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 words of insight recorded by St. Matthew (9:35-38):

"When He saw the crowds, He had compassion for them."

Let us pray.

Father in Heaven, sometimes we can't work up any great enthusiasm for crowds. It is difficult to relate to a multitude.

Give us the ability to see the faces in the crowd - the frightened child, the lonely widow, the young man with too much money, the man born blind, the troubled father, the conscience-torn sinner.

May we, in our neighborhoods touch one, then touch another, 'til all feel the reality of a great supporting fellowship that we know to be a concerned STATE Government!
Amen!

At 12:08 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
O'Dell                    Patterson                 Peeler
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen

Short                     Smith, J. Verne           Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

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

The following appointment was transmitted by the Honorable Mark C. Sanford:

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005

1st Congressional District:

Cheryl Ludlam, 134 Hidden Fawn Circle, Goose Creek, S.C. 29445 VICE Harold Rhodes

Referred to the Committee on Judiciary.

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

Document No. 2961
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
SUBJECT: Guidelines for Sedation and General Anesthesia
Received by Lieutenant Governor March 14, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration July 12, 2005
(Subject to Sine Die Revision)

The following was received:

Document No. 2903
Agency: Department of Health and Environmental Control

Senator SHEHEEN introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.

The following were introduced:

S. 617 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Ryberg and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
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Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, the Bill was referred to the Committee on Finance.

S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Drummond and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH

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

S. 619 (Word version) -- Senators Lourie, Jackson, Short and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "DOMESTIC HOMICIDE PREVENTION ACT" SO AS TO PROVIDE A PROCEDURE FOR THE SURRENDER OF FIREARMS OWNED BY A PERSON CONVICTED OF CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; BY ADDING SECTION 16-25-100 SO AS TO CREATE THE OFFENSE OF FAILURE TO SURRENDER A FIREARM AFTER CONVICTION FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE AND TO PROVIDE A PENALTY; BY ADDING SECTION 16-25-110 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY SELL A FIREARM TO A PERSON CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-1750, AS AMENDED, RELATING TO RESTRAINING ORDERS AGAINST PERSONS ENGAGED IN HARASSMENT OR STALKING, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OFFENSES IN THE LIST OF OFFENSES THE MAGISTRATES COURT HAS JURISDICTION OVER AN ACTION SEEKING A RESTRAINING ORDER, TO ALLOW THE COURT TO ORDER THE SURRENDER OF FIREARMS IF THE COURT FINDS IMMINENT DANGER EXISTS, AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING IF IMMINENT DANGER EXISTS; TO AMEND SECTION 16-25-10, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF CRIMINAL DOMESTIC VIOLENCE SO AS TO ADD A DEFINITION OF "FIREARM"; TO AMEND SECTION 17-15-40, RELATING TO CONDITIONS OF RELEASE SO AS TO REQUIRE THE COURT TO ORDER A PERSON CHARGED WITH A VIOLENT OFFENSE TO SURRENDER ALL FIREARMS AS A CONDITION OF BOND, TO ALLOW THE COURT TO ORDER A

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

S. 620 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATES' HIGHWAYS BY ADDING ARTICLE 8, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY ESTABLISH AUTOMATIC TRAFFIC CONTROL SYSTEMS IN HIGHWAY WORK ZONES AND SCHOOL ZONES.
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Read the first time and referred to the Committee on Transportation.

S. 621 (Word version) -- Senators Courson, Anderson, Bryant, Campsen, Cleary, 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, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO JENNIFER LUCILLE PARRISH, COUNSEL TO THE OFFICE OF SENATE RESEARCH, FOR HER EXCELLENT SERVICE TO THE SENATE, AND TO EXTEND BEST WISHES TO HER IN HER NEW

The Senate Resolution was adopted.

S. 622 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE GEORGIA PACIFIC CORPORATION'S RUSSELLVILLE PLANT AND ITS EMPLOYEES FOR ACCEPTANCE INTO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL ENVIRONMENTAL PERFORMANCE TRACK PROGRAM.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 623 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO PASS AND THE PRESIDENT OF THE UNITED STATES TO ENACT IMMEDIATELY A WELL-FUNDED, MULTI-YEAR REAUTHORIZATION OF FEDERAL AND HIGHWAY TRANSIT PROGRAMS.
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On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 624 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, 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, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR. OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

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

S. 625 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RICHLAND COUNTY SHERIFF LEON LOTT ON BEING NAMED "SHERIFF OF THE YEAR" FOR 2004 BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION AND TO WISH HIM CONTINUED SUCCESS IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3079 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

H. 3110 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G. R. Smith, Hamilton, Leach, F. N. Smith, Vaughn, Pinson, E. H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott,

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

H. 3239 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-9600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES, THE FEES FOR THESE LICENSE PLATES, AND THE SPECIAL FUND TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING PROGRAMS, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE STATE VETERINARIAN IS AUTHORIZED TO DESIGNATE THE USES OF MONIES IN THE SPECIAL FUND AND TO RECEIVE SPECIAL FUND MONIES FOR ADMINISTERING THE PROGRAM.

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

H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-15-50 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.

Read the first time and referred to the General Committee.

H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH

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

H. 3424 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.

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

H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.

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

H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.

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

H. 3743 (Word version) -- Reps. Govan, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION WELCOMING THE NATIONAL JURISDICTION OF BLACK METHODISTS FOR CHURCH RENEWAL, INC., (BMCR) TO THE 38TH ANNUAL MEETING OF THE GROUP, HOSTED THIS YEAR BY THE STATE OF SOUTH CAROLINA CHAPTER IN MYRTLE BEACH.

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

H. 3744 (Word version) -- Reps. Govan, Hosey, Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart,

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

H. 3745 (Word version) -- Rep. Ballentine: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO THE MEMBERS OF THE RIVERLAND HILLS BAPTIST CHURCH UPON THE OCCASION OF THE COMPLETION OF THEIR NEW WORSHIP, EDUCATIONAL, AND ADMINISTRATIVE FACILITIES INTO WHICH THE CONGREGATION WILL MOVE IN THE FALL OF 2005.

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

H. 3751 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHESTERFIELD HIGH SCHOOL "RAMS" WRESTLING TEAM, HEAD COACH LANCE ABERNATHY, AND HIS STAFF FOR THEIR OUTSTANDING 2004-2005 SEASON AND SECOND CONSECUTIVE CLASS AA/A STATE CHAMPIONSHIP.

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

H. 3752 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004-2005 STATE AA BASKETBALL CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND COACH HAL MCMANUS AND HIS FINE STAFF ON THEIR IMPRESSIVE SEASON.

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

H. 3769 (Word version) -- Reps. Bingham, Ballentine, Clark, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts and Toole: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF LOWELL C. "BUTCH" SPIRES, JR., OF LEXINGTON COUNTY UPON HIS DEATH AND TO EXPRESS THE GRATITUDE OF THE CITIZENS OF LEXINGTON COUNTY, THE MIDLANDS REGION, AND THE STATE OF SOUTH CAROLINA FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

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

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 4 (Word version) -- Senators Leatherman, Setzler, Hayes, Mescher, Gregory, Alexander, Martin, Short and Rankin: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 59, TO ENACT THE "SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT"; TO AMEND SECTION 59-17-135 RELATING TO CHARACTER EDUCATION, TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT; TO AMEND SECTION 59-18-900, RELATING TO SCHOOL REPORT CARDS, TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 144 (Word version) -- Senators Mescher, Short and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING

Ordered for consideration tomorrow.

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

S. 209 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS TO PROPERTY LEASED BY SUCH DEPARTMENTS AND SQUADS.

Ordered for consideration tomorrow.

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.

Returned with concurrence.

Received as information.

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

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

S. 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.

S. 363 (Word version) -- Senators Lourie, Mescher, Setzler, Ford, Knotts, Malloy, Sheheen, Hutto, Short, Patterson, McGill, Leventis, Scott, Drummond,

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.

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

S. 202 (Word version) -- Senators Sheheen, Lourie and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-175 SO AS TO PROVIDE THAT A LENDER WHO DELIVERS AN UNSOLICITED CHECK TO A PERSON MUST DISCLOSE THAT THE CHECK SECURES A LOAN, THE TERMS OF THE LOAN, AND NOTICE THAT BY NEGOTIATING THE CHECK THE RECIPIENT HAS ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION AND RECOURSE FOR INTENDED PAYEES IF AN UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO APPROPRIATE PENALTIES AND ENFORCEMENT.

S. 289 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH

Senator GREGORY explained the Bill.

S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX-HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".

H. 3130 (Word version) -- Reps. Scarborough, Harrell, Vaughn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".

S. 348 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-348 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 4-13 and inserting:

/   "Section 45-5-80. (A) All hotels in this State that are not required by law to have a fire sprinkler system in the building shall post a notice in a conspicuous place at or near the guest registration desk no later than 30 days after the effective date of the act. The posting must be on an eight and one-half inches by eleven inches sign with letters no less than three quarters of an inch in size and must state the following: 'This facility is NOT required by law to have a fire sprinkler system.'

(B) A hotel that violates the provisions of this section shall be fined up to two thousand dollars for each violation. Each day constitutes a separate violation."       /

Amend the bill further, page 2, by striking line 21 and inserting:

/     sprinkler system may include with all insurance coverage renewal       /

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH 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.

On motion of Senator J. VERNE SMITH, with unanimous consent, the name of Senator J. VERNE SMITH was added as a co-sponsor of S. 348.

S. 117 (Word version) -- Senators Ritchie, Fair and Richardson: A BILL TO AMEND SECTION 59-150-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE EDUCATION LOTTERY ACCOUNT, SO AS TO PROVIDE FOR A SCHOLARSHIP RESERVE ACCOUNT, FUNDED BY EXCESS LOTTERY PROCEEDS AND INVESTMENT EARNINGS, FOR THE EXCLUSIVE PURPOSE OF MAINTAINING FUNDING OF CERTAIN SCHOLARSHIPS, GRANTS, AND ASSISTANCES IF CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS ARE INSUFFICIENT TO FUND THEM, TO DEFINE "EXCESS", AND TO LIMIT THE AMOUNT OF THE RESERVE TO THREE PERCENT OF THE EDUCATION LOTTERY ACCOUNT REVENUE FOR THE LATEST COMPLETED FISCAL YEAR.

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

The Finance Committee proposed the following amendment (117R001.RWH), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 1 through 4 and inserting:

/     latest complete fiscal year. 'Excess' means the funds remaining at the end of each fiscal year, over and above the full funding of all appropriations that are not contingent and are based on certified lottery proceeds in the general appropriation bill and any supplemental appropriation bill, except that excess does not include unclaimed prize money. These excess monies must be           /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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. 67 (Word version) -- Senators Short, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-1460 SO AS TO ENACT THE "VOLUNTEER FIREFIGHTER JOB PROTECTION ACT", PROHIBITING AN EMPLOYER FROM FIRING A VOLUNTEER FIREFIGHTER WHO MISSES TIME AT WORK AS A RESULT OF RESPONDING TO AN EMERGENCY IN THE COURSE OF PERFORMING HIS DUTIES AS A VOLUNTEER FIREFIGHTER, ALLOWING THE EMPLOYER TO REQUIRE A WRITTEN STATEMENT AND REASONABLE NOTICE AND TO DEDUCT TIME LOST FROM THE EMPLOYEE'S REGULAR PAY, TO CREATE A CIVIL CAUSE OF ACTION FOR VIOLATION OF THIS ACT AND PROVIDE REMEDIES, AND TO MAKE THIS ACT APPLICABLE TO A VOLUNTEER FIREFIGHTER FOR A FIRE AUTHORITY SERVING A POPULATION OF THREE THOUSAND FIVE HUNDRED OR LESS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senators SHORT and ALEXANDER proposed the following amendment (SHORT-ALEXANDER S-67), which was adopted:

Amend the committee amendment, as and if amended, by striking the committee amendment and inserting:

//     /     SECTION   1.   Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-1460.   (A)   This section may be cited as the 'Volunteer Firefighter and Emergency Medical Services Personnel Job Protection Act'.

(B)   As used in this section, 'volunteer firefighter' means a firefighter who does not receive monetary compensation for services to a fire authority and who does not work for another fire authority for monetary compensation.

(C)   As used in this section, 'volunteer emergency medical services personnel' means an emergency medical services employee who does not receive monetary compensation for services to a first responder agency, an organized rescue squad, or a county emergency medical service system and who does not work for another related entity for monetary compensation.

(D) An employer may not fire an employee who is a volunteer firefighter or a volunteer emergency medical services personnel and who, when acting as a volunteer firefighter or a volunteer emergency medical services personnel, is part of the firefighter mobilization plan established pursuant to Chapter 49 of Title 23 and is responding to an emergency where the President of the United States has declared a state of emergency or where the Governor has declared a state of emergency in a county in the State."

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

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-67 AMENDMENT), which was adopted:

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

/   SECTION   1.   Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-1460.   (A)   This section may be cited as the 'Volunteer Firefighter Job Protection Act'.

(B)   As used in this section, 'volunteer firefighter' means a firefighter who does not receive monetary compensation for services to a fire authority and who does not work for another fire authority for monetary compensation.

(C)   An employer may not fire an employee who is a volunteer firefighter and who, when acting as a volunteer firefighter is part of the firefighter mobilization plan established pursuant to Chapter 49 of Title 23 and is responding to an emergency where the President of the United States has declared a state of emergency or where the Governor has declared a state of emergency in a county in the State."

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

Renumber sections to conform.

Amend title to conform.

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. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-581 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2 by striking lines 6-43 and on page 3 by striking lines 1-43 and on page 4 by striking lines 1-5 and inserting:

/       Section 41-14-20.   For the purposes of this chapter:

(1) 'API-ASME' means the American Petroleum Institute-American Society of Mechanical Engineers.

(2) 'ASME' means the American Society of Mechanical Engineers.

(3) 'Board' means the Contractors' Licensing Board.

(4) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electrical, solar, or nuclear energy. The term 'boiler' includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined to include any of the following terms:

(a)   'heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or

(b)   'high pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit; or

(c)   'power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.

(5)   'Department' means the Department of Labor, Licensing and Regulation.

(6)   'Director' means the Director of the Department of Labor, Licensing and Regulation.

(7)   'Owner' means the person or persons who own or operate any business operating a boiler required to be registered under this chapter.

Section 41-14-30.   (A)(1)   The board shall promulgate regulations for the safe maintenance and repair of boilers in this State.

(2) All new installations shall conform to generally accepted nationwide engineering standards. Conformity with the most recent edition of the Boiler and Pressure Vessel Code or the ASME Code shall be accepted as conformity with generally accepted nationwide engineering standards.

(3)   The board shall promulgate regulations for installation and repair of boilers which were in use in this State prior to the implementation of the statewide building code. The regulations must be based upon, and at all times follow, generally accepted nation wide engineering standards and practices and may adopt applicable sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.

(B)   The regulations and any subsequent regulations promulgated by the board must be adopted pursuant to the Administrative Procedures Act.

Section 41-14-40.   (A)   Any new boiler installed and operated in this State, unless otherwise exempted, must be designed and constructed in accordance with the ASME Code or a nationally recognized code of construction. Any new boiler installed in this State must be marked in accordance with the code of construction and must be registered with the National Board of Boiler and Pressure Vessel Inspectors. Copies of registration documents must be provided to the jurisdiction when requested.

(B)   Only a boiler that conforms to the regulations of the board governing installation must be installed and operated in this State after twelve months from the date upon which the first regulations under this chapter pertaining to installation have become effective; however, the board may issue a special installation and operating permit for a boiler that is of special design or construction and that is not inconsistent with the spirit and safety objectives of the regulations. The board shall issue a special installation and operating permit after determining on the record and after an opportunity for inspection of the boiler or the plans for the boiler that the proponent of the special permit has demonstrated by a preponderance of the evidence that the special design or construction will provide an equivalent degree of safety to that of conformance with the regulations. The board shall accept comments from any interested party concerning the application for a special installation and operating permit. The permit so issued shall prescribe the conditions the owner or operator must maintain.   /

Amend further page 4 by striking lines 10-11 and inserting:

/   was constructed and stamped. Subject to the concurrence of the chief inspector, the boiler may be     /

Amend further page 5 by striking line 5 and inserting:

/   (7) boilers operated and maintained by a public utility or the Public Service Authority   /

Amend further, page 5 by striking lines 17-18 and inserting:

/   Section 41-14-70. (A) The director shall appoint a chief inspector who is a resident of this State and who at the time of the     /

Amend further, page 5 by striking line 26 and inserting:

/   (B) The chief inspector must be   /

Amend further page 6 by striking lines 12-43 and on page 7 by striking lines 1-5 and inserting:

/   Section 41-14-90.   The examination for chief inspector or special inspectors must be in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors.

Section 41-14-100. The board shall discipline certified inspectors in the manner authorized by Title 40, Chapter 1. The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and reports of violations of this chapter as provided for in Title 40, Chapter 1. In addition to other remedies provided for in this chapter, the board in accordance with Title 40, Chapter 1 may issue a cease and desist order or may petition the Administrative Law Court for a equitable relief to enjoin a violation of this chapter.     /

Amend further page 7 by striking line 8 and inserting:

/   destroyed, a duplicate certificate of competency must be issued without   /

Amend further page 7 by striking lines 36-43 and inserting:

/   (3)   The board may provide for longer periods between certificate inspection in its regulations.

(4)   Pursuant to this chapter, the board has jurisdiction over the interpretation and application of the inspection requirements as provided for in regulations of the board. The person conducting the inspection during installation or repair shall certify as to the minimum requirements     /

Amend further page 8 by striking lines 18-21.

Amend further page 8 by striking lines 32-33 and inserting:

/   is found to comply with the regulations of the board, the chief inspector shall issue to the owner or user an     /

Amend further page 9 by striking lines 20-38 and inserting:

/   Section 41-14-150.   Fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and Section 40-1-50(D).

SECTION   2. Section 40-11-410(4)(o) of the 1976 Code is amended to read:

"Section 40-11-410(2). (o) 'Boiler installation' which includes those who are qualified to install, repair, and service boilers and boiler piping including the boiler auxiliary equipment, controls, and actuated machinery and dryer rolls. To qualify for this subclassification, a person must pass a technical examination administered by the board or must be the holder of the American Society of Mechanical Engineers (ASME) 'S' ASME "R" stamp or hold the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) 'R' stamp and meet the requirements for licensure according to this chapter the ASME "PP" stamp. Anyone holding the masonry or process piping classification as of January 1, 1998, and who has been actively engaged in boiler

SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   4.   This act takes effect upon approval of the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LOURIE 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.

I wish the Journal to reflect that I abstained from consideration of and voting on S. 581.

H. 3234 (Word version) -- Reps. Harrell, Wilkins, Harvin, Walker, J.E. Smith, Altman, Tripp, Bowers and Bailey: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT

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

The Finance Committee proposed the following amendment (3234R001.RWH), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 3, by striking lines 39 and 40 and inserting:

/   carrier or the principal user of the air carrier hub terminal facilities to be financed with the issuance of the obligations described in this/.

Amend the bill further, SECTION 1, page 4, by striking line 32 and inserting:

/   maturities, and redemption of such the bonds. For the payment of the principal and interest on all bonds issued and outstanding pursuant to this article, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Article X, Section 13 of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the bonds authorized by this article."   /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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.

H. 3269 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM JULY 2005 "BEAUFORT WATER FESTIVAL MONTH" IN SOUTH CAROLINA IN RECOGNITION OF THE BEAUFORT WATER FESTIVAL'S HISTORIC FIFTIETH ANNIVERSARY.

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

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.

On motion of Senator HAWKINS, the Resolution was carried over.

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

S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Verdin, Alexander, Gregory, Grooms and Richardson: A BILL TO PROVIDE FOR THE RESTRUCTURING OF CERTAIN ADMINISTRATIVE

Senator MARTIN moved that the Bill be made a Special Order.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Drummond
Elliott                   Fair                      Gregory
Grooms                    Hawkins                   Jackson
Knotts                    Leatherman                Lourie
Martin                    McConnell                 McGill
Mescher                   O'Dell                    Peeler
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Smith, J. Verne
Thomas                    Verdin                    Williams

Anderson                  Ford                      Hutto
Leventis                  Malloy                    Patterson

S. 80 (Word version) was made a Special Order.

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill and Williams: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL

Senator LEATHERMAN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 22.

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

The House returned the Bill with amendments.

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

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

The House returned the Bill with amendments.

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

On motion of Senators COURSON, CROMER, KNOTTS and SETZLER, with unanimous consent, the Senate stood adjourned in memory of Mr. Lowell C. "Butch" Spires, Jr. of Columbia, S. C. Mr. Spires had served on the Lexington County Council for 18 years.

At 12:44 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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