Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.

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

Senator LOURIE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

On motion of Senator PEELER, at 11:05 A.M., Senator LEATHERMAN was granted a leave of absence for today.

At 11:15 A.M., Senator HUTTO requested a leave of absence for Friday, March 25, through Monday, March 29, 2005.

At 12:05 P.M., Senator ANDERSON requested a leave of absence until 8:00 P.M. tonight.

S. 308 (Word version) -- Senators McConnell, Thomas, Lourie, Sheheen, Land, Drummond, Setzler, Cromer, Richardson, Knotts, McGill, O'Dell, Alexander, Leatherman, Anderson, Leventis, Courson, Short, Peeler, Grooms, Malloy, Ford and Verdin: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; AND TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO PROVIDE THE MANNER IN WHICH THE DIRECTORS MUST BE APPOINTED.

On motion of Senator MARTIN, with unanimous consent, the names of Senators MARTIN, J. VERNE SMITH, RITCHIE and REESE were added as co-sponsors of S. 308.

S. 319 (Word version) -- Senators Hayes, Malloy, Moore, Williams, O'Dell and McGill: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.

On motion of Senator SHORT, with unanimous consent, the names of Senators SHORT and LEVENTIS were added as co-sponsors of S. 319.

The following were introduced:

S. 401 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF A STUDENT TO RECEIVE A LIFE SCHOLARSHIP, SO AS TO INCLUDE A STUDENT WHOSE PARENT OR GUARDIAN IS IN THE MILITARY OR HAS RETIRED FROM THE MILITARY WITHIN FOUR YEARS OF THE DATE THE STUDENT APPLIES FOR THE SCHOLARSHIP IF THE PARENT OR GUARDIAN HAS PAID INCOME TAXES IN THIS STATE FOR A MAJORITY OF THE YEARS OF MILITARY SERVICE AND IS A RESIDENT OF THIS STATE.
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Read the first time and referred to the Committee on Education.

S. 402 (Word version) -- Senator Sheheen: 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 TEACHER IN A PRIVATE COLLEGE OR UNIVERSITY.
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Read the first time and referred to the Committee on Finance.

S. 403 (Word version) -- Senators Sheheen and Malloy: A BILL TO AMEND SECTION 59-150-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF A LOTTERY TICKET OR SHARE TO A MINOR, SO AS TO ALLOW THE COURT THE DISCRETION TO REDUCE THE FINE OR GIVE A WARNING UPON CONVICTION FOR A FIRST OFFENSE OF VIOLATING THE PROVISIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 404 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-290, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST NOT ISSUE A LICENSE OR PERMIT FOR THE OPERATION OF AN INDUSTRIAL FACILITY IF THE FACILITY IS WITHIN THREE AND ONE-HALF MILES OF A RESIDENCE; TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A CEASE AND DESIST ORDER AND OTHER SANCTIONS TO AN EXISTING INDUSTRIAL FACILITY WITHIN THREE AND ONE-HALF MILES OF A RESIDENCE IF THE FACILITY HAS OR HAS HAD AN INCIDENT WITHIN THE PAST FIFTEEN YEARS IN WHICH THE OPERATION OF THE FACILITY OR ANY PROCESS WITHIN THE FACILITY OR IN WHICH THE RELEASE OF INDUSTRIAL WASTE OR A BY-PRODUCT FROM THE FACILITY CAUSED OR CONTRIBUTED TO HUMAN INJURY OR DEATH.
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Read the first time and referred to the Committee on Medical Affairs.

S. 405 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.

S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
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Read the first time and referred to the Committee on Transportation.

S. 407 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL VARSITY FOOTBALL TEAM AND THEIR COACHES ON WINNING THEIR THIRD CLASS A STATE CHAMPIONSHIP AND ON THEIR EXTRAORDINARY DEDICATION, DETERMINATION, AND HARD WORK THROUGHOUT THE 2004 SEASON, AND TO RECOGNIZE THEM UPON CAPTURING THE CLASS A STATE CHAMPIONSHIP TITLE ON SATURDAY, DECEMBER 4, 2004, AT WILLIAMS BRICE STADIUM.
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The Senate Resolution was adopted.

S. 408 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF FEBRUARY 6-12, 2005, AS BURN AWARENESS WEEK IN SOUTH CAROLINA AND TO COMMEND THE SHRINERS OF NORTH AMERICA FOR PROMOTING BURN SAFETY AND AWARENESS.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 409 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION CONGRATULATING DANIEL ISLAND FOR BEING AWARDED THE PLATINUM BEST IN AMERICAN LIVING AWARD AS THE NATION'S BEST SUBURBAN SMART GROWTH NEIGHBORHOOD AND COMMUNITY FOR 2004.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 410 (Word version) -- Senators Fair and Malloy: A BILL TO AMEND SECTION 17-27-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POST-CONVICTION RELIEF FILINGS, SO AS TO PROVIDE THAT A FEE IS NOT REQUIRED FOR AN INITIAL FILING FOR POST-CONVICTION RELIEF; TO AMEND SECTION 17-27-50, RELATING TO THE FORM AND CONTENTS OF AN APPLICATION FOR POST-CONVICTION RELIEF, SO AS TO PROVIDE THAT THE APPLICATION MUST PROVIDE A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS FILED AN APPLICATION FOR POST-CONVICTION RELIEF OR A PETITION FOR HABEAS CORPUS RELATING TO HIS PRESENT INCARCERATION, REQUIRE THE APPLICANT TO ATTACH A COPY OF HIS INMATE TRUST ACCOUNT BALANCE UNDER CERTAIN CIRCUMSTANCES, AND MUST CONTAIN A PROVISION THAT STATES THAT A NONMERITORIOUS FUTURE APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE APPLICANT'S LOSS OF WORK CREDITS, EDUCATION CREDITS, GOOD TIME CREDITS, AND INMATE TRUST FUNDS; BY ADDING SECTION 17-27-65 SO AS TO PROVIDE A PROCEDURE FOR A PRISONER TO PAY THE FILING FEES ASSOCIATED WITH AN ACTION FOR POST-CONVICTION RELIEF AND TO EXEMPT CERTAIN PRISONERS FROM PAYING THE FILING FEE; AND BY ADDING SECTION 17-27-68 SO AS TO PROVIDE PENALTIES FOR A PRISONER WHOSE APPLICATION FOR POST-CONVICTION RELIEF IS DETERMINED TO BE FRIVOLOUS.
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Read the first time and referred to the Committee on Judiciary.

S. 411 (Word version) -- Senators Jackson, Malloy, Leventis, Campsen, Ryberg, Sheheen, Land, Lourie, Bryant, O'Dell, Pinckney, Drummond, Short, Hutto, Williams, Rankin, Alexander, Gregory and Courson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
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Read the first time and referred to the Committee on Judiciary.

S. 412 (Word version) -- Senators Jackson, Pinckney, Reese, Drummond, Bryant, Rankin, Ryberg, Malloy, Courson, Hutto, Lourie, Williams, Short, Patterson, Sheheen, Scott, O'Dell, Leventis, Land, Cromer, Hayes and Ritchie: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
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Read the first time and referred to the Committee on Judiciary.

H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

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

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 184 (Word version) -- Senators Leatherman and Grooms: 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.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 291 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AUTHORIZED FOR SALE BY THE DEPARTMENT, SO AS TO REVISE THE AGE AND FEE REQUIREMENTS FOR A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE.

Ordered for consideration tomorrow.

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

The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3356 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.

On motion of Senator SHEHEEN, the Bill was read the third time.

H. 3363 (Word version) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W.D. Smith: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY TO FIVE HUNDRED THOUSAND DOLLARS THE BORROWING LIMITS OF THE DISTRICT AND TO AUTHORIZE THE BOARD OF FIRE CONTROL TO HIRE SUCH EMPLOYEES AND DETERMINE THEIR SALARIES.

On motion of Senator RITCHIE, the Bill was read the third time.

H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION.

On motion of Senator SHEHEEN, the Bill was read the third time.

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

S. 386 (Word version) -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.

By prior motion of Senator McGILL

S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.

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

S. 23 (Word version) -- Senators Short, Moore, Elliott, Ryberg, Ritchie, Verdin, Bryant, Ford, Leatherman and Leventis: 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 USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.

Senator RYBERG explained the Bill.

S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: 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.

Senator RYBERG explained the Bill.

S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: 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.

H. 3226 (Word version) -- Reps. Clemmons, Mahaffey and Umphlett: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Senator PEELER explained the Bill.

S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson: 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.

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

The Committee on Transportation proposed the following amendment (SWB\6271CM05), which was adopted:

Amend the bill, as and if amended, Section 58-23-110 as contained in SECTION 1, page 2, by adding the following appropriately lettered subsection:

/ ( )   Notwithstanding the other provisions contained in this section, a 'motor carrier transportation contract' shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, because that agreement may be amended by the Intermodal Interchange Executive Committee. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

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

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.

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

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

Senator RITCHIE explained the Bill.

Senator HUTTO objected to further consideration of the Bill.

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

Senator RYBERG explained the Bill.

Senator SHEHEEN objected to further consideration of the Bill.

On motion of Senator THOMAS, with unanimous consent, the name of Senator THOMAS was added as a co-sponsor of S. 307.

S. 318 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF A MUNICIPAL INCORPORATION.

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

The Committee on Judiciary proposed the following amendment (JUD0318.003), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF MUNICIPAL INCORPORATION.

Whereas, municipal boundaries are limited only by the state's statutory law requirements; and

Whereas, some municipalities already extend across county lines; and

Whereas, if a publicly-owned property, such as a road or waterway, is within the exclusive territory of a single municipality, that municipality could extend its boundaries across the State, preventing areas that otherwise meet the statutory requirements for municipal incorporation from attaining local self-governance; and

Whereas, the General Assembly finds and declares that publicly-owned property is for the benefit of all the citizens of the State and not to be used as the exclusive territory of any one municipality. Now, therefore,

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

SECTION   1.   Chapter 1, Title 5 of the 1976 Code is amended to read:

Section 5-1-10.   (A)   All municipalities which have A municipality having a certificate of incorporation issued by the Secretary of State and all township governments which have heretofore been a township established by act of the General Assembly are hereby declared to be perpetual bodies, politic and corporate, and are entitled to exercise all the powers and privileges provided for municipal corporations in this State, and are subject to all the limitations and liabilities provided for municipal corporations in this State.

(B)   The incorporation or corporate capacity of any a municipality or township government established heretofore by act of the General Assembly shall must not be attacked in any court in this State except as hereinafter provided by statute.

Section 5-1-20.   The term As used in Chapters 1 through 17 of this title, unless the context clearly indicates otherwise:

(1)   'municipality' where used in Chapters 1 to 17 'Municipality' means any a city or town which has been issued a certificate of incorporation, or township which has heretofore been created by act of the General Assembly.

(2)   'Publicly-owned property' means any federally-owned, state-owned, or county-owned land or water area.

Section 5-1-22.   The General Assembly finds and declares the following to be the public policy of the State of South Carolina:

(1)   publicly-owned property may be incorporated or annexed by a municipality as provided by the state's statutory law; however, publicly-owned property is for the benefit of all citizens of the State and is not the exclusive territory of any one municipality; and

(2)   incorporation or annexation of publicly-owned property does not confer or convey to a municipality control over the publicly-owned property that in any way:

(a)   interferes with the superior authority of the federal, state, or county government; or

(b)   prevents an area seeking to be incorporated from using the publicly-owned property to establish contiguity as provided in Section 5-1-30(A)(4).

Section 5-1-24.   (A)   After June 30, 2005, citizens of an area seeking municipal incorporation shall file an application for incorporation with the Secretary of State's office containing:

(1)   a petition setting out the corporate limits proposed for the municipality and the number of inhabitants residing within the proposed corporate limits, and signed by fifteen percent of the qualified electors who reside within the proposed municipality; and

(2)   documentation concerning the minimum service standard incorporation requirements as provided in Section 5-1-30.

(B)   Upon receipt of a filing for a proposed municipal incorporation, the Secretary of State shall transfer a copy of the filing to the Joint Legislative Committee on Municipal Incorporation for review.

Section 5-1-26.   (A)   The Joint Legislative Committee on Municipal Incorporation is created to review the petition and documentation submitted by an area seeking municipal incorporation and to make a recommendation to the Secretary of State whether the area meets the minimum service standard incorporation requirements as provided in Section 5-1-30.

(B)   The committee consists of seven members:

(1)   two Senators appointed by the President Pro Tempore of the Senate;

(2)   two members of the House of Representatives appointed by the Speaker of the House of Representatives;

(3)   one person appointed by the Governor;

(4)   one city manager or elected city official appointed by the President Pro Tempore of the Senate from a list of three persons recommended by the Municipal Association of South Carolina; and

(5)   one county council member or county manager or administrator appointed by the Speaker of the House of Representatives from a list of three persons recommended by the South Carolina Association of Counties.

(C)   The members are appointed to serve terms of two years, initially beginning on July 1, 2005, and until their successors are appointed and qualify. A vacancy must be filled in the same manner as the original appointment for the unexpired term.

(D)   The committee shall elect a chairman from its membership for a one-year term. The position of chairman rotates among the members.

(E)   The committee meets at times and places as it may determine.

(F)   Staff for the committee must be provided by the President Pro Tempore of the Senate and Speaker of the House of Representatives.

Section 5-1-30.   (A)   Before issuing a corporate certificate to a proposed municipality, the Secretary of State shall first determine based on the filing submitted and the recommendation of the Joint Legislative Committee on Municipal Incorporation whether the proposed municipality meets the following requirements:

(1)   that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census, except as provided in subsections (B) through (E);

(2)   that no part of the area is within five miles of the boundary of an active incorporated municipality, except as provided in subsections (B) through (E);

(3)   that an approved the area seeking to be incorporated has filed a service feasibility study for the proposed municipality that has been filed with reviewed by the Joint Legislative Committee on Municipal Incorporation and approved by the Secretary of State; and

(4)   that the area proposed to be incorporated is contiguous as defined and as described in this item. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway, whether or not the marshland located in the tidal flow or the publicly-owned waterway has been previously incorporated or annexed by another municipality. The incorporation of a marshland located in the tidal flow or a publicly-owned waterway does not preclude the marshland located in the tidal flow or the publicly-owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of an incorporation if the distance from highland to highland of the area being incorporated is not greater than three-fourths of a mile. 'Contiguous' means adjacent properties that share a continuous border. If a publicly-owned property intervenes between two areas proposed to be incorporated together, which but for the intervening publicly-owned property would be adjacent and share a continuous border, the intervening publicly-owned property does not destroy contiguity;

(5)   the area seeking to be incorporated has filed a proposal for providing either directly or by contract a minimum level of law enforcement services as required in regulations promulgated by the State Law Enforcement Division. If law enforcement services are by contract, the proposal must indicate which governmental entity provides the service and the estimated compensation for the service; and

(6)   the area seeking to be incorporated has filed a proposal demonstrating that at least three of the following services, either directly or by contract, will be provided to the incorporated area no later than the first day of the third fiscal year following the effective date of incorporation:

(a)   fire protection at a minimum service level required in regulations promulgated by the South Carolina Fire Marshal;

(b)   solid waste collection and disposal;

(c)   water supply, water distribution, or both;

(d)   wastewater collection and treatment;

(e)   storm water collection and disposal;

(f)   enforcement of building, housing, plumbing, and electrical codes;

(g)   planning and zoning;

(h)   recreational facilities and programs; or

(i)     street lighting.

(B)(1)   When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen seven thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.

(2)   For purposes of item (1) of this subsection, a refusal to annex the area by the municipality includes a statement from the municipality that the area does not meet the statutory requirements for annexation.

(C)   The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.

(D)   The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent of the qualified electors of the respective areas seeking incorporation.

(E)   This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand.

Section 5-1-40.   Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by fifteen percent of the qualified electors who reside within the proposed municipality. (A)   The Joint Legislative Committee on Municipal Incorporation shall return the copy of filing to the Secretary of State with a written decision of its recommendation concerning the application for municipal incorporation.

(B)   The Secretary of State shall provide the applicant with a copy of the committee's written decision.

(C)   A recommendation by the committee or a determination by the Secretary of State that the requirements of Section 5-1-30 have not been met does not preclude the area seeking from submitting a subsequent application.

Section 5-1-50.   (A)(1)   After receipt of such a petition a recommendation from the Joint Legislative Committee on Municipal Incorporation, the Secretary of State shall then determine whether the requirements of Section 5-1-30 have been met. If the Secretary of State determines that the requirements of Section 5-1-30 have been met, he shall issue to three or more persons residing in the area of such the proposed municipality, a commission empowering them to:

(a)   hold an election not less than twenty days nor more than ninety days after the issuance of the commission,; and

(b)   appoint three managers of election who shall conduct such the election.

(2)   Notice of the election shall must be published in a newspaper of general circulation in the community [or] by posting in three public places within the area sought to be incorporated which shall contain contains detailed information concerning the election. The notice shall must be published or posted not less than five nor more than fifteen days before the date of the election.

(B)(1)   At such election, all registered electors living in the area sought to be incorporated shall must be allowed to vote on the following questions:

(a)   incorporation;

(b)   name of the municipality;

(c)   the form of government;

(d)   method of election as prescribed in Section 5-15-20;

(e)   whether the election shall be is partisan or nonpartisan; and

(f)   the terms of the mayor and council members.

(2)   When any of the above questions proposed in an election contain more than two options, the option receiving the highest number of votes will prevail.

(3)   Provided, however, that when any If a community votes in favor of incorporation pursuant to this section and selects a form of government in such an election, notwithstanding the results of the selections made by the voters as to questions (d), (e), and (f) above in item (1) of this subsection, the initial governing body of the incorporated municipality shall consist consists of four council members and a mayor, all elected at large in a nonpartisan election for terms of two years.

(C)   The managers of election shall conduct the election, unless otherwise provided for in this chapter, according to the general law governing the conduct of special elections mutatis mutandi.

Section 5-1-60.   The managers of such the election shall make their sworn returns of the result of the election to the commissioners. The returns shall must show the total number of those voting in the election, together with the number of those voting on each question proposed.

Section 5-1-70.   The commissioners shall certify the result of such the election under oath to the Secretary of State, and if the result is in favor of incorporation, the Secretary of State shall issue a certificate of incorporation of such to the municipality and the municipality shall have has all the privileges, powers, and immunities and shall be are subject to the limitations provided by law.

Section 5-1-80.   Before any delivery of a certificate of incorporation, is delivered by the Secretary of State, he shall require the production of a receipt from the State Treasurer for the payment of the following incorporation fees as follows for municipalities with a population: (a) for municipalities with a population (1) of one thousand or less, one hundred dollars; (b) for municipalities with a population (2) between one thousand and five thousand, three hundred dollars; (c) for municipalities with a population (3) over five thousand, six hundred dollars.

Section 5-1-90.   The certificate of incorporation shall must be issued to the commissioners who shall immediately shall provide for the election of municipal officers pursuant to Chapter 15 and in accordance with such the certificate as to form of government. Until such the municipal officers are elected and qualify, the certificate of incorporation shall does not become effective and the powers of the municipality shall must be exercised only by the municipal council when such body the municipal council is created by election.

Section 5-1-100.   (A)   Whenever it shall appear that a municipality When following its incorporation a municipality's population has decreased in population since its incorporation to less than fifty inhabitants, the certificate of such the municipality shall must be automatically forfeited and void. Whenever If a majority of the registered electors of any a municipality shall file files a petition requesting the municipal certificate be surrendered with the municipal council of such municipality a petition requesting the municipal certificate be surrendered, the council shall order an election to determine the question, at which election all qualified electors of the municipality shall must be permitted to vote, and if two-thirds of those voting shall vote in favor of surrendering the certificate, the council shall certify the result to the Secretary of State, who shall thereupon cancel the certificate theretofore issued to such the municipality.

(B)   If the Secretary of State shall determine determines that any previously incorporated municipality is neither performing municipal services nor collecting taxes or other revenues and has not held an election during the past four years, he shall cancel the certificate of such the municipality.

Section 5-1-110.   Any A suit to challenge the incorporation procedures of any a municipal corporation under pursuant to the provisions of Chapters 1 to through 17 shall must be brought within sixty days after the issuance of the certificate of incorporation."

SECTION   2.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of Chapter 1, Title 5 of the 1976 Code as amended by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word hereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   3.   The provisions of this act take effect July 1, 2005; however, the appointment of the members of the Joint Legislative Committee on Municipal Incorporation may be made upon signature by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

Senator McCONNELL spoke on the committee amendment.

The committee amendment was adopted.

On motion of Senator SETZLER, the Bill was carried over, as amended.

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

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

Pursuant to Rule 33B, Senator MARTIN, on behalf of a majority of the Rules Committee, moved to make S. 83 a Special Order.

S. 83 (Word version) was made a Special Order.

S. 136 (Word version) -- Senators Gregory, Elliott, Mescher, Fair, Richardson and Bryant: 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.

Senator HUTTO made a motion to recall the Bill from the Committee on Judiciary and ordered the Bill placed on the Calendar.

The Bill was recalled from the committee and placed on the Calendar for consideration.

S. 345 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 41, 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, TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT, AND TO PROVIDE EXCEPTIONS FOR INTENTIONAL OR RECKLESS CONDUCT; TO AMEND SECTION 15-3-640, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS AND TO DEFINE "SUBSTANTIAL COMPLETION"; TO AMEND SECTION 15-7-30, 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 15-36-10, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS, SO AS TO ADOPT THE REASONABLE ATTORNEY STANDARD FOR CIVIL FILINGS BY ALL LITIGANTS AND TO REQUIRE THE REPORTING OF VIOLATIONS OF THE ARTICLE; 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 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; BY ADDING SECTION 39-5-39, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE FOR AN ATTORNEY TO ADVERTISE HIS SERVICES IN A FALSE, DECEPTIVE, OR MISLEADING WAY, INCLUDING THE USE OF A NICKNAME THAT CREATES AN UNREASONABLE EXPECTATION OF RESULTS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, RELATING TO INSURANCE SAVINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE MUST REVIEW DATA REPORTED BY LIABILITY INSURERS IN ORDER TO DETERMINE IF ANY SAVINGS ARE REALIZED AS A RESULT OF A DECREASE IN LITIGATION OR CLAIMS PAID AFTER THE EFFECTIVE DATE OF THIS ACT; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS; AND TO REPEAL SECTION 58-23-90, RELATING TO THE PROPER VENUE TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER.

Senator MARTIN moved to make S. 345 a Special Order.

S. 345 (Word version) was made a Special Order.

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

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

S. 109 (Word version) -- Senators Fair, Verdin and Grooms: 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.

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

The Committee on Finance proposed the following amendment (109R001.MLF):

Amend the bill, as and if amended, SECTION 1, page 1, by striking line 36 and inserting:

/   documents and objects. Any object displaying the Ten Commandments must be paid for with private funds and the design and location must be approved by the State House Committee."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

Senator FAIR argued in favor of the adoption of the committee amendment.

At 12:04 P.M., Senator FAIR asked unanimous consent to make a motion that the Senate recede from business not to exceed two minutes.

Senator FORD objected.

Senator FAIR continued arguing in favor of the adoption of the committee amendment.

Senator FAIR moved to commit the Bill to the Committee on Judiciary.

The Bill was committed to the Committee on Judiciary.

Senator PATTERSON rose for an Expression of Personal Interest.

On motion of Senators DRUMMOND and COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Symmes "Bill" Voiselle of Ninety-Six, S.C. Mr. Voiselle, who passed away at age 86, was an outstanding Major League Baseball pitcher. He debuted with the New York Giants in 1942 and was named to the 1944 All Star team when he set a record that still stands today for complete games- or innings-pitched. After being traded to the Boston Braves in 1947, he obtained special permission from baseball commissioner A. B. "Happy" Chandler to wear uniform No. 96 to honor his hometown. Mr. Voiselle appeared in two games of the 1948 World Series.

At 12:24 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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