Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear a word from the Book of Ecclesiastes, and lift up your heart (2:10b):

"For my heart rejoiced in all my labor;

And this was my reward from all my labor."

Let us pray.

Father, You and our people have called us to serve in government. You have taught us the art of statecraft and statesmanship.

This way brings much joy, but sometimes considerable weariness!

Help us to be prepared for both! Without You, Father, all our labor is vanity!

Give us pleasure and joy in our labor this day.

Amen!

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

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

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2004, and to expire June 30, 2008

3rd Congressional District:

Anne W. Thayer, 225 Ansonborough Plantation, Belton, S.C. 29627 VICE Elizabeth Weaver

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2005, and to expire May 31, 2010

4th Congressional District:

Johnnie McKeiver Walters, P. O. Box 2817, Greenville, S.C. 29602 VICE Pete Gus Diamaduros

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District:

Frank Clark, P. O. Box 465, Irmo, S.C. 29341 VICE M. Stewart Mungo

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006

Area 6:

Lynn E. Knipher, P.O. Box 742, Camden, S.C. 29050 VICE Sue A. Pitts

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence November 8, 2004, and to run coterminous with the Governor

Podiatrist - At-Large:

Stephen V. Corey, D. P. M., 402 Nelson Blvd. Suite 300, Kingstree, S.C. 29556 VICE Marshall N. Kalinsky

Referred to the Committee on Medical Affairs.

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006

Audiologist:

Alan Smith, AuD, Anderson Audiology Consultants, PA, 1209 North Fant St., Anderson, S.C. 29621 VICE Lynn M. Lehman, AuD

Referred to the Committee on Medical Affairs.

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2001, and to expire June 1, 2005

Speech-Language Pathologist:

Lily Nalty, 88 Hillmark Dr., Columbia, S.C. 29210 VICE Martha S. McDade

Referred to the Committee on Medical Affairs.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2007

Naval Officer - Retired:

RADM James H. Flatley III, 488 Rice Hope Drive, Mt. Pleasant, S.C. 29464

Referred to the Committee on Transportation.

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

Document No. 2927
Agency: Department of Health and Environmental Control
SUBJECT: The Practice of Selling and Fitting Hearing Aids
Received by the Lieutenant Governor January 20, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2005

Document No. 2943
Agency: Department of Health and Environmental Control
SUBJECT: Air Pollution Control Regulations and Standards
Received by Lieutenant Governor January 20, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2005

Document No. 2944
Agency: Department of Health and Environmental Control
SUBJECT: Infectious Waste Management Regulations
Received by Lieutenant Governor January 20, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2005

On motion of Senator SETZLER, at 12:05 P.M., Senator DRUMMOND was granted a leave of absence until 5:00 P.M. today.

Senator PEELER rose for an Expression of Personal Interest.

S. 207 (Word version) -- Senators J. Verne Smith and Hutto: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO CLAIMS FOR REFERRAL PURPOSES OF CLAIMS MADE PURSUANT TO THE AMENDMENTS MADE BY THIS ACT.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 207.

S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews and Rankin: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 212.

S. 214 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 214.

S. 221 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS.

On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor to S. 221.

S. 227 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 227.

S. 248 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 248.

S. 258 (Word version) -- Senators Fair, Martin, Bryant and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 258.

S. 259 (Word version) -- Senators Fair, Martin, Bryant, Malloy and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO PROVIDE THAT THESE CREDITS MAY BE FORFEITED IF AN INMATE HAS

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 259.

S. 264 (Word version) -- Senators Fair, Martin, Bryant, Malloy and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT A COURT MAY DIRECT THAT AN INMATE NOT BE ALLOWED TO SERVE A LAWSUIT AGAINST ANY PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 264.

S. 276 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, SO AS TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 276.

S. 294 (Word version) -- Senator Richardson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 294.

S. 295 (Word version) -- Senators Martin and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.

On motion of Senators RYBERG and CAMPSEN, with unanimous consent, the names of Senators RYBERG and CAMPSEN were added as co-sponsors to S. 295.

S. 297 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IS AUTHORIZED TO PRESCRIBE THE FORM OF ANY LICENSE, STAMP, PERMIT, OR TAGS ISSUED UNDER TITLE 50 AND IS AUTHORIZED TO PROVIDE FOR THEIR ELECTRONIC SALE AND DISTRIBUTION, TO ALSO AUTHORIZE THE DEPARTMENT FOR A FIVE-YEAR PERIOD TO COLLECT A ONE-DOLLAR SURCHARGE ON ANY LICENSE, STAMP, PERMIT, OR TAG ISSUED, AND TO PROVIDE FOR THE MANNER IN WHICH THIS SURCHARGE SHALL BE USED; AND TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE FORM OF THE STAMP MUST BE AS PRESCRIBED BY THE DEPARTMENT; AND TO PROVIDE THAT ANY PICTORIAL STAMP MUST BE VALIDATED BY THE SIGNATURE OF THE LICENSEE WRITTEN ACROSS THE FACE OF THE STAMP.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor to S. 297.

S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS

On motion of Senator MOORE, with unanimous consent, the name of Senator MOORE was added to S. 305.

S. 316 (Word version) -- Senators Elliott and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-210 SO AS TO PROVIDE THAT AN INDIVIDUAL WITH NO CREDIT HISTORY MAY NOT BE ASSESSED A PREMIUM SURCHARGE FOR THIS REASON BY AN INSURANCE COMPANY DOING BUSINESS IN THIS STATE FOR ANY LINE OF INSURANCE.

On motion of Senator MOORE, with unanimous consent, the name of Senator MOORE was added to S. 316.

The following were introduced:

S. 319 (Word version) -- Senators Hayes and Malloy: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.
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Read the first time and referred to the Committee on Education.

S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES RESERVE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS.
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Read the first time and referred to the Committee on Finance.

S. 321 (Word version) -- Senators Moore and Martin: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.
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Read the first time and referred to the General Committee.

S. 322 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA STATE LODGE OF THE FRATERNAL ORDER OF POLICE.
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Read the first time and referred to the Committee on Judiciary.

S. 323 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 1 AND 7 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2005.

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

S. 324 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, BY ADDING SECTION 8-13-1375, TO PROVIDE THAT IT IS UNLAWFUL FOR LABOR ORGANIZATIONS TO MAKE CONTRIBUTIONS TO OR EXPENDITURES ON BEHALF OF POLITICAL CANDIDATES OR COMMITTEES FROM UNION DUES AND TO PROVIDE THAT ALL CONTRIBUTIONS OR EXPENDITURES MUST BE MADE FROM A SEPARATE FUND DERIVED FROM VOLUNTARY CONTRIBUTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 325 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-107 SO AS TO PROVIDE THAT A CITY, COUNTY, OR OTHER POLITICAL SUBDIVISION THAT OWNS AND OPERATES AN EMERGENCY AMBULANCE MAY PAINT AND PLACE EMBLEMS AND MARKINGS ON THE EXTERIOR SURFACE OF THE AMBULANCE AS THE ENTITY CHOOSES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen and J. Verne Smith: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 327 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-285 SO AS TO PROVIDE FOR THE ISSUANCE AND USE OF A MOTOR VEHICLE STICKER OR DECAL INDICATING THAT A VEHICLE IS AN INSURED VEHICLE, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR RELATED MATTERS.
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Read the first time and referred to the Committee on Transportation.

S. 328 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-1235 SO AS TO PROVIDE THAT A TAXICAB COMPANY THAT LEASES A TAXICAB THROUGH AN INDEPENDENT CONTRACTOR AGREEMENT MUST OBTAIN CERTAIN LIABILITY INSURANCE, PROVIDE THAT A TAXICAB COMPANY IS NOT REQUIRED TO PROVIDE WORKERS' COMPENSATION COVERAGE FOR A DRIVER WHO LEASES THE COMPANY'S TAXICAB AS AN INDEPENDENT CONTRACTOR, AND PROVIDE THAT THE PROVISIONS OF THE WORKERS' COMPENSATION LAW DO NOT APPLY TO A DRIVER WHO LEASES A TAXICAB UNDER AN INDEPENDENT CONTRACTOR LEASE AGREEMENT; TO AMEND SECTION 42-1-375, RELATING TO EXEMPTIONS OF CERTAIN PERSONS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO EXEMPT A DRIVER WHO LEASES A TAXICAB UNDER AN INDEPENDENT CONTRACTOR LEASE AGREEMENT WITH A TAXICAB COMPANY FROM THE WORKERS' COMPENSATION LAW; TO AMEND SECTION 58-23-1220, AS AMENDED, RELATING TO LIABILITY INSURANCE REQUIRED FOR A TAXI, SO AS TO DELETE SPECIFIC DOLLAR AMOUNTS OF LIABILITY INSURANCE REQUIRED FOR A TAXI FROM THIS SECTION, AND PROVIDE THAT THE MINIMUM STATUTORY LIMITS OF INSURANCE REQUIRED FOR A VEHICLE, OR CERTAIN ALTERNATIVE SELF-INSURER PROVISIONS, APPLY TO A TAXI; TO AMEND SECTION 58-23-1230, RELATING TO FILING A BOND INSTEAD OF LIABILITY INSURANCE FOR A TAXI, SO AS TO ALLOW A TAXI COMPANY TO COMPLY WITH CERTAIN SELF-INSURER PROVISIONS, OR DEPOSIT A BOND INSTEAD OF INSURANCE IN THE AMOUNT OF THE MINIMUM STATUTORY LIMITS OF

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

S. 329 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 77 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHOOSE LIFE" AND "PRO CHOICE" SPECIAL LICENSE PLATES.
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Senator THOMAS spoke on the Bill.

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

S. 330 (Word version) -- Senator Thomas: A BILL TO AMEND CHAPTER 56, TITLE 3 OF THE 1976 CODE, BY ADDING ARTICLE 98, ENTITLED SCHOOL CHOICE SPECIAL LICENSE PLATES, TO ALLOW THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL LICENSE PLATE IMPRINTED WITH THE WORDS SCHOOL CHOICE - THE RIGHT CHOICE, TO REQUIRE THAT THE BIENNIAL FEE COLLECTED FOR THE SPECIAL LICENSE PLATE IS USED TO PROVIDE SCHOLARSHIPS TO PRIVATE SCHOOLS.
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Read the first time and referred to the Committee on Transportation.

S. 331 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE OVER THE LYNCHES RIVER ON HIGHWAY 52 BETWEEN EFFINGHAM AND LAKE CITY IN MEMORY OF DEPUTY JOSEPH C. RODGERS AND INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE.
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On motion of Senator LEATHERMAN, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.

S. 332 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROTARY INTERNATIONAL ON

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

S. 333 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA TO MS. ESSIE SHEALY OF COLUMBIA ON THE OCCASION OF HER FIFTIETH BIRTHDAY ON FEBRUARY 5, 2005, AND TO WISH HER MANY MORE YEARS OF HAPPINESS.
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The Senate Resolution was adopted.

S. 334 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE SINCERE GRATITUDE AND DEEP APPRECIATION OF THE MEMBERS OF THE SENATE TO DAVID CUNNINGHAM, CHIEF OF THE BATH FIRE DEPARTMENT, FOR HIS SERVICE TO THE CITY OF BATH AND EXTENDING VERY BEST WISHES AS HE BEGINS HIS NEW ROLE AS WATER/FIRE COMMISSIONER.
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The Senate Resolution was adopted.

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

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 15 (Word version) -- Senators McConnell, Elliott, Ritchie, Fair, Ford, Leventis and Campsen: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL

S. 19 (Word version) -- Senators McConnell, Campsen, Elliott, Hayes, Fair, Richardson and Bryant: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR

S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander, Leatherman, Leventis and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.

S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. Verne Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short, Thomas and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.

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

Senator SETZLER proposed the following amendment (JUD0018.003), which was adopted:

Amend the committee report, as and if amended, page [18-1], line 29, in Section 58-5-480, by striking the line in its entirety and inserting therein the following:

/   of performing its duties under this article; however, no more than one position for each natural gas utility regulated pursuant to this article may be authorized. All salaries, benefits,   /.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

The Judiciary Committee proposed the following amendment (JUD0018.001), which was adopted:

Amend the bill, as and if amended, page 8, after line 2 and before the ( " ), by adding a new section to read:

/   Section 58-5-480.   The Office of Regulatory Staff is authorized additional positions as the General Assembly may provide in the annual General Appropriations Act for the purpose of performing its duties under this article. All salaries, benefits, expenses, and charges incurred by the Office of Regulatory Staff for these positions must be borne by the natural gas utilities regulated pursuant to this article.

On or before the first day of July in each year, the Department of Revenue must assess each natural gas utility regulated pursuant to this article an equal portion of these salaries, benefits, expenses, and charges on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the natural gas utilities by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the natural gas utilities, including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State. These assessments are in addition to any amounts assessed pursuant to Section 58-4-60. These assessments must be deposited in a special fund with the State Treasurer's Office from which the salaries, benefits, expenses, and

The Office of Regulatory Staff must annually certify to the Department of Revenue on or before May first the amounts to be assessed.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

Senator RYBERG explained the Bill.

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.

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

H. 3270 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND BEAUFORT COUNTY AND THE BEAUFORT COUNTY COUNCIL FOR BECOMING THE FIRST LOCAL JURISDICTION TO PARTNER WITH THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE NAVY, IN PURCHASING A RESTRICTIVE EASEMENT TO PREVENT ENCROACHMENT UPON THE MARINE CORPS AIR STATION IN BEAUFORT AND ENCOURAGE OTHER LOCAL GOVERNMENTS ACROSS SOUTH CAROLINA AND THE

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

There was no objection.

The Resolution was recalled from the General Committee.

The Resolution was ordered placed on the Calendar for consideration tomorrow.

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

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

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A

The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.

Senator RYBERG explained the Bill.

The Committee on Transportation proposed the following amendment (SWB\6245CM05), which was adopted:

Amend the bill, as and if amended, Section 56-5-6540(F)(C), as contained in SECTION 3, page 4 by adding before the / . / on line 7, / based upon probable cause /

Amend the bill, further, Section 56-5-6540(F), as contained in SECTION 3, page 4 by striking line 22 and inserting:

/ determines that the State has failed to prove that the person was not wearing a safety belt, no penalty /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The committee amendment was adopted.

Senator HUTTO proposed the following Amendment No. 1 (1R001.CBH), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 10 and inserting:

/   article shall, upon conviction adjudication, must be fined not more than     /

Amend the bill further, as and if amended, page 3, by striking line 5 and inserting:

/   of this article, upon conviction adjudication, must be fined not more than   /

Amend the bill further, as and if amended, page 3, by striking line 8 and inserting:

/   assessed against the person convicted adjudicated. No A person may must not   /

Amend the bill further, as and if amended, page 3, by striking line 15 and inserting:

/   conviction adjudication for violation of this article does not constitute a     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Senator HUTTO proposed the following Amendment No. 3 (1R007.CBH), which was adopted:

Amend the bill, as and if amended, Section 56-5-6540(A), as contained in SECTION 3, page 3, by deleting lines 4 through 21, and inserting:

/   Section 56-5-6540.   (A)   A person who violates the provisions of this article, upon conviction adjudication, must be fined not more than twenty-five twelve dollars, all or part no part of which may be suspended. No Court costs, assessments, or surcharges may be assessed against the person convicted. No A person may must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction An adjudication for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction an adjudication for a violation of this article must not be:

(1)   included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(2)   reported to the offender's motor vehicle insurer.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 4 (1R005.GFM), which was tabled:

Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 40 through 42:

/   (E)(B)   A violation of this article does not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

Senator HUTTO moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Anderson                  Cleary                    Cromer
Elliott                   Fair                      Gregory
Hayes                     Hutto                     Jackson
Land                      Lourie                    Malloy
Martin                    Matthews                  McGill
Moore                     Patterson                 Pinckney
Ritchie                   Ryberg                    Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Williams

Alexander                 Bryant                    Campsen
Ford                      Grooms                    Hawkins
Knotts                    Leatherman                McConnell
Mescher                   O'Dell                    Peeler
Scott                     Verdin

The amendment was laid on the table.

Senators McCONNELL and KNOTTS proposed the following Amendment No. 6 (1R004.GFM):

Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 22 through 42 and page 4 by striking lines 1 through 26 and inserting:

/   (B)   A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows: issue a citation for a violation of this article when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when a passenger in the vehicle is in violation of this article or the driver is cited for violating another motor vehicle law.

(1)   when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

(2)   when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.

(C)   A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(D)   A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.

(E)(C)   A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

(F)(D)   No A vehicle, driver, or occupant in a vehicle may must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article or a stop made under subsection (B)(1). If a vehicle is stopped solely for a violation of this article, a law enforcement officer may not search the driver, the passengers, and the vehicle unless the search is for a separate and distinct offense.

(E)   A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.

(F)   A person must not be adjudicated to be in violation of this article except upon proof beyond a reasonable doubt.

(G)   A person charged with a violation of this article may admit or deny a violation of this article, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact determines beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the person was wearing a safety belt, no penalty shall be assessed.

(H)   A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

On motion of Senators KNOTTS, SETZLER, LEVENTIS and CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Amber Renee Sanders, beloved daughter of Walter L. "Sonny" Sanders and the late Glen Sanders, of Lexington, S.C. Miss Sanders, who passed away on January 14, 2005, was a former Poster Child for the Heart Association, the Association for Mental Retardation and a participant in the Special Olympics.

At 1:27 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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