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

Tuesday, May 11, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 62:8: "Trust in Him at all times, O people; pour out your heart before Him; God is a refuge for us."
Let us pray. Father in Heaven, help us when we don't know. Guide and direct these Representatives and staff with Your mighty arm that they may always do right and trust in You as their advisor. Provide this body with the tools to accomplish the work set before them. Bless our President and Governor and those who surround them. Shield our defenders of freedom with Your mighty arm, and comfort those who wait at home. In Your name we pray. Amen.

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

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

MOTION ADOPTED

Rep. COATES moved that when the House adjourns, it adjourn in memory of Cathryn Shirley, mother-in-law of Representative McGee, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Jennings whose mother, Elizabeth Jennings, is seriously ill in the hospital.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 7, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4272:

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

The Report of the Committee of Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.

Very respectfully,
President
Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 5221 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH OLD FURNACE ROAD TO ITS INTERSECTION WITH CLARK/BIBLE CHURCH ROAD "NOLEN RYAN HUTCHINGS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "NOLEN RYAN HUTCHINGS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 5222 (Word version) -- Reps. Townsend, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE HARRY CARL STILLE OF DUE WEST FOR OVER A DECADE OF OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND AS A DEDICATED MEMBER OF THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, Representative Harry C. Stille will retire in June of 2004 having represented the citizens of Abbeville and Anderson Counties composing House District 11 since 1993; and
Whereas, Dr. Stille's colleagues in the House of Representatives were deeply saddened to learn that he is not seeking reelection to the House of Representatives in 2004; and
Whereas, born in West Long Branch, New Jersey, on June 12, 1929, he obtained his Bachelor of Arts Degree in 1952 and his Master's Degree in 1956 from the University of Kentucky and earned his Doctorate of Education from the University of Alabama in 1974; and
Whereas, a retired professor and coach after thirty years of service at Erskine College, Dr. Stille is also a successful businessman, founder of the Stille Company, Inc., and an inventor with two United States patents; and
Whereas, he began his career in public service in 1961 as a council member, then as Mayor of the Town of Due West from 1962 to 1985, and again as a council member from 1985 to 1992; and
Whereas, Dr. Stille also served on the Abbeville County Development Board, Governor James Edward's Solid Waste Advisory Council, and Governor Richard Riley's Rural Development Advisory Council; and
Whereas, he served as a volunteer fireman, President of the South Carolina Small Towns Association, Treasurer of the South Carolina Driver and Traffic Safety Education Association, President of the Higher Education Research/Policy Center, as a municipal court judge, and as a deacon of Due West AR Presbyterian Church; and
Whereas, in recognition of his life's work in education and coaching, Dr. Stille was inducted into the Erskine College Athletic Hall of Fame in 1982 and the NAIA Baseball Hall of Fame in 1986; and
Whereas, Dr. Stille is a member of the American Legion and proudly served his country in the United States Army from 1952 to 1954; and
Whereas, Dr. Stille is a devoted family man with a loving wife, the former Mary Rebecca Crawford, and together they raised three wonderful children, Suzette, Brand Reid, and Fronde Davis; and
Whereas, as a member of the House of Representatives, Dr. Stille distinguished himself on the House Education and Public Works Committee where he served with distinction as the Chairman of the Higher Education Subcommittee; and
Whereas, he is universally known, respected, and admired for his generous and kind nature and will be remembered as a person whose ability, intelligence, and humility have served the State well for many years; and
Whereas, the House of Representatives is pleased to express its deepest appreciation for his loyal and selfless public service as an elected representative and to note his numerous contributions, particularly in the area of education, during his service and to extend to him an invitation to continue to coach the House softball team which he has done with much success over the years. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable Harry Carl Stille of Due West for over a decade of outstanding service as a member of the South Carolina House of Representatives and as a dedicated member of the House Education and Public Works Committee and wish him well in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to our good friend and distinguished colleague, Dr. Harry Stille.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5223 (Word version) -- Rep. Neilson: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND THE BYRDTOWN FIRE STATION IN HARTSVILLE, SOUTH CAROLINA, ON THE OCCASION OF ITS TWENTY-FIFTH ANNIVERSARY, TO THANK THE MEMBERS FOR ALL THEY DO FOR THEIR COMMUNITY, AND TO EXTEND BEST WISHES TO THE FIRE DEPARTMENT IN THE FUTURE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5224 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE ACCOMPLISHMENTS OF REVEREND LEANDER WEST, JR. AS HE APPROACHES HIS FOURTEENTH ANNIVERSARY AS PASTOR OF MOUNT ZION BAPTIST CHURCH IN BLYTHEWOOD, AND TO EXPRESS APPRECIATION FOR HIS LEADERSHIP, GUIDANCE, AND DEDICATION.

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

HOUSE RESOLUTION

The following was introduced:

H. 5225 (Word version) -- Reps. E. H. Pitts and Koon: A HOUSE RESOLUTION TO CONGRATULATE MARO K. ROGERS UPON HER RETIREMENT FROM EDUCATION AFTER FORTY-ONE YEARS OF SERVICE AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5226 (Word version) -- Reps. Townsend, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION EXTENDING THE SINCEREST GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THEIR COLLEAGUE, THE HONORABLE JOEL LOURIE OF RICHLAND COUNTY, FOR HIS PASSIONATE SERVICE IN THE HOUSE AND TO THE STATE AND OFFERING THEIR BEST WISHES FOR CONTINUED SUCCESS IN HIS BUSINESS, CIVIC, AND PERSONAL ENDEAVORS.

Whereas, the Honorable Joel Lourie has served in the South Carolina House of Representatives since 1999, ably representing the interests of his constituents in Richland County and this State; and

Whereas, during that tenure he has become one of the most insistent voices raised on behalf of those South Carolinians who sometimes feel they have no voice; and

Whereas, his most recent legislative efforts have taken aim at protecting South Carolina motorists and car passengers, children born with birth defects, victims of domestic violence, recipients of long term care, and even abused animals; and

Whereas, in only three legislative sessions, he is responsible for new laws on the South Carolina books protecting the public by requiring criminal records checks of adult caregivers, making it a felony to steal a controlled substance and increasing regulation of the prescribing and dispensing of controlled substances, and ensuring patient privacy in connection with prescribed medications; and

Whereas, South Carolina is a better place to live as a result of his reasoned and considered concern for its people; and

Whereas, Joel Lourie always had the time and the heart for political service, in addition to his deep commitment to Beth Shalom Synagogue and his family, wife Rebecca and children Rachel and Sam; and
Whereas, this man of faith and family, who has served his district and the citizens of South Carolina with honor and quiet passion, now gives up his seat in this Chamber to pursue other avenues for service. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives hereby extend their sincerest gratitude to their colleague, the Honorable Joel Lourie of Richland County, for his passionate service in the House and to the State and offer their best wishes for continued success in his business, civic, and personal endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Joel Lourie.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
Referred to Committee on Education and Public Works

S. 1218 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2854, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Emory
Freeman                Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Trotter
Umphlett               Vaughn                 Viers
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 11.

Creighton Coleman                 Dwight Loftis
Tracy Edge                        Lonnie Hosey
Chip Huggins                      Bessie Moody-Lawrence
Jerry Govan                       G. Murrell Smith
Leon Howard                       Richard Quinn
David Weeks                       Daniel Tripp
Gloria Haskins                    Gary Simrill
Alex Harvin                       Joseph Neal
Robert Harrell                    Becky Martin

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. PERRY a leave of absence for the week to attend the NCSL meeting in Nevada.

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence for the day due to illness in the family.

S. 496--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 18.

Rep. SCARBOROUGH moved to table the motion, which was agreed to.

Reps. SCOTT, LLOYD, KOON, BALES, STILLE, E. H. PITTS, BREELAND, R. BROWN and MAHAFFEY requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.

Rep. CHELLIS explained the Bill.

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.

Rep. HARRISON explained the Bill.

S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SINCLAIR explained the Joint Resolution.

H. 5119--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3933DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 41-35-120(2) of the 1976 Code is amended to read:

"(2)   Discharge for cause connected with the employment.

(a) If the commission finds that he has been discharged for cause connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing not less than five nor more than the next twenty-six weeks, (in addition to the waiting period), with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification. The ineligibility period must be determined by the commission in each case according to the seriousness of the cause for discharge. A charge of discharge for cause connected with the employment may not be made for failure to meet production requirements unless the failure is occasioned by wilful failure or neglect of duty. 'Cause connected with the employment' as used herein shall require in this item requires more than a failure in good performance of the employee as the result of inability or incapacity.

(b)   An insured worker is considered to have been discharged for cause pursuant to this item, and is ineligible for benefits if the:

(i)   company has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and

(ii)   insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or

(iii)   insured worker makes an admission to the employer that he uses, has used, or is using illegal drugs; or that he uses, has used, or is using legal drugs unlawfully. For purposes of this item, 'unlawfully' means without a prescription, or outside the scope of that prescribed by a board-certified physician; or

(iv)   insured worker provides a blood, hair, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs, provided:

(A)   the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and

(B)   the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, the State Law Enforcement Division, or another recognized authority; and

(C)   any initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse.

(c)   Notwithstanding the provisions of item (2)(b)(iii), if an insured worker makes an admission as defined in it pursuant to the employer's policy, which provides that voluntary admissions made before the employer's request to the employee to submit to testing may protect an employee from immediate termination, then the admission is inadmissible for purposes of this section as long as the:

(A)   employer has communicated a written policy, which provides protection from immediate termination for employees who voluntarily admit prohibited drug use before the employer's request to submit to a test; and

(B)   employee makes the admission specifically pursuant to the employer's policy.

(d)   Information, interviews, reports, and drug-test results, written or otherwise, received by an employer through a drug-testing program may be used or received in evidence in proceedings conducted pursuant to the provisions of this title for the purposes of determining eligibility for unemployment compensation, including any administrative or judicial appeal."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. SCOTT moved to adjourn debate on the Bill until Wednesday, May 12, which was agreed to.

H. 5094--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.

Rep. SCOTT proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7311AHB04), which was tabled:
Amend the bill, as and if amended, Section 61-6-1555, as contained in SECTION 1, page 1, line 30, by inserting after / company / the following:

/ incorporated in South Carolina /
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. ALTMAN spoke against the amendment.

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

Reps. SCOTT, HOSEY, MOODY-LAWRENCE, J. BROWN, LLOYD, BALES, LITTLEJOHN and MACK requested debate on the Bill.

H. 4869--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN STORAGE COSTS TO BE RECOVERED FROM THE PROCEEDS OF THE SALE OF THE VEHICLES, AND TO PROVIDE THAT COSTS ASSOCIATED WITH TOWING AND STORAGE OF CERTAIN STOLEN VEHICLES MAY BE RECOVERED UPON THE COURT'S ORDER OF RESTITUTION; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING PROCEDURES, SO AS TO PROVIDE THAT CERTAIN FEES MAY BE RECOVERED BY A TOWING OR STORAGE OPERATOR EVEN THOUGH HE HAS FAILED TO PROVIDE A LAW ENFORCEMENT AGENCY A LIST DESCRIBING THE VEHICLES OR OTHER PROPERTY THE AGENCY HAS REQUESTED TO BE TOWED, TO REVISE THE AMOUNT OF STORAGE COSTS THAT MAY BE CHARGED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROCEDURE TO NOTIFY OWNERS AND LIENHOLDERS OF VEHICLES, TO REVISE THE PROCEDURE TO ALLOW THE STORAGE FACILITY TO RELEASE CERTAIN ITEMS CONTAINED IN A STORED VEHICLE TO ITS OWNER, AND TO PROVIDE A PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO FOLLOW WHEN THEY STORE VEHICLES ON THEIR PREMISES FOR SALE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF UNCLAIMED VEHICLES AND THE DISPOSITION OF THE PROCEEDS FROM THEIR SALE, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, CHANGE A CODE REFERENCE, AND TO PROVIDE THAT THE MAGISTRATE SHALL NOTIFY CERTAIN PERSONS THAT THEY MAY CLAIM THE PROCEEDS FROM THE SALE OF A VEHICLE INSTEAD OF THE PROPRIETOR, OWNER, OR OPERATOR OF A STORAGE PLACE; TO AMEND SECTION 56-5-5850, AS AMENDED, RELATING TO THE ATTACHMENT OF COLORED TAGS ON CERTAIN VEHICLES THAT ARE LEFT UNATTENDED ON A HIGHWAY OR PUBLIC OR PRIVATE PROPERTY, SO AS TO PROVIDE THAT THE COLORED TAG SHALL SERVE AS THE ONLY LEGAL NOTICE THAT THE VEHICLE WILL BE REMOVED TO A DESIGNATED PLACE TO BE SOLD IF THE VEHICLE IS NOT REMOVED WITHIN A CERTAIN PERIOD OF TIME, AND TO DELETE ALL PROVISIONS THAT RELATE TO NOTICE REQUIREMENTS BEFORE THE VEHICLE IS SOLD AND THE SALE OF THE VEHICLE; AND TO AMEND SECTION 56-19-840, RELATING TO REQUIRING AN OPERATOR OF A PLACE OF BUSINESS FOR GARAGING, REPAIRING, PARKING, OR STORING CERTAIN VEHICLES TO REPORT UNCLAIMED VEHICLES IN HIS POSSESSION TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE REPORT MAY BE SUBMITTED BEFORE THE EXPIRATION OF THE REPORTING PERIOD, BUT NOT AFTER THE PERIOD EXPIRES, AND TO REVISE THE DEFINITION OF THE TERM "UNCLAIMED".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12444CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 16-11-760 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 16-11-760.   (A)   It is unlawful for a person to park a motor-driven or other vehicle on the private property of another without the owner's consent,. If the property is for commercial use, the owner shall post a notice in a conspicuous place on the borders of the property near each entrance prohibiting this parking. Proof of the posting is deemed and taken as notice conclusive against the person making entry.

(B)   A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525.

(C)   If the vehicle is not claimed by the owner, lienholder, or their agent, as provided by Section 56-5-5635(D), the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored.

(D)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars and not exceeding one hundred dollars or imprisoned not exceeding thirty days. This punishment is in addition to the other remedies which are authorized in this section."
SECTION   2.   Section 29-15-10 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 29-15-10.   (A)   It is lawful for any proprietor person, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who makes repairs upon any article under contract or furnishes any material for the repairs, or his designee or agent to sell the property as provided in this section.

(B)   When property has been left at his shop for repairs or storage, and after the completion of these repairs or the expiration of the storage contract, and the article has been continuously retained in his possession, the property may be sold at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that the repairs have been completed or storage charges are due. The property must be sold by a magistrate of the county in which the work was done or the vehicle or thing was stored.

(C)   Storage costs may not be charged that have accrued before the notification of the owner and lienholder, until the owner and lienholder have been notified by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale.

(D)   Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall cause a records search to be made and shall supply, at no cost to the facility, the name of the state in which the vehicle is titled.

(E)   The magistrate, before selling the property, shall ensure that any lienholder of record has been notified of the pending sale, and the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the office of the clerk of court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who sells the property is entitled to receive the same commissions as allowed by law for the sale of personal property by constables.

(F)   When the value of the property repaired or stored does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public auction to the highest bidder upon the expiration of thirty days after written notice has been given to the owner of the property that the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost of it has been from the time of the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. The sale must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten a.m. on the first Monday of the first month after the thirty days' notice has been given and the true result of the sale must be immediately made known to the original owner of the article sold by notice addressed to the last known address of the owner.

(G)   A magistrate may not set or establish additional procedural requirements beyond those required by and contained in this section."
SECTION   3.   Section 56-5-2525 of the 1976 Code is amended to read:

"Section 56-5-2525.   Any A towing company which tows away another's a person's motor vehicle without the owner's his knowledge and stores it shall immediately notify the police department of the municipal corporation where such the vehicle was parked or the sheriff or county police department in counties having such departments if the vehicle was parked outside the limits of a municipal corporation of the location from which the vehicle was towed, the name of the company which towed it and the place where it is stored.

Any A towing company failing to give such this notice within one hour of the time the vehicle was towed away shall is not be entitled to any compensation for the towing and storing operations. The provisions of this section shall must be posted in a conspicuous place in all public areas on the premises of the towing company. The law enforcement agency that receives this notice must create a report and furnish the towing company with its document number. Notification is not required when the towing is done at the direction of a law enforcement officer."
SECTION   4.   Section 56-5-5630 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5630.   (a)(A)(1)   For purposes of this section, 'vehicle' means any a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing, and storage, repair, or any other reason that the property of any person, corporation, or business is towed or left in the possession of another either at the direction of a law enforcement officer, or for any other reason by anyone who may legally cause this storage and applies to any vehicle in custody at the time of the enactment of this section. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.

(2)   When an abandoned vehicle has been taken into custody, the storage place having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered United States mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must describe the year, make, model, and serial number of the vehicle, set forth where the vehicle is being held, inform the owner and all lienholders of the right to reclaim the vehicle within fifteen thirty days after the date of the notice, return receipt requested, upon payment of all towing, preservation, and storage charges, and associated legal fees resulting from placing the vehicle or other property in custody, and state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle or other property within the time provided is deemed a waiver by the owner and lienholders of all right, title, and interest in the vehicle or other property and consent to the sale of the vehicle or other property at a public auction. If a vehicle has been towed pursuant to the provisions of this section, payment to the owner or operator of the towing service shall accept as payment for the release of the vehicle the same manner of payment that the owner or operator of the towing service would accept if the owner of the vehicle had requested his vehicle towed.

(b)(B)   If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered mail. Storage costs accrued from the original storage date to the date of the sale of the vehicle may be recovered from the proceeds of the sale as provided by Section 56-5-5640.

(c)(C)   A lienholder is not subject to a penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or servant or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. An owner of a vehicle which has been stolen and after that abandoned, as defined by this article, is not liable for any charges or penalties imposed in this section, otherwise all charges or penalties are the responsibility of the last registered owner. A vehicle is deemed to be stolen when the registered owner notifies a police officer and the report is accepted and carried on the records of the sheriff or chief of police as a stolen vehicle. Within ten days of the tow, the law enforcement agency that requested the tow shall provide the towing company, at no cost to the storage operator, the current owner's name, address, and the name and address of all lienholders of record along with the make, model, vehicle identification number, or a description of the object. A law enforcement agency is not liable for the costs or fee associated with the towing and storage of a vehicle or other property as provided by this section.

(D)   Costs associated with the towing and storage of a stolen vehicle at the request of a law enforcement agency may be recovered upon the court's order of restitution following a conviction or guilty plea of the person who stole the vehicle."
SECTION   5.   Section 56-5-5635 of the 1976 Code, as added by Act 71 of 2003, is amended to read:

"Section 56-5-5635.   (A)   Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, shall use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a motor vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is deemed a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle or other property, unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.

(B)   Within ten days following a law enforcement's towing request, the towing or storage operator or owner shall provide to the sheriff or chief of police a list describing the vehicles or other property remaining in their possession. Failure to provide the law enforcement agency this list, the towing and storage owner or operator forfeits recovery of all costs associated with towing and storage of the vehicle or other property any storage fees that have accrued from the date of towing until the date of mailing of notification of the owner and all lienholders by certified or registered United States mail, return receipt requested. Upon receipt of this list, the sheriff or chief of police shall provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms within ten days and must be at no cost to the storage operator. The storage place having towed or received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the vehicle has been taken into custody.

(C)   If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the towing or storage owner or operator shall provide notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.

(D)   Before the property may be sold, the facility must apply to the Department of Motor Vehicles for the name and address of any owner and lienholder. The application must be on the prescribed forms required by the department. If the vehicle has an out-of-state registration, an application also must be made to that state's department of motor vehicles. When the vehicle is not titled in this State and does not have a registration from another state, the facility may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall cause a records search to be made and shall supply, at no cost to the facility, the name of the state in which the vehicle is titled.

(E)   The proprietor, owner, or operator of a storage place, garage, or towing service, who has towed and stored a vehicle or object has a lien against the vehicle or object, and its contents, and any personal property affixed to the vehicle, and may have the vehicle or object and its contents sold at public auction pursuant to Section 29-15-10, and may hold the license tag of any vehicle until all towing and storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address as provided by Section 56-5-5635(B). The lienholder of record must be notified, return receipt requested, of all reasonable towing charges and any storage costs that will accrue from the date the certified letter is mailed. Notification to the owner and lienholder must occur within five days, after receiving their identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs may not be charged until the notice is mailed. Fifteen Thirty days after the notice is mailed, return receipt requested, and the vehicle or object and its contents are not reclaimed, the vehicle or object and its contents are considered abandoned and may be sold by the magistrate pursuant to the procedures in Section 29-15-10.

(E)(F)   The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage. The storage facility shall release any prescription medications, child car safety seats, personal or legal papers, or information needed to prove ownership of the vehicle.

(G)   When a law enforcement agency stores a vehicle at its facility, it shall follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where a vehicle or article is stored for sale. A law enforcement agency is exempt from paying any court filing fees in these matters."
SECTION   6.   Section 56-5-5640 of the 1976 Code, as last amended by Act 71 of 2003, is further amended to read:

"Section 56-5-5640.   If an abandoned vehicle has not been reclaimed as provided for in Section 56-5-5630, the proprietor, owner, or operator of the storage place, or their designee, may have the abandoned vehicle sold at a public auction pursuant to the provisions of Section 29-15-10. The purchaser of the vehicle shall take title to it free and clear of all liens and claims of ownership, shall receive a magistrate's bill order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The bill order of sale at the sale must shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 56-5-563029-15-10 must be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale must be held for the owner of the vehicle or entitled lienholder for ninety days. The proprietor, owner, or operator of the storage place, or their designee, shall notify the owner and all lienholders by certified or registered United States mail, return receipt requested, that the vehicle owner or lienholder has ninety days to claim the proceeds from the sale of the vehicle. If the vehicle proceeds are not collected after ninety days from the date the notice to the owner and all lienholders is mailed, then the vehicle proceeds must be deposited in the general fund of the county or municipality."
SECTION   7.   Section 56-5-5850 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-5-5850.   (a)   When any vehicle is left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, an officer may place a colored tag on the vehicle which shall be notice to the owner, the person in possession of the vehicle, or any lienholder that it may be considered to be derelict or abandoned and is subject to forfeiture to the State.

The colored tag shall serve as the only legal notice that the vehicle will be removed to a designated place to be sold, if the vehicle is not removed by the owner or person in control of the property within forty-eight hours if it is located on a highway, or seven days if it is located on other public property from the date the tag is placed on the vehicle. These vehicles must be disposed of pursuant to the provisions contained in Sections 29-15-10 and 56-5-5635.

(b)   The colored tag shall serve as the only legal notice that, if the vehicle is not removed within:

(1)   forty-eight hours if located on a highway, or

(2)   seven days if located on other public or private property from the date of the tag; it will be removed to a designated place to be sold. After the vehicle is removed, the political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered and any lienholder of record. Notification shall include that the vehicle is being held, designating the place where it is being held, and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the general fund of the political subdivision.

(c)   If the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of vehicles. Twenty days after date of publication an advertised vehicle may be sold.

(d)   Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model, and serial number of the motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.

(e)   The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."
SECTION   8.   Section 56-19-840 of the 1976 Code is amended to read:

"Section 56-19-840.   An operator of a place of business for garaging, repairing, parking, or storing vehicles for the public in which a vehicle remains unclaimed for a period of thirty days shall, within five days after the expiration of that period, report the vehicle as unclaimed to the department. Such The report shall be on a form prescribed by the department.
A towing or storage operator may submit the form before the thirty-day period expires.

A vehicle left by its owner whose name and address are known to the operator or his employee is not considered "unclaimed." A vehicle is considered to be unclaimed when its owner has not reclaimed it. A person who fails to report a vehicle as unclaimed in accordance with this section forfeits all claims and liens for its garaging, parking, or storing."
SECTION   9.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. SINCLAIR explained the amendment.

Reps. COATES, MCGEE, OTT, CEIPS, HOWARD, TOOLE, M. A. PITTS, LLOYD, E. H. PITTS, J. BROWN, BRANHAM, BATTLE, MILLER, R. BROWN, MOODY-LAWRENCE and HOSEY requested debate on the Bill.

H. 5210--DEBATE ADJOURNED

Rep. BALES moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted:

H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.

H. 4591--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.

Rep. BAILEY proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10259SJ04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-34.   It is unlawful to hunt migratory waterfowl in the cove on Lake Marion immediately to the southeast of the Indian Bluff Recreation Site and in the coves on Lake Marion immediately to the east of the St. Julien Subdivision Extension and Cypress Shores Marina, respectively. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars or by imprisonment for a term not exceeding thirty days.   The department shall delineate the boundaries of these coves to which the prohibition applies and shall place appropriate markers within these boundaries identifying the area as closed to migratory waterfowl hunting." /
Renumber sections to conform.
Amend title to conform.

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

Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10262SJ04), which was adopted:
Amend the bill, as and if amended, Section 50-3-410(A)(17) and (18) as contained in SECTION 4, by deleting the items in their entirety and inserting:

/ (17)   inhumane treatment to animals, Section 47-1-40." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

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

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".
Ordered for consideration tomorrow.

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

H. 5205 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 6 FROM THE POINT WHERE IT MERGES WITH SOUTH CAROLINA HIGHWAY 45 IN THE TOWN OF EUTAWVILLE TO THE BERKELEY COUNTY LINE AS THE "DANNY BELL MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5227 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE ALLISON MUNN OF COLUMBIA AND HER TALENT AS AN ACTRESS AS SHE PERFECTS HER CRAFT AND PURSUES HER DREAMS BY STARRING IN THEATRE, MOVIES, AND TELEVISION AND TO WISH HER CONTINUED SUCCESS IN HER CHOSEN FIELD OF ACTING.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5228 (Word version) -- Reps. M. A. Pitts, Duncan, Taylor, Parks, McLeod, Pinson and Stille: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE WILLIAM TOWNES JONES IV, SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT UPON HIS RETIREMENT AFTER NINETEEN YEARS OF SERVICE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

The following was introduced:

H. 5229 (Word version) -- Rep. Coates: A HOUSE RESOLUTION CONGRATULATING BURNADENE YARBOROUGH KELLEY ON THE OCCASION OF THE BREAKING OF GROUND FOR THE CONSTRUCTION OF HER NEW SIX THOUSAND SQUARE FOOT FACILITY TO HOUSE KELLEY'S FINE ARTS IN LAKE CITY, AND THANKING HER FOR MAKING AVAILABLE HER HIGHLY TOUTED DANCE PROGRAM AS WELL AS OTHER ARTS TO THE CITIZENS OF THE AREA.

The Resolution was adopted.

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

ADJOURNMENT

At 1:10 p.m. the House, in accordance with the motion of Rep. COATES, adjourned in memory of Cathryn Shirley, mother-in-law of Representative McGee, to meet at 10:00 a.m. tomorrow.

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