Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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:
There in the garden the man and woman hid themselves. But, as we read in Genesis: "...the Lord God called to the man, and said to him, 'Where are you'?" (Genesis 3:9)
Please, join me as we pray:
Holy God, overwhelmed by all that is required of us, we, too, sometimes feel like hiding away: running from responsibilities, saying whatever first comes to mind just to stop debate, wanting to avoid life's tough decisions. Yet, we have chosen to serve You, O Lord. And here in this Senate we trust in Your promises to seek us out, to walk at our side, to guide us in those moments when the answers don't come easily. Bless each of these servants in this place, Father, and encourage them all by Your faithfulness.
In Your loving name we pray, Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am vetoing and returning without my approval S. 771, R-205.
(R205, S771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
This veto is based on my belief that this Bill is unconstitutional.
S. 771 (Word version), R-205 proposes to create the Allendale County Aeronautics and Development Commission and provides for the appointment of members, their terms, powers, duties, and responsibilities. This legislation affects only Allendale County and is, therefore, clearly an act for a specific county.
Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 771, R-205 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For these this reason, I have vetoed S. 771, R-205.
Sincerely,
Mark Sanford
(R205, S771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On motion of Senator McCONNELL, at 2:05 P.M., Senator LEATHERMAN was granted a leave of absence for today and tomorrow.
Senator MARTIN introduced Dr. Jennifer Root of Columbia, S.C., Doctor of the Day.
Senator FAIR rose for an Expression of Personal Interest.
At 2:12 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M. on Thursday, April 10, 2008.
There was no objection and a message was sent to the House accordingly.
The following co-sponsors were added to the respective Bills:
S. 1090 (Word version) Sen. Jackson
S. 1076 (Word version) Sens. Ford, Williams and Malloy
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTION 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
Senator LAND asked unanimous consent to recall the Bill from the Committee on Judiciary.
There was no objection and the Bill was recalled.
Senator LAND asked unanimous consent to give the Bill second reading.
There was no objection
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, with unanimous consent, S. 1227 was ordered to receive a third reading on Thursday, April 10, 2007.
The following were introduced:
S. 1270 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-90-40 AND 38-90-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITALIZATION REQUIREMENTS AND FREE SURPLUS REQUIREMENT OF A CAPTIVE INSURANCE COMPANY, SO AS TO DELETE THE REQUIREMENT OF BEING NO MORE THAN TEN CELLS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO THE INCORPORATION OPTIONS AND REQUIREMENTS OF A PURE CAPTIVE INSURANCE COMPANY, SO AS TO DELETE CERTAIN REQUIREMENTS OF A COMPANY FORMED AS A CORPORATION AS A LIMITED LIABILITY COMPANY OR AS A RECIPROCAL INSURER; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED TO THE DIRECTOR OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO GIVE AUTHORITY TO THE DIRECTOR TO WAIVE OR GRANT AN EXTENSION TO THE FILING REQUIREMENT; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DIRECTOR, SO AS TO INCREASE FROM THREE TO FIVE YEARS THE TIME FOR THE INSPECTION AND EXAMINATION OF THESE COMPANIES AND DELETE THE AUTHORIZATION OF THE DIRECTOR TO ENLARGE THE THREE-YEAR PERIOD TO FIVE YEARS IF THE COMPANY IS SUBJECT TO A COMPREHENSIVE ANNUAL AUDIT; TO AMEND SECTION 38-90-90, RELATING TO THE SUSPENSION OR REVOCATION OF THE LICENSE OF A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR TO IMPOSE A FINE INSTEAD OF SUSPENDING OR REVOKING A LICENSE; TO AMEND SECTION 38-90-130, RELATING TO THE PARTICIPATION OF A CAPTIVE INSURANCE COMPANY IN A PLAN, POOL, ASSOCIATION OF GUARANTY OR INSOLVENCY FUND, SO AS TO EXEMPT PARTICIPATION IN A POOL FOR THE PURPOSES OF COMMERCIAL RISK SHARING IS NOT PROHIBITED UNDER THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 38-90-175, AS AMENDED, RELATING TO THE CREATION OF THE "CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND", SO AS TO PROVIDE THAT THE TRANSFER OF FUNDS FROM THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND MUST BE PURSUANT TO A REPORT PROVIDED TO THE TREASURER SPECIFYING THE PERCENTAGE OF TAXES TO BE TRANSFERRED NOT TO EXCEED FIFTY PERCENT; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO SPECIFY THAT THE PROVISION IN CHAPTERS 26 AND 27 OF TITLE 38 APPLY; AND TO AMEND SECTION 38-90-440, AS AMENDED, RELATING TO THE AUTHORITY OF A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC) TO APPLY FOR A LICENSE TO CONDUCT BUSINESS, SO AS TO CHANGE THE MANNER IN WHICH A NONREFUNDABLE FEE IS ASSESSED FOR PROCESSING THE SPFC'S APPLICATION FOR A LICENSE WHICH IS A MINIMUM OF TWELVE THOUSAND DOLLARS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1271 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 59-40-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL, RENEWAL, REVOCATION, AND TERMINATION OF CHARTERS FOR CHARTER SCHOOLS, SO AS TO INCREASE THE CHARTER PERIOD FROM FIVE TO TEN YEARS.
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Read the first time and referred to the Committee on Education.
S. 1272 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 6-9-50(C)(2) OF THE 1976 CODE, RELATING TO THE ENERGY EFFICIENCY RATING OF INSULATION, TO PROVIDE THAT INSULATION RATED PURSUANT TO A RECOGNIZED INDUSTRY STANDARD DIFFERENT THAT THE R-VALUE STANDARD MAY BE USED WHEN CONSTRUCTING RESIDENTIAL BUILDINGS AND TO AMEND SECTION 6-10-30(D), RELATING TO BUILDING ENERGY EFFICIENT STRUCTURES, TO PROVIDE THAT INSULATION RATED PURSUANT TO A RECOGNIZED INDUSTRY STANDARD DIFFERENT THAT THE R-VALUE STANDARD MAY BE USED WHEN CONSTRUCTION ENERGY EFFICIENT ONE AND TWO FAMILY DWELLINGS.
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Read the first time and referred to the Committee on Judiciary.
S. 1273 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-550 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL ROUTE RESTRICTED DRIVER'S LICENSES TO PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED FOR OPERATING UNINSURED MOTOR VEHICLES, OR FOR FAILING TO COMPLY WITH TRAFFIC CITATIONS OR DEPARTMENT OF NATURAL RESOURCES SUMMONSES FOR LITTERING VIOLATIONS, TO PROVIDE A FEE FOR ITS ISSUANCE, TO PROVIDE FOR THE DISTRIBUTION OF THE FEE, AND TO PROVIDE PENALTIES FOR THE OPERATION OF A MOTOR VEHICLE OUTSIDE THE RESTRICTIONS IMPOSED BY THESE DRIVER'S LICENSES.
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Read the first time and referred to the Committee on Transportation.
S. 1274 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL BAND FOR RECEIVING THE 2007 JOHN PHILIP SOUSA FOUNDATION'S "SUDLER FLAG OF HONOR" AWARD.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1275 (Word version) -- Senators Patterson, Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF NURSE JEAN SANDERS HOPKINS, A CHERISHED CITIZEN OF RICHLAND COUNTY, UPON THE OCCASION OF HER SEVENTY-SEVENTH BIRTHDAY, AND TO WISH HER MANY MORE YEARS OF PROSPERITY AND HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1276 (Word version) -- Senators Jackson, Lourie, Leventis, Knotts, Malloy, Patterson, Setzler, Williams, Cromer, Matthews, Anderson, Land, Pinckney, Hutto, Fair, Hayes, Thomas, McGill, Martin and Massey: A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIVERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1277 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 44-74-20 AND 44-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIC TECHNOLOGISTS, SO AS TO ALSO PROVIDE FOR THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIST ASSISTANTS; TO AMEND SECTION 44-73-40, RELATING TO QUALIFICATIONS TO BE CERTIFIED AS A RADIOLOGIC TECHNOLOGIST, SO AS TO ALSO PROVIDE QUALIFICATIONS FOR AN INITIAL CERTIFICATION AS A RADIOLOGIST ASSISTANT AND FOR LICENSURE AS A RADIOLOGIST ASSISTANT; AND TO AMEND SECTION 44-74-60, RELATING TO THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION BOARD, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE FOR TWO RADIOLOGIST ASSISTANT MEMBERS ON THE BOARD, TO PROVIDE THAT MEMBERS MUST BE APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON THE RECOMMENDATION OF ENUMERATED RADIOLOGIC HEALTH PROFESSIONAL ORGANIZATIONS, AND TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF FOUR YEARS.
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Read the first time and referred to the Committee on Medical Affairs.
H. 3058 (Word version) -- Reps. W. D. Smith, Haskins, Young, G. R. Smith, Cobb-Hunter, Kirsh, Mahaffey, Sandifer, Brady, Bedingfield, Funderburk, Mitchell, M. A. Pitts, Whipper and R. Brown: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD THAT CRIMINAL DOMESTIC VIOLENCE CONVICTIONS IN OTHER STATES ARE TO BE CONSIDERED WHEN DETERMINING A PREVIOUS CONVICTION FOR PURPOSES OF ENHANCING THE PENALTY.
Read the first time and referred to the Committee on Judiciary.
H. 3592 (Word version) -- Rep. Ballentine: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM THE PROPERTY TAX THE VALUE OF A MOTORCYCLE OWNED OR LEASED BY AND LICENSED AND REGISTERED IN THE NAME OF A DISABLED VETERAN OF WAR.
Read the first time and referred to the Committee on Finance.
H. 4067 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 12-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEED RECORDING FEE, SO AS TO EXEMPT A DEED TRANSFERRING REAL PROPERTY FROM A TRUST TO A TRUST DISTRIBUTEE UPON THE DEATH OF THE SETTLOR UPON CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Finance.
H. 4157 (Word version) -- Reps. Stewart, Taylor, D. C. Smith, Hart, Gullick, Bedingfield, Toole, Hardwick, Young, Simrill, G. M. Smith, Weeks, Williams, Erickson, Umphlett, Moss, Clemmons, Vick, J. R. Smith, Hagood and Hodges: 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 77 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "MILITARY VETERANS MOTORCYCLE" SPECIAL LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
H. 4339 (Word version) -- Reps. Cooper, Clyburn, Battle, Haskins, Harrison, Hosey, Cotty, Walker and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-10-35 SO AS TO PROVIDE THAT A PERSON WHO BECOMES A MEMBER OF THE NATIONAL GUARD AFTER JUNE 30, 1993, MAY ALSO RECEIVE ADDITIONAL NATIONAL GUARD RETIREMENT BENEFITS PROVIDED BY THE STATE NATIONAL GUARD RETIREMENT SYSTEM UNDER CHAPTER 10 OF TITLE 9 AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO NATIONAL GUARD PENSION BENEFITS PAYABLE ON OR AFTER JANUARY 1, 2007.
Read the first time and referred to the Committee on Finance.
H. 4550 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Littlejohn, G. R. Smith, Toole, Huggins, Bedingfield, Lowe, Viers, Herbkersman, Duncan, Skelton, Haley, Hardwick, Frye, Erickson, Bingham, Bowen, Brady, Taylor, Mahaffey, J. R. Smith, Hutson, Pinson, Bannister, Clemmons, Delleney, Gambrell, Merrill, Mulvaney, E. H. Pitts, Rice, Sandifer, Shoopman, D. C. Smith, Spires, Umphlett, Whitmire, Cotty, Loftis, Vick, Owens, Knight, Talley and Leach: A BILL TO DESIGNATE SECTION 5 OF ACT 115 OF 2007 AS SECTION 12-6-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION IN THE SOUTH CAROLINA INDIVIDUAL INCOME TAX LIABILITY OF INDIVIDUALS BY SUBJECTING THE BOTTOM OF THE 2.5 PERCENT STATE INDIVIDUAL INCOME RATE TO A TAX RATE OF ZERO, SO AS TO PROVIDE FURTHER RATE REDUCTIONS FOR MARRIED TAXPAYERS BY REDUCING THE THREE PERCENT RATE TO TWO PERCENT OVER THREE YEARS AND TO DEFINE "MARRIED TAXPAYER" CONSISTENTLY WITH THE DEFINITION FOR MARRIAGE PROVIDED IN THE CONSTITUTION OF THIS STATE.
Read the first time and referred to the Committee on Finance.
H. 4685 (Word version) -- Reps. Limehouse, Loftis, Lowe, Crawford, Davenport, Hardwick, Leach, Bannister, Bingham, Brantley, Cato, Clemmons, Duncan, Hagood, Mulvaney, M. A. Pitts, Scarborough, Shoopman, Toole, Umphlett, Vick, Witherspoon, Barfield, Cotty, Huggins, G. Brown, Bedingfield and Erickson: A BILL TO AMEND SECTION 12-37-714, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SITUS OF BOATS FOR PURPOSES OF PROPERTY TAX, SO AS TO CHANGE THE EXISTING SITUS REQUIREMENTS BY INCREASING TO A TOTAL OF ONE HUNDRED EIGHTY DAYS IN A PROPERTY TAX YEAR THE TIME IN THIS STATE NECESSARY FOR THE BOAT TO BE SUBJECT TO PROPERTY TAX.
Read the first time and referred to the Committee on Finance.
H. 4743 (Word version) -- Reps. Mitchell, Davenport, Littlejohn, W. D. Smith, Allen, Anthony, Cato, Hardwick, Harrell, Hosey, Kennedy, Lowe, Mack, Miller, Phillips, F. N. Smith, Talley, Young, Knight and Hodges: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR MUNICIPALITIES AND TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS IN REGARD TO THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO PROVIDE THAT THE TERM "REDEVELOPMENT PROJECT" ALSO INCLUDES AFFORDABLE HOUSING PROJECTS WHERE ALL OR A PART OF NEW PROPERTY TAX REVENUES GENERATED IN THE TAX INCREMENT FINANCING DISTRICT ARE USED TO PROVIDE OR SUPPORT PUBLICLY-OWNED AFFORDABLE HOUSING IN THE DISTRICT OR IS USED TO PROVIDE INFRASTRUCTURE PROJECTS TO SUPPORT PRIVATELY-OWNED AFFORDABLE HOUSING IN THE DISTRICT; AND TO REPEAL CHAPTER 33 OF TITLE 6 OF THE 1976 CODE RELATING TO TAX INCREMENT FINANCING FOR COUNTIES.
Read the first time and referred to the Committee on Finance.
H. 4774 (Word version) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W. D. Smith, Williams and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
Read the first time and referred to the Committee on Finance.
H. 4876 (Word version) -- Reps. Cooper and Cotty: A BILL TO AMEND SECTIONS 9-1-1020, 9-1-1620, 9-1-1680, AND 9-1-1970, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM; BY ADDING SECTIONS 9-1-1625, 9-1-1665, 9-1-1975, AND 9-1-1980 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-8-130, 9-8-190, BOTH AS AMENDED, AND 9-8-240, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-245, 9-8-250, 9-8-260, AND 9-8-270 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-9-70, AS AMENDED, 9-9-120, 9-9-180, AS AMENDED, AND 9-9-240, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-245, 9-9-250, 9-9-255, AND 9-9-260 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-150, 9-11-210, 9-11-270, ALL AS AMENDED, AND 9-11-350, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-155, 9-11-175, 9-11-355, AND 9-11-360 SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM WITH REGARD TO EMPLOYEE BENEFITS, EMPLOYER CONTRIBUTIONS, AND OTHER RELATED MATTERS PERTAINING TO PARTICIPATION IN AND PROCEDURES FOR THIS SYSTEM; TO AMEND SECTION 9-16-20, AS AMENDED, RELATING TO THE INVESTMENT OF ASSETS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO COMPLY WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE; TO AMEND TITLE 9 BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR QUALIFIED EXCESS BENEFIT ARRANGEMENTS; TO AMEND SECTIONS 9-1-10, 9-1-1140, AND 9-1-1620, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEMS; BY ADDING SECTIONS 9-1-320, 9-1-1135, AND 9-1-1775 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-8-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; BY ADDING SECTIONS 9-8-35 AND 9-8-185 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; TO AMEND SECTION 9-9-70, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING SECTIONS 9-9-31 AND 9-9-175 TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS SYSTEM; TO AMEND SECTIONS 9-11-50 AND 9-11-150, BOTH AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTIONS 9-11-35, 9-11-125, AND 9-11-265 SO AS TO CODIFY CERTAIN REGULATIONS TO FURTHER IDENTIFY THE PLAN DOCUMENT FOR COMPLIANCE WITH THE QUALIFICATION REQUIREMENTS OF THE INTERNAL REVENUE CODE FOR THIS RETIREMENT SYSTEM; AND TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT, REGULATIONS 19-900 THROUGH 19-997 OF THE SOUTH CAROLINA CODE OF REGULATIONS SHALL HAVE NO APPLICATION TO THE OPERATION OF TITLE 9 OF THE 1976 CODE.
Read the first time and referred to the Committee on Finance.
H. 4904 (Word version) -- Reps. Alexander, Branham, Crawford, Lowe and Williams: A CONCURRENT RESOLUTION TO COMMEMORATE THE FIFTIETH ANNIVERSARY OF THE UNINTENTIONAL RELEASE OF AN UNARMED ATOMIC WARHEAD OVER THE MARS BLUFF COMMUNITY IN FLORENCE COUNTY.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 4918 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 302 AND FISH HATCHERY ROAD IN LEXINGTON COUNTY "BILLY G. STONE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BILLY G. STONE INTERSECTION".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4929 (Word version) -- Reps. Haley, Toole, Ballentine, Bingham, Frye, Huggins, McLeod, Ott and Spires: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PLATT SPRINGS ROAD IN LEXINGTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 6 TO ITS INTERSECTION WITH KYZER ROAD THE "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL JOSHUA L. TORRENCE MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4970 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF WILHELMINA MCBRIDE, OF RICHLAND COUNTY, AND TO COMMEND HER FOR NEARLY A QUARTER CENTURY OF SERVICE TO THE WIL LOU GRAY OPPORTUNITY SCHOOL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4971 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MARIE D. LEWIS, OF BEAUFORT COUNTY, FOR HER WORK AS NATIONAL PRESIDENT OF CHUMS, INC.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4972 (Word version) -- Reps. Walker, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE INDEPENDENT COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA DURING "INDEPENDENT COLLEGE AND UNIVERSITY WEEK" OF APRIL 14-18, 2008, AND ON "INDEPENDENT COLLEGE AND UNIVERSITY DAY" ON APRIL 16, 2008, FOR THEIR OUTSTANDING CONTRIBUTIONS IN EDUCATING OUR STATE'S AND NATION'S YOUTH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4975 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BOILING SPRINGS GEYSER SITE IN SPARTANBURG COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4989 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LOUIE GOLDEN, ATHLETIC DIRECTOR AND HEAD BOYS BASKETBALL COACH FOR GREENVILLE'S SOUTHSIDE HIGH SCHOOL, FOR THIRTY-SIX YEARS OF COACHING EXCELLENCE, TYPIFIED BY HIS LATEST WIN, THE 2008 CLASS AA STATE BOYS BASKETBALL CHAMPIONSHIP TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4990 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARTHA DABBS GREENWAY OF SUMTER COUNTY FOR MORE THAN THIRTY YEARS OF OUTSTANDING DEDICATED PUBLIC SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator REESE a minority unfavorable report on:
S. 860 (Word version) -- Senators McConnell, Campsen, O'Dell, Elliott, McGill and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR A PORTION OF THE EXPENSES OF INSTALLING OR IMPROVING A FIRE PROTECTION SPRINKLER SYSTEM IN A COMMERCIAL STRUCTURE IN WHICH SUCH A SYSTEM IS NOT REQUIRED BY STATUTE, REGULATION, OR CODE AND TO PROVIDE THE REQUIREMENTS TO CLAIM THE CREDIT; BY ADDING SECTION 38-75-70 SO AS TO PROVIDE FOR A MINIMUM PREMIUM DISCOUNT AS PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR A COMMERCIAL POLICY OF PROPERTY INSURANCE IF THERE IS INSTALLED AND PROPERLY MAINTAINED A FIRE SPRINKLER SYSTEM IN THE INSURED PROPERTY; AND BY ADDING SECTION 40-10-275 SO AS TO PROHIBIT TAP-ON FEES FOR FIVE SPRINKLER SYSTEMS EXCEEDING THE STANDARD TAP-ON FEE OTHERWISE APPLICABLE FOR THE STRUCTURE.
Ordered for consideration tomorrow.
By prior motion of Senator THOMAS, the Bill was recommitted to the Committee on Finance, retaining its place on the Calendar.
Columbia, S.C., April 9, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.217, H. 3632 by a vote of 62 to 48:
(R217, H3632 (Word version)) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 9, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.222, H. 4686 by a vote of 104 to 0:
(R222, H4686 (Word version)) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
Very respectfully,
Speaker of the House
Received as information.
(R222, H4686 (Word version)) -- Reps. McLeod and Duncan: A JOINT RESOLUTION PROVIDING FOR THE TRANSFER OF A SURPLUS OPERATIONS AND MAINTENANCE SHOP IN NEWBERRY TO THE COUNTY OF NEWBERRY.
The veto of the Governor was taken up for immediate consideration.
Senator CROMER moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin Massey Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., April 8, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE, CONCERNING THE DENIAL AND SUSPENSION OF A LICENSE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, IMPLIED CONSENT AND REFUSING A CHEMICAL TEST, THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE, THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE, AND THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE.
(ABBREVIATED TITLE)
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3496 was adopted as follows:
The Committee on Conference, to whom was referred:
H. 3496 (Word version) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRAIL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE , SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVER'S WHOSE LICENSES HAVE BEEN SUSPENDED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 2/28/08--S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-10. For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:
(1) 'Driver' means every person who drives or is in actual physical control of a vehicle.
(2) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
(3) 'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
(4) 'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.
(5) 'State' means a state, territory, or possession of the United States and the District of Columbia.
(6) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.
(7) 'Motor vehicle' means every vehicle which is self- propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
(8) 'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.
(9) 'Nonresident' means every person who is not a resident of this State.
(10) 'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.
(11) 'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.
(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.
(13) 'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.
(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.
(15) 'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.
(16) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood by weight; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(18) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.
(19) 'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface.
(20) 'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.
(21) 'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.
(22) 'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.
(23) 'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.
(24) 'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION 2. Section 56-1-286 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-1-286. (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. In cases in which a law enforcement officer initiates suspension proceedings for a violation of this section, the officer has elected to pursue a violation of this section and is subsequently prohibited from prosecuting the person for a violation of Section 20-7-8920, 20-7-8925, 56-5-2930, or 56-5-2933 arising from the same incident.
(B) A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath or blood for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe reasonable suspicion that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.
A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe reasonable suspicion that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.
(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division South Carolina Criminal Justice Academy, using methods approved by the division pursuant to SLED policies. The primary investigating officer may administer the test if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Blood samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to obtain these samples in a licensed medical facility. Blood samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and shall promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.
The person tested or giving samples for testing may have a qualified person of his choice conduct additional tests at the person's expense and must be notified in writing of that right. A person's request or failure to request additional blood tests is not admissible against the person in any proceeding. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the officer. The officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance shall, at a minimum, include providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood to determine the person's alcohol concentration, SLED must test the blood and provide the result to the person and to the officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
(E) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administering of tests at the direction of the primary investigating officer are immune from civil and criminal liability unless the obtaining of samples or the administering of tests is performed in a negligent, reckless, or fraudulent manner. A person may not be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(F) If a person refuses upon the request of the primary investigating officer to submit to chemical tests as provided in subsection (C), the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) six months; or
(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.
(G) If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) three months; or
(2) six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Sections 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Sections 56-1-286, 56-5-2950, or 56-5-2951.
(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall must be suspended until he completes the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(I) A test may not be administered or samples taken unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within thirty days of the issuance of the notice of suspension if he does not request an administrative hearing or within thirty days of the issuance of notice that the suspension has been upheld at the administrative hearing.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within thirty days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 if he does not request an administrative hearing. If the person does not request an administrative hearing and does not enroll in an Alcohol and Drug Safety Action Program within thirty days, the suspension remains in effect, and a temporary alcohol restricted license must not be issued. If the person drives a motor vehicle during the period of suspension without a temporary alcohol restricted license, the person must be penalized for driving while his license is suspended pursuant to Section 56-1-460.
(K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses. The temporary alcohol restricted license allows the person to drive a motor vehicle without any restrictive conditions pending the outcome of the administrative hearing provided for in this section or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person must enroll in an Alcohol and Drug Safety Action Program and his driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.
(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(N) The notice of suspension must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he must enroll in an Alcohol and Drug Safety Action Program, and he waives his right to the administrative hearing, and the suspension continues for the periods provided for in subsections (F) and (G).
(O) An administrative hearing must be held within thirty days after the request for the hearing is received by the Division of Motor Vehicle Hearings. If the Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order within thirty days stating the reasons why the hearing was not held within thirty days and providing a schedule date for the hearing. If the Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the person of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing is limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing given a written copy of and verbally informed of the rights enumerated in subsection (I);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one- hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal shall stay the suspension until a final decision is issued.
(Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than eight one-hundredths of one percent."
SECTION 3. Section 56-1-748 of the 1976 Code is amended to read:
"Section 56-1-748. No person issued a restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C), or Section 56-5-2951(H) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions."
SECTION 4. Section 56-5-2930 of the 1976 Code, as last amended by Act 390 of 2000, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while:
(1) under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;,
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired;, or
(3) under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. A person who violates the provisions of this section is guilty of the offense of driving under the influence and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the thirty-day minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrate's court;
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years.
(B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
(C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(D) For the purposes of this section a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, this section, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including but not limited to, Section 56-5-2933, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(E) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.
(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
(G) Two hundred dollars of the fine imposed pursuant to subsection (A)(3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.
(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.
(I) A person charged for a violation of this section may be prosecuted pursuant to Section 56-5-2933 if the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest and reasonable suspicion existed to justify the traffic stop. A person may not be prosecuted for both a violation of this section and a violation of Section 56-5-2933 for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including the following:
(1) whether or not the person was lawfully arrested or detained;
(2) the period of time between arrest and testing;
(3) whether or not the person was given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;
(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and whether the:
(a) reported alcohol concentration at the time of testing was eight one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
(J) 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 video recording 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 a motor vehicle which would call into question the results of a breath or bodily fluid test.
At trial, a person charged with a violation of this section is allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.
(K) For the purpose of this section, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court.
(L) In cases in which enhanced penalties for higher levels of alcohol concentration may be applicable, upon the determination of guilt, the finder of fact shall determine the alcohol concentration and the judge shall apply the appropriate penalty. In cases involving jury trials, upon the return of a guilty verdict by the jury, the judge shall instruct the jury to make a finding of fact as to the following: 'We the jury find the alcohol concentration of the defendant to be (1) at least eight one-hundredths of one percent but less than ten one-hundredths of one percent; (2) at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent; or (3) sixteen one hundredths of one percent or more.' Based on the jury's finding of fact, the judge shall apply the appropriate penalty. If the jury cannot reach a unanimous verdict as to the finding of fact, then the judge shall sentence the defendant based on the non-enhanced penalties."
SECTION 5. Section 56-5-2933 of the 1976 Code is further amended to read:
"Section 56-5-2933. (A) It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is 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 driving with an unlawful alcohol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the thirty-day minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrate's court;
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years.
(B) No part of the minimum sentences provided in this section may be suspended. Instead of public service employment the court may invoke another sentence provided in this section. For a second or subsequent offense of this section, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
(C) The fine for a first offense must not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
(D) For the purposes of this chapter a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, Section 56-5-2930, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including but not limited to, this section, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
(E) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.
(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.
(G) Two hundred dollars of the fine imposed pursuant to subsections (A)(3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.
(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.
(I) A person charged for a violation of Section 56-5-2930 but may be 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 articulable reasonable suspicion existed to justify the traffic stop. This section does not apply to cases arising out of a stop at a traffic roadblock or driver's license checkpoint. A person shall not may not 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 articulable suspicion existed to justify the stop;
(3)(2) the period of time between arrest and testing;
(4)(3) whether or not the person was advised in writing given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950;
(5)(4) whether the person consented to taking a test pursuant to Section 56-5-2950, and whether the:
(a) reported alcohol concentration at the time of testing was eight one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
(J) 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 video recording 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 allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least fourteen thirty calendar days before his trial date.
(K) For the purpose of this section, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrate's court.
(L) In cases in which enhanced penalties for higher levels of alcohol concentration may be applicable, upon the determination of guilt, the finder of fact shall determine the alcohol concentration and the judge shall apply the appropriate penalty."
SECTION 6. Section 56-5-2934 of the 1976 Code is amended to read:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor. The portion of compulsory process provided for in this section that requires the attendance, at any administrative hearing or court proceeding, of state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article, takes effect once the compulsory process program at the State Law Enforcement Division is specifically, fully, and adequately funded.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, must provide the defendant with the appropriate form to request the hearing or hearings. The defendant must acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired."
SECTION 7. Section 56-5-2942 of the 1976 Code is amended to read:
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to him immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240.
(B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon sentencing receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the court department must ascertain the registration numbers or other information to determine the identity of the vehicles to be immobilized. The court must notify the Department of Motor Vehicles of a person's conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 and the identity of the vehicles to be immobilized determine all vehicles registered to the convicted person, both solely and jointly, and suspend all vehicles registered to the person.
(D) Upon notification by a court in this State or by any other state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department must require the person convicted to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. The department must maintain a record of all vehicles immobilized pursuant to this section.
(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.
(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1) he regularly drives the motor vehicle subject to immobilization;
(2) the immobilized motor vehicle is necessary to his employment, transportation to an educational facility, or for the performance of essential household duties;
(3) no other motor vehicle is available for the use of the person person's use;
(4) the person will not authorize the use of the motor vehicle by any other person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945; or
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by him to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(G) The department may conduct a hearing and receive testimony regarding the veracity of an affidavit submitted pursuant to subsection (F) or issue an agency decision to permit or deny the release of the vehicle based on the affidavit. A person may seek relief pursuant to the provisions of the Administrative Procedures Act from an agency action immobilizing a motor vehicle or denying the release of the motor vehicle.
(H) A person who operates drives an immobilized motor vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(I) A person who falsifies a report concerning vehicles owned by or registered to that person, or who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) The court must assess a fee of forty A fee of fifty dollars for each motor vehicle owned by or registered to the person convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles.
(K) For purposes of this article, a conviction of or plea of nolo contendere to Section 56-5-2933 is considered a prior offense of Section 56-5-2930."
SECTION 8. Section 56-5-2945(A) and (B) of the 1976 Code is amended to read:
"(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony the offense of felony driving under the influence and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.
A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The Department of Motor Vehicles must suspend the driver's license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a term period of imprisonment incarceration plus three years for a conviction of Section 56-5-2945 when 'great bodily injury' occurs and five years when a death occurs. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, or supervised furlough community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently."
SECTION 9. Section 56-5-2950 of the 1976 Code is amended to read:
"Section 56-5-2950. (a)(A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs, the officer may order that a urine sample be taken for testing. A breath sample taken for testing must be collected within two hours of the arrest. Any additional tests to collect other samples must be collected within three hours of the arrest. If the alcohol concentration is eight one-hundredths of one percent or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by the Department of Public Safety South Carolina Criminal Justice Academy, pursuant to SLED policies. The arresting officer may administer the tests if the person's conduct during the twenty-minute pre-test waiting period is videotaped pursuant to Section 56-5-2953(A)(2)(d). Before the breath test is administered, an eight one- hundredths of one percent simulator test must be performed and the result must reflect a reading between 0.076 percent and 0.084 percent. Blood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to obtain the samples in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by SLED.
(B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed in writing that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least ninety days six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least thirty days one month if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.
(C) A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
(D) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's request or failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
(E) The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides performs blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED must administer the provisions of this subsection and must make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945, then, upon conviction, the person must pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.
(F) A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b)(G) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If if the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.;
(2) If if the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person.; or
(3) If if the alcohol concentration was at that time eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.
(4) If the alcohol concentration was at that time eight one-hundredths of one percent or more and the original testing of the person's breath or collection of other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them.
(c)(H) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (a) (A) of this section.
(d)(I) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must furnish a copy of the time, method, and results of any test to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(e)(J) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow any of these policies, procedures, and regulations, or the provisions of this section, shall result in the exclusion from evidence of any tests results, if the trial judge or hearing officer finds that such this failure materially affected the accuracy or reliability of the tests results or the fairness of the testing procedure and the court trial judge or hearing officer rules specifically as to the manner in which the failure materially affected the accuracy or reliability of the test results or the fairness of the procedure.
(f)(K) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at an administrative hearing or court proceeding, the entity employing the witness may charge a reasonable fee to the defendant for these services."
SECTION 10. Section 56-5-2951 of the 1976 Code, as last amended by Act 381 of 2006, is further amended to read:
"Section 56-5-2951. (A) The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer must issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(B) Within thirty days of the issuance of the notice of suspension, the person may:
(1) obtain a temporary alcohol restricted license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the its expenses of the Department of Motor Vehicles. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (F) or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license remains in effect until the Department of Motor Vehicles issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (H); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990;
(b) the suspension is overturned, the person must have his driver's license, permit, or nonresident operating privilege reinstated.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945.
(C) The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(D) If a person does not request an administrative hearing, he waives his right to the hearing, and his suspension must not be stayed but continues for the period provided for in subsection (I).
(E) The notice of suspension must advise the person of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also must advise the person that, if he does not request an administrative hearing within thirty days of the issuance of the notice of suspension, he waives his right to the administrative hearing, and the suspension continues for the period provided for in subsection (I). The notice of suspension must also advise the person that if the suspension is upheld at the administrative hearing or if he does not request an ad