Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, I have redrafted a poem by Hartsell Wilson, which the late Alabama Coach "Bear" Bryant carried in his wallet, into a stewardship prayer for today.
Let us pray.

Father, You have given us another day to use as we wish.

"We can waste it or use it for good.

This day is very important to us. We are exchanging a day of our lives for it. When tomorrow comes, this day and its opportunities will be gone forever, leaving something in its place I have traded for it.

We want this day to be a gain not a loss... a day for good not evil... success not failure, in order that we shall not forget the price we paid for it".

So let it be, Lord, for us... today!
Amen.

At 11:53 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3814 (Word version) -- Reps. W.D. Smith, Delleney, F.N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Chief Judge, Court of Appeals, Seat #5.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Kaye G. Hearn had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Kaye G. Hearn in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kaye G. Hearn had been elected to the position of Chief Judge, Court of Appeals, Seat #5 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fifth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable G. Thomas Cooper, Jr. had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable G. Thomas Cooper, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Thomas Cooper, Jr. had been elected to the position of Judge, Fifth Judicial Circuit, Seat #3 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Thirteenth Judicial Circuit, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Larry R. Patterson had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Larry R. Patterson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Larry R. Patterson had been elected to the position of Judge, Thirteenth Judicial Circuit, Seat #3 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fourteenth Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jackson V. Gregory had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Jackson V. Gregory in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jackson V. Gregory had been elected to the position of Judge, Fourteenth Judicial Circuit, Seat #2 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, Fifteenth Judicial Circuit, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paula H. Thomas had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Paula H. Thomas in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Paula H. Thomas had been elected to the position of Judge, Fifteenth Judicial Circuit, Seat #2 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #1.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John M. Milling had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable John M. Milling in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John M. Milling had been elected to the position of Judge, Circuit Court, At-Large, Seat #1 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #2.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable R. Markley Dennis, Jr. had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable R. Markley Dennis, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable R. Markley Dennis, Jr. had been elected to the position of Judge, Circuit Court, At-Large, Seat #2 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #3.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Clifton Newman had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Clifton Newman in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Clifton Newman had been elected to the position of Judge, Circuit Court, At-Large, Seat #3 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #6.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James E. Lockemy had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable James E. Lockemy in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James E. Lockemy had been elected to the position of Judge, Circuit Court, At-Large, Seat #6 for the term prescribed by law.

Senator McCONNELL indicated that Judge Lockemy has been called to active duty and is the first circuit court judge to be activated since Senator STROM THURMOND, who was called to active duty during World War II.

Senator HAYES and Representative Hayes were recognized and spoke on Judge Lockemy's military service.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #7.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable J. Cordell Maddox, Jr. had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable J. Cordell Maddox, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Cordell Maddox, Jr. had been elected to the position of Judge, Circuit Court, At-Large, Seat #7 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #8.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Kenneth G. Goode had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable Kenneth G. Goode in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Kenneth G. Goode had been elected to the position of Judge, Circuit Court, At-Large, Seat #8 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #10.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James R. Barber III had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Honorable James R. Barber III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James R. Barber III had been elected to the position of Judge, Circuit Court, At-Large, Seat #10 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the Administrative Law Judge Division, Seat #5.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Ray N. Stevens had been screened and found qualified to serve.

Senator McCONNELL placed the name of the Hon. Honorable Ray N. Stevens in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ray N. Stevens had been elected to the Administrative Law Judge Division, Seat #5 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #6.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Donald W. Beatty, the Honorable Paul E. Short and the Honorable H. Bruce Williams had been screened and found qualified to serve.

On motion of Senator McCONNELL, the name of the Honorable Paul E. Short was withdrawn from consideration.

Senator McCONNELL placed the names of the Honorable Donald W. Beatty and the Honorable H. Bruce Williams in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Beatty:

Anderson               Ford                   Glover
Grooms                 Hawkins                Hutto
Jackson                Land                   Malloy
Matthews               McGill                 Moore
Patterson              Peeler                 Pinckney
Reese                  Ritchie                Short

The following named Senators voted for Judge Williams:

Alexander              Branton                Courson
Elliott                Fair                   Giese
Gregory                Hayes                  Holland
Knotts                 Kuhn                   Leatherman
Leventis               Martin                 McConnell
Mescher                O'Dell                 Rankin
Ravenel                Richardson             Ryberg
Setzler                Smith, J. Verne        Thomas
Verdin                 Waldrep

On motion of Representative J. Brown, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Beatty:

Allen                  Anthony                Bailey
Bales                  Battle                 Bowers
Branham                Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Freeman
Gourdine               Govan                  Harrell
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Lee
Littlejohn             Lloyd                  Lourie
Mack                   Mahaffey               McCraw
McLeod                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Sandifer
Scott                  Sinclair               Smith, F.N.
Smith, J.E.            Smith, W.D.            Snow
Talley                 Thompson               Townsend
Trotter                Vaughn                 Walker
Weeks                  Whipper                White

The following named Representatives voted for Judge Williams:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cotty                  Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrison               Herbkersman
Hinson                 Huggins                Koon
Leach                  Loftis                 Lucas
Martin                 McGee                  Merrill
Owens                  Perry                  Pinson
Pitts, E.              Pitts, M.              Quinn
Rice                   Scarborough            Sheheen
Simrill                Skelton                Smith, D.C.
Smith, G.M.            Smith, J.R.            Stewart
Stille                 Taylor                 Toole
Tripp                  Umphlett               Viers
Whitmire               Wilkins                Witherspoon
Young

Total number of Senators voting                     44
Total number of Representatives voting               118
Grand Total                                       162
Necessary to a choice                               82
Of which Judge Beatty received                     84
Of which Judge Williams received                   78

Whereupon, the PRESIDENT announced that the Honorable Donald W. Beatty was elected to the position of Judge, Court of Appeals, Seat #6 for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #5.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Mr. C. Anthony Harris, Jr., Mr. H. Spencer King and Mr. J. Mark Hayes had been screened and found qualified to serve.

On motion of Senator McCONNELL, the names of Mr. C. Anthony Harris and Mr. H. Spencer King were withdrawn.

Senator McCONNELL placed the name of Mr. J. Mark Hayes in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Mark Hayes had been elected to the position of Judge, Circuit Court, At-Large, Seat #5 for the unexpired portion of the term ending June 30, 2003, and for the full term commencing July 1, 2003, as prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, At-Large, Seat #9.

Senator McCONNELL, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Reginald I. Lloyd, Mr. L. Hunter Limbaugh and Mr. Palmer Freeman, Jr. had been screened and found qualified to serve.

On motion of Senator McCONNELL, the names of Mr. Palmer Freeman, Jr. and Mr. L. Hunter Limbaugh were withdrawn from consideration.

Senator McCONNELL placed the name of Mr. Reginald I. Lloyd in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Reginald I. Lloyd had been elected to the position of Judge, Circuit Court, At-Large, Seat #9 for the unexpired portion of the term ending June 30, 2003, and for the full term commencing July 1, 2003, as prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:40 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:33 P.M. and was called to order by the PRESIDENT.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003

Charles B. Simmons, Jr., P.O. Box 2207, Greenville, S.C. 29602-2207

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 2003, and to expire June 30, 2009

Roger L. Couch, P.O. Box 5666, Spartanburg, S.C. 29301

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

Document No. 2820
Agency: Department of Public Safety
SUBJECT: Motorist Insurance Identification Database Program
Received by Lieutenant Governor April 9, 2003
Referred to Transportation Committee
Legislative Review Expiration August 7, 2003
(Subject to Sine Die Revision)

The following were received:

Document No. 2776
Agency: Board of Education
SUBJECT: Credential Classification
Received by Lieutenant Governor January 14, 2003
Referred to Education Committee
Legislative Review Expiration May 13, 2003
Revised May 29, 2003
Withdrawn and Resubmitted April 9, 2003

Document No. 2793
Agency: Board of Education
SUBJECT: Charter School Appeals
Received by Lieutenant Governor January 14, 2003
Referred to Education Committee
Legislative Review Expiration May 13, 2003
Revised May 27, 2003
Withdrawn and Resubmitted April 9, 2003

Document No. 2798
Agency: Board of Education
SUBJECT: Procedures and Standards for Review of Charter School Applications
Received by Lieutenant Governor January 15, 2003
Referred to Education Committee
Legislative Review Expiration May 14, 2003
120 Day Period Tolled
Withdrawn and Resubmitted April 9, 2003

Senator HAWKINS rose for an Expression of Personal Interest.

Senator KUHN rose for an Expression of Personal Interest.

Senator MOORE rose for an Expression of Personal Interest.

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary and place it on the Calendar for consideration tomorrow.

There was no objection.

The Bill was recalled from the committee.

H. 3904 (Word version) -- Reps. Tripp, 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, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO ALLOW THE STATES TO REGULATE INSURANCE COMPANIES, AND TO OPPOSE ANY PROPOSAL TO ESTABLISH EITHER A FEDERAL OR A BIFURCATED SYSTEM OF INSURANCE REGULATION OR TO CEDE AUTHORITY TO FEDERAL AGENCIES TO REGULATE FINANCIAL INSTITUTIONS INVOLVED IN THE BUSINESS OF INSURANCE.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee.

Senator MESCHER asked unanimous consent to adopt the Resolution and return it to the House.

There was no objection.

The Resolution was adopted and ordered returned to the House.

The following were introduced:

S. 572 (Word version) -- Senators Waldrep and Hutto: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.
l:\council\bills\dka\3424dw03.doc

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 573 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 24-13-1530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE THAT A COURT MAY SENTENCE CERTAIN OFFENDERS TO A HOME DETENTION PROGRAM AS AN ALTERNATIVE TO INCARCERATION.
l:\council\bills\swb\5354cm03.doc

Read the first time and referred to the Committee on Corrections and Penology.

S. 574 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 8-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABSENCES IN THE MILITARY, SO AS TO ADD A DEFINITION OF SHERIFF; TO AMEND SECTION 8-7-40, RELATING TO AN APPOINTMENT OF A PERSON TO FILL A TEMPORARY VACANCY, SO AS TO AUTHORIZE A SHERIFF TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE; TO AMEND SECTION 23-11-40, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO AUTHORIZE A SHERIFF TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE; AND TO AMEND SECTION 23-11-50, RELATING TO A CORONER ACTING AS SHERIFF DURING A VACANCY, SO AS TO INCLUDE A REFERENCE TO THE SHERIFF'S ABILITY TO TEMPORARILY FILL HIS OFFICE IF THE SHERIFF IS ABSENT DUE TO MILITARY SERVICE.
l:\s-jud\bills\moore\jud0088.tlm.doc

Read the first time and referred to the Committee on Judiciary.

S. 575 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND COMPOSING OF JURIES IN MAGISTRATES COURTS, SINGLE TRIALS, TRIAL TERMS, AND PEREMPTORY CHALLENGES, SO AS TO PROVIDE FOR AN INCREASE IN THE NUMBER OF JURORS DRAWN FROM THE QUALIFIED ELECTORS OF THE AREA FROM NOT LESS THAN THIRTY NAMES TO NOT MORE THAN ONE HUNDRED NAMES IN ORDER TO HAVE A SUFFICIENT NUMBER OF JURORS FROM WHICH TO DRAW A JURY LIST, TO DELETE THE PROVISION RELATING TO PEREMPTORY CHALLENGES TO JURORS DRAWN FOR A SINGLE TRIAL; TO AMEND SECTION 22-2-80, AS AMENDED, RELATING TO SELECTION OF THE JURY LIST IN MAGISTRATES COURT, SO AS TO PROVIDE FOR A SELECTION OF NOT LESS THAN THIRTY BUT NOT MORE THAN ONE HUNDRED NAMES; TO AMEND SECTION 22-2-90, AS AMENDED, RELATING TO ADDITIONAL PROCEDURES FOR SELECTION OF JURY LISTS IN COURT WHICH SCHEDULES TERMS FOR JURY TRIALS, SO AS TO PROVIDE FOR THE DRAWING OF A JURY LIST IN A MAGISTRATES COURT WHICH SCHEDULES TERMS FOR JURY TRIAL SO THAT NOT LESS THAN FORTY BUT NOT MORE THAN ONE HUNDRED JURORS' NAMES SHALL BE DRAWN TO SERVE ONE WEEK ONLY; TO AMEND SECTION 22-2-100, RELATING TO SELECTION OF PRIMARY AND ALTERNATE JURORS AND PEREMPTORY CHALLENGES, SO AS TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 22-2-120, RELATING TO SELECTION OF ADDITIONAL JURORS AT TIME OF TRIAL, SO AS TO PROVIDE THAT ADDITIONAL JURORS SHALL BE SELECTED FROM THE REMAINING NAMES OR IN THE MANNER PROVIDED IN SECTION 22-2-80 OR SECTION 22-2-100.
l:\s-jud\bills\mcconnell\jud0083.gfm.doc

Read the first time and referred to the Committee on Judiciary.

S. 576 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A UNIFORM PROCEDURE TO RETIRE THE TITLE CERTIFICATE TO CERTAIN MANUFACTURED HOMES AFFIXED TO REAL PROPERTY AND TO PROVIDE FOR THE CREATION OF A PROCEDURE BY WHICH A MANUFACTURED HOME AFFIXED TO REAL PROPERTY MAY BE SUBJECT TO A MORTGAGE ON THE REAL PROPERTY TO WHICH THE MANUFACTURED HOME IS AFFIXED.
l:\council\bills\gjk\20498sd03.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 577 (Word version) -- Senators Ritchie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SEWERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT, WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.
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Read the first time and referred to the Committee on Medical Affairs.

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.

Read the first time and referred to the Committee on Judiciary.

H. 3924 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF INTERSTATE 26 AND S. C. HIGHWAY NUMBER 27 AT EXIT 187 THE "ELLIS MACDOUGALL INTERCHANGE" IN HONOR OF THE LATE ELLIS CAMPBELL MACDOUGALL FOR HIS DEDICATION AND MANY CONTRIBUTIONS TO THE BETTERMENT OF CRIMINAL JUSTICE AND THE ADVANCEMENT OF PRISON REFORM AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. MACDOUGALL'S MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3930 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG AREA FIRE AND EMERGENCY SERVICES DISTRICT.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3938 (Word version) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, J. H. Neal, Quinn, Rutherford and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 INTERCHANGE IN THE KILLIAN COMMUNITY OF RICHLAND COUNTY IN HONOR OF THE LATE W. D. "SON" GRIMSLEY, A DISTINGUISHED COMMUNITY LEADER AND PUBLIC SERVANT, AND TO REQUEST THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. GRIMSLEY'S CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3947 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LAURENS ACADEMY "CRUSADERS" AND THEIR COACH, TOMMY SPIRES, ON WINNING THE 2003 SCISA CLASS A BOYS' BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3948 (Word version) -- Reps. Ceips and Bailey: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, OCTOBER 30, AND FRIDAY, OCTOBER 31, 2003, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, OCTOBER 29, 2003, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3951 (Word version) -- Reps. E. H. Pitts, Koon, Bingham and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL SCHOLASTIC APTITUDE TEAM ON WINNING THE 2003 CLASS AAAA STATE CHAMPIONSHIP, COMMEND THEM FOR THEIR COMMITMENT TO LEARNING AND ACADEMIC EXCELLENCE, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3952 (Word version) -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION TO COMMEND MR. GERALD R. McKAY FOR HIS OUTSTANDING SERVICE AS THE FIRST AARP MOBILE INFORMATION CENTER COORDINATOR IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3953 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO WILLIAM AND EARLENE HENDERSON OF HARTSVILLE ON THE OCCASION OF THEIR 50TH WEDDING ANNIVERSARY ON JUNE 21, 2003, AND TO WISH THEM MANY YEARS OF CONTINUED HAPPINESS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3960 (Word version) -- Rep. Freeman: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CHERAW HIGH SCHOOL "BRAVES" WRESTLING TEAM AND THEIR COACH, BRAD PORTER, FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THEIR FIRST STATE CHAMPIONSHIP IN A CRUSHING 62-15 VICTORY AT THE CLASS AA-A STATE CHAMPIONSHIP DUALS TITLE ON SATURDAY, FEBRUARY 15, 2003.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3961 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. RONALD D. BARTON OF GREENVILLE ON THE OCCASION OF CELEBRATING THIRTEEN YEARS OF MINISTERING AT SHADY OAK BAPTIST CHURCH ON MARCH 16, 2003.

The Concurrent Resolution was adopted, ordered returned to the House.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 386 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKER'S COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES SHALL APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKER'S COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKER'S COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 477 (Word version) -- Senators Ritchie, Ford and Leventis: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 516 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE DEFINITION OF "NEW JOB" TO INCLUDE JOBS MAINTAINED WHEN AN UNRELATED ENTITY ACQUIRES SUBSTANTIALLY ALL OF THE ASSETS OF A COMPANY OPERATING UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE, MORE THAN FIVE HUNDRED INDIVIDUALS ARE HIRED WHO WERE LAST EMPLOYED BY THE BANKRUPT TAXPAYER, AND THE JOBS ARE IN A MANUFACTURING FACILITY LOCATED IN A COUNTY CLASSIFIED AS DISTRESSED OR LEAST DEVELOPED.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 550 (Word version) -- Senator LEATHERMAN: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35, OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT Of OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 3078 (Word version) -- Reps. Lucas, Simrill, Coates and Cotty: A BILL TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3218 (Word version) -- Reps. Hinson, Altman, Bailey, Umphlett, Simrill, Viers, Richardson and Ceips: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD, AFTER OBTAINING THE APPROVAL OF THE STATE HOUSE COMMITTEE AS TO DESIGN AND LOCATION, TO PROCEED WITH CONSTRUCTION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS MEMORIAL ON THE GROUNDS OF THE CAPITOL COMPLEX USING STATE FUNDS PROVIDED FOR THE PURPOSE AND PRIVATE CONTRIBUTIONS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3829 (Word version) -- Rep. J.E. Smith: A JOINT RESOLUTION TO ALLOW STATE EMPLOYEES WHO ARE MEMBERS OF FEDERALIZED NATIONAL GUARD UNITS OR ACTIVATED RESERVE UNITS, OR MEMBERS OF NATIONAL GUARD OR RESERVE UNITS WHO HAVE VOLUNTEERED FOR ACTIVE DUTY TO USE UP TO FORTY-FIVE DAYS OF ACCRUED ANNUAL LEAVE IN CALENDAR YEAR 2003 AND TO ALLOW SUCH EMPLOYEES TO USE UP TO NINETY DAYS OF ACCRUED SICK LEAVE IN CALENDAR YEAR 2003 AS IF IT WERE ANNUAL LEAVE WITHOUT REGARD TO THE THIRTY-DAY LIMIT ON ANNUAL LEAVE THAT MAY BE USED IN A YEAR, AND TO PROVIDE THE MILITARY SERVICE FOR WHICH THESE PROVISIONS APPLY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3850 (Word version) -- Reps. Ceips, Gilham, Herbkersman and Lloyd: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE APRIL 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BEAUFORT, SOUTH CAROLINA, TO THE CITY OF BEAUFORT.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 3908 favorable:

H. 3908 (Word version) -- Reps. Barfield, Cato, Clemmons, Keegan, Viers, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND FOR SUPPORTING ITS EFFORTS TOWARDS THE PEACE AND STABILITY OF THE ASIAN PACIFIC REGION.

Mescher                   Holland                   Leventis
McGill                    O'Dell                    Thomas
Hayes                     Elliott                   Martin
Ryberg                    Alexander                 Richardson
Hawkins                   Reese

McConnell                 Patterson                 Short               

Ordered for consideration tomorrow.

Columbia, S.C., April 9, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:

S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)

On motion of Senator HAYES, the Senate insisted upon its amendments to S. 438 and asked for a Committee of Conference.

Whereupon, Senators HAYES, JACKSON and SHORT were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., April 9, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 8, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003

Charles B. Simmons, Jr., P.O. Box 2207, Greenville, S.C. 29602-2207
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 1, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 2003, and to expire June 30, 2009

Roger L. Couch, P.O. Box 5666, Spartanburg, S.C. 29301
Very respectfully,
Speaker of the House

Received as information.

S. 569 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO ENDORSE THE WORK OF THE SOUTH CAROLINA PUBLIC HEALTH ASSOCIATION FOR PROVIDING INCREASED COORDINATION AND PARTICIPATION AMONG AGENCIES, ORGANIZATIONS, AND COALITIONS AT THE LOCAL, COUNTY, AND STATE LEVELS THAT ADVOCATE FOR THE ELIMINATION OF DISPARITIES OF HEALTH AND FOR SUPPORTING THE DEVELOPMENT OF INTERDISCIPLINARY APPROACHES TO RESEARCH AND PRACTICE TO ADDRESS THE DETERMINANTS OF OBESITY AND THE DEVELOPMENT OF A DIVERSE PUBLIC HEALTH WORKFORCE.

Returned with concurrence.

Received as information.

S. 571 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. JAMES E. YOUNG OF CHARLESTON ON BEING NAMED THE 2003 HUMAN RESOURCES PROFESSIONAL OF THE YEAR.

Returned with concurrence.

Received as information.

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

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

Senator HAYES explained the Bill.

S. 36 (Word version) -- Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.

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

Senators HUTTO and KNOTTS proposed the following amendment (PT\1514MM03), which was adopted:

Amend the bill, as and if amended, Section 47-3-930(C) as found in SECTION 1, page 2, lines 18-22, by deleting subsection (C) in its entirety and inserting:

/   (C)   A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court. /

Amend the bill further, Section 47-3-940(C) as found in SECTION 1, page 2, lines 30-34, by deleting subsection (C) in its entirety and inserting:

/   (C)   A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both. /

Amend further, Section 47-3-970(C) as found in SECTION 1, page 3, by adding after /article./ at the end of line 25 the following:

/ Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

S. 513 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-9-510 OF THE 1976 CODE, RELATING TO HUNTING LICENSE FEES, TO INCREASE THE COMBINATION HUNTING AND FISHING LICENSE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS, TO INCREASE THE ANNUAL STATEWIDE LICENSE FEE FROM ONE HUNDRED TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO INCREASE THE TEN-DAY NONRESIDENT LICENSE FEE FROM FIFTY TO SEVENTY-FIVE DOLLARS, TO INCREASE THE THREE-DAY NONRESIDENT LICENSE FEE FROM TWENTY-FIVE TO FORTY DOLLARS, AND TO INCREASE THE NONRESIDENT BIG GAME PERMIT FEE FROM EIGHTY-NINE TO ONE HUNDRED DOLLARS.

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

H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.

H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2744, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPOSITION OF TEXTBOOK SAMPLES AFTER STATE ADOPTION PROCESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2745, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 564 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND HUNTING METHODS OF WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, SECTION 12, ACT 176 OF 1977.

S. 565 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO GROINS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2758, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.

S. 566 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE CONSTRUCTION OF POOLS IN AREAS SEAWARD OF THE BASELINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2759, PURSUANT TO THE PROVISIONS OF CHAPTER 39, TITLE 48 OF THE 1976 CODE.

S. 464 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTIONS 11-35-310 AND 11-35-830, BOTH AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE AND THE DUTIES OF THE STATE ENGINEER, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER AND TO PROVIDE THAT THE STATE ENGINEER IS AN AT-WILL EMPLOYEE WHO SERVES AT THE PLEASURE OF THE STATE BUDGET AND CONTROL BOARD.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Senate Finance Committee proposed the following amendment (GGS\22008HTC03), which was adopted:

Amend the title of the bill, as and if amended, page 1, line 21, by striking / EITHER AN ARCHITECT OR /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator SETZLER proposed the following amendment (464R001.NGS), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 19 through 22 and inserting:

/   Engineer. The board by a majority vote may remove the State Engineer and the board's removal of the State Engineer from that position is not subject to administrative review under the State Employee Grievance Procedure Act. The board's decision is final and not subject to any other administrative review."       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator ELLIOTT spoke on the Bill.

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

Senator ELLIOTT asked unanimous consent to take the Bill up for immediate consideration.

Senator GLOVER objected.

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

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

Senator FAIR proposed the following amendment (GGS\ 22033HTC03):

/ SECTION   1.   Section 59-18-700 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-700.   (A)   The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the grade and subject specific educational academic standards adopted by the state board State Board of Education.

(B)   The following must be placed in all science books published for kindergarten through twelfth grade:

'The cause or causes of life are not scientifically verifiable. Therefore, empirical science cannot provide data about the beginning of life'." /

Amend title to conform.

Senator FAIR explained the amendment.

Senator HUTTO objected to further consideration of the Bill.

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT TO BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.

Senator RYBERG explained the Bill.

Senator LEVENTIS objected to further consideration of the Bill.

Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.

Senator ELLIOTT objected.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 172 (Word version) -- Senators Martin, Hayes, Gregory, Kuhn and Mescher: A BILL TO AMEND SECTION 23-31-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESUMPTIONS REGARDING THE BLOOD ALCOHOL CONTENT OF A PERSON USING A FIREARM UNDER THE INFLUENCE OF ALCOHOL; TO AMEND SECTION 50-21-114 OF THE 1976 CODE, RELATING TO A PERSON OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL; AND TO AMEND VARIOUS SECTIONS OF TITLE 56-OF THE 1976 CODE, RELATING TO THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL. (ABBREVIATED TITLE)

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

Senator McCONNELL spoke on the Bill.

Senators MARTIN and HUTTO proposed the following amendment (JUD0172.003), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 23-31-420(A) of the 1976 Code is amended to read:

"Section 23-31-420.   (A)   Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create creates the following presumptions:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five four one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact shall does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol."

SECTION   2.   Sections 50-21-114(A) and (B) of the 1976 Code are amended to read:

"(A)(1)   A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both. A test given must be administered at the direction of the arresting law enforcement officer. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten eight one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2)   The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, (SLED), using methods approved by SLED. The arresting officer may administer the tests so long as it if testing is done in conformity with the standards set out by SLED. Blood and urine samples must be taken 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 take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples, but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3)   A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending alleging that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4)   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 of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a 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 taken at the direction of the law enforcement officer.

(5)   The arresting officer shall must provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6)   SLED shall must administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is must be assessed, at the time of the sentencing, against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113 50-21-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B)   In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

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

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."

SECTION   3.   Section 56-1-286(V) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

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

SECTION   4.   Section 56-5-2933 of the 1976 Code is amended to read:

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

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

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

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

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

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

(a)   reported alcohol concentration at the time of testing was ten 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.

Nothing contained in this section prohibits the introduction of:

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

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

(a)   evidence of field sobriety tests;

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

(c)   evidence of the person's driving;

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

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

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

SECTION   5.   Section 56-5-2950 of the 1976 Code is amended to read:

"Section 56-5-2950.   (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 them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten 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, 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, a ten an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 0.075 percent and 0.105 0.085 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.

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

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

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

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

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

(5)(4)   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 if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending 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 reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

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

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

SLED shall must administer the provisions of this subsection and shall 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.

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

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

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

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

(3)   If the alcohol concentration was at that time ten 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 ten 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)   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) of this section.

(d)   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."

SECTION   6.   Section 56-5-2951 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"(A)   The Department of Public Safety shall 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 shall 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)   If the test registers an alcohol concentration of ten one-hundredths of one percent or more, 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.

(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(D)   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 after enrolling in an Alcohol and Drug Safety Action Program 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 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 to defray the expenses of the Division 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 (H) (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain remains in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J) (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 (K); (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; and

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

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

(E)(C)   The period of suspension provided for in subsection (K) (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.

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

(G)(E)   The notice of suspension shall 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 shall 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 shall have waived waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K) (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.

(H)(F)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1)   was lawfully arrested or detained;

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

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

(I)(G)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay stays the suspension until a final decision is issued.

(J)(1)(H)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit 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 shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, 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 is due shall 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 to defray the expenses of the Division of Motor Vehicles.

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

(K)(1)(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 another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:

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

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

(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 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.

(L)(J)   A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) (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 shall 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.

(M)(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.

(N)(L)   The department shall 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.

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

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

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

(R)(P)   If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit 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 shall permit 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 shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, 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 restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

SECTION   7.   Section 30 of Act 390 of 2000 is repealed.

SECTION   8.   This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor, or August 19, 2003, whichever is later.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senators McCONNELL and RITCHIE proposed the following Amendment No. 2 (PT\1522MM03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/   SECTION   ______.   The Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding, and invests in the Congress the power to preempt state law.

Preemption occurs when the Congress, in enacting a federal statute, expresses a clear intent to preempt state law. However, nothing in Article VI or any other provision of the United States Constitution permits the federal government, the Congress, or federal agencies from withholding funds to which a state is otherwise entitled because of a state's failure to enact a state law consistent with some federal goal or policy. In this case, federal officials have indicated that certain federal highway funds will be withheld from South Carolina unless this State enacts legislation to make it unlawful for a person to drive a motor vehicle while his blood alcohol concentration level is eight one-hundredths of one percent or more rather than the ten one-hundredths of one percent or more.

The South Carolina General Assembly believes this is an action violative of the United States Constitution and therefore directs the Attorney General of this State to bring an appropriate action in federal court at the earliest possible date challenging the constitutionality of this practice. Upon successful challenge of this practice, the law of the State of South Carolina in connection with the legal blood alcohol content must revert to the legal limit in effect immediately before the effective date of this act. /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator MARTIN spoke on the Bill.

Senator McCONNELL asked unanimous consent to make a motion to recommit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recommitted to the Committee on Judiciary.

H. 3231 (Word version) -- Reps. Gilham, Stille, Wilkins, Walker, Bales, M.A. Pitts, Cobb-Hunter, Richardson, Ceips, Cotty, Skelton, Owens, Haskins, Martin, Toole, Lourie, Huggins, E.H. Pitts, Talley, Mahaffey, Leach, Hamilton, Loftis, D.C. Smith, McLeod, Thompson and J.E. Smith: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED 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 IN HIS SYSTEM, SO AS TO PROVIDE THAT A DRIVER WHO REGISTERS AN ALCOHOL CONCENTRATION OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS GUILTY OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senators MARTIN and HUTTO proposed the following Amendment No. 1 (JUD3231.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 23-31-420(A) of the 1976 Code is amended to read:

"Section 23-31-420.   (A)   Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create creates the following presumptions:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2)   If there was at that time in excess of five four one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that this fact shall does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol."

SECTION   2.   Sections 50-21-114(A) and (B) of the 1976 Code are amended to read:

"(A)(1)   A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both. A test given must be administered at the direction of the arresting law enforcement officer. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis reading is ten eight one-hundredths of one percent or above by weight of alcohol in the person's blood, the officer may not require additional tests of the person as provided in this chapter.

(2)   The breath test must be administered by a person trained and certified by the South Carolina Law Enforcement Division, (SLED), using methods approved by SLED. The arresting officer may administer the tests so long as it if testing is done in conformity with the standards set out by SLED. Blood and urine samples must be taken 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 take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples, but that his privilege to operate a water device must be suspended or denied for one hundred eighty days if he refuses to submit to the tests.

(3)   A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending alleging that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

(4)   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 of that right. A person's failure to request additional blood or urine tests is not admissible against the person in a 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 taken at the direction of the law enforcement officer.

(5)   The arresting officer shall must provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

(6)   SLED shall must administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The cost of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is must be assessed, at the time of the sentencing, against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113 50-21-113. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.

(B)   In any criminal prosecution where a test or tests were administered pursuant to this chapter, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1)   If there was at that time five four one-hundredths of one percent or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.

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

(3)   If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."

SECTION   3.   Section 56-1-286(V) of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

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

SECTION   4.   Section 56-5-2933 of the 1976 Code is amended to read:

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

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

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

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

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

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

(a)   reported alcohol concentration at the time of testing was ten 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.

Nothing contained in this section prohibits the introduction of:

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

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

(a)   evidence of field sobriety tests;

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

(c)   evidence of the person's driving;

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

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

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

SECTION   5.   Section 56-5-2950 of the 1976 Code is amended to read:

"Section 56-5-2950.   (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 them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the alcohol concentration is ten 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, 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, a ten an eight one-hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.095 0.075 percent and 0.105 0.085 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.

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

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

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

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

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

(5)(4)   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 if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending 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 reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.

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

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

SLED shall must administer the provisions of this subsection and shall 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.

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

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

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

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

(3)   If the alcohol concentration was at that time ten 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 ten 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)   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) of this section.

(d)   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."

SECTION   6.   Section 56-5-2951 of the 1976 Code, as amended by Act 390 of 2000, is further amended to read:

"(A)   The Department of Public Safety shall 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 shall 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)   If the test registers an alcohol concentration of ten one-hundredths of one percent or more, 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.

(C) If the person does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.

(D)   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 after enrolling in an Alcohol and Drug Safety Action Program 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 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 to defray the expenses of the Division 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 (H) (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain remains in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J) (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 (K); (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; and

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

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

(E)(C)   The period of suspension provided for in subsection (K) (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.

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

(G)(E)   The notice of suspension shall 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 shall 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 shall have waived waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (K) (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.

(H)(F)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not hold the hearing within thirty days, a written order must be issued by the department within thirty days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within thirty days or fails within thirty days to notify the defendant of a new hearing, the person shall must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:

(1)   was lawfully arrested or detained;

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

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

(I)(G)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay stays the suspension until a final decision is issued.

(J)(1)(H)(1)   If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit 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 shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, 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 is due shall 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 to defray the expenses of the Division of Motor Vehicles.

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

(K)(1)(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 another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:

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

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

(2)   The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 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.

(L)(J)   A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) (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 shall 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.

(M)(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.

(N)(L)   The department shall 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.

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

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

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

(R)(P)   If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit 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 shall permit 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 shall must designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, 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 restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."

SECTION   7.   Section 30 of Act 390 of 2000 is repealed.

SECTION   8.   This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor, or August 19, 2003, whichever is later.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senators McCONNELL and RITCHIE proposed the following Amendment No. 2 (PT\1523MM03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/   SECTION   ______.   The Supremacy Clause of Article VI of the United States Constitution provides that the laws of the United States shall be the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding, and invests in the Congress the power to preempt state law.

Preemption occurs when the Congress, in enacting a federal statute, expresses a clear intent to preempt state law. However, nothing in Article VI or any other provision of the United States Constitution permits the federal government, the Congress, or federal agencies from withholding funds to which a state is otherwise entitled because of a state's failure to enact a state law consistent with some federal goal or policy. In this case, federal officials have indicated that certain federal highway funds will be withheld from South Carolina unless this State enacts legislation to make it unlawful for a person to drive a motor vehicle while his blood alcohol concentration level is eight one-hundredths of one percent or more rather than the ten one-hundredths of one percent or more.

The South Carolina General Assembly believes this is an action violative of the United States Constitution and therefore directs the Attorney General of this State to bring an appropriate action in federal court at the earliest possible date challenging the constitutionality of this practice. Upon successful challenge of this practice, the law of the State of South Carolina in connection with the legal blood alcohol content must revert to the legal limit in effect immediately before the effective date of this act. /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator McCONNELL asked unanimous consent to make a motion that the Bill be given a second reading, with notice of general amendments on third reading, the Bill be recommitted to the Committee on Judiciary and, further, that, when the Bill is returned to the Calendar that it be placed on the Third Reading Calendar.

There was no objection.

Pursuant to the motion by Senator McCONNELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

Further, pursuant to the motion by Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary provided, however, that, when the Bill is returned to the Calendar, it be placed on the Third Reading Calendar.

Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003

Charles B. Simmons, Jr., P.O. Box 2207, Greenville, S.C. 29602-2207

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 2003, and to expire June 30, 2009

Roger L. Couch, P.O. Box 5666, Spartanburg, S.C. 29301

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned in memory of Mr. Robert (Bob) S. Campbell, Jr. of Gaffney, S.C., retired Vice President of Vulcan Materials.

At 4:22 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:43 P.M.