Indicates Matter Stricken
Indicates New Matter

The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 11th day of the month.

Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.

The Senate was called to order by the PRESIDENT, the Honorable André Bauer.

Proceedings were opened with a devotion by the Chaplain, the Reverend George E. Meetze of Columbia, S.C. as follows:

Beloved, hear the words of the Psalmist in Psalm 90:

"Lord, You have been our dwelling place in all generations. Before the mountains were brought forth, or ever You had formed the earth and the world, from everlasting to everlasting You are God."
Let us pray.

Father, our world is out of kilter. Our humanity is destroying us. Your Will is for righteousness and love and brotherhood. Thank you for the life of your servant, Walter Ryberg, beloved father of our colleague, Senator GREG RYBERG. We pray for the consolations of their holy faith this day and in the days to come.

As we gather for the 2005 Session of our South Carolina General Assembly: help us to concentrate on First Things, FAITH... HOPE... AND LOVE! To be overcome by the vision of a world redeemed! Toward this vision, we join our hearts in praying together our Lord's Prayer:

"Our Father, Who art in heaven; Hallowed be Thy Name; Thy kingdom come; Thy will be done on earth, as it is in heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us; And lead us not into temptation: But deliver us from evil; For Thine is the kingdom, and the power, and the glory, forever and ever." AMEN!

Mr. Jeffrey S. Gossett
Clerk of the Senate
State House
P.O. Box 142
Columbia, SC 29202

Dear Mr. Gossett:

The State Election Commission has certified to this office that the attached list of Senators received the greatest number of votes cast in the General Election held November 2, 2004.

The Senators are hereby certified as the duly and properly elected members of the Senate representing Districts One through Forty-Six.

Sincerely, Mark Hammond
Secretary of State

District
1     Thomas C. Alexander
2     Larry A. Martin
3     Kevin L. Bryant
4     William H. O'Dell
5     J. Verne Smith
6     Michael L. Fair
7     Ralph Anderson
8     David L. Thomas
9     Daniel B. Verdin III
10   John W. Drummond
11   Glenn G. Reese
12   John D. Hawkins
13   James H. Ritchie
14   Harvey S. Peeler
15   Robert W. Hayes
16   Chauncey K. Gregory
17   Linda H. Short
18   Ronnie W. Cromer
19   Kay Patterson
20   John E. Courson
21   Darrell Jackson
22   Joel Lourie
23   John M. Knotts
24   W. Greg Ryberg
25   Thomas L. Moore
26   Nikki Setzler
27   Vincent Sheheen
28   Dick F. Elliott
29   Gerald Malloy
30   Kent Williams
31   Hugh K. Leatherman
32   John Yancey McGill
33   Luke A. Rankin
34   Raymond E. Cleary III
35   Phil Leventis
36   John C. Land III
37   Larry Grooms
38   Russell R. Scott
39   John W. Matthews, Jr.
40   C. Bradley Hutto
41   Glenn F. McConnell
42   Robert Ford
43   George E. Campsen III
44   William C. Mescher
45   Clementa Pinckney
46   Scott H. Richardson

The Senators presented themselves at the Bar and the Oath of Office was administered to them by the PRESIDENT.

Senator MARTIN moved that the Senate proceed to the election of the PRESIDENT Pro Tempore.

Senator THOMAS seconded the motion.

The motion was adopted.

The PRESIDENT announced that nominations for the PRESIDENT Pro Tempore were in order.

Senator LEATHERMAN nominated Senator McCONNELL as PRESIDENT Pro Tempore.

Senator MARTIN seconded the nomination.

Senator MARTIN moved that the nominations be closed and that Senator McCONNELL be elected PRESIDENT Pro Tempore by acclamation.

There was no objection.

Senator McCONNELL was elected PRESIDENT Pro Tempore.

The PRESIDENT Pro Tempore presented himself at the Bar and the oath of office was administered by the PRESIDENT.

Senator McCONNELL, with unanimous consent, addressed remarks to the Senate.

Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to the Election of Senate Officers and the administration of the Oaths of Office, take up for consideration the Resolution on Senate Rules, Selection of Seats, Selection of Committee Assignments and Introduction of Bills and Resolutions.

There was no objection.

The Senate proceeded to the election of Officers.

On motion of Senator McCONNELL, the following individuals were nominated for the respective positions and elected en banc:

On motion of Senator McCONNELL, with unanimous consent, the name of Mr. Jeffrey S. Gossett was placed in nomination as Clerk; the name of Mr. John O. Wienges was placed in nomination as Reading Clerk; the name of Mr. James R. Melton was placed in nomination as Sergeant-at-Arms; and the name of Reverend George E. Meetze was placed in nomination as Chaplain.

The following individuals were elected en banc by acclamation:
Clerk           Mr. Jeffrey Stephen Gossett
Reading Clerk       Mr. John Othniel Wienges
Chaplain         Reverend George Elias Meetze
Sgt.-at-Arms       Mr. James R. Melton

On motion of Senator McCONNELL, with unanimous consent, the Clerk, Reading Clerk, Chaplain and Sergeant-at-Arms presented themselves at the Bar and the oath of office was administered by the PRESIDENT.

On motion of Senator SETZLER, with unanimous consent, the Chaplain was granted the Privilege of the Floor to address brief remarks to the Senate.

The Clerk announced the following appointments:
Mr. Michael R. Hitchcock Assistant Clerk
Mrs. Darlene M. Griggs   Administrative Assistant
Mrs. Joyce D. Reid     Administrative Assistant
Mrs. Agnes H. Walker   General Desk Clerk
Mrs. Cynthia C. Aiken   Calendar Clerk
Mrs. Betty Graham           Chief Administrative
                  Assistant to the Clerk of
                  the Senate
Mrs. Beth Dworjanyn   Director of Senate Finance
Mrs. Jean Tisdale   Bookkeeping
Mrs. Jean Padgett   Payroll/Personnel Specialist
Miss Alicia Eatmon   Bill Clerk
Ms. Susan H. Edwards Assistant Bill Clerk

On motion of Senator McCONNELL, with unanimous consent, Senators BRYANT, CAMPSEN, CLEARY, LOURIE, SCOTT and WILLIAMS were granted leave to address the Senate.

Thank you, Mr. PRESIDENT and Mr. PRESIDENT Pro Tempore.

Members of the Senate, I am KEVIN BRYANT from Anderson County. I'd like to introduce my wife, Ann, and our three children, Tyler, Morgan and Ethan. Also, here today are my parents, Cliff and Gloria Bryant. We are grateful to Senator BOB WALDREP and hope to provide the quality of service to Anderson County as he did. I look forward to serving with you in this historic Chamber.

Senator CAMPSEN addressed brief remarks to the Senate.

Senator CLEARY addressed brief remarks to the Senate.

Senator LOURIE addressed brief remarks to the Senate.

Senator SCOTT addressed brief remarks to the Senate.

Senator WILLIAMS addressed brief remarks to the Senate.

Senators MOORE and RYBERG rose for an Expression of Personal Interest.

At 12:49 P.M., on motion of Senator McCONNELL, the Senate receded from business subject to the Call of the Chair.

At 1:19 P.M., the Senate resumed.

On motion of Senator LAND, at 1:25 P.M., Senator MOORE was granted a leave of absence beginning at 1:30 P.M. and also, for the remainder of the week.

Senator MARTIN moved to take up S. 187 for immediate consideration.

Senator THOMAS seconded the motion.

The motion was adopted.

The following was introduced:

S. 187 (Word version) -- Senators Martin, J. Verne Smith, Leatherman, McConnell, Peeler, Courson, Thomas, Hayes, Gregory, Mescher, Ryberg, Alexander, Fair, Grooms, Richardson, Hawkins, Ritchie, Verdin, Cromer, Bryant, Campsen, Cleary and Scott: A SENATE RESOLUTION TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
l:\s-res\lam\002sena.mrh.doc

Be it resolved by the Senate that the Rules of the Senate are as follows:

The Senate, on the first day of each annual session, shall convene at 12 o'clock noon. Thereafter, the Senate shall meet each legislative day at 11 o'clock a.m 12 o'clock noon every Tuesday, 2 o'clock p.m. every Wednesday, and 11 o'clock a.m. every Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up unless otherwise ordered by the Senate. A motion to change the time of daily meeting may be made at any time when a quorum of the Senate is present or not present and must be voted on after no more than five (5) minutes of debate, two and a half (21/2) for and two and a half (21/2) against. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.

At various times as he or she deems necessary during the session, the President Pro Tempore is authorized to make a motion to provide for the convening of the Senate in statewide session for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the bill to be taken up, and to adjourn immediately thereafter. Any such motion shall provide the specific dates during which the motion shall apply and shall provide that the Senate must convene at 11:00 a.m. and adjourn not later than 12:30 p.m. on each such day and such motion must be made at least two (2) days prior to the beginning of the period for which it applies.

The President Pro Tempore or his designee, when, in his opinion, it is impractical or dangerous to hold a regularly scheduled session(s) of the Senate, may declare the body adjourned to some other time. Such actions are to be taken only in times of great emergency including, but not limited to, natural disasters, severe weather, and acts of God.

A majority of the total number of Senators qualified shall constitute a quorum.

If at any time during the daily session of the Senate it is ascertained that there is not a quorum present, no business shall be in order except a call of the Senate, an order to send for absentees, (as provided for in Rule 3B), a motion to recede for a fixed period of time or to a time certain, or a motion to adjourn. Each of the foregoing motions shall be of equal standing and none shall have priority over the others.

Any member or officer of the Senate who shall absent himself or herself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his or her subsistence while so absent. The Clerk shall maintain a record of those members present on each statewide legislative day.

Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, at any time during a session when the presence of absent members is required, the Senate, by majority vote of those present and voting shall authorize the Sergeant-at-Arms to send for the absent members who have not been granted leave. In case a less number than a quorum of the Senate shall convene, the members present are hereby authorized to send the Sergeant-at-Arms or any person or persons by them authorized for any or all absent members, as the majority of such members present shall agree. This Rule shall apply to the first convention of the Senate each year at the legal time of meeting and to each day of the session after the hour to which the Senate stood adjourned has arrived. When provisions of this Rule are invoked then the outer doors of the antechamber shall be secured and any member within the confines of the chamber and antechamber shall be counted for the purpose of determining a quorum. A motion to invoke or repeal Rule 3B may be made at any time when a quorum of the Senate is present or not present and must be voted on after no more than five (5) minutes of debate, two and a half (2 1/2) for and two and a half (2 1/2) against.

Prior to the commencement of the session, the members of the Senate in each party shall select a leader of their respective party and employ such staff as the members of the respective parties feel appropriate. The leader of each respective party shall serve as either the Majority or Minority Leader of the Senate. For purposes of these Rules, the majority party shall be the party at the opening of the session who has at least fifty (50) percent of the vote in the Senate plus one. In the event that the membership of the Senate is equally divided, the party affiliation of the President will decide the majority party. The majority party shall be determined at the opening of the session and shall remain the majority party for the duration of these Rules.

During the opening session, the majority party leader shall pick his seat in the Chamber first. The Minority Leader shall then pick his seat in the Chamber on the opposite side. The reading clerk shall then call the roll of the Senate by seniority and each member shall then select a seat in the Chamber. The front two rows on the side of the Chamber selected by the majority leader are reserved for the most senior majority party members; the front two rows on the side of the Chamber selected by the minority leader are reserved for the most senior minority party members.

The Journal of the Senate shall be prepared and printed daily by the Clerk. Any Senator shall have the right to demand the reading of that portion of the Journal of the previous day containing an error or omission and to move to correct any such errors or omissions after debate of no more than five (5) minutes for and five (5) minutes against. The Clerk must annually compile and publish a permanent Journal of the proceedings of the Senate.

In the publication of the results of a roll call vote, the Clerk shall cause an asterisk to be placed in the Journal beside the name of a Senator reported in the Journal as voting on a question who in fact was not present in the Chamber at the time the vote was taken by the Senate. The Clerk shall cause appropriate notation to be placed in the Journal to indicate that an asterisk on a roll call vote means that the Senator beside whose name the asterisk appears was not present in the Chamber at the time the vote on the question was taken.

When a Senator desires to speak, he or she shall rise from his or her seat and address the President, and may not proceed until he or she is recognized. When two or more Senators rise from their seats to speak at the same time, the Senator who first addresses the President as determined by the President shall have the floor and the President shall so announce it.

When a Senator raises a question of order, as provided for in Rule 7, the President shall stop all other debate and allow the Senator raising the question to explain the point of order subject only to a superior question of order.

Every Senator, when speaking, shall address the President, standing in his or her place and when finished shall take his or her seat. Senators, when addressing the Senate, may stand at their desk or may go to the podium in the center aisle.

Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he or she shall address the President and gain recognition. Once recognized, the member shall ask the President, "Does the Senator yield for a question?" The President shall inquire of the member granted the floor "Does the Senator yield?" If the Senator who holds the floor agrees to yield, the President shall so instruct the Senator who wishes to present the question.

If a Senator in speaking, or otherwise, violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he or she shall sit down and may not proceed without leave of the Senate, unless the President takes the point of order under advisement. The President may call for the Sense of the Senate on any question of order. Every question of order must be decided by the President, without debate, and Senators shall have the right to appeal the decisions of the President to the full Senate. When the decision of the President is appealed, the President Pro Tempore or his or her designee shall preside and the President shall retire from the chamber during the pendency of the appeal and the Senate's debate and action on the motion to appeal. The question before the Senate shall be "Shall the ruling of the President be overridden?" and after two (2) hours not more than thirty (30) minutes, fifteen (15) minutes for and fifteen (15) minutes against, of debate it shall be decided by a majority vote of the membership.

When a member wishes to introduce a visitor, guest or family member, he or she shall first gain recognition from the President and shall limit his or her introduction and associated remarks to not more than two minutes.

If a visitor or guest in the Chamber or in the gallery engages in a demonstration of approval or disapproval or creates a disturbance which affects the decorum of the Senate, the Clerk and Sergeant-at-Arms shall take those measures necessary to enforce order.

The presiding officer of the Senate shall maintain proper decorum in the Senate at all times. Members of the Senate are prohibited from eliciting responses of any kind from visitors in the Senate gallery.

The use of cellular phones and pagers is prohibited in the Senate Chamber. Other silent electronic devices may be used only in a manner as not to be disruptive to the Senate. This rule shall be enforced in a manner prescribed by the Operations and Management Committee.

No Senator shall speak more than twice in any one debate, on the same day, without leave of the Senate.

Any Senator, who absents himself or herself for six (6) hours three (3) hours or more from the Senate Chamber after due notice that Rule 3(B) has been invoked, or is not present for two quorum roll calls which are called more than two hours apart, forfeits his or her right to speak for more than one hour on any matter pertaining to the Bill being debated on that legislative day, unless granted leave by the Senate to speak for a longer period, or unless such member obtains a leave of absence from the Senate either before or after invocation of the Rule.

No Senator shall present any Bill, amendment or other paper, without having first affixed his or her name to such Bill, amendment or other paper. A member who is granted leave to place material on the desks of other members, and who is not the author of or who has not signed the material, shall affix his or her name to a copy of the material and forward that copy to the Clerk prior to distribution of the material. No notice shall be required of a member of his or her intention to introduce a Bill or Resolution. Any member may introduce Bills or Resolutions which shall be received by the Senate staff whether or not the Senate is in session. A member may co-sponsor any Bill or Resolution with the permission of the primary sponsor, provided, that co-sponsors shall not be added after a Bill or Resolution has been introduced. Bills and Resolutions so received shall be periodically referred by the President of the Senate to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the Senate reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the Senate, for second reading consideration.

The Clerk of the Senate shall establish procedures to notify the Senate membership on a monthly basis of Bills and Resolutions introduced during periods when the Journal is not printed.

All Bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.

Reports must be separately made on each Bill or Resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.

No Bill or Joint Resolution may be polled out of a Standing Committee until all of the committee members present are notified and polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the Committee Chairman who must certify that each member of the committee was notified and given an opportunity to vote and a written copy of the results must be given to the Clerk to be published in the Journal.

Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local and Statewide Calendar.

Not later than the first Tuesday in March, the Senate Finance Committee should report to the full Senate the annual Proviso Codification Bill. Notwithstanding the provisions of Rule 24, the Proviso Codification Bill must be composed only of those items that permanently codify a temporary proviso that has been included in the final version of a previous General Appropriations Bill.

When a motion is made, with the exception of motions made under Rule 14, it must be reduced to writing, if desired by any member, delivered at the desk, and read before the same is voted up or down; provided, however, that the request to have a motion reduced to writing shall not cause the mover of such motion to lose the floor. Any motion may be withdrawn by the mover at any time prior to being put before the body. Thereafter, it may be withdrawn only with the unanimous consent of the Senate. No motion may be made concerning a matter which has gone out of the possession of the Senate except a motion to recall, and if the same should prevail, the Clerk shall send an appropriate message requesting a return of the matter, and when returned shall be placed in the box.

No motion for the reconsideration of any vote shall be in order unless the matter is in the possession of the Senate, nor shall any motion to reconsider be in order unless made within the next two statewide legislative days of the actual session of the Senate thereafter, and by a Senator voting with the prevailing side. Except for procedural motions, A a motion to reconsider may be made immediately after the act or motion to which it applies has occurred, during the motion period, during the time between the call of orders of business, after the introduction and reference of new Bills and Resolutions, or during the time the bill or resolution is being debated.

Any member may rise to a point of personal privilege provided that a point of personal privilege shall be defined as questions affecting the rights, reputation and conduct of members of the body in their representative capacity.

A point of personal privilege must relate to persons as members of the body or relate to charges against the character of a member which charges, if true, would affect the rights of membership.

A member rising to a point of personal privilege must confine his or her remarks to those matters which concern the member personally and has only the right to defend himself or herself and no other persons.

All other remarks made by a member shall be regarded as an expression of personal interest and when a member is recognized for an expression of personal interest, such remarks shall in all cases be limited to not more than five (5) minutes.

When a question is under debate, no motion shall be entertained, unless otherwise provided for in the Rules, but

1.   To adjourn

2.   To adjourn to a date and time certain

3.   To recede for a fixed period of time or to a time certain

4.   To appeal a decision of the Chair

5.   To go into Executive Session

6.   To take up order of the day

7.   To continue

8.   To lay on the table

9.   To adjourn debate to a certain day or to adjourn debate

10.   To carry over

11.   To strike out the enacting clause

12.   To commit or recommit

13.   To reconsider

14.   To amend
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first ten (10) of which shall be determined without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.

Provided, however, when a Bill or any other matter is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill or any other matter upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill or any other matter is under debate and a motion to carry over is made pursuant to a majority vote of the Rules Committee for a carry over motion, the Senator having the floor shall retain the floor on that Bill or other matter upon a majority vote of those members present and voting. The Rules Committee vote requirement can be fulfilled either at a duly called meeting of the Rules Committee or the Committee may be polled in accordance with Rule 10. A motion to carry over, with the Senator retaining the floor, may be made by the President Pro Tempore at any time.

No motion to carry over, either by the Senator who has the floor, the President Pro Tempore, or by the Rules Committee as provided herein, shall be in order for any Bill in the status of Interrupted Debate for less than twenty-four (24) hours. The failure of a motion to carry over by an individual Senator, the President Pro Tempore, or by the Rules Committee shall not cause the member who has the floor to lose the floor.

When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.

A motion to ratify acts may be made by any Committee Chairman at any time and must receive a majority vote of the membership of the Senate.

At any time, the President Pro Tempore or his designee may make a motion to recede for a fixed period of time or to a time certain.

Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote of those present and voting unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.

Except for any Reapportionment Bill, the debate on the question of third reading of a Bill or Resolution may be brought to a close by the lesser of twenty-six (26) Senators or three-fifths (3/5) of the Senators present and voting, if such Bill or Resolution has been under debate for two (2) hours on the current legislative day. The debate on any other matter pending before the Senate, except as otherwise provided in these Rules, may be brought to a close by a majority of the membership of the Senate after one (1) hour of debate on the current legislative day.

Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made by any member and shall not be subject to amendment or debate. Such motion shall include a fixed time for the vote that must be at least fifteen (15) minutes after the motion is made. However, notwithstanding the provisions of Rule 14, during the final three (3) statewide legislative days prior to the date set for Sine Die adjournment, the time periods provided above may be waived by three-fifths (3/5) of the Senators present and voting.

Except for any Reapportionment Bill, the debate on any Bill, motion, or other matter which has been pending before the Senate for a minimum of four (4) hours and the time such Bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-eight (28) members of the Senate. Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made by any member and shall not be subject to amendment or debate.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer, not to exceed twenty (20) minutes.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.

Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any Reapportionment Bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and no vote the question:

"Is it the Sense of the Senate that the debate shall be brought to a close?"

And if that question shall be decided in the affirmative by the lesser of twenty-six (26) Senators or three-fifths (3/5) of the Senators present and voting twenty-eight (28) members of the Senate, then said measure pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.

Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.

Except for any reapportionment Bill and notwithstanding the provisions of Rule 14, the President Pro Tempore or his or her designee or the next most senior senator of the majority party if the President Pro Tempore is absent shall have the right to make a motion to establish a schedule for a future date and time for the vote on any Bill or Resolution, motion or other matter which is in the status of Interrupted Debate, Adjourned Debate or Special Order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of the lesser of twenty-six (26) Senators or three-fifths (3/5) of the Senators present and voting twenty-eight (28) members of the Senate and if adopted, then the Bill or Resolution, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters.

Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce". When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result and shall be recorded as provided for in Rule 5.

In taking the ayes and noes, and upon a call of the Senate, the Senators present shall vote alphabetically or electronically. Under the call of the ayes and noes, every Senator present must give his or her vote one way or the other unless excused by the Senate.

When the electronic voting system is used, the President shall fix and announce the time, not to exceed two minutes, which shall be allowed for voting on the question before the Senate. The system shall be set to lock automatically and to record the vote when that time has expired. Once the system has locked and recorded a vote, the vote shall be displayed and printed by the system.

The voting station at each Senator's desk in the chamber shall be used only by the Senator to whom the station is assigned. Under no circumstances, shall any other person vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to request that another vote at the requesting Senator's station, or to vote at another Senator's station. The President shall enforce this rule without exception.

When the electronic voting system is used, the President shall state the question and shall then state substantially the following: "All in favor vote 'aye'; all opposed vote 'no' _____ seconds will be allowed for voting on this question; the Clerk shall record the vote." After the machine locks and records the vote, the President shall announce the vote and declare the result. The result shall be printed in the Senate Journal.

One copy of the machine printout of the vote record shall be filed in the office of the Clerk where it will be open to public inspection.

When the President ascertains that the electronic voting system is unavailable or inoperative before a vote is taken or while a vote is taken on the electronic system, the President shall announce that fact to the Senate, and any partial electronic voting system voting record shall be voided. In such a case, the names of the Senators shall be called alphabetically. If, after a vote is taken on the electronic system, it is discovered that a malfunction caused an error in the electronic system printout, the President shall direct the Reading Clerk and Clerk to verify and correct the printout record and so advise the Senate.

Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.

When the Senate is equally divided on any question, the Clerk shall take the decision of the President, who may assign the reason of his or her vote.

If a question in debate contains several points, any Senator may move to have the same divided; and shall state how the division is to be made. Such motion shall be decided by a majority of the Senators present and voting after not more than five (5) minutes of debate. but oOn a motion to strike out and insert it shall not be in order to move for a division of the question; but a rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion to simply strike out prevent a subsequent motion to strike out and insert.

The Standing Committees of the Senate shall be as follows and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are herein below enumerated for each of the Committees:

Agriculture and Natural Resources - Titles 39 (agricultural products), 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49

Banking and Insurance - Titles 29, 34, 35, 37, and 38

Corrections and Penology - Titles 2 (community corrections), and 24

Education - Titles 51, 59, and 60 (school governance & structure at all levels)

Ethics

Finance - Titles 1 (matters relating to the State Budget and Control Board only), 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12

Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, 50, and 51

General Committee - Titles 25, 39 (blind persons), 43, and 52

Invitations

Judiciary - Constitution, Titles 1 (except for matters relating to the State Budget and Control Board), 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39 (business & corporate matters), 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62

Labor, Commerce and Industry - Titles 6, 13, 31, 39 (chemicals, cemeteries & industrial products), 40, 41, and 45

Medical Affairs - Titles 39 (drug products), 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)

Rules - Senate Rules, Joint Rules

Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)

Matters shall be referred to the appropriate standing committee in accordance with the jurisdictions hereinabove established. Bills or Resolutions affecting titles with jurisdictions in multiple committees shall be referred to the committee with jurisdiction over the primary subject matter addressed by the Bill or Resolution. If there is any objection to the referral of any bill or resolution to any Standing Committee, the Rules Committee shall hear the same, resolve the issue and report to the Senate within one (1) legislative day its decision which decision may be overruled by a vote of twenty-nine (29) Senators.

The several committees shall have such powers and duties as provided for in these rules. It shall not be in order for any committee to consider any proposed committee amendment (other than a technical, clerical, or conforming amendment) which contains any significant matter not within the jurisdiction of the committee proposing such amendment.

(1)   The membership of the above listed committees shall be as follows: The Committees on Judiciary and Finance shall each have twenty-three (23) members. All other standing Committees except the Committee on Ethics and the Committee on Invitations shall have seventeen (17) members. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than eleven (11) members. The total membership of each Standing Committee shall be composed of members of the two major political parties in proportion to the number of Senators of each of such political parties as nearly as possible and ensuring that the majority party as defined in these Rules contains a majority of the membership within each Standing Committee. For purposes of determining committee composition, percentages shall be rounded as follows: percentages of .49 or below shall be rounded down and percentages of .50 and above shall be rounded up.

Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.

Committee seniority shall be determined by tenure within the committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.

Where two or more Standing Committees are combined, initial membership on such committee shall be based on tenure within the Senate.

(2)   In addition to the above listed Standing Committees, there shall be three (3) two (2) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members, the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees, and the Operations and Management Committee selected by the President Pro Tempore. The Chairman of the Chairmen's Committee, Interstate Cooperation Committee, and the Operations and Management Committee shall in all cases be the most senior senator of the majority party serving thereon or in his or her absence the next most senior Senator of the majority party serving thereon.

(3)   Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations, the Operations and Management Committee, the Chairman's Committee, and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) Standing Committee but may chair a Standing Committee and a Special Committee concurrently.

(4)   Members of the Senate shall make their committee selections at the commencement of the session following the election of Senators or in the case of a special election, at such session designated for that purpose by the President Pro Tempore. In the case of a special election, the President Pro Tempore must call a session for the purpose of committee selections within three statewide days after a Senator elected in a special election has taken the oath of office.

Members of the Senate may not select more than five (5) Standing Committees. The Committee on Ethics, the Committee on Invitations, the Committee on Interstate Cooperation, and the Operations and Management Committee are not included in this limitation.

For the members to make their Standing Committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall also prepare a list of each Standing Committee and the number of seats available to members of each party. The Clerk of the Senate shall then call the roll twice in order of continuous service. Each member, upon his or her name being called during the first call of the roll, shall select four (4) unfilled Standing Committees on which he or she wishes to serve (and shall also select at this same time a seat on each or all of the Ethics, Invitations and Interstate Cooperation Committees so long as a vacancy exists). Each member must select either the Finance or Judiciary Committee during the first call of the roll. When the prescribed number of seats provided for a particular party within a Standing Committee has been filled, the President shall announce that the seats available for either the Majority or Minority Party are filled. When the roll is called for the second time, it shall be called in reverse order of continuous service and each member upon his or her name being called, shall may select one additional unfilled Standing Committee Committees on which he or she wishes to serve.

In the event any member is unable to be present for selection of Standing Committees, that member may authorize in writing any member of the Senate to make selections in his or her behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where a newly elected member(s) is seated and the President Pro Tempore has made the designation within the timeframe hereinabove provided. Any Senator who served on a Standing Committee in the session immediately past shall have the right to select such committee, regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee by the choices made by the member during the first round of selection of committees or unless the number of seats available to his respective party have already been filled.

(5)   Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.

(6)   Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, the seniority system shall be retained so as to become a part of these rules.

(7)   Committee seniority shall be determined by tenure within the committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.

(8)   Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.

(9)   In the selection of the Chairman of the Standing Committees, the senior member of the Committee from the majority party as of January 5, 2001, in terms of seniority within the Committee, shall be the Chairman of the Standing Committee. The Chairman of the Standing Committee shall serve for the quadrennium concurring with the term of the Senators adopting theses Rules. If a vacancy occurs in the Chairmanship of a Standing Committee, then the next most senior member of the majority party, as of January 5, 2001, shall become Chairman of the Committee for the remainder of the original term. However, a Senator shall serve as Chairman of only one of the Standing Committees., but may chair a Standing Committee and a Special Committee concurrently.

(10)   Should any Senator, during his term of office, cease to be a member of the political party of which he was a member at the time of his election, he shall not be deemed, thereby, to have forfeited all Committee memberships to which he may have been elected and shall not waive all seniority within each of the committees of which he or she was member if a majority of the caucus to which the member switches consents to that Senator retaining his seniority within the Committees to which he was a member at the time of his switch. No Senator elected as a Chairman of a Standing Committee at the opening of a session shall lose that Chairmanship even if a Senator switches parties and because of that switch becomes the senior member of the majority party on that Committee.

(11)   Each Committee Chairman shall have necessary staff to oversee the operation of the committee and its staff appointed by the Committee Chairman and such Committee counsel, staff assistants, and pages as the Chair of the Committee may deem necessary. The number of positions and salaries of personnel selected pursuant to this provision shall be subject to the approval of the Operations and Management Committee.

The Chair of any Committee may appoint subcommittees to consider a particular bill or resolution or to consider matters relative to a portion of work of the Committee. Such subcommittees shall make recommendations to the Committee. The Chair of the full Committee shall name the chairman of the subcommittee who need not be the senior member appointed to the subcommittee. The total membership of a subcommittee shall be composed of members of the two major political parties if practicable. The Chair of the full Committee shall be an ex officio member of all subcommittees and entitled to vote, but shall not be counted as a member for purposes of a quorum.

(12)   The Operations and Management Committee, through the Clerk of the Senate and subject to the Committee's approval, shall oversee the day-to-day operation of the Senate including the allocation of office space between members. The Sergeant-at-Arms shall appoint such number of employees as Assistant Deputy Sergeant-at-Arms, subject to the approval of the Operations and Management Committee, as are necessary for the proper transaction of the business of the Senate.

Each Senator, who is not a Committee Chairman, shall hire such number of pages and other employees as is necessary for the proper transaction of their legislative business. The Operations and Management Committee shall determine the number and salary ranges for these positions. All staffing decisions, including the hiring and firing of all staff, unless otherwise provided herein, shall be the sole responsibility of the affected Senator who must ensure that his or her employees follow the policies and procedures of the Operations and Management Committee, which shall be enforced by the Operations and Management Committee. However, if an employee works for more than one Senator, then the decision to hire and fire must be made by both of the affected Senators. If an agreement cannot be reached regarding the hiring and firing of an employee who works for more than one Senator, then the Operations and Management Committee shall arbitrate the dispute and render a decision which decision shall be final.

The Operations and Management Committee shall also oversee the Office of Senate Research which shall provide assistance as requested by Senate members and committees of the Senate. The Operations and Management Committee shall appoint a majority and minority research director and such other research counsel and staff assistants as is necessary for the proper transaction of its business.

(13)   Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Rules Committee may order by majority vote on the motion of any member at the time the matter is before the Rules Committee and subject to referral.

(14)     Committees of conference and free conference between the two Houses shall be comprised of three members. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate the President Pro Tempore shall select one member. In all cases, the chairman of the committee of conference or free conference shall be chosen by a majority of the appointed conferees.

(15)   The Chair of any Committee may appoint subcommittees to consider a particular bill or resolution or to consider matters relative to a portion of work of the Committee. Such subcommittees shall make recommendations to the Committee. The Chair of the full Committee shall name the chairman of the subcommittee who need not be the senior member appointed to the subcommittee. The total membership of a subcommittee shall be composed of members of the two major political parties if practicable. The Chair of the full Committee shall be an ex officio member of all subcommittees and entitled to vote, but shall not be counted as a member for purposes of a quorum.

(16)   Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any Any additional or special meeting may be called only by individual Committee Chairmen subject to the provisions of the Freedom of Information Act.

Every Tuesday

3:00 p.m. - Finance and Judiciary
1st and 3rd Wednesday

9:00 a.m. - Education

10:00 a.m. - Fish, Game & Forestry

11:00 a.m. - Transportation
2nd and 4th Wednesday

  9:00 a.m. - Medical Affairs and General

10:00 a.m. - Education

Agriculture & Natural Resources

11:00 a.m. - Banking & Insurance
1st and 3rd Thursday

9:00 a.m. - Corrections & Penology,

Agriculture & Natural Resources
2nd and 4th Thursday

9:00 a.m. - Labor, Commerce & Industry

The Rules Committee, Ethics Committee, Chairmen's Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from canceling a committee meeting. No committee, except the Rules Committee, shall hold a meeting while the Senate is in session without first being granted leave by the Senate.

The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted in accordance with the South Carolina Freedom of Information Act.

Each Standing Committee is responsible for keeping minutes of all meetings of the full committee. The vote total on any matter before the committee shall be recorded in the minutes and a roll call vote must be recorded upon request of five Senators.

All questions relating to the priority of business to be acted upon shall be settled without debate.

After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted by a motion to recommit which can only be made when the matter is under debate or by unanimous consent or when the Senate is in the Motion Period and such question shall be decided after not more than ten (10) minutes of debate.

All Bills or Joint Resolutions when first read shall be referred to the appropriate committees. After the expiration of five legislative days from the date of reference, any Bill, or Joint or Concurrent Resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present and voting; before the expiration of five days from the date of reference, any Bill, or Joint or Concurrent Resolution may be recalled from committee by the vote of three-fourths (3/4) of the Senators present and voting.

All Concurrent Resolutions which invite persons to address the General Assembly in joint session shall be referred to the Invitations Committee and shall only be voted on by the Senate after they have been approved by a majority of the members of such committee or the invitation discharged from the Committee by a majority vote. The provisions of this paragraph shall not apply to Concurrent Resolutions which invite, in the opinion of the Chairman of the Invitations Committee, persons of national prominence to address the General Assembly. However, such an invitation must be approved by a majority vote of the Senate. The Clerk is authorized to endorse Concurrent Resolutions expressing congratulatory messages or sympathy without a reading.

All Bills and Resolutions when placed on the Calendar shall be printed and distributed made available to the Senators.

No clause shall be inserted in a Bill or Resolution unless the same is germane to the Bill or Resolution. In order to be germane, an amendment must be a natural and logical change or expansion directly related to the specific subject of the Bill or Resolution, as defined in the Bill or Resolution, and must not raise any new or independent matter different from the specific subject of the Bill or Resolution. Any perfecting amendment must be germane to both the amendment to be perfected and the underlying Bill or Resolution and must not offer a new proposition or substantially alter the main amendment. relates to the specific subject of the Bill. The subject of the Bill shall be defined as any matter falling within the ambit of the Title of the Code of Laws expressed in the title of the Bill and which logically falls within the specific subject matter as described in the title of the Bill or which logically falls within the specific subject matter as described in the Title of the Bill where no Title of the Code of Laws is referenced.

Matter which is germane to the subject of the General Appropriation Bill and any Supplemental Appropriation Bill shall be defined as those things which reasonably, specifically, and inherently directly relate to the raising and spending of revenue for or in the fiscal year for which the bill applies and do not temporarily or permanently add, amend, or repeal a portion of the general permanent laws of South Carolina. amend or suspend permanent law. Nothing in this paragraph prohibits the temporary suspension of any permanent law. The provisions of this rule must be strictly construed.

Any part, section, or division of a General or Supplemental Appropriation Bill which reasonably, specifically, and inherently directly relate to the raising and spending of revenue for or in the fiscal year which the bill applies or any future years, and which amends, adds, or repeals a portion of the general permanent laws of South Carolina that is not otherwise prohibited by the South Carolina Code of Laws, may only be included in any conference report or concurred in as a House amendment by a vote of three-fifths (3/5) of the Senators present and voting.

Except for general and temporary provisions having force and effect for a fiscal year and which deal directly with the appropriation and expenditure of money, any part, section or division or any amendment to any part, section or division of a general or supplemental appropriation bill which amends, suspends, adds or repeals a portion of the general permanent laws of South Carolina, not otherwise prohibited under subsection A, may only be included upon a vote of two-thirds (2/3) of the Senators present and voting. This requirement shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote may be taken on the report as a whole if the Senate agrees to do so, however the question shall be divisible upon the request of any Senator. Any part, section or division of any general or supplemental appropriation bill which fails to receive the requisite vote herein provided for, thereafter may only be included in any conference report on any such bill upon the granting of free conference powers.

No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds (2/3) of the members thereof at a duly called meeting of the Committee; and the Chairman of the Committee shall certify thereon that this rule has been complied with.

After a bill has been called for second reading, the President shall recognize the Bill's primary sponsor and/or the committee or subcommittee chairman with jurisdiction over the bill for brief explanatory comments on the bill. These explanatory comments shall not be counted for the purposes of the time limits specified in Rule 15A. Upon conclusion of the explanatory comments, the Senate immediately shall begin consideration of any amendments on the desk.

If a motion under Rule 15A has been adopted and all amendments on the desk have been considered, the Senate will proceed to a vote on the main question after one (1) hour of debate with thirty (30) minutes for and thirty (30) minutes against.

The final question upon the second reading of every Bill, Resolution, Constitutional Amendment (or motion originating in the Senate), and requiring three readings previous to being passed, shall be, "Shall it pass and be ordered to a third reading?"

No amendment shall be received on third reading of a Bill or Resolution, unless three-fifths (3/5) of the Senators present and voting give leave for the amendment to be received. notice be given upon second reading, or unless unanimous consent of the Senate be obtained. Any amendment or Bill adopted on second reading may be further amended on third reading, provided previous notice of general amendments has been given. Any amendment offered pursuant to this provision must be in conformance with Rule 24.

Whenever an amendment is received, pursuant to Rule 26B, on a third reading of any Bill, Resolution, or amendment, or motion, the same shall be debatable.

It shall at all times be in order before the final passage of any such Bill, Resolution, Constitutional Amendment, or motion, to move its commitment. Any such motion shall be decided after no more than ten (10) minutes debate, five (5) minutes for and five (5) minutes against.; and should Should such commitment take place, and amendment be reported by the Committee, the said Bill, Resolution, Constitutional Amendment, or motion, shall be again considered and read a second time.

Any Bill or Resolution affecting the expenditure of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Budget Office as may appear appropriate regarding its effect on the finances of the State.

Any Bill or Resolution affecting the expenditure of money by any county, municipality, school district, or special purpose district within the State shall, prior to receiving second reading, have attached to it in writing a statement by the Committee Chairman that the passage of such Bill or Resolution may affect the revenue of counties, municipalities, school districts, or special purpose districts.

Failure to comply with the provisions of this rule does not limit debate on such a Bill or Resolution prior to the question of second reading.

The provisions of this section shall not apply where the exact amount of money to be spent or expended is clearly set out in the Bill or Resolution.

Senators, when presenting petitions, memorials or reports, or introducing Bills or Resolutions, may make a brief statement on the subject matter of such report, Bill or Resolution as the President in his or her discretion shall deem appropriate, or send it to the President, when it shall be read by the Reading Clerk, unless otherwise ordered.

All messages to the House of Representatives shall be sent by the Clerk, as required by the actions of the Senate.

The Clerk shall be charged with the duty of having executed, in a proper and accurate manner, the printing ordered by the Senate or provided in the Rules; provided, however, that notwithstanding any other rule to the contrary, any Resolution which expresses sympathy, congratulations or commendation shall be printed in the Senate Journal by title only unless a member requests that the full text of the Resolution be printed in the Journal.

At the close of every bi-annual session the members of the Senate shall be required to hand in to the Clerk all petitions not reported on, and all papers in any way appertaining to the legislative business of the Senate, that the same may be regularly filed in his or her office.

When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate, the Reading Clerk, and the Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.

All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate in accordance with the provisions of Rule 19 which are applicable to the reference of bills. Such appointment shall be considered at the next meeting of such committee or such other time as the committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in Executive Session only if allowed pursuant to applicable provisions of law and upon the vote of two-thirds (2/3) of the members of the committee. Any information or material provided to or developed by the committee in an Executive Session and any communications between a Committee Chairman and the appointing authority must be held confidential and only reported to the full Senate in Executive Session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in Executive Session. Executive Sessions may must be held on committee reports on appointments pursuant to applicable provisions of law, unless the Senate agrees to take up any such report in open session upon a recorded vote of the membership.

Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session and the reason therefore. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or purposes of the Executive Session as specified by the member making the motion. No final action may be taken by the Senate in the Executive Session on appointments. For the purpose of this Rule, 'final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in Executive Session, and the confirmation of appointments must be voted on in open session.

When the Senate is in Executive Session, any member may make a motion to bring the debate to a close in the Executive Session or to rise from the Executive Session and such motions must be decided without debate by a majority of the Senators present and voting. When the Senate rises from an Executive Session and the report of an Executive Session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.

Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) required to be kept confidential by applicable provisions of law shall be kept secret.

Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.

Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 44 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.

1.     Called to Order by the President
2.     Prayer by the Chaplain
3.     Pledge of Allegiance
4.     Receipt of Communications
5.     Introduction and reference of new Bills and Resolutions
6.     Call of the Uncontested local Third Reading Calendar
7.     Call of the Uncontested local Second Reading Calendar
8.     Call of the Uncontested statewide Third Reading Calendar
9.     Call of the Uncontested statewide Second Reading Calendar
10.     Motion Period
11.     Reports of Committees of Conference and Free Conference
12.     Bills and Resolutions returned from the House of

Representatives
1013.   Interrupted Debate
11.     Motion Period
1214.   Adjourned Debate
1315.   Special Order
1416.   Call of the contested statewide Third Reading Calendar
1517.   Call of the contested statewide Second Reading Calendar
1618.   Call of the contested local Calendar

The order of business above provided for may be varied by vote of two-thirds (2/3) three-fourths (3/4) of the Senators present and voting and any order or business already completed may be reverted to in any legislative day by the vote of two-thirds (2/3) of the Senators present and voting. A motion to vary the order of the day shall be in order, prior to, or at the completion of, any orders enumerated above or during the motion period and any such motion shall be decided without debate.

For the order of business designated as Interrupted Debate there shall not be more than one (1) Bill in this status at any one time provided however, that this limitation shall not apply to the General Appropriation Bill. For the order of business designated as Adjourned Debate there shall not be more than two (2) Bills in this status at any one time and for the order of business designated as Special Order there shall not be more than three (3) Bills in this status at any one time. Provided that of the three (3) Special Order slots, one (1) shall be reserved exclusively for Bills which are the subject of motions authorized by the Rules Committee and made by the Chairman of the Rules Committee or his or her designee. The Bill occupying the slot reserved for Bills made Special Order on motion of the Rules Committee shall have a unique notation to call such status to the Senate's attention.

During the motion period, a motion may be made by the Chairman of the Rules Committee to call any Bill or Resolution, which has been on the calendar for a minimum of six (6) statewide legislative days, from the Contested Calendar. Except for explanatory remarks, such motions shall be determined without debate and by a majority of the Senators present and voting. If agreed to, the Bill or Resolution shall be considered in the ordinary course of business after Special Orders.

However, in the final two (2) weeks before Sine Die adjournment, a Bill or Resolution, which has been on the calendar for a minimum of six (6) statewide legislative days, may be called from the Contested Calendar by the Rules Committee upon majority vote of the committee and shall be considered in the ordinary course of business after Special Orders.

If a Bill or Resolution is returned from the House of Representatives with amendments that add subject matter that is not germane to the Bill, as passed by the Senate, pursuant to Rule 24 or that is substantially similar to a bill on the Senate Calendar or in a standing committee of the Senate or a subcommittee thereof, the President must, upon recommendation of the President Pro Tempore or his designee, refer the matter to the Standing Committee with jurisdiction over the bill. After which, the Bill or Resolution may be reported to the full Senate to be considered when the Senate next reaches that order of business. All such bills returned from the House of Representatives shall be subject to debate as provided for bills on third reading in Rule 15A. This provision may be waived by three-fifths (3/5) of the Senators present and voting upon motion of any Senator at the time of referral and the debate on any such motion is limited to no more than twenty (20) minutes, ten (10) minutes for and ten (10) minutes against.

Notwithstanding the provisions of Rule 32A, during the final three (3) statewide legislative days prior to the date set for Sine Die adjournment, reports of committees of conference and free conference and Sine Die Resolutions shall be in order at any time except when a question of order has been raised, when the Senate is voting on any matter, while ascertaining a quorum, or when a Senator who has been recognized prior thereto makes a motion to adjourn.

During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a Bill for Special Order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate; provided, that procedural motions which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer not more than ten minutes of debate, five (5) minutes for and five (5) minutes against. The motion period shall not exceed thirty (30) minutes unless extended by a majority of Senators present and voting.

During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent legislative day shall be in order irrespective of whether the Bill or Resolution was given a reading on the legislative day the motion is made. Said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill or Resolution which shall have been on the Calendar for a minimum of six statewide legislative days. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present and voting. Provided, that, when authorized in writing by twelve (12) a majority of the members of the Rules Committee and delivered to the desk, a motion to set a bill for Special Order, shall require a vote of a majority of the members present and voting. At no time may the Special Order calendar have more than one Bill which is set for Special Order by a motion authorized by the Chairmen's Rules Committee. During the motion period, no Bill or Resolution can be made a Special Order ahead of Bills or Resolutions which have already been placed in the status of Adjourned Debate.

If a Bill is set for Special Order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.

If a Bill or Resolution is set for Special Order for second reading and subsequently receives such reading, the Bill or Resolution shall remain on Special Order unless otherwise agreed to by three-fifths (3/5) of the Senators present and voting.

When a Bill or other matter is under debate, any a Senator may move to continue it a matter as provided for in Rule 14, to the 2nd, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be continued only to the next regular session unless otherwise specified in the motion. However, if a Bill or other matter has been under extended debate on three (3) consecutive legislative days or has been under debate for five (5) hours on any one legislative day, then any Senator may move to continue the matter to the 2nd, or any special session of the same General Assembly.

The Clerk of the Senate shall make up a Calendar of all matters so continued, placing the same thereon in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued. Matters ordered to be placed in the General Orders at the said ensuing session shall be placed there in turn and have priority according to the last order for consideration made upon them, and the Calendar shall be proceeded in as hereinbefore provided.

No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws;, a candidate or acting on behalf of a candidate for an office elected by the General Assembly or confirmed or elected by either the House or Senate;, or a member of the governing body or employee of any state agency or department; the Governor and one member of his or her staff his or her Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, no more than one member of the staff of each Senate Caucus, and Lieutenant Governor's staff, as the President of the Senate or any Member or Officer of the Senate may see fit to invite to a seat behind the rail. Members of the House of Representatives and former Members of the General Assembly, not subject to the foregoing limitations shall be allowed on the floor of the Senate inside the rail.

Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated, shall be allowed beyond the outer doors of the Senate antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.

The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests.

Any member who wishes to have the privilege of the area of the floor behind the rail granted to a guest shall make such request, in writing, to the Chairman of the Senate Invitations Committee not less than two weeks prior to the date for which the request is made. Upon affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee, the Chairman of the Committee is authorized to grant access to the area behind the rail for a limited period of time and with such conditions and limitations as the Chairman and/or the Committee deems appropriate. If the number of guests involved exceeds more than half of the maximum seating capacity in the area behind the rail, then the committee shall direct that these guests be seated in the balcony. No exceptions to this Rule may be made.

Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written request so specifies and the committee approves the request. A motion to grant the privilege of the floor within the rail may only be made by the Chairman or Vice Chair of the Invitations Committee.

Any request to grant the privilege of the floor to address the body from the podium must be made in writing to the Chairman of the Invitations Committee two weeks prior to the date for which the request is made. Upon an affirmative vote of three-fourths (3/4) of the membership of the Invitations Committee to grant such a request, the committee must introduce a Senate Resolution to that effect. The Senate must adopt this Resolution by majority vote of the entire membership.

The use of the Senate Chamber is restricted to statewide sessions of the Senate or such other meetings of the Senate or its committees as the Senate may, by Resolution, authorize. The use of the Senate Chamber for meetings by outside groups or individuals is limited to normal business hours on Monday through Friday and is prohibited unless authorized by a vote of the Senate upon a favorable recommendation of the Senate Invitations Committee. Incidental use or visitation by individuals or group tours may be authorized by the Clerk of the Senate.

Reporters of public journals, upon application to the Clerk of the Senate, shall be assigned such places for the execution of their duties as shall not interfere with the convenience of the Senate. Any reporter for whom such application is made shall, in addition to the assigned places, be allowed free access to the Senate Antechamber during the time the Senate convenes and adjourns each legislative day. Reporters of the public journals shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate with the approval of the Operations and Management Committee and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate. Still photographers, upon application to the Clerk of the Senate, shall be granted access to the floor, behind the rail, for the exclusive purpose of taking photographs and upon completion of their assignment shall retire from the floor.

Every Bill shall receive three different readings, on three different days previous prior to its being passed, and the President shall give notice of each, whether it be the first, second, or third reading. All Resolutions to which the approval and signature of the Governor may be requisite, or which may grant money out of the contingent or any other fund, shall be treated in all respects, as to introduction and form of proceedings on them in the Senate, as Bills. All other Resolutions and Reports of standing, special, conference and free conference Committees shall lie on the table one statewide legislative day for consideration provided, however, that during the six (6) statewide legislative days preceding the date set for sine die adjournment the one day requirement as to a specific Resolution or report of a committee may only be suspended by a vote of twenty-seven (27) members of the Senate three-fifths (3/5) of the Senators present and voting.

The first and third readings of each Bill shall be by its title only; provided, that on each second reading the Bill shall be read in full on the demand on the motion of any Senator which shall be decided without debate.

A motion to refer to a Standing Committee shall take precedence over a motion to refer to a Special Committee.

No Bill or Joint Resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of and made available to the members at least one day previous to such reading.

Every Bill or Joint Resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes, or of any Act of Assembly or Joint Resolution, shall in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. Every Bill or Joint Resolution proposing to amend any Section or Sections of any Chapter of the General Statutes, or of any Act or Joint Resolution, shall give the full text of the said Section or Sections, as it or they would read with such amendment or amendments inserted therein.

Broadcast media shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate with the approval of the Operations and Management Committee and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate.

The Operations and Management Committee shall have full authority to regulate, supervise and fix times of broadcasts of the proceedings of the Senate by radio or television and the most senior senator serving thereon shall be the chairman.

In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in the 1801 version of Jefferson's Manual of Parliamentary Practice.

Any Rule of the Senate or severable portion of a rule of the Senate may be suspended by unanimous consent of the Senate. Without unanimous consent one day's previous notice shall be given of a motion to suspend any of the rules or severable portion thereof. A motion to suspend shall require a vote of two-thirds (2/3) of the membership of the Senate.

Any permanent amendment, rescission, or repeal of any of the Senate rules shall require a two-thirds (2/3) vote of the total membership of the Senate. However, from the convening of the 2006 legislative session through the second Thursday of the 2006 legislative session, any permanent amendment, rescission, or repeal of any of the Senate rules may be made by adoption of a Senate Resolution that has been referred to and has received a favorable report from the Rules Committee.

The Clerk of the Senate shall have these rules recorded in a permanent book which shall be kept at all times in the Senate Chamber. All permanent changes in the rules after they have been adopted shall be recorded in a Permanent Rule Book and certified by the Clerk of the Senate. These rules shall remain in full force and effect until 2004 at the conclusion of the terms for Senators or until the Rules are amended, suspended, or repealed by a vote of two-thirds (2/3) of the membership of the Senate prior thereto.

(a)   In the Senate there shall be a Committee on Ethics, consisting of ten (10) members and the committee has the following powers and duties:

(1)   To receive complaints or charges from any citizen of this State or member of the Senate against members, officers and employees of the Senate concerning conduct alleged to be unethical. Only sworn written complaints or charges may be considered.

(2)   To investigate such complaints and charges and, if warranted, to report the results of such investigation to the Senate with recommendations for further appropriate action as authorized by law.

(3)   Upon request of any member, officer, or employee of the Senate to render advisory opinions with regard to legislative ethics when, in their judgment, such opinions would serve the public interest.

(4)   To make available annually to the Senate a compilation of the principles set forth in advisory opinions rendered.

(b)   All papers, documents, complaints, charges, requests for advisory opinions, and any other material required to be filed with or received by the committee, and all such documents or materials are to repose in the office of the Clerk of the Senate and as necessary or appropriate are to be handled by the Clerk as strictly confidential unless made public by the committee in a report to the Senate.

All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the committee must disclose in Executive Session, any confidential final determination or action of the committee as is necessary for the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate Standing Committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation.

The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him or her within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his or her accusers and the witnesses against him or her at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing.

(c)   In conjunction with the proceedings specified in Rule 44.1 of the Rules of the Senate, the President Pro Tempore, and the Senate Ethics Committee on behalf of the entire Senate, may receive:

(1)   certified copies of any indictment or information for a felony or offense against the election laws filed or returned against any member of the Senate;

(2)   certified copies of any plea of guilty or nolo contendere to the felony entered by any member of the Senate;

(3)   certified copies of any conviction of a member for the felony;

(4)   certified copies of any opinion, order, or judgment of any court, state or federal, trial or appellate, relating to any of the aforementioned matters;

(d)   no member may vote on the question of his or her expulsion from the Senate.

(a)   If an indictment, information on a felony, or a warrant for the offenses provided in Sections 7- 13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of Laws, is filed, returned, or issued against a member of the Senate, the member indicted, charged or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.

If the indictment, charge or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.

(b)   A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.

(c)   A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his or her appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.

If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.

(d)   The action provided for in subsections (a), (b), and (c) of this rule is in addition to other action authorized pursuant to Article III, Section 12 of the Constitution or other Senate rule. Pursuant to the Constitution and except as provided herein, a member may not be disciplined, suspended, or expelled without a vote of the Senate.

Whenever an election in Joint Assembly is to be held by the General Assembly to fill offices which require election by the General Assembly, the President of the Senate shall notify the Chairman of the Standing Committee of the Senate which would be most concerned with the office or offices to be filled by the election, which Chairman shall thereupon appoint four Senators from his or her committee to serve on the Joint Senate-House Committee to consider qualifications of candidates to be elected. The total membership of such a Committee shall be composed of members of the two major political parties in proportion to the number of Senators of each of such political parties as nearly as practicable. All appointments to such joint committees shall be recorded in the Senate Journal.

The Clerk may record on magnetic tape or similar device the following proceedings on the floor of the Senate:

(1)   Congratulatory remarks

(2)   Speeches

(3)   Points of Order and Rulings of the Chair regarding such points and such other proceedings as the Clerk determines necessary.

Bills received after May 1 shall be received, read and referred to the appropriate committee but are not eligible to be taken up until the next regular session unless upon the report of such a bill by a committee it receives a two thirds (2/3) vote of the Senators present and voting membership of the Senate to be placed on the calendar. Any bill failing to receive the required vote shall be returned to the committee. The committee report on any such bill received after the May 1 deadline shall clearly indicate that the bill had been received after May 1 and is subject to this rule.

A Point of Order to enforce the provisions of this rule shall be valid until the Bill which is the subject of the Point of Order is printed and has been laid on the desks of the members in compliance with Rule 39.

All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. The committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual Senators may attend functions at any club without being censored or prejudiced in any manner.

The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended). The committee shall make copies of any such procedure available upon request.

No Resolution of a condemnatory nature shall be considered by the Senate unless it has been sent to the appropriate committee at least twenty-four (24) hours prior to such consideration.

The question of granting of free conference powers and the question of adoption of a free conference report shall require an affirmative vote of two-thirds (2/3) of the membership of the Senate.

On the question of an act returned from the Governor with his or her objections, the presiding officer shall submit the following question to the Senate:
"Shall the act become law, the veto of the Governor to the contrary notwithstanding?"

And if that question shall be decided in the affirmative by two-thirds (2/3) of the members of the Senate present and voting, then the Governor's veto is overridden.

The Clerk of the Senate shall prepare a list for each county of the State the percentage of the population of that county that a Senator represents. For general bills with local application, a Senator's vote shall be weighted based upon the percentage of the population of the county that the Senator represents.

No general bill with local application shall be introduced unless personally signed by a Senator representing the county. No general bill with local application may be moved from the local uncontested calendar to the local contested calendar unless approved by a vote of three-fifths (3/5) of the Senators who represent the county as determined by their weighted voting percentages.

When a general bill of local application is on the uncontested calendar, no further debate shall be allowed on the bill after no more than thirty (30) minutes of debate, fifteen (15) minutes for and fifteen (15) minutes against.

For purposes of this Rule, when a general bill of local application affects consolidation of school districts or municipalities within a county, then that bill cannot be moved from the local uncontested calendar to the local contested calendar unless approved by a vote of three-fifths (3/5) of the Senators of at least one of the affected school districts or municipalities. Upon motion, the Clerk of the Senate shall prepare a list for each affected school district or municipality the percentage of the population of that school district or municipality that a Senator represents.

Unless all of the affected Senators of a county have agreed to an alternative method, candidates for gubernatorial appointment to local offices shall be considered for confirmation as described below:

Once received by the Senate, local appointments shall be referred to the appropriate county senatorial delegation. The delegation then may report the appointment to the Senate for consideration (1) if the Senators whose combined weighted vote is sixty-five percent or more favor such report or (2) if seventy-five percent of the members of the delegation favor such report.

No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.

If any Senator, in speaking or otherwise, in the opinion of the President transgresses this Rule the President shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall immediately take his seat, and may not proceed without leave of the Senate, which if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate.

Any Senator directed by the President to take his seat, and any Senator requesting the President to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate but only after the Senate has proceeded to Executive Session.

As soon as practicable after the adoption of these Rules, the The President Pro Tempore shall appoint a President Pro Tempore Emeritus and a Ranking Member Emeritus. The President Pro Tempore Emeritus shall be the immediately preceding President Pro Tempore of the Senate. The Ranking Member Emeritus shall be the most senior member of the Minority Party. However, no member may be both President Pro Tem Emeritus and Ranking Member Emeritus simultaneously. The President Pro Tempore Emeritus and Ranking Member Emeritus shall be provided appropriate office space and staff if authorized by the Operations and Management Committee.

Senator MARTIN explained the Resolution.

Senator THOMAS made a motion to invoke the previous question on the matter of the Rules Resolution.

Senator RITCHIE seconded the motion.

The motion was adopted.

Senator MARTIN asked unanimous consent to make a motion to allow the sponsor of each amendment on the Desk to explain the amendment for no more than three minutes.

There was no objection.

At 3:01 P.M., Senator THOMAS assumed the Chair.

Senator LEVENTIS proposed the following Amendment No. 1 (2005-19C), which was withdrawn:

Amend the resolution, as and if amended, Rule 19C, Special Committees, by striking and inserting the following:

/   In addition to the above listed Standing Committees, there shall be two (2) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members, and the Operations and Management Committee which shall be composed of nine (9) members selected by the President Pro Tempore. The Senate Pro Tempore must select (5) from the majority party and four (4) from the minority party as members of Operations and Management Committee. The Chairman of the, Interstate Cooperation Committee, and the Operations and Management Committee shall in all cases be the most senior senator of the majority party serving thereon or in his or her absence the next most senior Senator of the majority party serving thereon. /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

On motion of Senator LEVENTIS, the amendment was withdrawn.

Senator KNOTTS proposed the following Amendment No. 2 (187R001.JMK), which was tabled:

Amend the Senate resolution, as and if amended, page 10, line 33, by striking /three-fifths (3/5)/ and inserting:

/     two-thirds (2/3)     /.

Amend the Senate resolution further, by page 11, line 5, by striking /three-fifths (3/5)/ and inserting:

/     two-thirds (2/3)     /.

Amend the Senate resolution further, page 11, line 43, by striking /three-fifths (3/5)/ and inserting:

/     two-thirds (2/3)     /.

Amend the Senate resolution further, page 12, line 27, by striking /three-fifths (3/5)/ and inserting:

/     two-thirds (2/3)     /.

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator KNOTTS proposed the following Amendment No. 3 (187R003.JMK), which was tabled:

Amend the Senate resolution, as and if amended, page 10, by striking line 39 and inserting:

/   debate on the current legislative day. Before any motion to limit debate on any matter before the Senate can be adopted by a vote of less than twenty-six (26) Senators, the time for voting on the motion must have been set at fifteen minutes.     /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator KNOTTS proposed the following Amendment No. 4 (187R004.JMK), which was tabled:

Amend the Senate resolution, as and if amended, page 25, by striking lines 13 through 21 and inserting:

/       No amendment shall be received on third reading of a Bill or Resolution, unless a majority of the Senators present and voting give leave for the amendment to be received, or unless notice by at least five Senators has been given on second reading. notice be given upon second reading, or unless unanimous consent of the Senate be obtained. Any amendment or Bill adopted on second reading may be further amended on third reading, provided previous notice of general amendments has been given. Any amendment offered pursuant to this provision must be in conformance with Rule 24.       /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator KNOTTS moved that the amendment be adopted.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   O'Dell                    Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin                    Williams

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
Patterson                 Pinckney                  Reese
Scott                     Setzler                   Sheheen
Short

The amendment was laid on the table.

Senator KNOTTS proposed the following Amendment No. 5 (187R005.JMK), which was tabled:

Amend the Senate resolution, as and if amended, page 20, by striking lines 27 through 35 and inserting:

/       (14)     Committees of conference and free conference between the two Houses shall be comprised of three members. The President of the Senate shall appoint three members of each conference committee, one member who shall have been recommended by the Chairman of the committee with jurisdiction over the bill which is the subject of the request for appointment of the conference committee; one member who shall have been recommended by the Ranking Member of the minority party of that committee based on seniority; and one member who shall have been recommended by the senior most majority party member of that committee other than the Chairman; provided that any of those recommendations have not been made by the appropriate time for announcement of the conference committee, or if two or more of those recommendations are the same, the President shall select the number of additional members required for the conference committee. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate shall select one member.   /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Gregory
Grooms                    Hawkins                   Hayes
Leatherman                Martin                    McConnell
McGill                    Mescher                   O'Dell
Peeler                    Rankin                    Richardson
Ritchie                   Ryberg                    Smith, J. Verne
Thomas                    Verdin                    Williams

Anderson                  Drummond                  Ford
Hutto                     Jackson                   Knotts
Land                      Leventis                  Lourie
Malloy                    Matthews                  Patterson
Pinckney                  Reese                     Scott
Setzler                   Sheheen                   Short

The amendment was laid on the table.

At 3:17 P.M., the PRESIDENT assumed the Chair.

Senator KNOTTS proposed the following Amendment No. 6 (187R007.JMK), which was tabled:

Amend the Senate resolution, as and if amended, Page 17, by striking lines 23 through 25 and inserting:

/   with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. Where two or more members have equal continuous service their seniority will be determined by drawing of lots immediately after the adoption of these rules, and that seniority ranking will remain in effect for the duration of the sessions for which theses rules are adopted. The Clerk of the Senate shall also prepare a list of each   /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator KNOTTS moved that the amendment be adopted.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   Peeler                    Richardson
Ritchie                   Ryberg                    Scott
Smith, J. Verne           Thomas                    Verdin
Williams

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Knotts
Land                      Leventis                  Lourie
Malloy                    Matthews                  O'Dell
Patterson                 Pinckney                  Rankin
Reese                     Setzler                   Sheheen
Short

The amendment was laid on the table.

Senator LEVENTIS proposed the following Amendment No. 7 (2005-19G), which was tabled:

Amend the resolution, as and if amended, RULE 19, Standing Committees of the Senate, Section G., Committee of Conference and Free Conference by striking in its entirety and inserting the following:

\     Committees of conference and free conference between the two Houses shall be comprised of three members. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate shall select one member.     \   Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Leatherman
Martin                    McConnell                 McGill
Mescher                   O'Dell                    Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Scott                     Thomas
Verdin                    Williams

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Knotts
Land                      Leventis                  Lourie
Malloy                    Matthews                  Patterson
Pinckney                  Reese                     Setzler
Sheheen                   Short

The amendment was laid on the table.

Senators HUTTO and SHEHEEN   proposed the following Amendment No. 8 (2005-32B), which was tabled:

Amend the resolution, as and if amended, RULE 32B, Contested Calendar by striking in its entirety and inserting the following:

\   During the motion period, a motion may be made to call any Bill or Resolution, which has been on the calendar for a minimum of six (6) days statewide legislative days, from the Contested Calendar. Such motions shall be determined by a majority of the Senators present and voting after no more than one half (1/2) hour, fifteen (15) minutes for and fifteen (15) minutes against.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Senators HUTTO and SHEHEEN proposed the following Amendment No. 9A (2005-15A), which was withdrawn:

Amend the resolution, as and if amended, RULE 15, Section A., Fixing a Time Certain to Vote, by striking and inserting the following:

\   Except for any Reapportionment Bill, the debate on a Bill or Resolution may be brought to a close by a vote of the three-fifths (3/5) of the Senators present and voting if such Bill or Resolution has been under debate for two (2) hours on the current legislative day. The debate on any other matter pending before the Senate, except as otherwise provided in these Rules, may be brought to a close by a vote of a majority of the membership of the Senate after one (1) hour of debate on the current legislative day.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer, not to exceed twenty (20) minutes.

Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

On motion of Senator HUTTO, with unanimous consent, Amendment No. 9A was withdrawn.

Senator REESE proposed the following Amendment No. 11 (2005-51E), which was tabled:

Amend the resolution, as and if amended, page 42, lines 31 through 34 by striking and inserting the following:

With the exception of gubernatorial appointments in an individual Senator's district all affected Senators of a county must agree to an alternative method, candidates for gubernatorial appointment to local offices shall be considered for confirmation as described below:

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Rankin
Richardson                Ritchie                   Ryberg
Scott                     Smith, J. Verne           Thomas
Verdin

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
O'Dell                    Patterson                 Pinckney
Reese                     Setzler                   Sheheen
Short                     Williams

The amendment was laid on the table.

The question then was the adoption of the Resolution.

Senator LEVENTIS, with unanimous consent, spoke on the Resolution, not to exceed five minutes.

Senator KNOTTS, with unanimous consent, spoke on the Resolution, not to exceed five minutes.

The Senate Resolution was adopted.

Pursuant to the Rules, Senator McCONNELL moved that the Senate proceed to the selection of seats.

The Reading Clerk called the seniority roll for the purpose of seating selections as follows:

Seat 1     Sen. McConnell
Seat 2     Sen. J. Verne Smith
Seat 3     Sen. Leatherman
Seat 4     Sen. Peeler
Seat 5     Sen. Thomas
Seat 6     Sen. Courson
Seat 7     Sen. Hayes
Seat 8     Sen. Martin
Seat 9     Sen. Gregory
Seat 10   Sen. Ryberg
Seat 11   Sen. Richardson
Seat 12   Sen. Fair
Seat 13   Sen. O'Dell
Seat 14   Sen. Hawkins
Seat 15   Sen. Grooms
Seat 16   Sen. Verdin
Seat 17   Sen. Mescher
Seat 18   Sen. Knotts
Seat 19   Sen. Cromer
Seat 20   Sen. Alexander
Seat 21   Sen. Ritchie
Seat 22   Sen. Bryant
Seat 23   Sen. Campsen
Seat 24   Sen. Land
Seat 25   Sen. Setzler
Seat 26   Sen. Drummond
Seat 27   Sen. Leventis
Seat 28   Sen. McGill
Seat 29   Sen. Moore
Seat 30   Sen. Reese
Seat 31   Sen. Patterson
Seat 32   Sen. Matthews
Seat 33   Sen. Short
Seat 34   Sen. Hutto
Seat 35   Sen. Rankin
Seat 36   Sen. Elliott
Seat 37   Sen. Anderson
Seat 38   Sen. Ford
Seat 39   Sen. Jackson
Seat 40   Sen. Cleary
Seat 41   Sen. Scott
Seat 42   Sen. Williams
Seat 43   Sen. Malloy
Seat 44   Sen. Sheheen
Seat 45   Sen. Lourie
Seat 46   Sen. Pinckney

At 4:06 P.M., on motion of Senator McCONNELL, the Senate receded from business subject to the Call of the Chair.

At 4:16 P.M., the Senate resumed.

The Senate proceeded to the selection of committees as follows:
AGRICULTURE AND NATURAL RESOURCES
Grooms, Larry K., Chairman
Leventis, Phil
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, J. Yancey
Hutto, C. Bradley
Elliott, Dick
Verdin, Daniel B.
Knotts, John M. "Jake", Jr.
Fair, Michael
Cromer, Ronnie W.
Hawkins, John
Bryant, Kevin
Campsen, George E. III "Chip"
Cleary, Raymond E. III
Lourie, Joel
Williams, Kent M.

BANKING AND INSURANCE
Thomas, David L., Chairman
McConnell, Glenn F.
Setzler, Nikki
Courson, John E.
Matthews, John W., Jr.
Patterson, Kay
Reese, Glenn G.
Hayes, Robert W., Jr.
Jackson, Darrell
Martin, Larry A.
Rankin, Luke
Alexander, Thomas C.
Richardson, Scott H.
Ford, Robert
Ritchie, James H., Jr.
Cromer, Ronnie W.
Pinckney, Clementa

CORRECTIONS AND PENOLOGY
Fair, Michael L., Chairman
Thomas, David L.
Patterson, Kay
Ford, Robert
Gregory, Greg
Ryberg, W. Greg
Anderson, Ralph
Hawkins, John D.
Pinckney, Clementa C.
Leatherman, Hugh
Courson, John E.
Hayes, Robert W., Jr.
Bryant, Kevin
Lourie, Joel
Scott, Russell R. "Randy"
Sheheen, Vincent A.
Williams, Kent M.

EDUCATION
Courson, John E., Chairman
Setzler, Nikki
Matthews, John W., Jr.
Hayes, Robert W., Jr.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.
Patterson, Kay
Gregory, Greg
Fair, Michael L.
Peeler, Harvey S., Jr.
Leventis, Phil
Jackson, Darrell
Anderson, Ralph
Richardson, Scott H.
Cleary, Raymond E. III
Scott, Russell R. "Randy"

ETHICS
Hayes, Robert, Chairman
Leatherman, Hugh K.
McConnell, Glenn F.
Courson, John E.
Leventis, Phil P.
Matthews, John W., Jr.
Moore, Thomas L.
McGill, J. Yancey
Land, John C., III
Peeler, Harvey S., Jr.

FINANCE
Leatherman, Hugh K., Chairman
Drummond, John
Smith, J. Verne
Land, John C. III
Setzler, Nikki
Leventis, Phil
Peeler, Harvey S., Jr.
Thomas, David L.
Patterson, Kay
McGill, J. Yancey
Courson, John E.
Matthews, John W., Jr.
O'Dell, William H.
Reese, Glenn G.
Hayes, Robert W., Jr.
Ryberg, W. Greg
Short, Linda H.
Alexander, Thomas C.
Grooms, Larry K.
Pinckney, Clementa C.
Fair, Mike
Richardson, Scott H.
Verdin, Daniel B.

FISH, GAME AND FORESTRY
Gregory, Greg, Chairman
Drummond, John
Land, John C. III
McGill, J. Yancey
Elliott, Dick
Moore, Thomas L.
Hutto, C. Bradley
Grooms, Larry K.
Cromer, Ronnie W.
McConnell, Glenn F.
Peeler, Harvey S. , Jr.
Mescher, Willliam C.
Sheheen, Vincent A.
Martin, Larry A.
Alexander, Thomas
Bryant, Kevin
Campsen, George E. III "Chip"

GENERAL COMMITTEE
Mescher, William C., Chairman
O'Dell, William H.
Martin, Larry A.
Alexander, Thomas C.
Ryberg, W. Greg
Richardson, Scott H.
Elliott, Dick
Hawkins, John D.
Knotts, John M., J. "Jake"
Ford, Robert
Short, Linda H.
Sheheen, Vincent A.
Reese, Glenn G.
Gregory, Greg
Ritchie, James H. Jr.
Lourie, Joel
Williams, Kent M.

INTERSTATE COOPERATION
Smith, J. Verne, Chairman
Drummond, John
Leatherman, Hugh K.
Setzler, Nikki
McConnell, Glenn F.

INVITATIONS
Alexander, Thomas C., Chairman
Patterson, Kay
O'Dell, William H.
McGill, J. Yancey
Reese, Glenn G.
Knotts, John M. "Jake", Jr.
Elliott, Dick
Ford, Robert
Grooms, Larry K.
Verdin, Daniel B.
Campsen, George E. III "Chip"

JUDICIARY
McConnell, Glenn F., Chairman
Moore, Thomas L.
Ford, Robert
Gregory, Greg
Jackson, Darrell
Martin, Larry A.
Mescher, William C.
Rankin, Luke
Elliott, Dick
Hutto, C. Bradley
Anderson, Ralph
Hawkins, John D.
Ritchie, James H., Jr.
Knotts, John M. "Jake", Jr.
Malloy, Gerald
Cromer, Ronnie W.
Sheheen, Vincent A.
Bryant, Kevin
Campsen, George E. III "Chip"
Cleary, Raymond E. III
Lourie, Joel
Scott, Russell R. "Randy"
Williams, Kent M.

LABOR, COMMERCE AND INDUSTRY
Smith, J. Verne, Chairman
Drummond, John
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William H.
Reese, Glenn G.
Ford, Robert
Mescher, William C.
Ryberg, W. Greg
Alexander, Thomas C.
Leatherman, Hugh K.
Verdin, Daniel B.
Grooms, Larry K.
Malloy, Gerald
Bryant, Kevin

MEDICAL AFFAIRS
Peeler, Harvey S., Jr., Chairman
Smith, J. Verne
Moore, Thomas L.
Courson, John E.
Thomas, David L.
Hayes, Robert W., Jr.
Jackson, Darrell
Short, Linda H.
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
Pinckney, Clementa C.
Ritchie, James H., Jr.
Malloy, Gerald
Verdin, Daniel B.
Cleary, Raymond E. III
Scott, Russell R. "Randy"

RULES
Martin, Larry A., Chairman
Smith, J. Verne
McConnell, Glenn F.
Reese, Glenn G.
Land, John C. III
Moore, Thomas L.
Hutto, C. Bradley
Ritchie, James H., Jr.
Matthews, John W., Jr.
Knotts, John M. "Jake", Jr.
Malloy, Gerald
Cromer, Ronnie W.
O'Dell, William H.
Leatherman, Hugh
Thomas, David L.
Anderson, Ralph
Campsen, George E. III "Chip"

TRANSPORTATION
Ryberg, W. Greg, Chairman
Land, John C. III
Leatherman, Hugh K.
McGill, J. Yancey
Elliott, Dick
Rankin, Luke
Grooms, Larry K.
Richardson, Scott H.
Hawkins, John D.
Verdin, Daniel B.
Drummond, John
Malloy, Gerald
Knotts, John M. "Jake", Jr.
Short, Linda H.
Pinckney, Clementa
Campsen, George E. III "Chip"
Cleary, Raymond E. III

ALEXANDER, THOMAS C.
Banking and Insurance
Finance
Fish, Game and Forestry
General
Invitations, Chairman
Labor, Commerce and Industry

ANDERSON, RALPH
Corrections and Penology
Education
Judiciary
Medical Affairs
Rules

BRYANT, KEVIN
Agriculture and Natural Resources
Corrections and Penology
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry

CAMPSEN, George E. III "Chip"
Agriculture and Natural Resources
Fish, Game and Forestry
Invitation
Judiciary
Rules
Transportation

CLEARY, Raymond E III
Agriculture and Natural Resources
Education
Judiciary
Medical Affairs
Transportation

COURSON, JOHN E.
Banking and Insurance
Corrections and Penology
Education, Chairman
Ethics
Finance
Medical Affairs

CROMER, RONNIE W.
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Judiciary
Rules

DRUMMOND, JOHN
Finance
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
Transportation

ELLIOTT, DICK
Agriculture and Natural Resources
Fish, Game and Forestry
General
Invitations
Judiciary
Transportation

FAIR, MICHAEL L.
Agriculture and Natural Resources
Corrections and Penology, Chairman
Education
Finance
Medical Affairs

FORD, ROBERT
Banking and Insurance
Corrections and Penology
General
Invitation
Judiciary
Labor, Commerce and Industry

GREGORY, GREG
Corrections and Penology
Education
Fish, Game and Forestry, Chairman
General
Judiciary

GROOMS, LARRY K..
Agriculture and Natural Resources, Chairman
Finance
Fish, Game and Forestry
Invitations
Labor, Commerce and Industry
Transportation

HAWKINS, JOHN D.
Agriculture and Natural Resources
Corrections and Penology
General
Judiciary
Transportation

HAYES, ROBERT W., JR.
Banking and Insurance
Corrections and Penology
Education
Ethics, Chairman
Finance
Medical Affairs

HUTTO, C. BRADLEY
Agriculture and Natural Resources
Fish, Game and Forestry
Judiciary
Medical Affairs
Rules

JACKSON, DARRELL
Banking and Insurance
Education
Judiciary
Medical Affairs

KNOTTS, JOHN M. "JAKE", JR.
Agriculture and Natural Resources
General
Invitations
Judiciary
Rules
Transportation

LAND, JOHN C. III
Ethics
Finance
Fish, Game and Forestry
Rules
Transportation

LEATHERMAN, HUGH K.
Corrections and Penology
Ethics
Finance, Chairman
Interstate Cooperation
Labor, Commerce and Industry
Rules
Transportation

LEVENTIS, PHIL
Agriculture and Natural Resources
Education
Ethics
Finance
Labor, Commerce and Industry

LOURIE, Joel
Agriculture and Natural Resources
Corrections and Penology
General
Judiciary

MALLOY, GERALD
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
Transportation

MARTIN, LARRY A.
Banking and Insurance
Fish, Game and Forestry
General
Judiciary
Rules, Chairman

MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Ethics
Finance
Rules

McCONNELL, GLENN F.
Banking and Insurance
Ethics
Fish, Game and Forestry
Interstate Cooperation
Judiciary, Chairman
Labor, Commerce and Industry
Rules

McGILL, J. YANCEY
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry
Invitations
Transportation

MESCHER, WILLIAM C.
Education
Fish, Game and Forestry
General, Chairman
Judiciary
Labor, Commerce and Industry

MOORE, THOMAS L.
Ethics
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules

O'DELL, WILLIAM H.
Finance
General
Invitations
Labor, Commerce and Industry
Rules

PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Education
Finance
Invitations

PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Education
Ethics
Finance
Fish, Game and Forestry
Medical Affairs, Chairman

PINCKNEY, CLEMENTA C.
Banking and Insurance
Corrections and Penology
Finance
Medical Affairs
Transportation

RANKIN, LUKE
Banking and Insurance
Education
Judiciary
Transportation

REESE, GLENN G.
Banking and Insurance
Finance
General
Invitations
Labor, Commerce and Industry
Rules

RICHARDSON, SCOTT H.
Banking and Insurance
Education
Finance
General
Transportation

RITCHIE, JAMES H., JR.
Banking and Insurance
General
Judiciary
Medical Affairs
Rules

RYBERG, W. GREG
Corrections and Penology
Finance
General
Labor, Commerce and Industry
Transportation, Chairman

SCOTT, RUSSELL R. "RANDY"
Corrections and Penology
Education
Judiciary
Medical Affairs

SETZLER, NIKKI
Banking and Insurance
Education
Finance
Interstate Cooperation
Labor, Commerce and Industry

SHEHEEN, VINCENT A.
Corrections and Penology
Fish, Game and Forestry
General
Judiciary

SHORT, LINDA H.
Education
Finance
General
Medical Affairs
Transportation

SMITH, J. VERNE
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules

THOMAS, DAVID L.
Banking and Insurance, Chairman
Corrections and Penology
Finance
Medical Affairs
Rules

VERDIN, DANIEL B.
Agriculture and Natural Resources
Finance
Invitations
Labor, Commerce and Industry
Medical Affairs
Transportation

WILLIAMS, Kent M.
Agriculture and Natural Resources
Corrections and Penology
General
Judiciary

Pursuant to Rule 19E, the following members are designated as Standing Committee Chairmen:

AGRICULTURE AND NATURAL RESOURCES COMMITTEE

Senator Lawrence K. "Larry" Grooms
BANKING AND INSURANCE COMMITTEE

Senator David L. Thomas
CORRECTIONS AND PENOLOGY COMMITTEE

Senator Michael L. Fair
EDUCATION COMMITTEE

Senator John E. Courson
ETHICS COMMITTEE

Senator Robert W. "Wes" Hayes Jr.
FINANCE COMMITTEE

Senator Hugh K. Leatherman
FISH, GAME AND FORESTRY COMMITTEE

Senator Chauncey K. "Greg" Gregory
GENERAL COMMITTEE

Senator William C. Mescher
INTERSTATE COOPERATION COMMITTEE

Senator J. Verne Smith
INVITATIONS COMMITTEE

Senator Thomas C. Alexander
JUDICIARY COMMITTEE

Senator Glenn F. McConnell
LABOR, COMMERCE AND INDUSTRY COMMITTEE

Senator J. Verne Smith
MEDICAL AFFAIRS COMMITTEE

Senator Harvey S. Peeler
RULES COMMITTEE

Senator Larry A. Martin
TRANSPORTATION COMMITTEE

Senator W. Greg Ryberg

Senator McCONNELL asked unanimous consent to make a motion that the list of prefiled Bills and Resolutions, a copy of which was sent to each member, be entered in the Journal as having been read and referred, as noted, unless any member shall make a motion to refer a Bill to a different committee.

There was no objection and the motion was adopted.

The following were introduced:

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
l:\s-jud\bills\ryberg\jud0013.wgr.doc

Prefiled and referred to the Committee on Transportation.

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

S. 2 (Word version) -- Senators Leatherman, Bryant and Mescher: A BILL TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005 BY ADDING CHAPTER 32 TO TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR NONECONOMIC DAMAGES THAT MAY BE AWARDED A PLAINTIFF IN A PERSONAL INJURY ACTION AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED FOR FRAUDULENT OR WILFUL OR INTENTIONAL CONDUCT SPECIFICALLY INTENDED TO HARM THE PERSON SEEKING PUNITIVE DAMAGES, TO REQUIRE A PLAINTIFF, PRIOR TO JUDGMENT, TO ELECT BETWEEN PUNITIVE DAMAGES AND OTHER DAMAGES AVAILABLE UNDER ANOTHER REMEDY, TO SPECIFY FACTORS THAT MUST BE CONSIDERED IN AWARDING PUNITIVE DAMAGES; TO ADD CHAPTER 40 TO TITLE 15 SO AS TO PROVIDE THAT IN ALL TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS TO BE MADE TO THE CLAIMANT IS ADMISSIBLE AND TO REQUIRE SPECIFIC FINDINGS TO BE MADE FOR THE AMOUNT OF CERTAIN PAST AND FUTURE DAMAGES; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE ANNUAL LEGAL RATE OF INTEREST ON MONEY DECREES AND JUDGMENTS, SO AS TO CHANGE THE INTEREST RATE FROM TWELVE PERCENT TO SIX PERCENT; TO AMEND SECTION 15-1-310, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS, WHO IN GOOD FAITH, RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT, SO AS PROVIDE IMMUNITY TO HEALTH CARE PROVIDERS, WHO WITH NO EXPECTATION OF PAYMENT, RENDER MEDICAL CARE AND TO APPLY THE LIMITS OF LIABILITY PROVIDED FOR IN THE TORT CLAIMS ACT FOR ANY CLAIM BROUGHT AGAINST SUCH PERSONS; TO ADD SECTION 15-1-315 SO AS TO PROVIDE IMMUNITY FROM LIABILITY TO A HEALTH CARE PROVIDER FOR AN INJURY SUSTAINED BY A PATIENT FROM TAKING A PRESCRIPTION DRUG OR USING A MEDICAL DEVICE PRESCRIBED BY THE PROVIDER IN ACCORDANCE WITH INSTRUCTIONS OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO VIOLATIONS OF MANDATORY SEATBELT USAGE, SO AS TO PROVIDE THAT SUCH VIOLATIONS ARE ADMISSIBLE TO PROVE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OR CERTAIN OTHER DEFENSES IN A CIVIL ACTION; TO ADD CHAPTER 47 TO TITLE 15 SO AS TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR SUCH DEFECTS, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER, MEMBER, OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR SUCH DEFECTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMENDED SECTION 15-78-20, AS AMENDED, RELATING TO THE TORT CLAIMS ACT, SO AS TO DELETE PROVISIONS AUTHORIZING RECOVERY AGAINST A GOVERNMENTAL HEALTH FACILITY FOR A CLAIM ARISING BEFORE THE EFFECTIVE DATE OF THE TORT CLAIMS ACT IF THE FACILITY MAINTAINED LIABILITY INSURANCE COVERAGE AND TO DELETE THE PROVISION SPECIFICALLY DELAYING INCLUSION OF PHYSICIANS AND DENTISTS IN THE TORT CLAIMS ACT UNTIL JANUARY 1, 1989; TO AMEND SECTION 15-78-30, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE' AND "SCOPE OF OFFICIAL DUTY" TO INCLUDE HEALTH CARE PROVIDERS RENDERING CARE UNDER MEDICAID AND OTHER PUBLICLY FUNDED HEALTH CARE PROGRAMS AND TO DEFINE "DISCRETIONARY ACT"; TO AMEND SECTIONS 15-78-70 AND 15-78-120, BOTH AS AMENDED, RELATING RESPECTIVELY TO THE STATE TORT CLAIMS ACT BEING THE EXCLUSIVE REMEDY FOR CLAIMS AGAINST THE STATE FOR ACTS OF ITS EMPLOYEES AND TO LIMITATIONS ON THE AMOUNT OF DAMAGES A PERSON MAY RECOVER, SO AS TO DELETE PROVISIONS PROVIDING NO LIMIT ON THE AMOUNT OF LIABILITY AGAINST PHYSICIANS OR DENTISTS RENDERING SERVICES WHICH ARE PAID FROM A SOURCE OTHER THAN A GOVERNMENTAL SALARY AND TO DELETE PROVISIONS WHICH ESTABLISH A HIGHER LIMIT OF LIABILITY UNDER THE TORT CLAIMS ACT FOR ACTIONS AGAINST GOVERNMENTAL PHYSICIANS AND DENTISTS ACTING WITHIN THE SCOPE OF THEIR GOVERNMENTAL EMPLOYMENT; TO ADD SECTION 15-78-55 SO AS TO PROVIDE THAT EACH EXCEPTION TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT IS SEPARATE FROM OTHER EXCEPTIONS AND EACH RENDERS THE GOVERNMENTAL ENTITY IMMUNE; TO AMEND SECTION 15-78-100, AS AMENDED, RELATING TO THE STATUTE OF LIMITATIONS AND JURISDICTION UNDER THE TORT CLAIMS ACT, SO AS TO AUTHORIZE A GOVERNMENTAL ENTITY TO IMPLEAD A PERSON OR ENTITY IN AN ACTION; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED ON DEFECT OR UNSAFE CONDITION OF IMPROVEMENT TO REAL PROPERTY, SO AS TO CHANGE THE STATUTE OF LIMITATIONS FROM THIRTEEN YEARS TO SIX YEARS; TO ADD SECTION 15-3-645 SO AS TO ESTABLISH A TEN-YEAR STATUTE OF LIMITATIONS ON ACTIONS BASED UPON AN ALLEGED DEFECT OR FAILURE IN A PRODUCT; TO ADD CHAPTER 41 TO TITLE 15 SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT AND TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT; TO AMEND CHAPTER 36, TITLE 15, RELATING TO SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, SO AS TO REPLACE THE PROVISIONS OF THAT CHAPTER WITH PROVISIONS REQUIRING AN ATTORNEY FOR A PLAINTIFF TO SIGN DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNING CONSTITUTES CERTIFICATION THAT THE DOCUMENT IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE SANCTIONS; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY IN WHICH THE DEFENDANT RESIDES, SO AS TO FURTHER PROVIDE FOR THE PROPER VENUE IF THE DEFENDANT IS A NONRESIDENT, A DOMESTIC CORPORATION, OR A FOREIGN CORPORATION; TO REPEAL SECTION 15-33-135, RELATING TO THE EVIDENTIARY STANDARD FOR PROVING PUNITIVE DAMAGES; TO REPEAL SECTION 44-7-50, RELATING TO THE MODIFICATION OF THE DOCTRINES OF CHARITABLE AND SOVEREIGN IMMUNITY; TO REPEAL SECTION 58-23-90, RELATING TO THE PROPER VENUE IN WHICH TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER; AND TO REPEAL CHAPTER 38, TITLE 15, RELATING TO THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT.
l:\s-res\hkl\006tort.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 3 (Word version) -- Senators Leatherman and Verdin: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
l:\council\bills\swb\6177cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 4 (Word version) -- Senators Leatherman, Setzler, Hayes and Mescher: 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.
l:\s-res\hkl\007educ.kmm.doc

Prefiled and referred to the Committee on Education.

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

S. 5 (Word version) -- Senators McConnell, Moore, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
l:\s-jud\bills\mcconnell\jud0019.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 6 (Word version) -- Senators McConnell, Moore and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE STATE TREASURER FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE STATE TREASURER SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE STATE TREASURER SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
l:\s-jud\bills\mcconnell\jud0027.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 7 (Word version) -- Senators McConnell and J. Verne Smith: 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".
l:\council\bills\nbd\11010ac05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 8 (Word version) -- Senators McConnell, Moore, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
l:\s-jud\bills\mcconnell\jud0018.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 9 (Word version) -- Senators McConnell, Moore, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
l:\s-jud\bills\mcconnell\jud0016.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 10 (Word version) -- Senators McConnell, Moore, Ryberg and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO THE ADJUTANT GENERAL'S TITLE AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
l:\s-jud\bills\mcconnell\jud0015.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 11 (Word version) -- Senators McConnell, Moore and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR; PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, RELATING TO THE QUALIFICATIONS OF JUSTICES AND JUDGES, SO AS TO DELETE AN OBSOLETE PARAGRAPH WHICH PROVIDES FOR CERTAIN QUALIFICATIONS OF SITTING JUSTICES AND JUDGES; PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE VI, RELATING TO THE OATH OF OFFICE FOR EXECUTIVE OFFICERS, SO AS TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECTION AND TO MAINTAIN OATHS FOR MEMBERS OF THE GENERAL ASSEMBLY UNDER ARTICLE III, SECTION 26.
l:\s-jud\bills\mcconnell\jud0014.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 12 (Word version) -- Senators McConnell, Moore and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
l:\s-jud\bills\mcconnell\jud0017.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 13 (Word version) -- Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005; BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
l:\council\bills\ms\7048ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 14 (Word version) -- Senators McConnell, Moore, Campsen, Bryant and Elliott: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
l:\s-jud\bills\mcconnell\jud0005.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 15 (Word version) -- Senators McConnell, Elliott and Ritchie: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; AND TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.
l:\s-jud\bills\mcconnell\jud0006.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes and Verdin: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
l:\s-jud\bills\moore\jud0007.tlm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 17 (Word version) -- Senators Hutto, McConnell and Mescher: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.
l:\s-jud\bills\hutto\jud0020.cbh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. Verne Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews and Land: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
l:\s-jud\bills\mcconnell\jud0026.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 19 (Word version) -- Senators McConnell, Campsen, Elliott and Hayes: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
l:\council\bills\dka\3043dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 20 (Word version) -- Senators McConnell, Ritchie, Short and Elliott: 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.
l:\s-jud\bills\mcconnell\jud0001.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 21 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 34-39-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO DEFERRED PRESENTMENT SERVICES, SO AS TO DEFINE AUTOMATED CLEARING HOUSE; TO AMEND SECTION 34-39-150, RELATING TO LICENSURE PROCEDURES, SO AS TO REQUIRE THAT LICENSE RENEWAL FEES BE PAID BY SEPTEMBER FIRST OF EACH YEAR, THAT LATE FEES OF ONE HUNDRED DOLLARS SHALL BE CHARGED, THAT WRITTEN NOTICE OF A CHANGE IN BUSINESS LOCATION BY THE DEFERRED PRESENTMENT LICENSEE SHALL BE GIVEN TO THE BOARD, THAT NO CHANGE OF LOCATION SHALL BE MADE TO AN AREA OUTSIDE OF THE MUNICIPALITY FOR WHICH THE LICENSEE RECEIVED A LICENSE, AND THAT A LICENSEE MAY NOT CONDUCT BUSINESS UNDER ANY OTHER NAME AND ONLY AT A LICENSED LOCATION; TO AMEND SECTION 34-39-170, RELATING TO RESTRICTIONS ON THE ADVANCEMENT OF MONEY, SO AS TO PROHIBIT A LICENSEE FROM USING THE AUTOMATED CLEARING HOUSE SERVICES ON ANY ACCOUNT MORE THAN ONCE AND TO REQUIRE THE TRANSFER OF ONLY THE TOTAL CHECK AMOUNT; TO AMEND SECTION 34-39-180, RELATING TO RESTRICTIONS AND REQUIREMENTS FOR DEFERRED PRESENTMENT OR DEPOSIT OF CHECKS, SO AS TO PROVIDE THAT A LICENSEE MUST NOT CHARGE IN EXCESS OF FIFTEEN PERCENT OF THE AMOUNT ADVANCED FOR A CHECK, TO PROVIDE THAT THE SAME LICENSEE SHALL NOT ISSUE MULTIPLE ADVANCES OR ALLOW MORE THAN ONE OUTSTANDING CHECK ADVANCE FOR ANY CUSTOMER WITH A LICENSEE, AND TO PROVIDE THAT, IF AN ACCOUNT IS RENEWED, THE CUSTOMER WILL HAVE NO OBLIGATION TO REPAY THE DEBT; AND TO AMEND SECTION 34-39-200, RELATING TO LIMITATIONS ON ACTIVITIES BY PERSONS REQUIRED TO BE LICENSED, BY CHANGING "WESTERN UNION SERVICES" TO "WIRING SERVICES".
l:\s-jud\bills\mcconnell\jud0154.gfm.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen and Hayes: 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 CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILLFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
l:\s-jud\bills\knotts\jud0011.jmk.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 23 (Word version) -- Senators Short, Moore, Elliott, Ryberg, Ritchie and Verdin: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE "BREAST CANCER AWARENESS" MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.
l:\council\bills\swb\6147cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 24 (Word version) -- Senators Leatherman, Campsen, Elliott and Mescher: A BILL TO AMEND SECTION 59-17-135 OF THE 1976 CODE, RELATING TO CHARACTER EDUCATION IN SCHOOLS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
l:\s-res\hkl\004char.kmm.doc

Prefiled and referred to the Committee on Education.

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

S. 25 (Word version) -- Senators Leatherman, Bryant, Elliott and Mescher: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-45, TO PROHIBIT THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON SEVENTEEN YEARS OF AGE OR UNDER WHO IS NOT A HIGH SCHOOL GRADUATE OR DOES NOT HAVE A G.E.D. CERTIFICATE OR WHO DOES NOT PROVIDE DOCUMENTATION THAT HE IS PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO PROVIDE THAT A PERSON OVER SEVENTEEN YEARS OF AGE BUT NOT OVER EIGHTEEN YEARS OF AGE APPLYING FOR A DRIVER'S LICENSE SHALL PROVIDE THE DEPARTMENT EVIDENCE OF EITHER GRADUATION FROM HIGH SCHOOL, OR HIS G.E.D. CERTIFICATE OR EVIDENCE THAT HE IS ENROLLED IN A PUBLIC OR PRIVATE SCHOOL, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE A SCHOOL'S ATTENDANCE SUPERVISOR TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF A PERSON WHO WITHDRAWS FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF THE PERSON UPON TEN DAYS' WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT A SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
l:\s-res\hkl\003driv.kmm.doc

Prefiled and referred to the Committee on Transportation.

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

S. 26 (Word version) -- Senators Leatherman, Campsen, Verdin and Mescher: A BILL TO AMEND SECTION 16-3-612 OF THE 1976 CODE, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE NOTIFICATION OF VICTIMS IN PROCEEDINGS IN SUMMARY, FAMILY, AND CIRCUIT COURT, TO REQUIRE THE JUDGE TO INQUIRE WHETHER THE VICTIM WAS NOTIFIED OF THE PROCEEDING, WHETHER THE VICTIM IS PRESENT AT THE PROCEEDING, AND WHETHER THE VICTIM DESIRES TO BE HEARD AT THE PROCEEDING; TO AMEND CHAPTER 78, TITLE 15 BY ADDING SECTION 15-78-210 TO LIMIT A TEACHER'S CIVIL LIABILITY UNDER THE TORT CLAIMS ACT AND PROVIDING FOR A TEACHER'S RIGHT TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER ON SCHOOL GROUNDS OR AT A SCHOOL SPONSORED EVENT; AND TO AMEND CHAPTER 25 OF TITLE 59, BY ADDING SECTION 59-25-900, TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE.
l:\s-res\hkl\002teac.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
l:\s-res\hkl\001terc.kmm.doc

Prefiled and referred to the Committee on Finance.

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

S. 28 (Word version) -- Senators Richardson, Ryberg, Verdin and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-200 SO AS TO REQUIRE A VOTER REGISTRATION CERTIFICATE TO HAVE THE VOTER'S PHOTOGRAPH ON IT.
l:\council\bills\dka\3009dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 29 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-148 SO AS TO PROVIDE THAT NO FUNDS OF THE INSURANCE RESERVE FUND SHALL BE LOANED DIRECTLY TO AGENCIES, ENTITIES, OR POLITICAL SUBDIVISIONS OF THIS STATE NOR SHALL ANY OF THESE FUNDS BE DIRECTLY INVESTED IN ANY NOTES, BONDS, OR OTHER DEBT OBLIGATIONS OF THE STATE OF SOUTH CAROLINA OR ITS POLITICAL SUBDIVISIONS, AND TO PROVIDE EXCEPTIONS.
l:\council\bills\gjk\20005sd05.doc

Prefiled and referred to the Committee on Finance.

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

S. 30 (Word version) -- Senators Richardson, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
l:\council\bills\bbm\10420sj05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 31 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2140 SO AS TO "SUNSET" STATE SALES AND USE TAX EXEMPTIONS EVERY THREE YEARS BEGINNING IN 2005 AND TO PROVIDE THAT EXEMPTIONS MAY BE REINSTATED ONLY BY MEANS OF A JOINT RESOLUTION ENACTED BY THE GENERAL ASSEMBLY WHICH BY ITS TERMS SPECIFICALLY REINSTATES EXEMPTIONS, TO REQUIRE ADDITIONALLY THAT FOR REINSTATEMENT OF A SPECIFIC EXEMPTION ITS REINSTATEMENT MUST RECEIVE A SEPARATE AFFIRMATIVE RECORDED TWO-THIRDS VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR NOTICE OF DELETED AND REINSTATED EXEMPTIONS.
l:\council\bills\ggs\22810htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 32 (Word version) -- Senators Richardson, Elliott and Mescher: A BILL TO AMEND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE DEDUCTION ALLOWED PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW AN EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF TAXABLE INCOME FOR TAXPAYERS WHO HAVE ATTAINED THE AGE OF SEVENTY YEARS AND TO PROVIDE AN ALTERNATE DEDUCTION FROM TAXABLE INCOME FOR INDIVIDUAL TAXPAYERS OVER SIXTY-FIVE YEARS OF AGE BUT WHO HAVE NOT ATTAINED THE AGE OF SEVENTY YEARS WITH THE TAXPAYER ALLOWED THE GREATER OF THE ORIGINAL DEDUCTION ALLOWED PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR THE ALTERNATE DEDUCTION ADDED BY THIS ACT.
l:\council\bills\ggs\22811htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 33 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-2-13 SO AS TO PROVIDE THAT A MEMBER OF THE SENATE WHO PRACTICES LAW IN MAGISTRATES COURT MAY NOT PARTICIPATE IN THE SELECTION OF A MAGISTRATE.
l:\council\bills\ms\7020ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 34 (Word version) -- Senators Richardson, Ryberg, Elliott and Verdin: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
l:\s-res\shr\001judg.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 35 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY RESIDENT MEMBERS ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CLARIFY THAT A COUNTY SHALL ONLY BE REPRESENTED ON THE COMMISSION FOR ONE TERM OF SIX YEARS UNLESS AT LEAST SIX YEARS LAPSE FROM THE EXPIRATION OF THE FORMER MEMBER'S TERM; AND TO AMEND SECTION 57-1-330, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT A COMMISSIONER SHALL NOT SERVE MORE THAN ONE TERM OF SIX YEARS, TO PROVIDE FOR STAGGERED TERMS OF COMMISSION MEMBERS APPOINTED PURSUANT TO THIS ACT, AND TO PROVIDE THAT A COMMISSIONER SERVING ON THIS ACT'S EFFECTIVE DATE MAY COMPLETE THE TERM FOR WHICH HE WAS ELECTED.
l:\s-res\shr\003tran.kmm.doc

Prefiled and referred to the Committee on Transportation.

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

S. 36 (Word version) -- Senator Richardson: A BILL TO AMEND TITLE 15 OF THE 1976 CODE BY ADDING CHAPTER 32, ARTICLE 1 TO PROVIDE FOR THE NONECONOMIC DAMAGES AWARDS ACT OF 2005, TO DEFINE KEY TERMS, TO PROVIDE THAT A MEDICAL MALPRACTICE CLAIMANT MAY NOT BE AWARDED NONECONOMIC DAMAGES EXCEEDING $300,000, TO PROVIDE CERTAIN EXCEPTIONS, AND TO PROVIDE FOR THE INCREASE OR DECREASE OF THE CAP ON NONECONOMIC DAMAGES BASED ON THE CONSUMER PRICE INDEX, AND TO REQUIRE MEDIATION BEFORE A MEDICAL MALPRACTICE ACTION MAY BE BROUGHT TO TRIAL; TO AMEND TITLE 15, CHAPTER 35 BY ADDING SECTION 15-35-400, TO PROVIDE THAT ANY PARTY IN AN ACTION SEEKING MONETARY DAMAGES MAY FILE AN OFFER OF JUDGMENT WITH THE COURT AND TO PROVIDE CIRCUMSTANCES WHEN THE PERSON MAKING THE OFFER MAY RECOVER CERTAIN COSTS IF THE OFFER IS NOT ACCEPTED BY THE OPPOSING PARTY; TO AMEND SECTION 34-31-20, RELATING TO THE LEGAL RATE OF INTEREST APPLIED TO CIVIL JUDGMENTS, TO SET THE LEGAL RATE OF INTEREST AT THE PRIME RATE PLUS FOUR PERCENT; TO AMEND CHAPTER 79, TITLE 38 BY ADDING SECTION 38-79-40, TO PROVIDE THAT A PERSON WHO SERVES ON THE BOARD OF THE JOINT UNDERWRITING ASSOCIATION OR THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND MAY NOT BE EMPLOYED OR COMPENSATED BY THE JOINT UNDERWRITING ASSOCIATION OR THE PATIENT'S COMPENSATION FUND, TO AMEND SECTION 38-79-460, RELATING TO THE MANAGEMENT OF THE PATIENT'S COMPENSATION FUND, TO PROVIDE THAT THE FUND MUST BE MANAGED BY THE BOARD OF GOVERNORS; TO AMEND SECTION 38-79-470 (1), RELATING TO WITHDRAWING MONIES FROM THE PATIENT'S COMPENSATION FUND, TO DELETE THE PARTICIPATION OF THE COMPTROLLER GENERAL AND STATE TREASURER; AND TO AMEND SECTION 40-47-211, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, TO EXPAND THE MEDICAL DISCIPLINARY COMMISSION FROM THIRTY-SIX TO FORTY-TWO MEMBERS, TO ESTABLISH THAT SIX OF THE COMMISSION MEMBERS MUST BE LAY PERSONS, AND THAT EACH THREE PERSON PANEL OF THE COMMISSION MUST INCLUDE ONE LAY COMMISSIONER.
l:\s-res\shr\004dama.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 37 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 15-36-10 OF THE 1976 CODE, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, TO REQUIRE THE SIGNATURE OF AN ATTORNEY OR PRO SE LITIGANT ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNATURE CONSTITUTES CERTIFICATION THAT THE ACTION IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE FOR SANCTIONS; TO AMEND CHAPTER 36, TITLE 15 BY ADDING SECTION 15-36-100, TO PROVIDE THAT IN ALL ACTIONS ALLEGING PROFESSIONAL NEGLIGENCE, THE PLAINTIFF MUST FILE AN AFFIDAVIT THAT MUST SPECIFY AT LEAST ONE NEGLIGENT ACT OR OMISSION CLAIMED TO EXIST AND THE FACTUAL BASIS FOR EACH CLAIM; AND TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND15-36-50.
l:\s-res\shr\005friv.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 38 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 38, TITLE 15 OF THE 1976 CODE BY ADDING SECTION 15-38-15, TO PROVIDE THAT JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS DETERMINED TO BE LESS THAN TWENTY PERCENT AT FAULT, TO PROVIDE FOR THE METHOD OF CALCULATING EACH DEFENDANT'S PROPORTIONATE SHARE OF DAMAGES, AND TO PROVIDE AN EXCEPTION FOR INTENTIONAL CONDUCT.
l:\s-res\shr\006join.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 39 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 32, TITLE 15 OF THE 1976 CODE, BY ADDING ARTICLE 3 TO PROVIDE FOR THE METHOD OF TRIAL, BURDEN OF PROOF, AND STANDARD OF REVIEW FOR AWARDING PUNITIVE DAMAGES.
l:\s-res\shr\007puni.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 40 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF SUMMARY COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.
l:\s-res\shr\002ligh.mrh.doc

Prefiled and referred to the Committee on Transportation.

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

S. 41 (Word version) -- Senator Richardson: A BILL TO AMEND CHAPTER 11, TITLE 40 OF THE 1976 CODE BY ADDING ARTICLE 3, TO PROVIDE FOR THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE NON-RESIDENTIAL DEFECTS ACT, TO PROVIDE THAT, BEFORE AN ACTION BASED ON A CONSTRUCTION DEFECT MAY PROCEED AGAINST A CONTRACTOR, OR DESIGN PROFESSIONAL, THE CLAIMANT MUST SERVE NOTICE AND ALLOW FOR THE OPPORTUNITY TO CURE THE DEFECT, AND TO ESTABLISH PROCEDURES AND TIME LIMITS FOR FILING AND RESPONDING TO THE CLAIM; AND TO AMEND SECTIONS OF THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DWELLING DEFECTS ACT, TO ESTABLISH TIME LIMITS FOR THE CONTRACTOR TO RESPOND TO THE CLAIM AND WHEN FAILURE TO RESPOND TO THE CLAIM IS CONSIDERED A DENIAL.
l:\s-res\shr\008righ.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 42 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 15-3-640 OF THE 1976 CODE, RELATING TO ACTIONS BASED UPON THE DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO CHANGE THE TIME THAT AN ACTION MAY BE BROUGHT FROM NO MORE THAN THIRTEEN YEARS TO NO MORE THAN SIX YEARS AFTER COMPLETION OF THE IMPROVEMENT AND MAKE CERTAIN OTHER CHANGES.
l:\s-res\shr\009tort.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 43 (Word version) -- Senator Richardson: A BILL TO REPEAL SECTION 58-23-90 OF THE 1976 CODE RELATING TO THE VENUE OF ACTIONS AGAINST LICENSED MOTOR CARRIERS.
l:\s-res\shr\010truc.jlp.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 44 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 15-7-30 OF THE 1976 CODE, RELATING TO ACTIONS THAT MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING A CORPORATION'S PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-7-100, RELATING TO CHANGING THE PLACE OF TRIAL IN A CIVIL ACTION, TO PROVIDE ADDITIONAL CRITERIA FOR THE COURT TO CONSIDER IN DETERMINING WHETHER TO CHANGE THE PLACE OF TRIAL; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION IN A CIVIL ACTION BASED ON CONDUCT, TO DELETE A PROHIBITION AGAINST THE COURT CHANGING THE PLACE OF TRIAL WHEN JURISDICTION IS BASED SOLELY ON THIS SECTION; AND TO REPEAL SECTION 58-23-90.
l:\s-res\shr\011venu.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 45 (Word version) -- Senators Hawkins, Fair, Campsen, Bryant, Hayes and Verdin: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, TO PROVIDE THAT THIS SECTION MAY BE CITED AS THE "SOUTH CAROLINA DEFENSE OF MARRIAGE ACT", TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
l:\s-res\jdh\001scdo.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 46 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
l:\s-res\dlt\001real.mrh.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 47 (Word version) -- Senators Cromer and Elliott: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
l:\s-jud\bills\cromer\jud0008.rwc.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 48 (Word version) -- Senators Short and Elliott: A BILL TO AMEND SECTION 16-23-405, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "WEAPON" AND THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OF OR IN THE FURTHERANCE OF A CRIME, SO AS TO EXPAND THE DEFINITION OF WEAPON TO INCLUDE AN ELECTRO-MUSCULAR DISRUPTION DEVICE.
l:\council\bills\ms\7036ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 49 (Word version) -- Senators Hayes and Elliott: 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.
l:\council\bills\ms\7018ahb05.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 50 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED DURING THE AUGUST SALES TAX HOLIDAY TO BED AND BATH LINENS.
l:\council\bills\ggs\22794htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 51 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.
l:\council\bills\ms\7008sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 52 (Word version) -- Senators Rankin, Elliott and Mescher: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.
l:\s-res\lar\004remo.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 53 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 94 TO TITLE 38, SO AS TO PROVIDE FOR THE PROMPT PAYMENT OF HEALTH CARE PROVIDERS BY AN INSURER, AND TO PROVIDE CIVIL PENALTIES, AND BY ADDING SECTION 38-71-225 SO AS TO PROVIDE THAT A HEALTH INSURER MAY NOT DENY AN INSURANCE CLAIM FOR HEALTH CARE SERVICE TO ANY PROVIDER OF HEALTH CARE SERVICES PROVIDED ON THE SAME DAY UNDER CERTAIN CIRCUMSTANCES.
l:\s-res\lar\005heal.mrh.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 54 (Word version) -- Senators Rankin, Richardson and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-72, TO ESTABLISH THAT THE START DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE MUST NOT BE SET EARLIER THAN AUGUST 25TH OF EACH YEAR AND TO PROVIDE THAT THE SCHOOL END DATE MUST NOT BE SET MORE THAN SEVEN DAYS AFTER THE LAST DAY OF THE PALMETTO ACHIEVEMENT CHALLENGE TEST.
l:\s-res\lar\006scho.mrh.doc

Prefiled and referred to the Committee on Education.

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

S. 55 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE AN ALTERNATE PROCEDURE IN EVEN-NUMBERED YEARS WHEN THE ELECTION TO FILL THE VACANCY FALLS AFTER THE FIRST THURSDAY IN JUNE.
l:\council\bills\dka\3047dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 56 (Word version) -- Senators Sheheen, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, AND SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERMS OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS TITLE AND MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI; PROPOSING AN AMENDMENT TO ARTICLE VI, RELATING TO STATE OFFICERS BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON THE ATTORNEY GENERAL IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
l:\council\bills\bbm\10467sd05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 57 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
l:\council\bills\swb\6181cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 58 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2157 SO AS TO PROVIDE THAT THE DRIVER OF ANY RECREATIONAL VEHICLE IS NOT REQUIRED TO POSSESS A COMMERCIAL DRIVER'S LICENSE.
l:\council\bills\swb\6180cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 59 (Word version) -- Senators Ryberg, Thomas, Gregory, Fair, Mescher, Richardson, Ritchie and Bryant: A BILL TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM TO NEW PARTICIPANTS EFFECTIVE JULY 1, 2005, TO REPEAL EFFECTIVE JULY 1, 2010, ARTICLE 17, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE TERI PROGRAM, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE AMENDED OR REPEALED EXCEPT IN SEPARATE LEGISLATION RECEIVING AN AFFIRMATIVE TWO-THIRDS RECORDED VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY.
l:\council\bills\ggs\22787htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 60 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-85 SO AS TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE; TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY.
l:\council\bills\ggs\22834htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 61 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE FOR THE SERVICE OF TRUSTEES OR MEMBERS OF THE GOVERNING BODY OF "CONSTITUENT INSTITUTIONS", DEFINED AS ALL TWO-YEAR AND FOUR-YEAR COLLEGES AND UNIVERSITIES IN THIS STATE INCLUDING TECHNICAL COLLEGES, TO PROVIDE THAT ON JULY 1, 2005, THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE STATE COMMISSION ON HIGHER EDUCATION AND THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION NOT INCONSISTENT WITH CHAPTER 110 OF TITLE 59 ARE DEVOLVED UPON THE SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARD OF REGENTS AND TO REPEAL SECTION 59-103-10 RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION AND SECTION 59-53-10 RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION ON JULY 1, 2005.
l:\council\bills\bbm\10466sd05.doc

Prefiled and referred to the Committee on Education.

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

S. 62 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RATABLY OVER FIVE YEARS, TO CONFORM THE STATE MEDICAID MONTHLY MAINTENANCE NEEDS ALLOWANCE TO THE MOST CURRENT MAXIMUM AMOUNTS ALLOWED UNDER FEDERAL LAW.
l:\council\bills\nbd\11056ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 63 (Word version) -- Senators Hawkins and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11, CHAPTER 47, TITLE 40 SO AS TO ENACT THE "REGISTERED SURGICAL TECHNOLOGIST AND LICENSED SURGICAL ASSISTANT PRACTICE ACT" TO REQUIRE PERSONS TO BE CERTIFIED NATIONALLY AND REGISTERED UNDER THIS ARTICLE TO PERFORM DUTIES AND PROVIDE SERVICES AS A SURGICAL TECHNOLOGIST AND TO REQUIRE PERSONS TO BE CERTIFIED NATIONALLY AND LICENSED UNDER THIS ARTICLE TO PERFORM DUTIES AND PROVIDE SERVICES AS A SURGICAL ASSISTANT; TO ESTABLISH THE ADVISORY COMMITTEE FOR SURGICAL TECHNOLOGISTS AND SURGICAL ASSISTANTS UNDER THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; AND TO FURTHER PROVIDE FOR THE REGULATION OF SURGICAL TECHNOLOGISTS AND SURGICAL ASSISTANTS.
l:\council\bills\nbd\11053ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 64 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
l:\council\bills\nbd\11058ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 65 (Word version) -- Senators Moore and Elliott: A BILL TO AMEND SECTION 56-5-4140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE GROSS WEIGHT OF VEHICLES AND VEHICLE LOADS THAT TRAVEL ALONG THE STATE'S HIGHWAYS, SO AS TO INCREASE THE OPERATING MILEAGE RADIUS FROM THEIR HOME BASE OF CONCRETE MIXING TRUCKS THAT ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
l:\council\bills\swb\6152cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 66 (Word version) -- Senator Short: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
l:\council\bills\nbd\11016ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 67 (Word version) -- Senators Short and Elliott: 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.
l:\council\bills\bbm\10439mm05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 68 (Word version) -- Senators Short and Mescher: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THE REQUIREMENTS FOR A HOME SCHOOLED STUDENT TO RECEIVE A LIFE SCHOLARSHIP.
l:\council\bills\pt\2195sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 69 (Word version) -- Senators Thomas, McConnell, Cromer, Knotts, Hawkins, Grooms, O'Dell, Fair, Mescher, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES AND USE TAX EQUAL TO TWO PERCENT AND TO REIMBURSE PROPERTY TAXING ENTITIES FOR PROPERTY TAX CREDITS ALLOWED AGAINST PROPERTY TAXES ON MOTOR VEHICLES AND MOTORCYCLES AND OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND CHAPTER 37, TITLE 12 BY ADDING ARTICLE 25 SO AS TO PROVIDE A PROPERTY TAX CREDIT AGAINST PROPERTY TAX FOR OPERATING PURPOSES OTHERWISE DUE ON PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES AND OWNER-OCCUPIED RESIDENTIAL PROPERTY AND PROVIDE THE METHOD OF CALCULATING THE CREDITS AND THE REIMBURSING OF PROPERTY TAXING ENTITIES FOR THE PROPERTY TAX NOT COLLECTED BECAUSE OF THE CREDITS; TO AMEND SECTION 6-1-320, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO REQUIRE ALL INCREASES, INCLUDING ADJUSTMENTS FOR INFLATION, TO BE APPROVED IN A REFERENDUM HELD AT THE TIME OF THE GENERAL ELECTION, AND TO PROVIDE TRANSITIONAL PROVISIONS AND EFFECTIVE DATES.
l:\council\bills\ggs\22828htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 70 (Word version) -- Senators Thomas, Campsen, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-145 SO AS TO PROHIBIT OUTDOOR ADVERTISING SIGNS FOR AN ADULT OR SEXUALLY-ORIENTED BUSINESS FROM BEING LOCATED WITHIN ONE MILE OF A PUBLIC HIGHWAY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO THE DEFINITIONS OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO DECLARATIONS OF PURPOSE REGARDING THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE ADVERSE EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
l:\council\bills\ms\7003ahb05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 71 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 22-3-800, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF A MAGISTRATE TO SUSPEND IMPOSITION OR EXECUTION OF A SENTENCE, SO AS TO INCREASE THE AMOUNT OF COMMUNITY SERVICE A MAGISTRATE MAY IMPOSE OR SUSPEND FROM ONE HUNDRED HOURS TO TWO HUNDRED FIFTY HOURS.
l:\council\bills\ms\7025ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg and Mescher: 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.
l:\council\bills\pt\2191sj05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 73 (Word version) -- Senator Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION SO AS TO PROVIDE THAT BEGINNING ON JANUARY 1, 2008, NO AD VALOREM TAXATION ON ANY REAL PROPERTY IS PERMITTED IN THIS STATE BY ANY LOCAL GOVERNMENT TAXING ENTITY, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW, BEFORE JANUARY 1, 2008, MUST PROVIDE FOR THE FUNDING MECHANISMS THE STATE OR THESE LOCAL GOVERNMENT TAXING ENTITIES MAY USE TO REPLACE THE REVENUE LOST AS A RESULT OF THIS PROHIBITION, AND TO PROVIDE EXCEPTIONS TO THE ABOVE FOR THE PURPOSE OF AVOIDING DEFAULT ON GENERAL OBLIGATION DEBT.
l:\council\bills\ggs\22833htc05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 74 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY LAW ENFORCEMENT, SO AS TO REVISE AND PROVIDE FOR INCREASED PENALTIES, TO PROVIDE THAT SENTENCES MAY NOT BE SUSPENDED AND PROBATION MAY NOT BE GRANTED, TO ELIMINATE THE ABILITY TO EXPUNGE A CONVICTION FOR A FIRST OFFENSE, TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THE SECTION SHALL HAVE HIS LICENSE PERMANENTLY REVOKED, AND TO MAKE CONFORMING CHANGES.
l:\council\bills\ms\7035ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 75 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.
l:\council\bills\gjk\20031sd05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 76 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA FAIR CREDIT-REPORTING ACT, TO PROVIDE THAT UNFAIR METHODS OF REPORTING CREDIT HISTORY AND UNFAIR OR DECEPTIVE ACTS IN THE CONDUCT OF CREDIT REPORTING ARE UNLAWFUL, TO PROVIDE THAT THE FEDERAL FAIR CREDIT REPORTING ACT AS INTERPRETED BY THE FEDERAL TRADE COMMISSION AND FEDERAL COURTS MUST FURNISH GUIDANCE IN CONSTRUING THIS CHAPTER, TO PROVIDE PENALTIES FOR WILFUL AND NEGLIGENT NONCOMPLIANCE WITH THE TERMS OF THIS CHAPTER, TO PROVIDE FOR THE JURISDICTION OF THE STATE COURTS TO HEAR ACTIONS BROUGHT PURSUANT TO THIS CHAPTER, AND TO PROVIDE, WITH EXCEPTIONS, A TWO-YEAR STATUTE OF LIMITATIONS TO SEEK RELIEF PURSUANT TO THIS CHAPTER; AND BY ADDING PART 4 TO CHAPTER 5, TITLE 37 SO AS TO ENACT THE SOUTH CAROLINA CONSUMER CREDIT REPORT RIGHTS ACT AND TO PROVIDE FOR DEFINITIONS, THE RELEASE OF A FREE WRITTEN OR ELECTRONIC DISCLOSURE COPY OF A CONSUMER'S CREDIT REPORT, WRITTEN NOTICE TO A CONSUMER OF HIS RIGHT TO REQUEST A REPORT, A TOLL-FREE TELEPHONE NUMBER FOR A DISCLOSURE REQUEST, AND CIVIL PENALTIES FOR VIOLATIONS AND FOR FAILURE TO CORRECT INACCURACIES IN THE REPORT.
l:\council\bills\ms\7016mm05.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 77 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-37 SO AS TO PROHIBIT AN ELECTOR WHO VOTES IN A PARTISAN PRIMARY ELECTION FROM SIGNING A PETITION FOR A CANDIDATE TO RUN AGAINST THE WINNER OF THE PARTISAN PRIMARY ELECTION.
l:\council\bills\dka\3021dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

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.
l:\council\bills\swb\6183cm05.doc

Prefiled and referred to the Committee on Corrections and Penology.

Read the first time and referred to the Committee on Corrections and Penology.

S. 79 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT" AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.
l:\s-jud\bills\knotts\jud0024.jmk.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Verdin and Alexander: A BILL TO AMEND SECTION 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO NEWLY CREATED AND REORGANIZED STATE AGENCIES; TO AMEND CHAPTER 30, TITLE 1, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE POWER TO ORGANIZE AND REORGANIZE A DEPARTMENT INTO DIVISIONS LIES WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF ITS MANDATE PURSUANT TO ARTICLE XII OF THE SOUTH CAROLINA CONSTITUTION, TO CREATE THE DEPARTMENTS OF ADMINISTRATION AND BEHAVIORAL HEALTH SERVICES, TO RENAME THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, TO ESTABLISH THE DEPARTMENT OF NATURAL RESOURCES AS A CABINET AGENCY GOVERNED BY A DIRECTOR WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE ORGANIZATION, GOVERNANCE, DUTIES, FUNCTIONS, AND PROCEDURES OF VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND REMOVAL OF GOVERNING AUTHORITIES; TO AMEND SECTION 1-11-20, RELATING TO THE DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO DELETE OBSOLETE REFERENCES AND TO REFLECT THE TRANSFER OF THE DIVISION OF GENERAL SERVICES, THE OFFICE OF HUMAN RESOURCES, AND THE OFFICE OF ENERGY FROM THE BOARD TO THE SOUTH CAROLINA DEPARTMENT OF ADMINISTRATION AS PROVIDED IN SECTION 1-30-22, TO ADD SECTIONS 1-11-54 AND 1-11-185, SO AS TO FURTHER PROVIDE FOR THE TRANSFERS, AND ARTICLE 9, CHAPTER 11 OF TITLE 1, SO AS TO CREATE THE COORDINATING COUNCIL FOR CULTURAL AND INFORMATION SERVICES; AND TO AMEND THE FOLLOWING SECTIONS ALL SO AS TO CONFORM THEM TO THE TRANSFERS: 1-1-970; 1-1-1410, AS AMENDED; 1-11-22; 1-11-55; 1-11-56; 1-11-57; 1-11-58; 1-11-65, AS AMENDED; 1-11-70; 1-11-80; 1-11-90; 1-11-100; 1-11-110; 1-11-180; 1-11-220; 1-11-225; 1-11-250 AND 1-11-260, BOTH AS AMENDED; 1-11-270, AS AMENDED; 1-11-280; 1-11-290; 1-11-300, AS AMENDED; 1-11-310, AS AMENDED; 1-11-320; 1-11-335; 1-11-340; 1-11-435; 1-11-710; 1-11-770, AS AMENDED; 2-47-30, 2-47-56; CHAPTER 9, TITLE 3; CHAPTER 9, TITLE 10; 10-1-30; 10-1-130; 10-1-180; 10-1-190; 10-5-230, AS AMENDED; 10-5-270, AS AMENDED; 10-7-10, AS AMENDED; 10-11-50, AS AMENDED; 10-11-90; 10-11-110; 11-9-610, 11-9-620; 11-9-630; 11-11-57; 11-35-1580, AS AMENDED; 11-35-3810, 11-35-3820, 11-35-3830, AND 11-35-3840, ALL AS AMENDED; 11-35-4020, AS AMENDED; 13-7-10, AS AMENDED; 13-7-30, AS AMENDED; 13-7-830, AS AMENDED; 23-1-230; 23-47-30; 23-47-50, AS AMENDED; 44-53-530; 44-96-140; 48-52-410; 48-52-620; 48-52-635; 48-52-680; 48-46-30; 48-46-40; 48-46-50; 48-46-60; 48-46-90; 58-9-2540, AS AMENDED; 59-150-60; AND 59-150-390; AND TO REPEAL SECTIONS 1-11-315, RELATING TO A PLAN FOR USE OF AN ALTERNATIVE FUEL BY STATE VEHICLES; 1-11-430, RELATING TO THE BUDGET AND CONTROL BOARD'S GOVERNING SUPPLY AND USE OF TELECOMMUNICATIONS FOR STATE GOVERNMENT; AND 48-52-435, 48-52-440, AND 48-52-460, ALL RELATING TO ESTABLISHMENT OF AN ENERGY ADVISORY COMMITTEE; BY ADDING ARTICLE 9, CHAPTER 11 OF TITLE 1, SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER IN THE BUDGET AND CONTROL BOARD; TO AMEND THE CODE BY ADDING CHAPTER 8 OF TITLE 1, SO AS TO ESTABLISH THE OFFICE OF THE STATE INSPECTOR GENERAL IN THE DEPARTMENT OF ADMINISTRATION; TO AMEND SECTIONS 20-7-2379, 20-7-2385, AND 20-7-2386, ALL AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SECTIONS 20-7-5210 AND 20-7-5240, RELATING TO THE CHILDREN'S CASE RESOLUTION SYSTEM, AND SECTIONS 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, AS AMENDED, SECTION 43-21-110, AND SECTION 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING, SO AS TO MAKE TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO REFLECT THE ABOVE TRANSFERS TO THE OFFICE OF THE LIEUTENANT GOVERNOR; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING TO THE COORDINATING COUNCIL AND THE LONG-TERM CARE COUNCIL AND ITS DUTIES; TO ESTABLISH THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO ESTABLISH WITHIN THIS DEPARTMENT THE DIVISIONS OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, CONTINUUM OF CARE, AND MENTAL HEALTH BY TRANSFERRING TO THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES THE OPERATIONS OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE OPERATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE GOVERNOR'S OFFICE, AND THE OPERATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND TO TRANSFER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS THE OPERATIONS OF THE BABYNET SERVICES PROGRAM FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO CONFORM THE FOLLOWING TO THIS RESTRUCTURING, BY AMENDING SECTIONS 8-11-945, 9-11-10, 11-11-170, 12-21-2975, 14-1-203, 14-1-204, 14-1-205, 14-1-208, 16-25-20, 16-25-65, 17-24-40, 20-7-670, 20-7-765, 20-7-2725; ARTICLE 23, CHAPTER 7, TITLE 20; SECTIONS 20-7-5710, 20-7-5910, 20-7-8515, 20-7-9710, 24-1-280, 24-3-110; ARTICLE 19, CHAPTER 13, TITLE 24; SECTIONS 24-13-2140, 24-23-40, 40-47-140, 40-55-90, 40-75-290, 40-75-300, 42-1-480, 43-5-1185, 43-5-1190, 43-21-120, 43-35-10, 43-35-310, 44-7-210; ARTICLE 21, CHAPTER 7, TITLE 44; CHAPTER 9, TITLE 44; SECTIONS 44-11-10, 44-11-30, 44-11-60, 44-11-70, 44-11-80; CHAPTER 13, TITLE 44; CHAPTER 15, TITLE 44; BY ADDING SECTION 44-17-305; BY AMENDING SECTIONS 44-17-410, 44-17-450, 44-17-460, 44-17-580, 44-17-860, 44-17-865, 44-17-870, 44-20-20; CHAPTER 22, TITLE 44; CHAPTER 23, TITLE 44; SECTIONS 44-27-10, 44-27-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-36-20, 44-36-330, 44-37-40, 44-38-380, 44-48-30, 44-48-50, 44-48-100, 44-48-110, 44-48-120, 44-48-130; CHAPTER 49, TITLE 44; SECTIONS 44-52-10, 44-52-165, 44-52-200, 44-53-110, 44-53-310, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-107-80, 44-128-50, 50-21-112, 56-1-385, 56-1-1330, 56-5-2990, 56-21-70, 59-20-41, 59-36-20, 59-150-230, 61-12-20, 61-12-50, AND 62-5-105; TO AMEND SECTIONS 9-1-1870, 9-11-315, 11-7-40, 12-54-240, AS AMENDED, 20-7-2640, AS AMENDED, 20-7-9710, AS AMENDED, 38-55-530; 39-29-10, AS AMENDED, 43-5-1280, 43-7-60, 43-7-410, AS AMENDED, 43-7-420, 43-7-430, 43-7-440, AS AMENDED, 43-7-460, AS AMENDED, 44-6-5, 44-6-10, 44-6-45, 44-6-140, 44-6-146, 44-6-170, 44-6-400, 44-6-530, 44-6-620, 44-6-630, 44-6-640, 44-6-720, 44-6-730, 44-7-84, 44-7-90, 44-37-40, 44-38-30, 44-39-20, 44-61-30, 59-1-450, 59-123-60, AS AMENDED, AND 59-123-125, ALL RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CHANGE REFERENCES TO BOTH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE; TO AMEND SECTION 44-6-30, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE, SO AS TO REQUIRE THE DEPARTMENT TO IMPLEMENT AN ELECTRONIC CASE MONITORING SYSTEM; TO ADD SECTION 43-1-270 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE A SPECIFIED NUMBER OF CHILD DEVELOPMENT SERVICES SLOTS IN CERTAIN COUNTIES USING STATE AND TITLE XX FUNDING; TO RENAME CHAPTER 6, TITLE 44 "DEPARTMENT OF HEALTH OVERSIGHT AND FINANCE"; AND TO REPEAL ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES PROVIDED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND CHAPTER 4 OF TITLE 48, AS AMENDED, SECTIONS 48-9-15, 51-17-10, 51-17-50, BOTH AS AMENDED, 51-17-70, 51-17-90, 51-17-130, BOTH AS AMENDED, 51-18-60, 1-5-40, 48-45-80, 48-59-40, 49-23-20, 49-25-40, 50-1-5, 50-3-180, 50-3-720, 50-3-910, 50-3-1120, 50-5-1950, AND 50-11-20, ALL PERTAINING TO THE DEPARTMENT OF NATURAL RESOURCES AND RELATED MATTERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES EFFECTIVE JANUARY 1, 2006, WILL BE AN EXECUTIVE CABINET AGENCY HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE WITH THE CURRENT BOARD OF THE DEPARTMENT TO BECOME ADVISORY; TO AMEND SECTIONS 20-7-2700, 20-7-2710, 20-7-2870, 20-7-2980, 20-7-2990, AND 20-7-3097, ALL AS AMENDED, ALL RELATING TO THE LICENSURE AND REGULATION OF CHILDCARE FACILITIES, SO AS TO REMOVE THE AUTHORITY, DUTIES, AND RESPONSIBILITIES OF SUCH LICENSURE AND REGULATION FROM THE DEPARTMENT OF SOCIAL SERVICES AND TO PLACE THEM WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO AMEND SECTION 20-7-3050, RELATING TO THE DUTIES OF THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES, SO AS TO PROVIDE THAT THE COMMITTEE MAKE RECOMMENDATIONS ABOUT CHANGES IN REGULATIONS TO THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
l:\council\bills\dka\3045sd05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 81 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Elliott, Bryant and Alexander: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO GENERAL ISSUES" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 1, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF PUNITIVE DAMAGES; TO AMEND SECTION 15-36-10, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS, SO AS TO ADOPT THE REASONABLE ATTORNEY STANDARD FOR CIVIL FILINGS BY ALL LITIGANTS; TO AMEND SECTION 34-31-20, RELATING TO POSTJUDGMENT INTEREST, SO AS TO PROVIDE THAT POSTJUDGMENT INTEREST SHALL ACCRUE AT THE PRIME RATE PLUS FOUR PERCENT; TO AMEND CHAPTER 38, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-38-15, SO AS TO ABOLISH JOINT AND SEVERAL LIABILITY IN CERTAIN CASES AND TO ESTABLISH PROCEDURES FOR ALLOCATING FAULT AMONG DEFENDANTS; AND TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50, ALL RELATING TO FRIVOLOUS CIVIL PROCEEDINGS.
l:\s-jud\bills\mcconnell\jud0039.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 82 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Elliott and Alexander: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO VENUE" BY AMENDING SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENUE FOR A CIVIL ACTION, SO AS TO ESTABLISH PROCEDURES FOR DETERMINING THE PROPER VENUE; TO AMEND SECTION 15-7-100, RELATING TO A CHANGE OF VENUE OF A CIVIL ACTION, SO AS TO PROVIDE THAT, WHEN VENUE IS CHANGED AN ACTION IS NOT SUBJECT TO THE PROCEDURES FOR DETERMINING PROPER VENUE; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION OF THE COURTS, SO AS TO REMOVE THE REQUIREMENT THAT JURISDICTION UNDER THIS SECTION PRECLUDES A CHANGE OF VENUE; AND TO REPEAL SECTION 58-23-90, RELATING TO PROPER VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.
l:\s-jud\bills\mcconnell\jud0036.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott and Alexander: 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 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF ANY CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES; TO AMEND CHAPTER 36, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79, SO AS TO PROVIDE FOR MANDATORY MEDIATION AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; TO AMEND ARTICLE 1, CHAPTER 79, TITLE 38, RELATING TO THE JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT MONEY SHALL BE WITHDRAWN FROM THE FUND UPON SIGNATURE OF THE CHAIRMAN OF THE BOARD OF GOVERNORS; AND TO AMEND SECTION 40-47-211, RELATING TO THE BOARD OF MEDICAL EXAMINERS, SO AS TO ALTER THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR LAY MEMBERS.
l:\s-jud\bills\mcconnell\jud0038.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 84 (Word version) -- Senators McConnell, Moore, Ryberg, Elliott and Alexander: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO CONSTRUCTION DEFECTS" BY AMENDING CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR RIGHT TO CURE NON-RESIDENTIAL CONSTRUCTION DEFECTS; TO AMEND SECTION 40-59-820, RELATING TO RESIDENTIAL CONSTRUCTION DEFECTS, SO AS TO DEFINE CERTAIN TERMS; TO AMEND SECTION 40-59-830, RELATING TO RESIDENTIAL CONSTRUCTION DEFECTS, SO AS TO REQUIRE COMPLIANCE WITH RIGHT TO CURE BEFORE FILING A CIVIL ACTION; TO AMEND SECTION 40-59-840, RELATING TO RESIDENTIAL CONSTRUCTION DEFECTS, SO AS TO PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS WHILE RIGHT TO CURE IS IN PROGRESS; TO AMEND SECTION 40-59-850, RELATING TO RESIDENTIAL CONSTRUCTION DEFECTS, SO AS TO PROVIDE PROCEDURES GOVERNING EXERCISE OF RIGHT TO CURE OPTIONS; AND TO AMEND SECTION 15-3-640, RELATING TO STATUTES OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE OPERATIVE TIME IN THE STATUTE OF REPOSE FROM THIRTEEN TO NINE YEARS.
l:\s-jud\bills\mcconnell\jud0031.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 85 (Word version) -- Senators McConnell, Moore, Elliott and Alexander: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON ABUSED OR NEGLECTED A CHILD PURSUANT TO SECTION 20-7-490 AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.
l:\s-jud\bills\mcconnell\jud0034.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 86 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO ADD THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO MEAT PRODUCING FOWL, COMMERCIAL EGG LAYING FOWL, OR FOWL THAT IS INDIGENOUS TO THE STATE USED FOR GAME OR SPORT.
l:\s-jud\bills\mcconnell\jud0023.gfm.doc

Prefiled and referred to the Committee on Agriculture and Natural Resources.

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

S. 87 (Word version) -- Senators McConnell, Hayes, Bryant, Verdin and Alexander: A BILL TO AMEND SECTION 14-7-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF JURY PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE AND TO ADD TO THE LIST OF SPECIFIC OFFENSES FOR WHICH THE DEFENDANT AND THE STATE ARE ENTITLED TO TEN CHALLENGES; TO AMEND SECTION 14-7-1120, RELATING TO THE NUMBER OF ALTERNATE JURY PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOCATED TO DEFENDANTS AND THE STATE; TO AMEND ARTICLE 9 OF TITLE 14, BY ADDING SECTION 14-7-1122, SO AS TO PROVIDE FOR WRITTEN, PRE-IMPANELING JURY VIOR DIRE TO BE CONDUCTED PURSUANT TO RULES PROMULGATED BY THE SUPREME COURT; AND TO AMEND CHAPTER 7 OF TITLE 14 BY ADDING SECTION 14-7-1125 SO AS TO PROVIDE THAT IN EVERY CRIMINAL COURT OF RECORD, A GOVERNMENTAL AGENCY WHO HAS OBTAINED SPECIALIZED JUROR INFORMATION MUST GIVE THAT INFORMATION AT NO COST TO THE OPPOSING PARTY.
l:\s-jud\bills\mcconnell\jud0033.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 88 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE ISSUANCE OF A CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY AND TO PROVIDE A DEFINITION FOR CONTIGUITY.
l:\s-jud\bills\mcconnell\jud0025.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 89 (Word version) -- Senators McConnell, Moore, Knotts, Campsen, Hayes, Elliott and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGE, SO AS TO DEFINE THAT A VALID MARRIAGE IS BETWEEN ONE MAN AND ONE WOMAN ONLY AND TO PROVIDE THAT NO OTHER DOMESTIC UNION, HOWEVER DENOMINATED, MAY BE RECOGNIZED AS A MARRIAGE OR GIVEN THE SAME OR SUBSTANTIALLY EQUIVALENT LEGAL EFFECT.
l:\s-jud\bills\mcconnell\jud0040.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 90 (Word version) -- Senators McConnell, Moore, Knotts, Campsen, Hayes, Elliott and Alexander: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SAME SEX MARRIAGES, TO PROVIDE THAT SAME SEX MARRIAGES IN SOUTH CAROLINA HAVE NO LEGAL FORCE OR EFFECT; TO PROVIDE THAT SAME SEX MARRIAGES ENTERED INTO IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL SAME SEX RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL SAME SEX RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE; TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL SAME SEX RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO PROVIDE THAT THE KNOWING ISSUANCE OF A MARRIAGE LICENSE TO SAME SEX COUPLES IS A MISDEMEANOR OFFENSE PUNISHABLE BY UP TO A ONE HUNDRED DOLLAR FINE AND THIRTY DAYS IMPRISONMENT, OR BOTH.
l:\s-jud\bills\mcconnell\jud0041.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOUR YEARS LATER.
l:\s-jud\bills\mcconnell\jud0037.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 92 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND CHAPTER 1, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-110, SO AS TO PROVIDE THAT A STATE OR LOCAL GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER HIGHWAY RIGHTS-OF-WAY IS PROHIBITED FROM REMOVING ANY SIGNS BEARING POLITICAL MESSAGES RELATING TO AN ELECTION, PRIMARY, OR REFERENDUM FROM A HIGHWAY RIGHT-OF-WAY IN THE FOURTEEN-DAY PERIOD PRECEDING THE ELECTION OR ON ELECTION DAY.
l:\s-jud\bills\mcconnell\jud0029.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 93 (Word version) -- Senators McConnell, Moore and Knotts: A BILL TO AMEND ARTICLE 17, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
l:\s-jud\bills\mcconnell\jud0035.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 94 (Word version) -- Senators McConnell, Moore and Elliott: A BILL TO AMEND CHAPTER 25, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-67 SO AS TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 20-7-490, RELATING TO THE DEFINITION OF CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE IN THE DEFINITION THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD.
l:\s-jud\bills\mcconnell\jud0021.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-401, RELATING TO THE POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT A CONFLICT BETWEEN THE PROVISIONS OF PART 4, CHAPTER 6, TITLE 37 AND THE ADMINISTRATIVE PROCEDURES ACT MUST BE RESOLVED IN FAVOR OF THE LATTER; TO AMEND SECTION 37-6-414, RELATING TO JUDICIAL REVIEW OF CASES, SO AS TO PROVIDE THAT A PERSON WHO HAS EXHAUSTED ADMINISTRATIVE REMEDIES BEFORE THE ADMINISTRATOR AND WHO IS AGGRIEVED IS ENTITLED TO BRING A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-11-100, RELATING TO LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-16-70, RELATING TO PREPAID LEGAL SERVICES, SO AS TO PROVIDE FOR NOTICE AND OPPORTUNITY FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT BY A PREPAID LEGAL SERVICES COMPANY FOR A VIOLATION OF THE PROVISIONS OF THE CHAPTER, TO PROVIDE THAT THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS MAY ISSUE AN ORDER REQUIRING THE CLUB REPRESENTATIVE TO CEASE AND DESIST FROM THE VIOLATION, AND TO PROVIDE THAT THE CLUB REPRESENTATIVE MAY REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 39-61-100 AND 39-61-130, BOTH RELATING TO MOTOR CLUB SERVICES, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 40-39-150, RELATING TO PAWNBROKERS, SECTIONS 40-58-55, 40-58-80, AND 40-58-90, AS AMENDED, ALL RELATING TO MORTGAGE LOAN BROKERS, SECTION 40-68-160, RELATING TO REGULATION OF STAFF LEASING SERVICES, SECTION 44-79-80, RELATING TO PHYSICAL FITNESS SERVICES, SECTION 56-28-110, RELATING TO NOTIFICATION OF SUBSEQUENT PURCHASERS OF A REPURCHASED MOTOR VEHICLE, AND SECTIONS 59-102-70 AND 59-102-170, AS AMENDED, RELATING TO REGISTRATION OF ATHLETE AGENTS, ALL SO AS TO PROVIDE A PROCEDURE FOR A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE PROCEDURES ACT AND THE RULES GOVERNING PRACTICE BEFORE THE ADMINISTRATIVE LAW COURT; AND TO REPEAL SECTIONS 37-6-415 AND 37-11-110, RELATING TO APPEALS OF DECISIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS.
l:\s-jud\bills\mcconnell\jud0028.gfm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 96 (Word version) -- Senators Courson, Elliott and Verdin: A BILL TO AMEND SECTION 43-21-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE GOVERNOR'S OFFICE, SO AS TO PLACE THIS DIVISION IN THE OFFICE OF THE LIEUTENANT GOVERNOR AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, ALL AS AMENDED, SECTION 43-21-110, AND 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING AND THE ADVISORY COUNCIL, SO AS TO MAKE TECHNICAL CORRECTIONS TO CONFORM PROVISIONS TO AMENDMENTS SET FORTH IN THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING, RESPECTIVELY, TO THE COORDINATING COUNCIL AND THE LONG TERM CARE COUNCIL AND ITS DUTIES.
l:\council\bills\nbd\11049ac05.doc

Prefiled and referred to the General Committee.

Read the first time and referred to the General Committee.

S. 97 (Word version) -- Senators Land and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.
l:\council\bills\ggs\22814htc05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 98 (Word version) -- Senators Reese, Martin, Knotts, Alexander and Mescher: 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.
l:\council\bills\pt\2206sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 99 (Word version) -- Senators Richardson and Knotts: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
l:\council\bills\gjk\20043sd05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 100 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS Of SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280 SO AS TO PROVIDE DIFFERENT SALARY SUPPLEMENTS FOR TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, PROVIDE FOR LOANS TO TEACHERS FOR THE NATIONAL BOARD CERTIFICATION APPLICATION FEE, PROVIDE FOR FORGIVENESS OF THE LOANS PURSUANT TO CERTAIN CONDITIONS, AND PROVIDE FOR THE APPROPRIATION OF FUNDS; BY ADDING SECTION 59-25-290 SO AS TO PROVIDE FOR THE CREATION OF A COMMISSION TO DETERMINE NECESSARY CHANGES TO THE SALARY SCHEDULE FOR TEACHERS AND PROVIDE ITS COMPOSITION; AND TO AMEND SECTION 59-18-1530, RELATING TO TEACHER SPECIALISTS, SO AS TO PROVIDE GUIDANCE IN THE CALCULATION OF COMPENSATION FOR TEACHER SPECIALISTS.
l:\council\bills\pt\2222sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 101 (Word version) -- Senators Richardson and Elliott: A BILL TO AMEND CHAPTER 28, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 IMPOSING A PETROLEUM FRANCHISE FEE AND PROVIDING FOR THE USE OF THE FEE REVENUES, AND TO AMEND CHAPTER 11 OF TITLE 57, BY ADDING ARTICLE 5 AUTHORIZING THE ISSUE OF HIGHWAY REVENUE BONDS PLEDGING THE REVENUES OF THE PETROLEUM FRANCHISE FEE IMPOSED PURSUANT TO THIS ACT.
l:\council\bills\ggs\22838htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin and Mescher: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
l:\council\bills\swb\6188cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40 CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
l:\council\bills\nbd\11085ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 104 (Word version) -- Senators Hawkins, Knotts, Campsen, Hayes, Verdin and Alexander: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
l:\council\bills\nbd\11013dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 105 (Word version) -- Senators Ryberg and Elliott: A BILL TO REPEAL SECTION 56-1-475, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO A PERSON'S AUTHORITY TO OPERATE A MOTOR VEHICLE WHEN HE POSSESSES A VALID OUT-OF-STATE LICENSE ONCE THE PERIOD OF SUSPENSION OF HIS SOUTH CAROLINA DRIVER'S LICENSE HAS EXPIRED.
l:\council\bills\bbm\10477cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\swb\6184cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 107 (Word version) -- Senators Thomas and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
l:\council\bills\pt\2218sj05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 108 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR THEFT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND WITHIN NINETY DAYS OF RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.
l:\council\bills\nbd\11064ac05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 109 (Word version) -- Senators Fair and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
l:\council\bills\ggs\22852htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 110 (Word version) -- Senators Fair, Knotts, Ryberg and Bryant: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROVIDE THAT A MUNICIPALITY REQUIRING A CONTRACT BEFORE SERVICES ARE PROVIDED TO A NONRESIDENT MUST PROVIDE THE SERVICE TO THE NONRESIDENT AT THE SAME RATE CHARGED TO A RESIDENT OF THE MUNICIPALITY.
l:\council\bills\dka\3030dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 111 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
l:\council\bills\gjk\20022sd05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 112 (Word version) -- Senators Fair, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR THE PROVIDER OF CELLULAR TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT TO CHARGE A REACTIVATION FEE WHEN A CELLULAR PHONE IS LOST, DAMAGED, OR DESTROYED, OR TO OTHERWISE BE UNJUSTLY ENRICHED IN CONNECTION WITH A TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT CONTRACT, AND TO DEFINE "UNJUST ENRICHMENT" FOR THIS PURPOSE.
l:\council\bills\bbm\10484mm05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 113 (Word version) -- Senators Verdin, Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.
l:\council\bills\swb\6185cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 114 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION; BY ADDING SECTION 59-18-705 SO AS TO CREATE THE SOUTH CAROLINA SCIENCE COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO REPEAL SECTION 59-31-45, RELATING TO THE SELECTION OF TEXTBOOKS.
l:\council\bills\pt\2209sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 115 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "MEDICAL NEGLIGENCE FAIRNESS ACT OF 2005"; BY ADDING ARTICLE 1, CHAPTER 32 TO TITLE 15 SO AS TO PROVIDE FOR LIMITATIONS ON NONECONOMIC DAMAGES IN A MEDICAL MALPRACTICE ACTION AND TO DEFINE THE TERMS "HEALTH CARE PROVIDER", "HEALTH CARE INSTITUTION", AND "MEDICAL MALPRACTICE"; BY ADDING SECTION 15-35-400 TO PROVIDE FOR PROCEDURES BY WHICH A PARTY MAY MAKE AN OFFER OF JUDGMENT IN A DOMESTIC OR CIVIL ACTION AND TO PROVIDE FOR CONSEQUENCES OF NON-ACCEPTANCE; BY ADDING SECTION 15-36-100 SO AS TO ESTABLISH THE REQUIREMENT FOR AN AFFIDAVIT OF AN EXPERT WITNESS IN A PROFESSIONAL MALPRACTICE ACTION; BY ADDING SECTION 15-80-510 SO AS TO REQUIRE THE PARTIES TO A MEDICAL MALPRACTICE ACTION TO PARTICIPATE IN MEDIATION BEFORE THE ACTION IS BROUGHT TO TRIAL; BY ADDING SECTION 38-79-40 SO AS TO PROHIBIT A PERSON WHO SERVES ON THE BOARD OF THE JOINT UNDERWRITING ASSOCIATION OR THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND FROM BEING EMPLOYED BY THE JOINT UNDERWRITING ASSOCIATION OR PATIENTS' COMPENSATION FUND; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE FUND BE HELD IN TRUST AND PROVIDE IT IS TO BE MANAGED BY THE BOARD ACCORDING TO ITS PLAN OF OPERATION; TO AMEND SECTION 38-79-470 RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT MONIES FROM THE FUND CAN ONLY BE WITHDRAWN UPON WRITTEN WARRANTS OF THE COMPTROLLER GENERAL; AND TO AMEND SECTION 40-47-211, AS AMENDED, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM THIRTY-SIX TO FORTY-TWO MEMBERS AND CHANGE THE MAKEUP OF THE COMMISSION.
l:\council\bills\ms\7075ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 116 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-7-15 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY INSURE BUILDINGS LOCATED ON PROPERTY ON OR OFF CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING OF THIS STATE WHICH ARE NOT OWNED BY THE INSTITUTION BUT IN WHICH THE INSTITUTION HAS AN "INSURABLE INTEREST" AS DETERMINED BY THE BOARD; AND TO PROVIDE THAT A WRITTEN CONTRACT NOT CONSIDERED A LEASE UNDER WHICH THE INSTITUTION ACTS AS A PROPERTY MANAGER FOR THE BUILDING OWNER FOR A SPECIFIED TERM AT THE END OF WHICH LEGAL TITLE TO THE BUILDING WILL PASS TO THE INSTITUTION CONSTITUTES AN "INSURABLE INTEREST" ON THE PART OF THE INSTITUTION FOR PURPOSES OF THE REQUIREMENTS OF THIS SECTION.
l:\council\bills\gjk\20001sd05.doc

Prefiled and referred to the Committee on Finance.

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

S. 117 (Word version) -- Senator Ritchie: 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.
l:\council\bills\bbm\10472mm05.doc

Prefiled and referred to the Committee on Finance.

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

S. 118 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-15 SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON TO OWN, POSSESS, OR USE AN OBJECT OR ITEM OF TANGIBLE PERSONAL PROPERTY FOR A LAWFUL PURPOSE UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP, DISTRIBUTE, OR SELL THE OBJECT OR ITEM, AND TO PROVIDE THAT A PERSON MAY NOT BE CONVICTED OF A CRIMINAL OFFENSE BASED SOLELY UPON OWNERSHIP OR POSSESSION OF AN ITEM OF TANGIBLE PERSONAL PROPERTY UNLESS IT IS UNLAWFUL TO GROW, PRODUCE, MANUFACTURE, PACKAGE, SHIP, DISTRIBUTE, SELL, USE, OR CONSUME THE ITEM FOR ITS INTENDED PURPOSE.
l:\council\bills\ms\7072ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 119 (Word version) -- Senators Ritchie and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT.
l:\council\bills\ggs\22837htc05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 120 (Word version) -- Senators Ritchie and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO EXEMPT FROM THE STATE EMPLOYEE PROCEDURE ACT STATE EMPLOYEES WHO REPORT DIRECTLY TO AN AGENCY HEAD OR CONSTITUTIONAL OFFICER, AND STATE EMPLOYEES WHO REPORT DIRECTLY TO THIS FIRST CATEGORY OF EMPLOYEES, TO EXEMPT ALL STATE EMPLOYEES WHO RECEIVE ANNUALIZED COMPENSATION OF AT LEAST FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THESE EXEMPTIONS DO NOT APPLY TO TEACHING AND RESEARCH FACULTY AT A FOUR-YEAR POST-SECONDARY EDUCATIONAL INSTITUTION, AND TO GIVE THESE NEW EXEMPTIONS PROSPECTIVE EFFECT.
l:\council\bills\ggs\22836htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 121 (Word version) -- Senators Ritchie, Knotts and Alexander: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
l:\council\bills\ms\7071ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 122 (Word version) -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT; TO AMEND SECTION 59-18-300, RELATING TO EDUCATIONAL STANDARDS AND CORE ACADEMIC AREAS, SO AS TO EXPAND THE EDUCATIONAL STANDARDS AND CORE ACADEMIC AREAS TO INCLUDE CERTAIN BASIC TASKS REQUIRED TO FUNCTION INDEPENDENTLY AS AN ADULT; TO AMEND SECTIONS 59-18-310, 59-18-320, 59-30-10, 59-48-35, AND 59-139-60, ALL RELATING TO THE HIGH SCHOOL EXIT EXAM, SO AS TO DELETE THE PORTIONS RELATING TO THE EXIT EXAM; TO REPEAL SECTIONS 59-30-11 AND 59-30-15 BOTH RELATING TO THE HIGH SCHOOL EXIT EXAM; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
l:\council\bills\pt\2220sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 123 (Word version) -- Senator Short: A BILL TO AMEND SECTIONS 59-18-310, 59-18-320, 59-30-10, 59-48-35, AND 59-139-60, ALL RELATING TO THE HIGH SCHOOL EXIT EXAM, SO AS TO DELETE THE PORTIONS RELATING TO THE EXIT EXAM; AND TO REPEAL SECTIONS 59-30-11 AND 59-30-15 BOTH RELATING TO THE HIGH SCHOOL EXIT EXAM.
l:\council\bills\pt\2214sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 124 (Word version) -- Senator Short: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURSES IN PHYSICAL EDUCATION, TO PROVIDE IN ACCORDANCE WITH ADOPTED SOUTH CAROLINA PHYSICAL EDUCATION CURRICULUM STANDARDS, STUDENTS IN PRE-KINDERGARTEN THROUGH FIFTH GRADE MUST BE PROVIDED A MINIMUM OF ONE HUNDRED FIFTY MINUTES A WEEK OF PHYSICAL EDUCATION.
l:\council\bills\pt\2221sj05.doc

Prefiled and referred to the Committee on Education.

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

S. 125 (Word version) -- Senators Moore and Elliott: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, RELATED TO REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS, SO AS TO PROVIDE THAT CARDIOVASCULAR INVASIVE SPECIALISTS REGISTERED BY CARDIOVASCULAR CREDENTIALING INTERNATIONAL MAY PERFORM BASELINE PATIENT ASSESSMENT, EVALUATE PATIENT RESPONSE TO DIAGNOSTIC OR INTERVENTIONAL MANEUVERS AND MEDICATIONS DURING CARDIAC CATHETERIZATION LABORATORY PROCEDURES, PROVIDE PATIENT CARE AND DRUG ADMINISTRATION COMMONLY USED IN THE CARDIAC CATHETERIZATION LABORATORY UNDER THE DIRECTION OF A QUALIFIED PHYSICIAN, ACT AS THE FIRST ASSISTANT DURING DIAGNOSTIC AND THERAPEUTIC CATHETERIZATION PROCEDURES, AND ASSIST IN ADVANCED CARDIAC LIFE SUPPORT PROCEDURES WHEN ACTING UNDER THE SUPERVISION OF A CARDIOLOGIST; TO PROVIDE THAT THE CARDIOVASCULAR INVASIVE SPECIALIST MAY NOT PRESCRIBE DRUGS; TO PROVIDE FOR THE PROPER IDENTIFICATION OF CARDIOVASCULAR INVASIVE SPECIALISTS; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THIS ARTICLE.
l:\council\bills\nbd\11065ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 126 (Word version) -- Senators Mescher and Knotts: A BILL TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXATION TO PROVIDE VOLUNTEER STATE CONSTABLES A DEDUCTION IN COMPUTING STATE TAXABLE INCOME.
l:\s-res\wcm\004cons.mrh.doc

Prefiled and referred to the Committee on Finance.

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

S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
l:\s-jud\bills\martin\jud0002.lam.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 128 (Word version) -- Senators Malloy, Knotts and Elliott: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, SO AS TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.
l:\s-jud\bills\malloy\jud0044.gm.doc

Prefiled and referred to the Committee on Education.

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

S. 129 (Word version) -- Senator Jackson: A BILL TO ADD ARTICLE 3 TO CHAPTER 31, TITLE 27 OF THE 1976 CODE, TO PROVIDE FOR GOVERNANCE OF A HOMEOWNERS' ASSOCIATION, INCLUDING PROVISIONS FOR ADOPTING OR CHANGING AN OPERATING RULE, PROCEDURAL FAIRNESS IN THE OPERATION OF THE ASSOCIATION'S PROPERTY AND AFFAIRS, FILING OF GOVERNING DOCUMENTS WITH THE SECRETARY OF STATE, REVIEW BY THE SECRETARY OF STATE OF GOVERNING DOCUMENTS FOR COMPLIANCE AND NOTICE OF NONCOMPLIANCE TO HOMEOWNERS AND THE DEPARTMENT OF CONSUMER AFFAIRS, RECOGNITION OF THE DETERMINATION AS EVIDENCE PER SE OF NONCOMPLIANCE IN AN ENFORCEMENT ACTION, ENFORCEMENT OF COMPLIANCE BY THE DEPARTMENT THROUGH FINES AND INJUNCTIONS, AND A CAUSE OF ACTION AGAINST THE BOARD OF DIRECTORS OF A HOMEOWNERS' ASSOCIATION FOR BREACH OF ITS FIDUCIARY DUTY TO THE ASSOCIATION FOR NONCOMPLIANCE WITH THIS ARTICLE.
l:\s-res\dj\001home.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 130 (Word version) -- Senators Leatherman, Campsen, Ryberg and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON.
l:\s-res\hkl\010educ.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 131 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES, STANDARDS, AND PROCEDURES, TO PROVIDE THAT MODIFICATIONS PROMULGATED BY THE SOUTH CAROLINA BUILDING CODES COUNCIL DO NOT REQUIRE READOPTION OF SUBSEQUENT EDITIONS OF THE BUILDING CODES AND A PROCEDURE FOR RECONSIDERATION OF THOSE MODIFICATIONS.
l:\s-res\hkl\011bldg.kmm.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 132 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225, TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES AND DEMONSTRATOR VEHICLES AND PROVIDE FOR RELATED MATTERS.
l:\s-res\hkl\009mvin.mrh.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 133 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 1-23-110(C) OF THE 1976 CODE, RELATING TO THE PROCEDURES FOR PUBLICATION OF A PROPOSED REGULATION, TO PROVIDE THAT REGULATIONS WITH SUBSTANTIVE CHANGES NOT SUBJECT TO PUBLIC COMMENT MUST NOT BE SUBMITTED TO THE GENERAL ASSEMBLY; TO AMEND SECTION 1-23-110, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, TO PROVIDE THAT PROPOSED REGULATIONS AMENDING REGULATIONS MUST CLEARLY IDENTIFY THE PROPOSED CHANGES AND TO PROVIDE THAT PROPOSED REGULATIONS THAT DO NOT RECEIVE APPROVAL BY THE END OF THE SECOND YEAR OF A LEGISLATIVE SESSION ARE CONSIDERED WITHDRAWN; AND TO ADD SECTION 1-23-121, TO PROVIDE THAT NO FEE OR FINE MAY BE ESTABLISHED, MODIFIED, OR INCREASED UNLESS AUTHORIZED BY LAW OR AUTHORIZED THROUGH REGULATION PROMULGATED WITHIN AN AGENCY'S GRANT OF STATUTORY AUTHORITY.
l:\s-res\hkl\008regu.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 134 (Word version) -- Senators Gregory and Alexander: A BILL TO AMEND SECTION 16-3-20 OF THE 1976 CODE, BY ADDING ARSON TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
l:\s-res\ckg\001arso.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 135 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
l:\s-res\ckg\002cons.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 136 (Word version) -- Senators Gregory, Elliott and Mescher: A BILL TO AMEND SECTION 15-3-640 OF THE 1976 CODE, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
l:\s-res\ckg\003repo.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
l:\s-res\rwh\001dfcu.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
l:\s-res\rwh\002atvr.kmm.doc

Prefiled and referred to the Committee on Transportation.

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

S. 139 (Word version) -- Senator Hayes: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
l:\s-res\rwh\003uccj.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
l:\s-res\rwh\005reha.mrh.doc

Prefiled and referred to the Committee on Finance.

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

S. 141 (Word version) -- Senators Hayes, Knotts and Elliott: A BILL TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.
l:\s-res\rwh\006name.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
l:\s-res\rwh\007anes.mrh.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 143 (Word version) -- Senators Mescher, Knotts and Elliott: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT A PERSON WHO HAS SERVED AS A STATE CONSTABLE FOR AT LEAST TEN YEARS MEETS THE TRAINING AND EXPERIENCE QUALIFICATIONS FOR THE OFFICE OF SHERIFF.
l:\s-res\wcm\001stat.jlp.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 144 (Word version) -- Senator Mescher: 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 REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO AMEND SECTION 15-78-60; BY PROVIDING IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
l:\s-res\wcm\002prel.jlp.doc

Prefiled and referred to the Committee on Education.

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

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
l:\s-res\wcm\003catf.mrh.doc

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 146 (Word version) -- Senators Campsen and Knotts: A SENATE RESOLUTION EXPRESSING THE SENSE OF THE SENATE THAT NO PERMANENT LAW SHOULD BE INCLUDED IN THE GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2005-2006, WHEN THE BILL IS UNDER CONSIDERATION IN THE SENATE.
l:\council\bills\ggs\22848htc05.doc

Prefiled and referred to the Committee on Finance.

The Senate Resolution was introduced and referred to the Committee on Finance.

S. 147 (Word version) -- Senator Campsen: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DOES NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.
l:\council\bills\ggs\22850htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 148 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.
l:\council\bills\ggs\22849htc05.doc

Prefiled and referred to the Committee on Education.

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

S. 149 (Word version) -- Senators Campsen, Knotts and Bryant: A BILL TO AMEND CHAPTER 17, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEAT AND MEAT FOOD, BY ADDING SECTION 47-17-75, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A PERSON OR FACILITY THAT MAY LAWFULLY DRESS, PROCESS, PACKAGE, AND RETURN VENISON OF A DEER FRESHLY KILLED WHILE HUNTING TO THE OWNER FOR PERSONAL CONSUMPTION MAY ALSO DRESS, PROCESS, AND PACKAGE PORK FROM A PIG, HOG, OR BOAR FRESHLY KILLED WHILE HUNTING TO THE OWNER FOR PERSONAL CONSUMPTION.
l:\council\bills\nbd\11081ac05.doc

Prefiled and referred to the Committee on Agriculture and Natural Resources.

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

S. 150 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO THE PUBLIC; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT.
l:\council\bills\nbd\11083ac05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 151 (Word version) -- Senator Campsen: A BILL TO ENACT THE "HOME INVASION PROTECTION ACT OF 2005" INCLUDING PROVISIONS TO AMEND ARTICLE 5, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF BURGLARY, HOUSEBREAKING, AND ROBBERY, BY ADDING SECTION 16-11-400 SO AS TO PROVIDE FOR THE OFFENSES OF HOME INVASION IN THE FIRST, SECOND, AND THIRD DEGREES WHICH MAKE IT UNLAWFUL FOR A PERSON TO ENTER A DWELLING WITHOUT CONSENT AND WITH THE INTENT TO COMMIT A FELONY, LARCENY, OR ASSAULT WHILE ARMED WITH A DANGEROUS WEAPON AND WHILE ANOTHER PERSON IS LAWFULLY PRESENT IN THE DWELLING, AND TO PROVIDE PENALTIES FOR A VIOLATION; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION, FIRST AND SECOND DEGREE; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION IN THE FIRST DEGREE.
l:\council\bills\ms\7078ahb05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 152 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO REQUIRE A PHARMACIST TO ONLY CHARGE MEDICAID PRESCRIPTION RATES, PLUS A DISPENSING FEE, WHEN FILLING PRESCRIPTIONS FOR PERSONS RECEIVING MEDICARE BENEFITS.
l:\council\bills\nbd\11067ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 153 (Word version) -- Senator Elliott: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD, TO PROVIDE THAT, IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL, TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND REGULATIONS, AND TO DELETE PROVISIONS REQUIRING A REGULATION TO BE REFILED FOR REVIEW AS A NEW REGULATION IF A SUBSTANTIVE CHANGE WAS MADE AFTER THE REGULATION WAS PROPOSED.
l:\council\bills\nbd\11070ac05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 154 (Word version) -- Senator Elliott: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD, AND TO PROVIDE THAT, IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
l:\council\bills\nbd\11069ac05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 155 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 9-9-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVIVOR BENEFIT OPTION ELECTION FOR RETIRING MEMBERS OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM (GARS), SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A DECEASED MEMBER OF THE GENERAL ASSEMBLY WHO HAD AT LEAST TEN YEARS' CREDITED SERVICE IN GARS AND WHO ELECTED THE MAXIMUM BENEFIT MAY RECEIVE A SURVIVOR BENEFIT EQUIVALENT TO THE OPTION 2 SURVIVOR ELECTION UPON A LUMP-SUM PAYMENT TO THE SYSTEM OF AN AMOUNT SUFFICIENT TO OFFSET THE ACTUARIAL COST OF THE BENEFIT.
l:\council\bills\ggs\22845htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 156 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS.
l:\council\bills\ggs\22844htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 157 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
l:\council\bills\ggs\22843htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 158 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FIVE PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2009, AND TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD.
l:\council\bills\ggs\22842htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 159 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1525 SO AS TO PROVIDE THAT, IF JOINT CUSTODY OF A CHILD IS ORDERED BY THE COURT, THE CHILD HAS A LEGAL RESIDENCE WITH EACH PARENT AND TO PROHIBIT EITHER PARENT FROM CHANGING THE CHILD'S LEGAL RESIDENCE TO A LOCATION MORE THAN ONE HUNDRED MILES FROM THE CHILD'S LEGAL RESIDENCE WITH THE OTHER PARENT, TO AUTHORIZE THE COURT TO ALLOW A CHANGE IN THE CHILD'S LEGAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE EXCEPTIONS.
l:\council\bills\nbd\11068ac05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 160 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE AND A SIX HOUR BOARD APPROVED HAIR BRAIDING COURSE; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
l:\council\bills\nbd\11066ac05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.
l:\council\bills\pt\2210sj05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 162 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE OF HANDICAPPED PARKING DISPLAY PLACARDS TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A DISABLED OR HANDICAPPED PERSON OR TO A HANDICAPPED PERSON, SO AS TO PROVIDE THAT HANDICAPPED PARKING DISPLAY PLACARDS ALSO MAY BE ISSUED TO A PRIVATE INDIVIDUAL WHO TRANSPORTS A DISABLED OR HANDICAPPED PERSON.
l:\council\bills\bbm\10479cm05.doc

Prefiled and referred to the Committee on Transportation.

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

S. 163 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 16-3-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "HARASSMENT" AND "STALKING", SO AS TO REVISE THE DEFINITIONS OF HARASSMENT AND STALKING, DEFINE "CYBERSTALKING", "ELECTRONIC COMMUNICATION", AND "ELECTRONIC MAIL"; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
l:\council\bills\bbm\10478cm05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 164 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EDUCATIONAL SERVICE" FOR PURPOSES OF ESTABLISHING SERVICE CREDIT PAID SERVICE AS A CLASSROOM TEACHER IN A PRIVATE COLLEGE OR UNIVERSITY.
l:\council\bills\ggs\22841htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 165 (Word version) -- Senators Elliott, Hayes and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTION 6-27-40 RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2001-2002; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTIONS 61-6-1600 AND 61-6-1610, RELATING TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, BOTH SO AS TO DELETE THE AUTHORIZATION TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2000 AND 61-6-2005, BOTH RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010 RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, RELATING TO THE DISBURSEMENT OF REVENUE FOR EDUCATION PROGRAMS ABOUT ALCOHOLIC LIQUORS AND REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS, SO AS TO CONFORM A STATUTORY REFERENCE; AND TO PROVIDE THAT ALL STATUTES AND REGULATIONS CONCERNING MINIBOTTLE LICENSES OR PERMITS APPLY TO THE LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS BY THE DRINK AND TO PROVIDE THAT MINIBOTTLE LICENSES OR PERMITS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE DEEMED TO BE PERMITS FOR ALCOHOLIC LIQUOR BY THE DRINK AFTER THE EFFECTIVE DATE OF THIS ACT; TO REPEAL SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.
l:\s-res\rwh\004minb.kmm.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 166 (Word version) -- Senator Elliott: A BILL TO AMEND CHAPTER 5, TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-72, TO ESTABLISH A UNIFORM START DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THE STATE THAT IS NO EARLIER THAN THE FIRST TUESDAY AFTER LABOR DAY.
l:\s-res\de\001scho.mrh.doc

Prefiled and referred to the Committee on Education.

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

S. 167 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO REQUIRE ALL STATE, COUNTY, MUNICIPAL, LOCAL, AND OTHER GOVERNMENTAL ENTITIES WHICH ADMINISTER LAND USE REGULATIONS TO ADOPT REGULATIONS AND INTERNAL PROCEDURES FOR APPRAISING PROPERTY AND COMPENSATING A PROPERTY OWNER FOR PROPERTY TAKEN UNDER EMINENT DOMAIN PROCEDURES, AND TO PROVIDE FOR INVERSE CONDEMNATION ACTION BY A PROPERTY OWNER.
l:\council\bills\ggs\22840htc05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 168 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-190 SO AS TO REQUIRE, BEGINNING FOR FISCAL YEAR 2005-2006, FIFTY PERCENT OF ANNUAL GENERAL FUND REVENUE GROWTH TO BE USED TO REDUCE THE STATE INCOME TAX, TO LIMIT ANNUAL GROWTH IN GENERAL FUND APPROPRIATIONS TO THREE PERCENT, AND TO PROVIDE FOR THE USE OF SURPLUS REVENUE CREATED BY THIS LIMITATION ON APPROPRIATIONS FOR SCHOOL CONSTRUCTION AND OTHER NONRECURRING PROJECTS AS THE GENERAL ASSEMBLY MAY DETERMINE.
l:\council\bills\ggs\22839htc05.doc

Prefiled and referred to the Committee on Finance.

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

S. 169 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO CHANGE FROM TEN TO TWENTY THE NUMBER OF CALENDAR DAYS AN INDIVIDUAL MAY HOLD A CHECK BEFORE CASHING TO ASSERT LIABILITY OF THE DRAWER FOR UTTERING A FRAUDULENT CHECK IF SUFFICIENT FUNDS ARE NOT ON DEPOSIT WITH THE BANK OF THE DRAWER.
l:\council\bills\bbm\10474mm05.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 170 (Word version) -- Senators Elliott and Mescher: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND PORTS AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.
l:\council\bills\bbm\10475mm05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 171 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-415 SO AS TO REQUIRE INSURERS TO DISCLOSE IN WRITING THE NATURE AND SCOPE OF ALL DEDUCTIBLES CONTAINED IN INSURANCE POLICIES SOLD IN THIS STATE, TO OBTAIN THE SIGNATURE OF THE INSURED ON THE WRITTEN EXPLANATION OF THE DEDUCTIBLE AND TO REQUIRE WRITTEN EXPLANATIONS AND SIGNATURES OF INSURED ON ALL CHANGES OR INCREASES IN DEDUCTIBLES AND PERCENTAGE DEDUCTIBLES TRIGGERED BY TROPICAL STORMS, OR HURRICANES, OR OTHER NATURAL DISASTERS.
l:\council\bills\gjk\20040sd05.doc

Prefiled and referred to the Committee on Banking and Insurance.

Read the first time and referred to the Committee on Banking and Insurance.

S. 172 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-25 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONG RANGE STRATEGY FOR PRESERVING AND PROTECTING THE ENVIRONMENT AND PUBLIC HEALTH, TO REQUIRE THE DEPARTMENT TO CERTIFY THAT EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION IS CONSISTENT WITH THIS STRATEGY AND OTHER STATE AND LOCAL PLANS, AND TO EVALUATE THE IMPACT OF THE ACTION ON THE ENVIRONMENT AND ON LOW-INCOME AND MINORITY PERSONS; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION AND TO CONSIDER REPEAT VIOLATIONS WHEN DETERMINING COMPLIANCE AND ENFORCEMENT PENALTIES.
l:\council\bills\nbd\11073ac05.doc

Prefiled and referred to the Committee on Medical Affairs.

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

S. 173 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
l:\council\bills\gjk\20042sd05.doc

Prefiled and referred to the Committee on Corrections and Penology.

Read the first time and referred to the Committee on Corrections and Penology.

S. 174 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1520 SO AS TO REQUIRE AGENCIES TO PURCHASE RETIREMENT SERVICE CREDIT OF UP TO THREE YEARS FOR EMPLOYEES THAT WOULD HAVE BEEN ELIGIBLE, UNDER NORMAL CIRCUMSTANCES, TO RETIRE WITHIN THREE YEARS AFTER BEING TERMINATED AS A RESULT OF AN AGENCY REDUCTION IN FORCE CAUSED BY A MANDATED REDUCTION IN THE AGENCY BUDGET AND BY ADDING SECTION 8-11-76 SO AS TO PROVIDE THAT EMPLOYEES TERMINATED AS A RESULT OF A MANDATED REDUCTION IN THE AGENCY BUDGET ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE AND REQUIRE THAT THE EMPLOYEE AND EMPLOYER SHARE OF STATE HEALTH AND DENTAL INSURANCE BE PROVIDED TO TERMINATED EMPLOYEES FOR UP TO ONE YEAR, TO REQUIRE THAT TERMINATED EMPLOYEES RETURNING TO SERVICE WITHIN A TWO-YEAR PERIOD HAVE THEIR BENEFITS CALCULATED AS IF THERE HAD BEEN NO BREAK IN SERVICE, AND TO PERMIT THESE EMPLOYEES TO PURCHASE BACK RETIREMENT AND LEAVE BENEFITS.
l:\council\bills\gjk\20039sd05.doc

Prefiled and referred to the Committee on Finance.

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

S. 175 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1925 SO AS TO REQUIRE PERSONS WHO PROCESS DEER MEAT ON A FEE FOR SERVICE BASIS WHO ARE NOT REGULATED BY A FEDERAL OR STATE AGENCY TO REGISTER WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS CONCERNING THE DISPOSAL OF INEDIBLES, HIDES, AND WASTEWATER GENERATED DURING THE PROCESSING OF DEER MEAT.
l:\council\bills\nbd\11071ac05.doc

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 176 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANDIDATES FOR ELECTORS OF THE PRESIDENT AND THE VICE PRESIDENT SO AS TO SPECIFY THAT THERE MUST BE EIGHT CANDIDATES, TWO TO BE APPOINTED AT-LARGE AND SIX TO BE APPOINTED TO REPRESENT THE SIX CONGRESSIONAL DISTRICTS OF THE STATE; TO REQUIRE THAT THE HIGHEST NUMBER OF VOTES STATEWIDE CONSTITUTES ELECTION OF THE TWO AT-LARGE PRESIDENTIAL ELECTORS FOR THAT PARTY OR PETITION CANDIDATE AND THAT THE HIGHEST NUMBER OF VOTES IN A CONGRESSIONAL DISTRICT CONSTITUTES ELECTION OF THE CONGRESSIONAL DISTRICT PRESIDENTIAL ELECTOR OF THAT PARTY OR PETITION CANDIDATE; AND TO REPEAL SECTION 7-19-80 RELATING TO THE ELECTOR'S DECLARATION OF THE CANDIDATE FOR WHOM HE WILL VOTE.
l:\council\bills\dka\3053dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 177 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
l:\council\bills\pt\2213cm05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 178 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING PROGRAM TO BE ADMINISTERED BY THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL WITHIN THE DEPARTMENT OF COMMERCE; TO IMPOSE A FIVE-DOLLAR FEE ON EACH PIECE OF ELECTRONIC EQUIPMENT CONTAINING A CATHODE RAY TUBE SOLD; TO REQUIRE THE STATE TREASURER TO DEPOSIT THE FEES COLLECTED IN THE ELECTRONIC EQUIPMENT RECYCLING FUND TO BE USED, AMONG OTHER THINGS, TO DETERMINE THE MOST EFFICIENT MEANS OF COLLECTING, TRANSPORTING, AND PROCESSING SCRAP ELECTRONIC EQUIPMENT AND TO AWARD GRANTS, CONTRACTS, AND LOANS TO FURTHER THE PROCESS AND TECHNOLOGY FOR RECYCLING THIS EQUIPMENT; TO ESTABLISH THE ELECTRONIC EQUIPMENT RECYCLING COMMITTEE TO REVIEW AND EVALUATE THE USE OF THE RECYCLING FUND; AND TO REQUIRE THE RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL TO EVALUATE THE PROGRAM AND RECOMMEND WHETHER THIS PROGRAM SHOULD CONTINUE AND BE MADE PERMANENT LAW.
l:\council\bills\dka\3051dw05.doc

Prefiled and referred to the Committee on Agriculture and Natural Resources.

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

S. 179 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
l:\council\bills\dka\3052dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 180 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 42, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT ACT, SO AS TO REDEFINE EXISTING DEFINITIONS AND ADD ADDITIONAL DEFINITIONS USED IN THE ACT, ALTER AND ADD FUNCTIONS AND POWERS TO BE PERFORMED BY THE DIVISION OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD, REQUIRE A STATE AGENCY AND PROGRAM TO CONSIDER AND DETERMINE WHETHER ITS DECISION AND ITS IMPACTS ARE CONSISTENT WITH REGIONAL AND LOCAL GOVERNMENT PLANS, TO AUTHORIZE THE DIVISION TO ADMINISTER SUCH FUNDING AS MAY BE PROVIDED FOR THE PURPOSE OF IMPLEMENTING THE INTENT OF THIS CHAPTER, REQUIRE THE DIVISION TO ADOPT STANDARDS AND PROCEDURES FOR REGULATING THIS FUNDING, AUTHORIZE THE DIVISION TO EMPLOY OR RETAIN ORGANIZATIONS, AGENCIES, COMMISSIONS, AND UNIVERSITIES TO PROVIDE CONSULTATION, TECHNICAL ASSISTANCE, AND TRAINING TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER, AND TO REQUIRE THE DIVISION TO MAKE A BIENNIAL REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON THE IMPLEMENTATION OF THIS CHAPTER.
l:\council\bills\dka\3054dw05.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 181 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER CONSPICUOUSLY POST TELEPHONE, E-MAIL, ON-LINE, AND FAX RATES CHARGED IN ITS LODGING ESTABLISHMENT.
l:\council\bills\bbm\10476mm05.doc

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 182 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS SO AS TO PROVIDE THAT A MUNICIPAL POLICE OFFICER IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.
l:\s-res\lkg\001dual.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 183 (Word version) -- Senators Hawkins, Campsen, Verdin and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGE, SO AS TO DEFINE THAT A VALID MARRIAGE IS BETWEEN ONE MAN AND ONE WOMAN ONLY AND TO PROVIDE THAT NO OTHER DOMESTIC UNION, HOWEVER DENOMINATED, MAY BE RECOGNIZED AS A MARRIAGE OR GIVEN THE SAME OR SUBSTANTIALLY EQUIVALENT LEGAL EFFECT.
l:\s-res\jdh\002marr.mrh.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 184 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
l:\s-res\hkl\012mari.mrh.doc

Prefiled and referred to the Committee on Fish, Game, and Forestry.

Read the first time and referred to the Committee on Fish, Game, and Forestry.

S. 185 (Word version) -- Senators Martin, McConnell and Alexander: 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.
l:\s-jud\bills\martin\jud0030.lam.doc

Prefiled and referred to the Committee on Judiciary.

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

S. 186 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE FOR THE 116TH GENERAL ASSEMBLY OF SOUTH CAROLINA.
l:\s-res\lam\001join.mrh.doc

Prefiled and referred to the Committee on Rules.

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

S. 187 (Word version) -- Senators Martin, J. Verne Smith, Leatherman, McConnell, Peeler, Courson, Thomas, Hayes, Gregory, Mescher, Ryberg, Alexander, Fair, Grooms, Richardson, Hawkins, Ritchie, Verdin, Cromer, Bryant, Campsen, Cleary and Scott: A SENATE RESOLUTION TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
l:\s-res\lam\002sena.mrh.doc

The Senate Resolution was adopted.

S. 188 (Word version) -- Senators Leatherman and Land: A SENATE RESOLUTION JOINING THE CITY OF GREER IN HONORING SOUTH CAROLINA STATE SENATOR J. VERNE SMITH FOR HIS MORE THAN THIRTY YEARS OF STATESMANSHIP ON BEHALF OF THE CITY AND THIS STATE.
l:\council\bills\bbm\10487mm05.doc

The Senate Resolution was adopted.

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

Document No. 2924
Agency: Department of Social Services
SUBJECT: Child Care Centers Operated by Churches or Religious Entities
Received by Lieutenant Governor January 11, 2005
Referred to General Committee
Legislative Review Expiration May 11, 2005

Document No. 2925
Agency: Department of Social Services
SUBJECT: Licensing of Group Child Care Homes
Received by Lieutenant Governor January 11, 2005
Referred to General Committee
Legislative Review Expiration May 11, 2005

Document No. 2926
Agency: Department of Health and Environmental Control
SUBJECT: Pasteurized Milk and Milk Products
Received by Lieutenant Governor January 11, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2005

Document No. 2928
Agency: Department of Health and Environmental Control
SUBJECT: Specific Project Standards of Tidelands and Coastal Waters - Docks
Received by Lieutenant Governor January 11, 2005
Referred to Fish, Game, and Forestry Committee
Legislative Review Expiration May 11, 2005

Document No. 2929
Agency: Department of Health and Environmental Control
SUBJECT: Statement of Policy, Specific Project Standards of Tidelands and Coastal Waters - Marinas
Received by Lieutenant Governor January 11, 2005
Referred to Fish, Game, and Forestry Committee
Legislative Review Expiration May 11, 2005

Document No. 2930
Agency: Department of Health and Environmental Control
SUBJECT: Hotel-Motel Sanitation
Received by Lieutenant Governor January 11, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2005

Document No. 2933
Agency: Department of Natural Resources
430, -500, -520, - 530, -854, -2200
SUBJECT: Wildlife Management Area Regulations
Received by Lieutenant Governor January 11, 2005
Referred to Fish, Game, and Forestry Committee
Legislative Review Expiration May 11, 2005

Senator FAIR introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.

The following invitations were accepted:

Tuesday - January 11, 2005 - 6:00-8:00 PM:
Members of the Senate, Reception, Adam's Mark Hotel, by SC BANKERS ASSOCIATION.

Wednesday - January 12, 2005 - 8:00-10:00 AM:
Members of the Senate, Breakfast, 221 Blatt Building, by AMERICAN CANCER SOCIETY.

Wednesday - January 12, 2005 - 6:00-8:00 PM:
Members of the Senate, Reception, Columbia Metropolitan Convention Center, by CITY OF COLUMBIA.

Thursday - January 13, 2005 - 8:00-10:00 AM:
Members of the Senate, Shrimp and Grits Breakfast, 221 Blatt Building, by SC BROADCASTERS ASSOCIATION.

Tuesday - January 18, 2005 - 6:00-8:00 PM:
Members of the Senate and Staff, Reception, Columbia Museum of Art, by SC TELEPHONE ASSOCIATION.

Wednesday - January 19, 2005 - 8:00-9:30 AM:
Members of the Senate and Staff, Breakfast, 221 Blatt Building, by SC ASSOCIATION OF NURSE ANESTHETISTS.

Wednesday - January 19, 2005 - Noon-2:00 PM:
Members of the Senate, Lunch, State House Grounds, by SC ASSOCIATION OF REALTORS.

Wednesday - January 19, 2005 - 6:00-8:00 PM:
Members of the Senate, Reception, State Museum, by SC WILDLIFE ASSOCIATION, SC DEPARTMENT OF NATURAL RESOURCES, and HARRY HAMPTON WILD TURKEY FEDERATION.

Thursday - January 20, 2005 - 8:00-10:00 AM:
Members of the Senate and Staff, Breakfast, 221 Blatt Building, by REACH OUT AND READ SC.

The PRESIDENT appointed Senators WILLIAMS, BRYANT, and CLEARY to inform the Governor that the Senate was organized and was ready to proceed with business.

The PRESIDENT appointed Senators LOURIE, CAMPSEN and SCOTT to inform the House of Representatives that the Senate was organized and was ready to proceed with business.

On motion of Senators MOORE, RYBERG, SETZLER, 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, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, SCOTT, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN, and WILLIAMS, with unanimous consent, the Senate stood adjourned in memory of the community of Graniteville, S.C., whose lives were, and continue to be, disrupted and devastated by the tragic train accident of January 6, 2005, in which nine people lost their lives and many were injured. Our prayers and condolences are extended to the families of those who lost their lives, and we send our best wishes for a swift and complete recovery to those who were injured as a result of this accident.

At 5:29 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:17 P.M.