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 few words from the Book of Job (38:47):

"Where were you... when the morning stars sang together and the sons of God shouted with joy?"
Let us pray.

Most blessed Father, grant us enlightenment in this holy period, dedicated to Your praise and the acknowledgement of our need.

In a world that is often sad, grant us the kind of faith and inspiration that will make us glad with the quiet confidence in a God who daily gives us truths so that we may sing with the morning stars - and shout with joy!
Amen!

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

Senator LEATHERMAN introduced Dr. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to convene at 10:00 A.M. on Wednesday, March 2, 2005.

The following were introduced:

S. 540 (Word version) -- Senators Leventis and Land: A SENATE RESOLUTION TO RECOGNIZE THE MONTH OF MARCH 2005 AS "EXCEPTIONAL EDUCATORS, EXCEPTIONAL STUDENTS MONTH".

The Senate Resolution was adopted.

S. 541 (Word version) -- Senator Hutto: A SENATE RESOLUTION SHARING THE EXCITEMENT OF THE RESIDENTS OF ALLENDALE COUNTY ON THE OCCASION OF THE DEDICATION OF THE RESTORED AND REOPENED ALLENDALE COUNTY COURTHOUSE AT THE COURTHOUSE DEDICATION CEREMONY AND HOMECOMING ON MARCH 19, 2005.
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The Senate Resolution was adopted.

S. 542 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO RECOGNIZE DURING THE MONTH OF MARCH THE NEED FOR COLORECTAL CANCER AWARENESS AND THE LIFESAVING BENEFITS OF REGULAR SCREENINGS.
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The Senate Resolution was adopted.

S. 543 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 9, 2005, AND FRIDAY, JUNE 10, 2005.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 544 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 545 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

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

S. 546 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-29-760 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTMENT OR AMENDMENT OF A ZONING REGULATION OR MAP, SO AS TO PROVIDE FOR NOTICE OF A PUBLIC HEARING BY CERTIFIED MAIL TO AN AFFECTED LANDOWNER WHO IS A NONRESIDENT OF THE COUNTY IN WHICH THE SUBJECT LAND IS SITUATE.
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Read the first time and referred to the Committee on Judiciary.

S. 547 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 548 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND DR. NORMAN P. PEARSON, SR., PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH IN WILLIAMSTON, FOR HIS THIRTY-FIVE YEARS OF SERVICE TO HIS CHURCH AND COMMUNITY AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3320 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H.

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

H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod, Ott, Walker, Vick, Whipper and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.

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

H. 3367 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".

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

H. 3368 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE BRIDGE CONTAINING THE WORDS "HOOVER FAY BELL BRIDGE".

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

H. 3369 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH CAROLINA STATELINE THROUGH THE TOWN OF CHESTERFIELD TO THE END OF HIGHWAY NUMBER 145 AT U. S. HIGHWAY NUMBER 1 THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE SIGNS CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".

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

H. 3378 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Herbkersman, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Sandifer, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn, Whitmire, Viers, McLeod, J. E. Smith, Delleney

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

H. 3380 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Rutherford, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn, Whitmire, Delleney, Littlejohn, McLeod, J. E. Smith, Viers and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

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

H. 3545 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY

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

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 424 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.

Ordered for consideration tomorrow.

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF

Returned with concurrence.

Received as information.

S. 527 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 2, 2005, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 2, 2005, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

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

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 98 (Word version) -- Senators Reese, Martin, Knotts, Alexander, Mescher, Fair, Richardson, Ford and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.

S. 319 (Word version) -- Senators Hayes, Malloy, Moore, Williams, O'Dell, McGill, Short and Leventis: 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.

S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.

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

S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.

S. 365 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 365.

S. 368 (Word version) -- Senators Leatherman and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

On motion of Senator SETZLER, with unanimous consent, the names of Senators SETZLER and KNOTTS were added as co-sponsors of S. 368.

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

S. 237 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING A PERSON WITH A NOTICE SUSPENDING HIS DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REVISE THE NOTIFICATION PROCEDURE.

S. 251 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-9600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, SO AS TO DELETE THE TERM "STATE VETERINARIAN" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA DEPARTMENT OF AGRICULTURE".

S. 352 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Senator GROOMS explained the Bill.

Senator McCONNELL spoke on the Bill.

Senator THOMAS spoke on the Bill.

Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.

H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.

H. 3430 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A BILL TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE.

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

Senator SHEHEEN proposed the following amendment (3430R001.VAS), which was adopted:

Amend the bill, as and if amended, SECTION 3, page 2, by striking line 6 and inserting:

/         the Chesterfield County Transportation Committee. However, the Chairman of the Chesterfield County Legislative Delegation, as an ex officio nonvoting member of the committee, is not eligible for any compensation or per diem by virtue of his membership on the committee.         /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

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

S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AND TO MAKE CERTAIN OTHER CHANGES RELATED TO COMMERCIAL DRIVERS LICENSES. (ABBREVIATED TITLE)

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

Senator RYBERG proposed the following amendment (SWB\ 6365CM05), which was adopted:

Amend the bill, as and if amended, page 3, by striking SECTION 1 in its entirety and inserting:

/ SECTION   1.   Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-2005.   The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment ( 49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina." /

Amend the bill further, Section 56-1-2030(29), as contained in SECTION 4, page 8, by striking / 383.51(D) / on line 4, and inserting / 383.51(d) /.

Amend the bill further, Section 56-1-2080(A)(2)(i), as contained in SECTION 5, page 8, by inserting / at least annually / before the period on line 31.

Amend the bill further, page 9, by striking Section 56-1-2110(A)(3) in its entirety and inserting:

/     (3)   knowingly and wilfully leaving the scene of an accident involving a commercial motor vehicle driven by the person; /

Amend the bill further by adding the following appropriately numbered SECTION:

/ SECTION __.   Section 56-1-2060 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

Section 56-1-2060.   (A)   Each employer shall require the information specified in Section 56-1-2050(C).

(B)   No An employer knowingly may not allow, permit, or authorize a person to drive a commercial motor vehicle during a period in which:

(1)   the person's commercial driver's license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state;

(2)   the person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license; or

(3)   an employer who knowingly allows, permits, or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand five seven hundred fifty dollars nor more than ten eleven thousand dollars; or

(4)   the employer is in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

(C)   An employer who is convicted of a violation of 49 CFR 383.37(d) is subject to a civil penalty of not more than ten thousand dollars. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

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

The following Resolutions were adopted as follows:

S. 516 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 1, 2005, AND FRIDAY, DECEMBER 2, 2005, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

The Senate Resolution was adopted.

S. 528 (Word version) -- Senators Alexander, O'Dell, Knotts, Ford, Bryant, Leatherman, Grooms, Cromer, Land, Hutto, Setzler, Anderson, Cleary, McGill, Mescher, Leventis, Williams, Moore, Ryberg, J. Verne Smith, Short, Elliott, Drummond, Fair, Richardson, Thomas, Ritchie, Rankin and Scott: A SENATE RESOLUTION REQUESTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION TO APPROVE THE CONTINUATION OF THE ANTIDUMPING AND COUNTERVAILING ORDERS IMPOSED ON HOT-ROLLED STEEL FROM BRAZIL, JAPAN, AND RUSSIA.

The Senate Resolution was adopted.

H. 3534 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.

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

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. D. W. Richardson of Kingstree, S.C.

At 12:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

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