.

Reps. G. M. SMITH and CRAWFORD proposed the following Amendment No. 1A (Doc Name COUNCIL\DKA\3821CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-1-10 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-10.   For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:

(1)   'Driver' means every person who drives or is in actual physical control of a vehicle.

(2)   'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is


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exercising control over or steering a vehicle being towed by a motor vehicle.

(3)   'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

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

(5)   'State' means a state, territory, or possession of the United States and the District of Columbia.

(6)   'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.

(7)   'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8)   'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9)   'Nonresident' means every person who is not a resident of this State.

(10)   'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.

(11)   'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.

(12)   'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.

(13)   'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's


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driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14)   'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15)   'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16)   'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17)   'Alcohol concentration' means:

(a)   the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b)   as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18)   'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.

(19)   'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface.

(20)   'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.

(21)   'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.

(22)   'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is


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used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.

(23)   'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.

(24)   'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION   2.   Section 56-1-286 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-286.   (A)   The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, or 56-5-2930, or 56-5-2933 arising from the same incident.

(B)   A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.

(C)   A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe reasonable suspicion that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.

A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe reasonable suspicion that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.


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(D)   A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division South Carolina Criminal Justice Academy, using methods approved by the division pursuant to SLED policies. The primary investigating officer may administer the test if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Blood samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State. However, if the person is subsequently convicted of violating Section 56-5-2930 or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.

The person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood tests is not admissible against the person in any proceeding. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the officer. The officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance shall, at a minimum, include providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If


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the medical facility obtains the blood sample but refuses or fails to test the blood to determine the person's alcohol concentration, SLED must test the blood and provide the result to the person and to the officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.

(E)   A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administering of tests at the direction of the primary investigating officer are immune from civil and criminal liability unless the obtaining of samples or the administering of tests is performed in a negligent, reckless, or fraudulent manner. A person may not be required by the officer ordering the tests to obtain or take any sample of blood or urine.

(F)   If a person refuses upon the request of the primary investigating officer to submit to chemical tests as provided in subsection (C), the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:

(1)   six months; or

(2)   one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.

(G)   If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:

(1)   three months; or

(2)   six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.

(H)   A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension


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

(I)   A test may not be administered or samples taken unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed in writing that:

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

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

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

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

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

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

(J)   If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of


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suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and a temporary alcohol restricted license must not be issued. If the person drives a motor vehicle during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(K)   Within thirty days of the issuance of the notice of suspension the person may:

(1)   obtain a temporary alcohol restricted license by filing with the department a form for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses. The temporary alcohol restricted license allows the person to drive a motor vehicle without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and

(2)   request an administrative hearing.

At the administrative hearing if:

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

(b)   the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.

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


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

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

(O)   An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days stating the reasons why the hearing was not held within thirty days and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:

(1)   was lawfully arrested or detained;

(2)   was advised in writing given a written copy of and verbally informed of the rights enumerated in subsection (I);

(3)   refused to submit to a test pursuant to this section; or

(4)   consented to taking a test pursuant to this section, and the:

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

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

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

(d)   the machine was operating properly.

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


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

(P)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal shall stay the suspension until a final decision is issued.

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

(R)   When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

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

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

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

(V)   Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than eight one-hundredths of one percent."
SECTION   3.   Section 56-1-748 of the 1976 Code is amended to read:


Printed Page 1453 . . . . . Thursday, February 28, 2008

"Section 56-1-748.   No person issued a restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C), or Section 56-5-2951 shall subsequently be eligible for issuance of a special restricted driver's license under these provisions."
SECTION   4.   Section 56-5-2930 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:

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

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

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

(3)   under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this subsection is guilty of the offense of driving while impaired and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

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

(2)   for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual


Printed Page 1454 . . . . . Thursday, February 28, 2008

complete an appropriate term of public service employment of not less than thirty days upon terms and conditions the court considers proper;

(3)   for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years; or

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

(B)   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is at least eight one-hundredths of one percent, but less than ten one-hundredths of one percent. A person who violates the provisions of this subsection is guilty of the offense of driving with an unlawful alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

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

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

(3)   for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years; or

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

(C)   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is at least ten one-hundredths of


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one percent but less than sixteen one-hundredths of one percent. A person who violates the provisions of this subsection is guilty of the offense of operating a motor vehicle with an unlawful and high alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

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

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

(3)   for a third offense, by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years; or

(4)   for a fourth or subsequent offense, by imprisonment for not less than two years nor more than six years.

(D)   It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is sixteen one-hundredths of one percent or more. A person who violates the provisions of this subsection is guilty of the offense of driving a motor vehicle with an unlawful and gross alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

(1)   for a first offense, by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment The minimum thirty days imprisonment or public service employment must


Printed Page 1456 . . . . . Thursday, February 28, 2008

be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged under this item may be tried in magistrate's court;

(2)   for a second offense, by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ninety days upon terms and conditions the court considers proper;

(3)   for a third offense, by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or

(4)   for a fourth or subsequent offense, by imprisonment for not less than three years nor more than seven years.

(E)   No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a third or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

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

(G)   For the purposes of this chapter a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, subsections (A), (B), (C), and (D), or prohibits a person from operating a motor vehicle with an unlawful alcohol concentration, including but not limited to the former Section


Printed Page 1457 . . . . . Thursday, February 28, 2008

56-5-2933 constitutes a prior offense of subsections (A), (B), (C), and (D) of this section.

Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

(H)   Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.

(I)   One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.

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

(K)   A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this


Printed Page 1458 . . . . . Thursday, February 28, 2008

community service as a factor in determining if the applicant successfully has completed services. For a first offense, the court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.

(L)   A person charged for a violation of subsection (A) may be prosecuted pursuant to subsection (B), (C), or (D) if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and reasonable suspicion existed to justify the traffic stop. A person may not be prosecuted for both a violation of subsection (A) and a violation of subsection (B), (C), or (D) for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including the following:

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

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

(3)   whether or not the person was given a written copy of and informed of the rights enumerated in Section 56-5-2950;

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

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

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

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

(d)   machine was working properly.

(M)   The provisions of this section must not be construed as limiting the introduction of any evidence bearing upon the case on behalf of the State or defendant.

(N)   A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.

(O)   Nothing contained in this section prohibits the introduction of:


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

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

(a)   evidence of field sobriety tests;

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

(c)   evidence of the person's driving;

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

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

At trial, a person charged with a violation of this section is allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.

(P)   For the purpose of Section 56-5-2930, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court."
SECTION   5.   Section 56-5-2934 of the 1976 Code is amended to read:

"Section 56-5-2934.   Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor. The portion of compulsory process provided for in this


Printed Page 1460 . . . . . Thursday, February 28, 2008

section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.

In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired."
SECTION   6.   Section 56-5-2942 of the 1976 Code is amended to read:

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

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

(C)   Upon sentencing receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court department must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the Department of Motor Vehicles of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized determine all vehicles registered to the convicted person, both solely and jointly, and suspend all vehicles registered to the person.

(D)   Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the


Printed Page 1461 . . . . . Thursday, February 28, 2008

person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.

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

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

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

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

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

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

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

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


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

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

(J)   The court must assess a fee of forty A fee of fifty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles.

(K)   For purposes of this article, a conviction of or plea of nolo contendere to former Section 56-5-2933 is considered a prior offense of Section 56-5-2930."
SECTION   7.   Section 56-5-2945(A) and (B) of the 1976 Code is amended to read:

"(A)   A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony the offense of felony driving under the influence and upon conviction must be punished:

(1)   by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;

(2)   by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.


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A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.

(B)   As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The Department of Motor Vehicles must suspend the driver's license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a term period of imprisonment incarceration plus three years for a conviction of Section 56-5-2945 when 'great bodily injury' occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, or supervised furlough community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently."
SECTION   8.   Section 56-5-2950 of the 1976 Code is amended to read:

"Section 56-5-2950.   (a)(A)   A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs, the officer may order that a urine sample be taken for testing. A breath sample taken for testing must be collected within two hours of the arrest. Any additional tests to collect other samples must be collected within three hours of


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the arrest. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the Department of Public Safety South Carolina Criminal Justice Academy, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one- hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.

(B)   No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed in writing that:

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

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

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

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

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

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


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reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

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

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

SLED must administer the provisions of this subsection and must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. However, if the person is subsequently convicted of violating Section 56-5-2930 or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.

(F)   A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be


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required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.

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

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

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

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

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

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

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

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


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(e)(J)   Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence of any tests results, if the trial judge or hearing officer finds that such this failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure and the court trial judge or hearing officer rules specifically as to the manner in which the failure materially affected the accuracy or reliability of the test results or the fairness of the procedure.

(f)(K)   If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at an administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."
SECTION   9.   Section 56-5-2951 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-5-2951.   (A)   The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(B)   Within thirty days of the issuance of the notice of suspension, the person may:

(1)   obtain a temporary alcohol restricted license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains


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in effect until the Department of Motor Vehicles issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (H); and

(2)   request an administrative hearing.

At the administrative hearing if:

(a)   the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;

(b)   the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.

The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.

(C)   The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.

(D)   If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).

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

(F)   An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days, stating the reasons why the hearing was not held within thirty days, and providing a schedule date for the hearing. If the Division of Motor Vehicle


Printed Page 1469 . . . . . Thursday, February 28, 2008

Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a hearing date, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:

(1)   was lawfully arrested or detained;

(2)   was advised in writing given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;

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

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

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

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

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

(d)   the machine was working properly.

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

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

(G)   An administrative hearing is a contested case proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal stays the suspension until a final decision is issued on appeal.

(H)(1)   If the suspension is upheld at the administrative hearing, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 and may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license permits him to drive only to and from


Printed Page 1470 . . . . . Thursday, February 28, 2008

work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from the Alcohol Drug Safety Action Program classes or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, or location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.

(2)   If the department issues a special restricted driver's license, it must designate reasonable restrictions on the times during which and routes on which the individual may operate drive a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program, or residence must be reported immediately to the department by the licensee.

(3)   The fee for a special restricted driver's license is one hundred dollars, but no additional fee may be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund, and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

(4)   The operation of Driving a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.     /

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


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(a)(1)   ninety days six months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or

(b)(2)   thirty days two months for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.

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

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

(K)   When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.

(L)   The department must not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.


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

(N)   An insurer may not increase premiums on, or add surcharges to, or cancel the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other another law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug based solely on the violation unless he is convicted of the violation.

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

(P)   If a person does not request an administrative hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved a certified Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department must designate reasonable restrictions on the times during which and routes on which the individual may operate drive a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special


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restricted driver's license is valid until the person successfully completes an approved a certified Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION   10.   Section 56-5-2953 of the 1976 Code is amended to read:

"Section 56-5-2953.   (A)   A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site videotaped video recorded.

(1)(a)   The videotaping video recording at the incident site must:

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

(b)(ii)   include the person being advised of his Miranda rights before any field sobriety tests are administered, if the tests are administered.; and

(iii)   include the arrest of a person for a violation of Section 56-5-2930, or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights.

(b)   A refusal to take a field sobriety test does not constitute disobeying a police command.

(2)   The videotaping video recording at the breath test site must:

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

(b)   must include the reading of Miranda rights, the entire breath test procedure, the person being informed that he is being videotaped video recorded, and that he has the right to refuse the test;

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

(d)(c)   must also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to


Printed Page 1474 . . . . . Thursday, February 28, 2008

videotape video record this waiting period. However, if the arresting officer administers the breath test, the person's conduct during the twenty-minute pre-test waiting period must be videotaped.

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

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

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


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

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

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

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


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once the breath test site is equipped with a videotaping video recording device."
SECTION   11.   Section 56-5-2954 of the 1976 Code is amended to read:

"Section 56-5-2954.   The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. These records must be electronically recorded. These records, including any and all remarks, must be entered into a breath testing device and subsequently made available on the State Law Enforcement Division website. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."
SECTION   12.   Section 1-23-600 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:

"Section 1-23-600.   (A)   A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony must be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published but are available for public inspection unless confidentiality is allowed or required by law.

(B)   An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those arising under the Occupational Safety and Health Act, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court. Unless otherwise


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provided by statute, the standard of proof in a contested case is by a preponderance of the evidence.

(C)   All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.

(D)   An administrative law judge also shall preside over all appeals from final decisions of contested cases pursuant to the Administrative Procedures Act, Article I, Section 22, Constitution of the State of South Carolina, 1895, or another law, except that an appeal from a final order of the Public Service Commission and the State Ethics Commission is to the Supreme Court or the court of appeals as provided in the South Carolina Appellate Court Rules, an appeal from the Procurement Review Panel is to the circuit court as provided in Section 11-35-4410, an appeal from the Workers' Compensation Commission is to the circuit court as provided in Section 42-17-60, and an appeal from the Employment Security Commission is to the circuit court as provided in Section 41-35-750.

(E)   Notwithstanding another provision of law, a state agency authorized by law to seek injunctive relief may apply to the Administrative Law Court for injunctive or equitable relief pursuant to Section 1-23-630. The provisions of this section do not affect the authority of an agency to apply for injunctive relief as part of a civil action filed in the court of common pleas.

(F)   Notwithstanding another provision of law, the Administrative Law Court has jurisdiction to review and enforce an administrative process issued by a department of the executive branch of government, as defined in Section 1-30-10, such as a subpoena, administrative search warrant, cease and desist order, or other similar administrative order or process. A department of the executive branch of government authorized by law to seek an administrative process may apply to the chief administrative law judge or his designee to issue or enforce an administrative process. A party aggrieved by an administrative process issued by a department of the executive branch of government may apply to the chief administrative law judge for relief from the process as provided in the Rules of the Administrative Law Court.

(G)(1)   This subsection applies to timely requests for a contested case hearing pursuant to this section of decisions by departments


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governed by a board or commission authorized to exercise the sovereignty of the State.

(2)   A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; matters not affected by the request may not be stayed by the filing of the request. Requests for contested case hearings challenging only the amount of fines or penalties must be deemed not to affect those portions of orders imposing substantive requirements.

(3)   The general rule of subsection (G)(2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.

(4)   After a contested case is initiated before the Administrative Law Court, any party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection.

(5)   A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court, the court of appeals, or in cases when Section 1-23-610(A) applies, the appropriate board or commission.

(6)   Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court.

(H)   If a petition for judicial review of a final order of the Administrative Law Court is not filed appealed in accordance with the provisions of Section 1-23-600, upon request of a party to the proceedings, the clerk of the Administrative Law Court must file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court."
SECTION   13.   Section 1-23-660 of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:

"Section 1-23-660.   There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The Chief Judge of the Administrative Law Court shall serve as the Director of the


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Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court shall prescribe. All employees of the division shall serve at the will of the chief judge. The chief judge is solely responsible for the administration of the division, the assignment of cases, and the administrative duties and responsibilities of the hearing officers and staff. Notwithstanding another provision of law, the chief judge also has the authority to promulgate rules governing practice and procedures before the division. These rules are subject to review as are the rules of procedure promulgated by the Supreme Court pursuant to Article V of the South Carolina Constitution. Notwithstanding the foregoing, and in addition to the assistant provided for in Section 1-23-580(B), the Administrative Law Court must hire and supervise a law clerk or other assistant solely to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals. The law clerk or other assistant must be selected by a majority of the judges who hear Department of Motor Vehicle Hearing appeals. The position must be funded from the appropriations to hear cases from the Department of Motor Vehicles and shall be filled before the support staff of the division shall assume their functions and duties with the court.

The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs and officer who requested a breath test and any law enforcement agency that employs a person who acted as a breath test


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operator resulting in a suspension pursuant to Section 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for enforcement and administration of those rules and for the issuance of advisory opinions on the requirements of those rules for administrative law judges and hearing officers pursuant to the procedures contained in Section 8-13-230. Notwithstanding another provision of law, an administrative law judge or hearing officer, and the judge's or hearing officer's spouse or guest, may accept an invitation to and attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, the legal system, or the administration of justice. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings of all hearings will be made part of the record on appeal, along with all evidence introduced at hearings, and copies will be provided to parties to those appeals at no charge. The chief judge shall not hear any appeals from these decisions. Nonetheless, the chief judge is not disqualified from, and remains responsible for, adjudicating cases under Section 1-23-600."
SECTION   14.   Section 56-1-1090 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:

"Section 56-1-1090.   No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a)   for a period of five years from the date of a final decision by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate hearing officer of the Division of Motor Vehicle Hearings unless the period is reduced to two years as permitted in item (c);

(b)   until financial responsibility requirements are met;

(c)   until, upon petition to the Division of Motor Vehicle Hearings and for good cause shown, the hearing officer may restore to


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the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe in accordance with regulations promulgated pursuant to this section, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after two years have expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the hearing officer. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled. The department must promulgate regulations to implement the provisions of this section as provided by Article 1, Chapter 23 of Title 1. The regulations must set forth the terms and conditions under which the habitual offender suspension period may be reduced."
SECTION   15.   Section 56-5-2949 of the 1976 Code is amended to read:

"Section 56-5-2949.   In addition to availability under the Freedom of Information Act, any South Carolina Law Enforcement Division policy, procedure, or regulation concerning breath alcohol testing, or breath site videotaping, or ignition interlock video recording which is in effect on or after July 1, 2000, shall must be made publicly accessible on the SLED internet web site. A policy, procedure, or regulation may be removed from the SLED web site only after five years from the effective date of the subsequent revision."
SECTION   16.   Section 17-22-50 of the 1976 Code is amended to read:

"Section 17-22-50.   (A)   A person must not be considered for intervention if:

(1)   he previously has been accepted into an intervention program; or

(2)   the person is charged with:

(a)   blackmail;

(b)   driving under the influence of intoxicating liquor or drugs or driving with an unlawful alcohol concentration;


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(c)   a traffic-related offense which is punishable only by fine or loss of points;

(d)   a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;

(e)   a crime of violence as defined in Section 16-1-60; or

(f)   an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

(B)   However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION   17.   Section 56-1-365(F) of the 1976 Code is amended to read:

"(F)   If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days six months after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day six-month period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."
SECTION   18.   Section 56-1-430 of the 1976 Code is amended to read:

"Section 56-1-430.   Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such conviction shall act as a supersedeas so as to preclude for a period of sixty days six months from the date of conviction, any such suspension or revocation."
SECTION   19.   Section 38-77-140 of the 1976 Code, as last amended by Act 395 of 2006, is further amended to read:

"Section 38-77-140.   (A)   An automobile insurance policy may not be issued or delivered in this State to the owner of a motor vehicle or may not be issued or delivered by an insurer licensed in this State upon a motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor


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vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(1)   twenty-five thousand dollars because of bodily injury to one person in any one accident and, subject to the limit for one person;

(2)   fifty thousand dollars because of bodily injury to two or more persons in any one accident; and

(3)   twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

(B)   However, when a person has been convicted of a second or subsequent offense of a crime contained in Section 56-5-2930, the automobile insurance policy must provide liability protection with the following minimum limits:

(1)   one hundred thousand dollars because of bodily injury to one person in any one accident;

(2)   three hundred thousand dollars because of bodily injury to two or more persons in any one accident; and

(3)   three hundred thousand dollars because of an aggregate of bodily injury and destruction of property of others.

(C)   Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION   20.   Section 56-9-550 of the 1976 Code is amended to read:

"Section 56-9-550.   (A)   Proof of financial responsibility may be furnished by filing with the Department of Motor Vehicles the written certificate or notice by magnetic or electronic media in a manner satisfactory to the department of any insurance carrier authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or notice shall give the date of the motor vehicle liability policy, which must be the same as the effective date of the certificate or notice and shall designate by explicit description or by appropriate reference all motor vehicles covered, unless the policy is issued to a person who is not the owner of a motor vehicle. The policy must be written for a minimum term of six months. A certificate or notice of insurance shall remain in full force and effect for a period of at least ninety days unless the certificate or notice is canceled by the insurance company for some reason other than nonpayment of premium. Should a certificate or notice of insurance be canceled after ninety days for nonpayment of premium, the insurance company issuing the certificate or notice immediately shall notify the


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department that the reason for cancellation is for nonpayment of premium. Should a certificate or notice of insurance be canceled for any reason other than for nonpayment of premium, the insurance company issuing the certificate or notice immediately shall notify the department that the cancellation is not for nonpayment of premium. The department may refuse acceptance of the certificate or notice of insurance required under this section if the certificate or notice is filed:

(1)   by an agent or company found to be in violation of any of the provisions of this chapter; or

(2)   for a person who previously has had a certificate or notice canceled for nonpayment of premium, unless the policy under which the certificate or notice is issued is certified to be noncancellable for a period of one year for nonpayment of premium.

No motor vehicle may be or may continue to be registered in the name of a person required to file proof of financial responsibility unless the motor vehicle is designated in the certificate or notice.

(B)   When a person has been convicted of a second or subsequent offense of Section 56-5-2930, the person must provide proof that a motor vehicle liability policy for the benefit of the person is in effect with the following minimum limits:

(1)   one hundred thousand dollars because of bodily injury to one person in any one accident;

(2)   three hundred thousand dollars because of bodily injury to two or more persons in any one accident; and

(3)   three hundred thousand dollars because of an aggregate of bodily injury and destruction of property of others.

Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements."
SECTION   21.   Sections 56-5-2933, 56-5-2940, and 56-5-3000 are repealed.
SECTION   22.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.


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SECTION   23.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   24.   This act takes effect at 12:00 p.m. on February 10, 2009. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.

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

Yeas 108; Nays 1

Those who voted in the affirmative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Davenport
Delleney               Edge                   Erickson
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Herbkersman
Hiott                  Hodges                 Hosey
Howard                 Huggins                Hutson

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Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--108

Those who voted in the negative are:

Rutherford

Total--1

So, the amendment was adopted.

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

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4662 (Word version) -- Reps. Walker, Harrell, Whitmire, Toole, Gullick, Spires, Hiott, Bannister, J. R. Smith, Loftis, Ballentine, Pinson, Cotty, Brady, Bedingfield, Hardwick, Edge, Herbkersman, Lowe, Crawford, Limehouse, Hamilton, G. R. Smith, Harrison, Duncan, Bowen, Huggins, Mahaffey, Erickson, Leach, Owens, Frye, Rice, Hutson,


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Bingham, Haskins, Littlejohn, Cato, Chalk, Clyburn, Cooper, Dantzler, Davenport, Delleney, Gambrell, Kelly, Lucas, Merrill, Moss, Neilson, E. H. Pitts, Sandifer, Scarborough, Shoopman, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Talley, Taylor, Umphlett, Viers, White, Witherspoon, Young, Barfield, Knight, Miller, Battle, Perry, Bales, Phillips, J. M. Neal, R. Brown and Whipper: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, SO AS TO REVISE THE MANNER IN WHICH SCHOOLS ARE ASSESSED AND ACCREDITED, TO PROVIDE FOR DESIGNATION TO SIGNIFY VARYING LEVELS OF SCHOOL ACADEMIC PERFORMANCE, AND TO REVISE AND FURTHER PROVIDE FOR OTHER RELATED PROVISIONS REGARDING EDUCATION ACCOUNTABILITY.

H. 4734--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4734 (Word version) -- Reps. Mahaffey and Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 129 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 29 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 85 "SERGEANT SHAWN F. HILL MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT SHAWN F. HILL MEMORIAL HIGHWAY".

Whereas, Sergeant Shawn F. Hill of the Town of Wellford died on January 2, 2008, in Khowst Province, Afghanistan, of wounds suffered when his vehicle encountered an improvised explosive device; and

Whereas, he was assigned to Company A, 178th Engineer Battalion, 218th Infantry Brigade, South Carolina Army National Guard, Rock Hill, South Carolina; and

Whereas, Sergeant Hill served the South Carolina National Guard for more than twelve years with honor and distinction; and


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Whereas, this was his second tour of duty. His first tour of duty was to Iraq from 2004 to 2005; and

Whereas, Sergeant Hill was a 1990 graduate of J. F. Byrnes High School in Duncan where he was a defensive lineman on the football team, a member of the wrestling team, and also ran track; and

Whereas, he received numerous awards and commendations for his military service which include the Bronze Star Medal, Purple Heart, Army Good Conduct Award, National Defense Service Medal, Global War on Terrorism Service Medal, South Carolina Guardsmen's Medal of Valor, and the South Carolina Meritorious Service Medal; and

Whereas, it is fitting and proper for the members of the General Assembly to forever pay tribute to the ultimate sacrifice that this son of South Carolina made in defense of his country by naming a portion of South Carolina Highway 129 in Spartanburg County in his honor. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request that the Department of Transportation name the portion of South Carolina Highway 129 in Spartanburg County from its intersection with South Carolina Highway 29 to its intersection with Interstate Highway 85 "Sergeant Shawn F. Hill Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Sergeant Shawn F. Hill Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4744--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4744 (Word version) -- Reps. Crawford, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland,


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G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 13, 2008, FROM 12:00 NOON TO 1:00 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

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

That the members of the South Carolina General Assembly, by this resolution, authorize Palmetto Boys State to use the Senate and House Chambers on Friday, June 13, 2008, from 12:00 noon to 1:00 p.m. for its annual State House meeting. If either House is in statewide session, the Chamber of that House may not be used.

Be it further resolved that the State House Security Forces provide such assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House and Senate Chambers by Palmetto Boys State on this date.

The Concurrent Resolution was adopted and sent to the Senate.


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S. 1127--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1127 (Word version) -- Senators Leventis, Hutto, Cromer, Short, Knotts, Leatherman, Courson, Drummond and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF REVENUE IN EXERCISING ITS ADMINISTRATIVE DISCRETION WITH RESPECT TO THE PENALTY THAT IT MAY IMPOSE ON A TAX PREPARER FOR FAILURE TO SUBMIT TAX RETURNS ELECTRONICALLY WHERE REQUIRED TO DELAY IMPOSING A PENALTY BEFORE RETURNS DUE TO BE FILED AFTER DECEMBER 31, 2008, AND TO REQUEST THE DEPARTMENT TO FORGIVE AND REFUND ANY PENALTIES IMPOSED FOR FAILURE TO COMPLY BEFORE THAT DATE.

Whereas, in Section 20 of Act 161 of 2005, Section 12-54-250 of the 1976 Code was amended by adding a new subsection (F) to that section; and

Whereas, Section 12-54-250(F) required tax preparers who prepare one hundred or more returns to submit those returns electronically or using a 2D barcode where these methods are available; and

Whereas, compliance issues have arisen that should be reflected in the Department of Revenue's enforcement of this new requirement; and

Whereas, pursuant to the terms of Section 12-54-250(F) of the 1976 Code, the imposition of the noncompliance penalty of fifty dollars for each return is within the discretion of the Department of Revenue. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Revenue in exercising its administrative discretion with respect to the penalty that it may impose on a tax preparer for failure to submit tax returns electronically where required to delay imposing a penalty before returns due to be filed after December 31, 2008, and to request the


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department to forgive and refund any penalties imposed for failure to comply before that date.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Ray N. Stevens, Director of the Department of Revenue, Post Office Box 125, Columbia, South Carolina 29214.

The Concurrent Resolution was adopted and sent to the Senate.

Rep. KNIGHT 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. 4712 (Word version) -- Reps. Neilson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2008.


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H. 4748 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE, CELEBRATE, AND COMMEND THE CAMDEN FIRST UNITED METHODIST CHURCH UPON THE OCCASION OF ITS TENTH ANNIVERSARY AS A COMBINED CHURCH, AND TO WISH ITS FAITHFUL CONGREGATION AND PASTOR MANY MORE YEARS OF SERVICE TO GOD AND THEIR CHURCH.

H. 4765 (Word version) -- Rep. Brady: A CONCURRENT RESOLUTION TO CONGRATULATE E. SIMS FLOYD, JR., CERTIFIED ASSOCIATION EXECUTIVE OF COLUMBIA UPON BEING CHOSEN THE 2007 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.

ADJOURNMENT

At 11:30 a.m. the House, in accordance with the motion of Rep. ERICKSON, adjourned in memory of Holly Jean Cummings Konoza of Beaufort, to meet at 10:00 a.m. tomorrow.

***

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