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:

Beloved, hear the uplifting words of Psalm 46:

"God is our refuge and strength, a very present help in trouble. There is a river whose streams shall make glad the city of God!"
Let us pray.

Eternal Spirit, far above us, yet deep within us, as we face the tasks of another week, we pray for quiet hearts - with minds that are wise.

In this forum of freedom and faith, we pray for ample resources, not that our paths should be smooth and easy, but that we should never lose our direction or yield to discouragement.

Guide all nations of the world to the peaceable ways of Your kingdom on earth.
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, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

North Charleston:

James Tuten, 8708 Lockerly Court, North Charleston, S.C. 29420 VICE Charlotte Gillespie

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2003, and to expire April 1, 2008

At-Large:

Wayne Mosely, 6813 Back Bay Drive, Isle of Palms, S.C. 29451 VICE Mickey Lindler

Referred to the Committee on Education.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2004, and to expire May 31, 2007

Appraiser - General:

Chris Cochran, Two Day Appraisal, P.O. Box 2427, Spartanburg, S.C. 29304 VICE Edward Hucks

Referred to the Committee on Labor, Commerce and Industry.

Senator LEATHERMAN introduced Dr. Steven R. Ross of Florence, S.C., Doctor of the Day.

Senator SHEHEEN rose for an Expression of Personal Interest.

S. 593 (Word version) -- Senators Leatherman, J. Verne Smith, Bryant, Cromer, Hayes, Knotts, Ritchie, Grooms, Peeler, Richardson, Verdin, O'Dell, Hawkins, Fair, Courson, Alexander, Martin, Gregory, Elliott, Hutto, Jackson, Land, Leventis, Lourie, Matthews, McGill, Malloy, Moore, Patterson, Pinckney, Reese, Setzler, Sheheen, Short, Williams and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-545 SO AS TO PHASE IN OVER FOUR TAXABLE YEARS BEGINNING IN 2006 A MAXIMUM FIVE PERCENT STATE INDIVIDUAL INCOME TAX ON SOUTH CAROLINA TAXABLE INCOME ATTRIBUTABLE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, TO DEFINE PASS-THROUGH BUSINESSES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, "S" CORPORATIONS, AND LIMITED LIABILITY COMPANIES WHEN SUCH COMPANIES ARE TAXED AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, AND "S" CORPORATIONS AND TO DEFINE ACTIVE TRADE OR BUSINESS INCOME OR LOSS.

On motion of Senator SETZLER, with unanimous consent, the names of Senators ELLIOTT, HUTTO, JACKSON, LAND, LEVENTIS, LOURIE, MATTHEWS, McGILL, MALLOY, MOORE,

S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910, 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION,

On motion of Senator McGILL, with unanimous consent, the names of Senators McGILL and ALEXANDER were added as co-sponsors of S. 601.

The following were introduced:

S. 603 (Word version) -- Senator Thomas: A SENATE RESOLUTION COMMENDING TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND SUPPORTING ITS EFFORTS TO JOIN THE UNITED NATIONS, WHO, AND OTHER INTERNATIONAL ORGANIZATIONS.
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The Senate Resolution was adopted.

S. 604 (Word version) -- Senator Reese: A SENATE RESOLUTION WELCOMING GAMMA PHI DELTA SORORITY TO SPARTANBURG, SOUTH CAROLINA, ON THE OCCASION OF ITS SOUTH ATLANTIC REGIONAL CONFERENCE AND

The Senate Resolution was adopted.

S. 605 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. J.W. LAWRENCE, JOHN F. LAWRENCE, JAY KING, AND FAMILY OF SPARTANBURG COUNTY ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE NEWSPAPER, THE NEWS LEADER, AND TO EXTEND BEST WISHES TO THE PAPER FOR THE FUTURE.
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The Senate Resolution was adopted.

S. 606 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM T. CULPEPPER III, STATE REPRESENTATIVE FROM EDENTON, NORTH CAROLINA, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF NORTH CAROLINA HOUSE OF REPRESENTATIVES AND TO RECOGNIZE HIS DEDICATION TO THE PEOPLE OF BOTH NORTH AND SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3067 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith, Stewart and G. R. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.

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

H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR

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

H. 3695 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION OF DENTISTS AND DENTAL HYGIENISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3696 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.

Ordered for consideration tomorrow.

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

S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.

Ordered for consideration tomorrow.

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

S. 286 (Word version) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE SPARTANBURG COUNTY DISTRICT ONE SCHOOL BOARD.

Ordered for consideration tomorrow.

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

S. 363 (Word version) -- Senators Lourie, Mescher, Setzler, Ford, Knotts, Malloy, Sheheen, Hutto, Short, Patterson, McGill, Leventis, Scott, Drummond, Land, Matthews, Ryberg, Grooms, Moore, Fair, Verdin, Peeler, Leatherman, Thomas, McConnell, Jackson, Campsen and J. Verne Smith: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.

Ordered for consideration tomorrow.

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

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out S. 543 favorable:

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.

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out H. 3510 favorable:

H. 3510 (Word version) -- Reps. McGee, Duncan and Owens: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 10, 2005.

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Ordered for consideration tomorrow.

Columbia, S.C., March 8, 2005

Mr. President and Senators:

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

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885

S. 78 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION TO LAW ENFORCEMENT OFFICERS OR OTHER PERSONS TRAINED BY THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO REVISE THE TYPE OF EVIDENCE RELATING TO CRIMINAL CONVICTIONS AND CHARACTER THAT AN EMPLOYER OF A LAW ENFORCEMENT OFFICER MUST PROVIDE TO THE DEPARTMENT REGARDING AN OFFICER WHO IS A CANDIDATE FOR CERTIFICATION; TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF THE CIVIL RIGHTS OF A PERSON WHO RECEIVES A PARDON, SO AS TO PROVIDE THAT A PARDON DOES NOT ALLOW A PERSON TO BECOME A CERTIFIED LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-21-1000, RELATING TO A CERTIFICATE OF PARDON ISSUED TO A PERSON WHO IS GRANTED A PARDON, SO AS TO PROVIDE THAT CERTAIN PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE CERTAIN SUBSEQUENT OFFENSES.

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E.H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT

By prior motion of Senator McCONNELL, with unanimous consent

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E.H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL

Senator McCONNELL asked unanimous consent to make a motion to take up H. 3008 for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby H. 3008 was given a third reading by unanimous consent.

There was no objection and the motion was adopted.

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

Senator McCONNELL asked unanimous consent to make a motion to take up for immediate consideration a further amendment on third reading.

There was no objection.

Senator McCONNELL proposed the following amendment (JUD3008.004), which was adopted:

Amend the bill, as and if amended, by striking on page 6, lines 19-42, and page 7, lines 1-15, subsections (F) and (G), as contained in SECTION 3, and inserting:

/   (F)   A civil action tried pursuant to this section against a foreign corporation required to possess and possessing a certificate of authority under the provisions of Section 33-15-101 et seq., a foreign limited partnership required to possess and possessing a certificate of authority under the provisions of Section 33-15-101 et seq., a foreign limited

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred; or

(2)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.

(G)   A civil action tried pursuant to this section against a foreign corporation, except a foreign corporation described in subsection (F); a foreign limited partnership, except a foreign limited partnership described in subsection (F); a foreign limited liability company, except a foreign limited liability company described in subsection (F); or a foreign limited liability partnership, except a foreign limited liability partnership described in subsection (F); must be brought and tried in the county in which the:

(1)   most substantial part of the alleged act or omission giving rise to the cause of action occurred;

(2)   plaintiff resides at the time the cause of action arose, or if the plaintiff is a domestic corporation, domestic limited partnership, domestic limited liability company, domestic limited liability partnership, foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership, at its principal place of business at the time the cause of action arose; or

(3)   foreign corporation, foreign limited partnership, foreign limited liability company, or foreign limited liability partnership has its principal place of business at the time the cause of action arose.     /

Renumber sections to conform

Amend title to conform

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the question was the third reading of the Bill.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Smith, J. Verne           Thomas
Verdin                    Williams

Ford

Leventis

The Bill was read the third time, as amended, and returned to the House.

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory,

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

Senator McCONNELL asked unanimous consent to make a motion to take up for immediate consideration a further amendment on third reading.

There was no objection.

Senator McCONNELL proposed the following amendment (JUD0427.004), which was adopted:

Amend the joint resolution, as and if amended, page 4, by striking Section 5, on lines 4 through 5, in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a third reading:

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. Verne Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Article III, Section 9 of the Constitution of this State be amended to read:

"Section 9.   The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the State Capitol Building in the City of Columbia on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives, or both, from receding for a time period not to exceed thirty consecutive calendar days at a time by a majority vote of the members of the body of the

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 9 of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in January at the State Capitol Building in the City of Columbia, but that each body shall be authorized by majority vote to recede for a period of time not to exceed thirty consecutive calendar days at a time, or by two-thirds vote to recede for a time period of more than thirty consecutive calendar days at a time, and to sit in session at the State Capitol Building in the City of Columbia, and to provide for meetings as each body shall consider appropriate, and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?

SECTION   3.   It is proposed that Article III of the Constitution of this State be amended by deleting Section 21, which reads:

"Section 21.   Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting."

SECTION   4.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III of the Constitution of this State be amended by deleting Section 21 which provides that neither house of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which it shall be at the time sitting?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

The question was third reading of the Joint Resolution.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes

Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Williams

The Joint Resolution was read the third time and ordered sent to the House.

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.

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

Senator RICHARDSON proposed the following amendment (3373R001.SHR), which was adopted:

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

/ SECTION   1.   Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:

"Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges under the jurisdiction of the State along the interstate highway system in accordance with the following requirements: at its discretion. However, before it implements a new vegetation management policy pursuant to this section, the department must consult with the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management policy.

(1)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)   a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was unanimously adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.

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

S. 598 (Word version) -- Senators Sheheen and Lourie: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO REVISE THE ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD OF TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Senator SHEHEEN, S. 598 was ordered to receive a third reading on Thursday, March 10, 2005.

S. 20 (Word version) -- Senators McConnell, Ritchie, Short, Elliott and Ford: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911, RELATING TO THE RECORDING OF MOTION PICTURES IN A MOTION PICTURE THEATER, SO AS TO MAKE UNLAWFUL THE RECORDING IN A MOTION PICTURE THEATER OF A MOTION PICTURE WITHOUT CONSENT; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO CREATE PENALTIES FOR SUCH ACTION.

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.

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

Senator HAYES proposed the following amendment (SWB\ 6390CM05), which was adopted:

Amend the bill, as and if amended, Section 56-3-5400(A), as contained in SECTION 1, by deleting / thirty-five / on line 40, page 1 and inserting / seventy /.

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF FURBEARERS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYER'S LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS

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

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

S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, AND TO MAKE CERTAIN OTHER CHANGES. (ABBREVIATED TITLE)

Senator MARTIN made a motion to set S. 305 for Special Order.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson*                  Cromer
Drummond*                 Elliott                   Fair
Gregory                   Grooms                    Hawkins

Hayes                     Hutto                     Knotts
Land*                     Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore*
O'Dell                    Patterson                 Peeler
Rankin                    Reese*                    Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Smith, J. Verne           Verdin                    Williams

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Bill was made a Special Order.

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 3, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF NONECONOMIC DAMAGES; TO AMEND CHAPTER 35, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator McCONNELL spoke on the Bill.

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

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

S. 185 (Word version) -- Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.

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

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

Senator HUTTO spoke on the Bill.

Senator RITCHIE explained the Bill.

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

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

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

North Charleston:

James Tuten, 8708 Lockerly Court, North Charleston, S.C. 29420 VICE Charlotte Gillespie

At 3:50 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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